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  • Arbitration Chambers
    is accepted by it If the arbitration commission considers that the conditions have not been fulfilled it shall notify the parties in writing of its rejection stating its reasons 仲裁委员会收到仲裁申请书之日起五日内 认为符合受理条件的 应当受理 并通知当事人 认为不符合受理条件的 应当书面通知当事人不予受理 并说明理由 Article 25 Upon acceptance of an arbitration application the arbitration commission shall within the time limit provided by the Arbitration Rules serve a copy of the Arbitration Rules and the list of arbitrators on the applicant and serve a copy of the arbitration application the Arbitration Rules and the list of arbitrators on the respondent Upon receipt of a copy of the arbitration application the respondent shall within the time limit prescribed by the Arbitration Rules submit its defence to the arbitration commission Upon receipt of the defence the arbitration commission shall within the time limit prescribed by the Arbitration Rules serve a copy of the reply on the applicant The failure of the respondent to submit a defence shall not affect the proceeding of the arbitration procedures 仲裁委员会受理仲裁申请后 应当在仲裁规则规定的期限内将仲裁规则和仲裁员名册送达申请人 并将仲裁申请书副本和仲裁规则 仲裁员名册送达被申请人 被申请人收到仲裁申请书副本后 应当在仲裁规则规定的期限内向仲裁委员会提交答辩书 仲裁委员会收到答辩书后 应当在仲裁规则规定的期限内将答辩书副本送达申请人 被申请人未提交答辩书的 不影响仲裁程序的进行 Article 26 Where the parties had agreed on an arbitration agreement but one of the parties initiates an action before a people s court without stating the existence of the arbitration agreement the people s court shall unless the arbitration agreement is invalid reject the action if the other party submits to the court the arbitration agreement before the first hearing of the case If the other party fails to object to the hearing by the people s court before the first hearing the arbitration agreement shall be considered to have been waived by the party and the people s court shall proceed with the hearing 当事人达成仲裁协议 一方向人民法院起诉未声明有仲裁协议 人民法院受理后 另一方在首次开庭前提交仲裁协议的 人民法院应当驳回起诉 但仲裁协议无效的除外 另一方在首次开庭前未对人民法院受理该案提出异议的 视为放弃仲裁协议 人民法院应当继续审理 Article 27 The applicant may abandon or alter his arbitration claim The respondent may accept the arbitration claim or object to it It has a right to make a counterclaim 申请人可以放弃或者变更仲裁请求 被申请人可以承认或者反驳仲裁请求 有权提出反请求 Article 28 A party may apply for property preservation if as the result of an act of the other party or for some other reasons it appears that an award may be impossible or difficult to enforce If one of the parties applies for property preservation the arbitration commission shall submit to a people s court the application of the party in accordance with the relevant provisions of the Civil Procedure Law If a property preservation order is unfounded the applicant shall compensate the party against whom the order was made for any losses sustained as a result of the implementation of the property preservation order 一方当事人因另一方当事人的行为或者其他原因 可能使裁决不能执行或者难以执行的 可以申请财产保全 当事人申请财产保全的 仲裁委员会应当将当事人的申请依照民事诉讼法的有关规定提交人民法院申请有错误的 申请人应当赔偿被申请人因财产保全所遭受的损失 Article 29 The parties and their legal representatives may appoint lawyers or engage agents to handle matters relating to the arbitration In the event that a lawyer or an agent is appointed to handle the arbitration matters a letter of authorization shall be submitted to the arbitration commission 当事人 法定代理人可以委托律师和其他代理人进行仲裁活动 委托律师和其他代理人进行仲裁活动的 应当向仲裁委员会提交授权委托书 Section 2 Composition of the Arbitration Tribunal 仲裁庭的组成 Article 30 An arbitration tribunal may comprise three arbitrators or one arbitrator If an arbitration tribunal comprises three arbitrators a presiding arbitrator shall be appointed 仲裁庭可以由三名仲裁员或者一名仲裁员组成 由三名仲裁员组成的 设首席仲裁员 Article 31 If the parties agree to form an arbitration tribunal comprising three arbitrators each party shall select or authorize the chairmen of the arbitration commission to appoint one arbitrator The third arbitrator shall be selected jointly by the parties or be nominated by the chairman of the arbitration commission in accordance with a joint mandate given by the parties The third arbitrator shall be the presiding arbitrator If the parties agree to have one arbitrator to form an arbitration tribunal the arbitrator shall be selected jointly by the parties or be nominated by the chairman of the arbitration commission in accordance with a joint mandate given by the parties 当事人约定由三名仲裁员组成仲裁庭的 应当各自选定或者各自委托仲裁委员会主任指定一名仲裁员 第三名仲裁员由当事人共同选定或者共同委托仲裁委员会主任指定 第三名仲裁员是首席仲裁员 当事人约定由一名仲裁员成立仲裁庭的 应当由当事人共同选定或者共同委托仲裁委员会主任指定仲裁员 Article 32 If the parties fail within the time limit prescribed by the Arbitration Rules to select the form of the constitution of the arbitration tribunal or fail to select the arbitrators the arbitrators shall be appointed by the chairman of the arbitration commission 当事人没有在仲裁规则规定的期限内约定仲裁庭的组成方式或者选定仲裁员的 由仲裁委员会主任指定 Article 33 After the arbitration tribunal is constituted the arbitration commission shall notify the parties in writing of the composition of the arbitration tribunal 仲裁庭组成后 仲裁委员会应当将仲裁庭的组成情况书面通知当事人 Article 34 In any of the following circumstances an arbitrator must withdraw from the arbitration and the parties shall have the right to apply for his withdrawal if he is a party or a close relative of a party or of a party s representative is related in the case has some other relationship with a party to the case or with a party s agent which could possibly affect the impartiality of the arbitration meets a party or his agent in private accepts an invitation for dinner by a party or his representative or accepts gifts presented by any of them 仲裁员有下列情形之一的 必须回避 当事人也有权提出回避申请 是本案当事人或者当事人 代理人的近亲属 与本案有利害关系 与本案当事人 代理人有其他关系 可能影响公正仲裁的 私自会见当事人 代理人 或者接受当事人 代理人的请客送礼的 Article 35 When applying for the withdrawal of an arbitrator the petitioning party shall state his reasons and submit a withdrawal application before the first hearing A withdrawal application may also be submitted before the conclusion of the last hearing if reasons for the withdrawal only became known after the start of the first hearing 当事人提出回避申请 应当说明理由 在首次开庭前提出 回避事由在首次开庭后知道的 可以在最后一次开庭终结前提出 Article 36 Whether an arbitrator is withdrawn or not shall be determined by the chairman of the arbitration commission If chairman is serving as an arbitrator the withdrawal or not shall be determined collectively by the arbitration commission 仲裁员是否回避 由仲裁委员会主任决定 仲裁委员会主任担任仲裁员时 由仲裁委员会集体决定 Article 37 If an arbitrator is unable to perform his duties as an arbitrator as a result of the withdrawal or any other reasons another arbitrator shall be selected or appointed in accordance with the provisions of this Law After a replaced arbitrator has been selected or appointed following the withdrawal of an arbitrator the parties may apply to resume the arbitration procedure The arbitration tribunal shall determine whether the resumption of the procedure may be allowed The arbitration tribunal may determine on its own whether the arbitration procedure shall be resumed 仲裁员因回避或者其他原因不能履行职责的 应当依照本法规定重新选定或者指定仲裁员 因回避而重新选定或者指定仲裁员后 当事人可以请求已进行的仲裁程序重新进行 是否准许 由仲裁庭决定 仲裁庭也可以自行决定已进行的仲裁程序是否重新进行 Article 38 An arbitrator involved in one of the circumstances described in Item 4 Article 34 if it is serious or those described in Item 6 Article 58 such arbitrator shall be legally liable in accordance with the law The arbitration commission shall remove his name from the list of arbitrators 仲裁员有本法第三十四条第四项规定的情形 情节严重的 或者有本法第五十八条第六项规定的情形的 应当依法承担法律责任 仲裁委员会应当将其除名 Section 3 Hearing and Arbitral Awards 开庭和裁决 Article 39 An arbitration tribunal shall hold a tribunal session to hear an arbitration case If the parties agree not to hold a hearing the arbitration tribunal may render an award in accordance with the arbitration application the defence statement and other documents 仲裁应当开庭进行 当事人协议不开庭的 仲裁庭可以根据仲裁申请书 答辩书以及其他材料作出裁决 Article 40 An arbitration shall not be conducted in public If the parties agree to a public hearing the arbitration may proceed in public except those concerning state secrets 仲裁不公开进行 当事人协议公开的 可以公开进行 但涉及国家秘密的除外 Article 41 The arbitration commission shall notify the two parties within the time limit provided by the Arbitration Rules of the date of the hearing Either party may request to postpone the hearing with in the time limit provided by the Arbitration Rules if there is a genuine reason The arbitration tribunal shall decide whether to postpone the hearing 仲裁委员会应当在仲裁规则规定的期限内将开庭日期通知双方当事人 当事人有正当理由的 可以在仲裁规则规定的期限内请求延期开庭 是否延期 由仲裁庭决定 Article 42 If the applicant for arbitration who has been given a notice in writing does not appear before the tribunal without good reasons or leaves the tribunal room during a hearing without the permission of the arbitration tribunal such applicant shall be deemed as having withdrawn his application If the party against whom the application was made was served with a notice in writing but does not appear before the tribunal without due reasons or leaves the tribunal room during a hearing without the permission of the arbitration tribunal an award by default may be given 申请人经书面通知 无正当理由不到庭或者未经仲裁庭许可中途退庭的 可以视为撤回仲裁申请 被申请人经书面通知 无正当理由不到庭或者未经仲裁庭许可中途退庭的 可以缺席裁决 Article 43 The parties shall produce evidence in support of their claims An arbitration tribunal may collect on its own evidence it considers necessary 当事人应当对自己的主张提供证据 仲裁庭认为有必要收集的证据 可以自行收集 Article 44 For specialized matters an arbitration tribunal may submit for appraisal to an appraisal organ agreed upon by the parties or to the appraisal organ appointed by the arbitration tribunal if it deems such appraisal to be necessary According to the claim of the parties or the request of the arbitration tribunal the appraisal organ shall appoint an appraiser to participate in the hearing Upon the permission of the arbitration tribunal the parties may question the appraiser 仲裁庭对专门性问题认为需要鉴定的 可以交由当事人约定的鉴定部门鉴定 也可以由仲裁庭指定的鉴定部门鉴定 根据当事人的请求或者仲裁庭的要求 鉴定部门应当派鉴定人参加开庭 当事人经仲裁庭许可 可以向鉴定人提问 Article 45 Any evidence shall be produced at the start of the hearing The parties may challenge the validity of such evidence 证据应当在开庭时出示 当事人可以质证 Article 46 In the event that the evidence might be destroyed or if it would be difficult to obtain the evidence later on the parties may apply for the evidence to be preserved If the parties apply for such preservation the arbitration commission shall submit the application to the basic level people s court of the place where the evidence is located 在证据可能灭失或者以后难以取得的情况下 当事人可以申请证据保全 当事人申请证据保全的 仲裁委员会应当将当事人的申请提交证据所在地的基层人民法院 Article 47 The parties have the right to argue during an arbitration procedure At the end of the debate the presiding arbitrator or the sole arbitrator shall ask for the final opinion of the parties 当事人在仲裁过程中有权进行辩论 辩论终结时 首席仲裁员或者独任仲裁员应当征询当事人的最后意见 Article 48 An arbitration tribunal shall make a written record of the hearing If the parties or other participants to the arbitration consider that the record has omitted a part of their statement or is incorrect in some other respect they shall have the right to request correction thereof If no correction is made the request for correction shall be noted in the written record The arbitrators recorder parties and other participants to the arbitration shall sign or affix their seals to the record 仲裁庭应当将开庭情况记入笔录 当事人和其他仲裁参与人认为对自己陈述的记录有遗漏或者差错的 有权申请补正 如果不予补正 应当记录该申请 笔录由仲裁员 记录人员 当事人和其他仲裁参与人签名或者盖章 Article 49 After the submission of an arbitration application the parties may settle the dispute among themselves through conciliation If a conciliation agreement has been reached the parties may apply to the arbitration tribunal for an award based on the conciliation agreement Then may also withdraw the arbitration application 当事人申请仲裁后 可以自行和解 达成和解协议的 可以请求仲裁庭根据和解协议作出裁决书 也可以撤回仲裁申请 Article 50 If the parties fall back on their words after the conclusion of a conciliation agreement and the withdrawal of the arbitration application application may be made for arbitration in accordance with the arbitration agreement 当事人达成和解协议 撤回仲裁申请后反悔的 可以根据仲裁协议申请仲裁 Article 51 Before giving an award an arbitration tribunal may first attempt to conciliate If the parties apply for conciliation voluntarily the arbitration tribunal shall conciliate If conciliation is unsuccessful an award shall be made promptly When a settlement agreement is reached by conciliation the arbitration tribunal shall prepare the conciliation statement or the award on the basis of the results of the settlement agreement A conciliation statement shall have the same legal force as that of an award 仲裁庭在作出裁决前 可以先行调解 当事人自愿调解的 仲裁庭应当调解 调解不成的 应当及时作出裁决 调解达成协议的 仲裁庭应当制作调解书或者根据协议的结果制作裁决书 调解书与裁决书具有同等法律效力 Article 52 A conciliation statement shall set forth the arbitration claims andthe results of the agreement between the parties The conciliation statement shall be signed by the arbitrators sealed by the arbitration commission and served on both parties A conciliation statement shall have legal effect once signed and accepted by the parties If the parties fall back on their words before the conciliation statement is singed and accepted by them an award shall be made by the arbitration tribunal promptly 调解书应当写明仲裁请求和当事人协议的结果 调解书由仲裁员签名 加盖仲裁委员会印章 送达双方当事人 调解书经双方当事人签收后 即发生法律效力 在调解书签收前当事人反悔的 仲裁庭应当及时作出裁决 Article 53 An award shall be based on the opinion of the majority arbitrators The opinion of the minority arbitrators shall be recorded in writing If an opinion of the minority arbitrators shall be recorded in writing If an opinion of the majority arbitrators can not be constituted at the tribunal the award shall be given according to the opinion of the presiding arbitrator 裁决应当按照多数仲裁员的意见作出 少数仲裁员的不同意见可以记入笔录 仲裁庭不能形成多数意见时 裁决应当按照首席仲裁员的意见作出 Article 54 The arbitration claims the matters in dispute the grounds upon which an award is given the results of the judgment the responsibility for the arbitration fees and the date of the award shall be set forth in the award If the parties agree not to include in the award the matters in dispute and the grounds on which the award is based such matters may not be stated in the award The award shall be signed by the arbitrators and sealed by the arbitration commission The arbitrator who disagrees with the award may select to sign or not to sign it 裁决书应当写明仲裁请求 争议事实 裁决理由 裁决结果 仲裁费用的负担和裁决日期 当事人协议不愿写明争议事实和裁决理由的 可以不写 裁决书由仲裁员签名 加盖仲裁委员会印章 对裁决持不同意见的仲裁员 可以签名 也可以不签名 Article 55 During the course of arbitration by an arbitration tribunal where a part of facts has been made clear a partial award may first be given in relation to that part 仲裁庭仲裁纠纷时 其中一部分事实已经清楚 可以就该部分先行裁决 Article 56 The parties may within 30 days of the receipt of the award request the arbitration tribunal to correct any typographical errors calculation errors or matters which had been awarded but omitted in the award 对裁决书中的文字 计算错误或者仲裁庭已经裁决但在裁决书中遗漏的事项 仲裁庭应当补正 当事人自收到裁决书之日起三十日内 可以请求仲裁庭补正 Article 57 An award shall be legally effective on the date it is given 裁决书自作出之日起发生法律效力 Chapter V Application for Cancellation of an Award 申请撤销裁决 Article 58 The parties may apply to the intermediate people s court at the place where the arbitration commission is located for cancellation of an award if they provide evidence proving that the award involves one of the following circumstances there is no arbitration agreement between the parties the matters of the award are beyond the extent of the arbitration agreement or not within the jurisdiction of the arbitration commission the composition of the arbitration tribunal or the arbitration procedure is in contrary to the legal procedure the evidence on which the award is based is falsified the other party has concealed evidence which is sufficient to affect the impartiality of the award and the arbitrator s has have demanded or accepted bribes committed graft or perverted the law in making the arbitral award The peoples court shall rule to cancel the award if the existence of one of the circumstances prescribed in the preceding clause is confirmed by its collegiate bench The people s court shall rule to cancel the award if it holds that the award is contrary to the social and public interests 当事人提出证据证明裁决有下列情形之一的 可以向仲裁委员会所在地的中级人民法院申请撤销裁决 没有仲裁协议的 裁决的事项不属于仲裁协议的范围或者仲裁委员会无权仲裁的 仲裁庭的组成或者仲裁的程序违反法定程序的 裁决所根据的证据是伪造的 对方当事人隐瞒了足以影响公正裁决的证据的 仲裁员在仲裁该案时有索贿受贿 徇私舞弊 枉法裁决行为的 人民法院经组成合议庭审查核实裁决有前款规定情形之一的 应当裁定撤销 人民法院认定该裁决违背社会公共利益的 应当裁定撤销 Article 59 If a party applies for cancellation of an award an application shall be submitted within 6 months after receipt of the award 当事人申请撤销裁决的 应当自收到裁决书之日起六个月内提出 Article 60 The people s court shall within 2 months after receipt of the application for cancellation of an award render its decision for cancellation of the award or for rejection of the application 人民法院应当在受理撤销裁决申请之日起两个月内作出撤销裁决或者驳回申请的裁定 Article 61 If the people s court holds that the case may be re arbitrated by the arbitration tribunal after receipt of the application for cancellation of an award the court shall inform the arbitration tribunal of re arbitrating the case within a certain period of time and rule to suspend the cancellation procedure If the arbitration tribunal refuses to re arbitrate the people s court shall rule to resume the cancellation procedure 人民法院受理撤销裁决的申请后 认为可以由仲裁庭重新仲裁的 通知仲裁庭在一定期限内重新仲裁 并裁定中止撤销程序 仲裁庭拒绝重新仲裁的 人民法院应当裁定恢复撤销程序 Chapter VI Enforcement 执行 Article 62 The parties shall execute an arbitration award If one party fails to execute the award the other party may apply to a people s court for enforcement in accordance with the relevant provisions of the Civil Procedure Law and the court shall enforce the award 当事人应当履行裁决 一方当事人不履行的 另一方当事人可以依照民事诉讼法的有关规定向人民法院申请执行 受申请的人民法院应当执行 Article 63 A people s court shall after examination and verification by its collegiate bench rule not to enforce an award if the party against whom an application for enforcement is made provides evidence proving that the award involves one of the circumstances prescribed in Clause 2 Article 217 of the Civil procedure Law 被申请人提出证据证明裁决有民事诉讼法第二百一十七条第二款规定的情形之一的 经人民 法院组成合议庭审查核实 裁定不予执行 Article 64 If one party applies for enforcement of an award while the other party applies for cancellation of the award the people s court receiving such application shall rule to suspend enforcement of the award If a people s court rules to cancel an award it shall rule to terminate enforcement If the people s court overrules the application for cancellation of an award it shall rule to resume enforcement 一方当事人申请执行裁决 另一方当事人申请撤销裁决的 人民法院应当裁定中止执行 人民法院裁定撤销裁决的 应当裁定终结执行 撤销裁决的申请被裁定驳回的 人民法院应当裁定恢复执行 Chapter VII Special provisions on Foreign Related Arbitration 涉外仲裁的特别规定 Article 65 The provisions of this Chapter shall apply to all arbitration of disputes arising from foreign economic trade transportation or maritime matters In the absence of provisions in this Chapter other relevant provisions of this Law shall apply 涉外经济贸易 运输和海事中发生的纠纷的仲裁 适用本章规定 本章没有规定的 适用本 法其他有关规定 Article 66 A foreign arbitration commission may be organized and established by the China International Chamber of Commerce A foreign arbitration commission shall comprise one chairman several vice chairmen and several committee members The chairman vice chairmen and committee members may be appointed by the China International Chamber of Commerce 涉外仲裁委员会可以由中国国际商会组织设立 涉外仲裁委员会由主任一人 副主任若干人和委员若干人组成 涉外仲裁委员会的主任 副主任和委员可以由中国国际商会聘任 Article 67 A foreign arbitration commission may appoint foreigners with professional knowledge in such fields as law economic and trade science and technology as arbitrators 涉外仲裁委员会可以从具有法律 经济贸易 科学技术等专门知识的外籍人士中聘任仲裁员 Article 68 If the parties to a foreign related arbitration apply for evidence preservation the foreign arbitration commission shall submit their applications to the intermediate people s court in the place where the evidence is located 涉外仲裁的当事人申请证据保全的 涉外仲裁委员会应当将当事人的申请提交证据所在地的中级人民法院 Article 69 The arbitration tribunal of a foreign arbitration commission may record the details of the hearing in writing or record the essentials of the hearing in writing The written record of the essentials shall be signed or sealed by the parties and other participants in the arbitration 涉外仲裁的仲裁庭可以将开庭情况记入笔录 或者作出笔录要点 笔录要点可以由当事人和其他仲裁参与人签字或者盖章 Article 70 A people s court shall after examination and verification by its collegiate bench rule to cancel an award if a party

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  • Arbitration Chambers
    parties Where there are more than one common candidate in the lists the Chairman of the CIETAC shall choose a presiding arbitrator from among the common candidates based on the specific nature and circumstances of the case who shall act as the presiding arbitrator jointly appointed by the parties Where there is no common candidate in the lists the presiding arbitrator shall be appointed by the Chairman of the CIETAC from outside of the lists of recommended candidates Where the parties have failed to jointly appoint the presiding arbitrator according to the above provisions the presiding arbitrator shall be appointed by the Chairman of the CIETAC Article 23 Sole Arbitrator Where the arbitral tribunal is composed of one arbitrator the sole arbitrator shall be appointed pursuant to the procedure stipulated in Paragraphs 2 3 and 4 of Article 22 Article 24 Multi Party Where there are two or more Claimants and or Respondents in an arbitration case the Claimant side and or the Respondent side each shall through consultation jointly appoint or jointly entrust the Chairman of the CIETAC to appoint one arbitrator from the CIETAC s Panel of Arbitrators Where the Claimant side and or the Respondent side fail to jointly appoint or jointly entrust the Chairman of the CIETAC to appoint one arbitrator within fifteen 15 days from the date of receipt of the Notice of Arbitration the arbitrator shall be appointed by the Chairman of the CIETAC The presiding arbitrator or the sole arbitrator shall be appointed in accordance with the procedure stipulated in Paragraphs 2 3 and 4 of Article 22 When appointing the presiding arbitrator or the sole arbitrator pursuant to Paragraph 3 of Article 22 the Claimant side and or the Respondent side each shall through consultation submit a list of their jointly agreed candidates to the CIETAC Article 25 Disclosure An arbitrator appointed by the parties or by the Chairman of the CIETAC shall sign a Declaration and disclose to the CIETAC in writing any facts or circumstances likely to give rise to justifiable doubts as to his her impartiality or independence If circumstances that need to be disclosed arise during the arbitral proceedings the arbitrator shall promptly disclose such circumstances in writing to the CIETAC The CIETAC shall communicate the Declaration and or the disclosure of the arbitrator to the parties Article 26 Challenge of Arbitrators Upon receipt of the Declaration and or written disclosure of an arbitrator communicated by the CIETAC a party who intends to challenge the arbitrator on the grounds of the facts or circumstances disclosed by the arbitrator shall forward the challenge in writing to the CIETAC within ten 10 days from the date of such receipt If a party fails to file a challenge within the above time limit it shall not challenge an arbitrator later on the basis of matters disclosed by the arbitrator A party who has justifiable doubts as to the impartiality or independence of an appointed arbitrator may make a request in writing to the CIETAC for that arbitrator s withdrawal In the request the facts and reasons on which the request is based shall be stated with supporting evidence A party may challenge an arbitrator in writing within fifteen 15 days from the date of its receipt of the Notice of Formation of the Arbitral Tribunal Where a party becomes aware of the reasons for a challenge after the said receipt the party may challenge the arbitrator in writing within fifteen 15 days after such reasons become known but no later than the conclusion of the last oral hearing The CIETAC shall promptly communicate the challenge to the other party the arbitrator being challenged and the other members of the arbitral tribunal Where an arbitrator is challenged by one party and the other party agrees to the challenge or the arbitrator being challenged withdraws from his her office such arbitrator shall no longer be on the arbitral tribunal Neither case implies that the challenge made by the party is sustainable In circumstances other than those specified in Paragraph 5 the Chairman of the CIETAC shall make a final decision on the challenge with or without stating the reasons therefor An arbitrator who has been challenged shall continue to fulfill the functions of arbitrator until a decision on the challenge has been made by the Chairman of the CIETAC Article 27 Replacement of Arbitrator In the event that an arbitrator is prevented de jure or de facto from fulfilling his her functions or he she fails to fulfill his her functions in accordance with the requirements of these Rules or within the time period specified in these Rules the Chairman of the CIETAC shall have the power to decide whether the arbitrator shall be replaced The arbitrator may also withdraw form his her office In the event that an arbitrator is unable to fulfill his her functions owing to his her demise removal from the CIETAC s Panel of Arbitrators withdrawal resignation or any other reasons a substitute arbitrator shall be appointed within a time period specified by the CIETAC pursuant to the procedure applied to the appointment of the arbitrator being replaced After the replacement of the arbitrator the arbitral tribunal shall decide whether the whole or a part of the previous proceedings of the case shall be repeated The Chairman of the CIETAC shall make a final decision on whether an arbitrator should be replaced or not with or without stating the reasons therefor Article 28 Majority to Continue Arbitration In the event that after the conclusion of the last oral hearing an arbitrator on a three member arbitral tribunal is unable to participate in the deliberation and or render the award owing to his her demise or removal from the CIETAC s Panel of Arbitrators the other two arbitrators may request the Chairman of the CIETAC to replace the arbitrator pursuant to Article 27 After consulting with the parties and upon the approval of the Chairman of the CIETAC the other two arbitrators may continue the arbitration and make decisions rulings or the award The Secretariat of the CIETAC shall notify the parties of the above circumstances Section 3 Hearing Article 29 Conduct of Hearing The arbitral tribunal shall examine the case in any way that it deems appropriate unless otherwise agreed by the parties Under any circumstance the arbitral tribunal shall act impartially and fairly and shall afford reasonable opportunities to all parties for presentations and debates The arbitral tribunal shall hold oral hearings when examining the case However oral hearings may be omitted and the case shall be examined on the basis of documents only if the parties so request or agree and the arbitral tribunal also deems that oral hearings are unnecessary Unless otherwise agreed by the parties the arbitral tribunal may adopt an inquisitorial or adversarial approach when examining the case having regard to the circumstances of the case The arbitral tribunal may hold deliberation at any place or in any manner that it considers appropriate The arbitral tribunal may if it considers it necessary issue procedural directions and lists of questions hold pre hearing meetings and preliminary hearings and produce terms of reference etc unless otherwise agreed by the parties Article 30 Notice of Oral Hearings The date of the first oral hearing shall be fixed by the arbitral tribunal and notified to the parties by the Secretariat of the CIETAC at least twenty 20 days in advance of the oral hearing date A party having justified reasons may request a postponement of the oral hearing However such request must be communicated to the arbitral tribunal at least ten 10 days in advance of the oral hearing date The arbitral tribunal shall decide whether to postpone the oral hearing or not A notice of oral hearing subsequent to the first oral hearing and a notice of a postponed oral hearing shall not be subject to the twenty 20 day time limit provided for in the foregoing paragraph Article 31 Place of Arbitration Where the parties have agreed on the place of arbitration in writing the parties agreement shall prevail Where the parties have not agreed on the place of arbitration the place of arbitration shall be the domicile of the CIETAC or its Sub Commission The arbitral award shall be deemed as being made at the place of arbitration Article 32 Place of Oral Hearing Where the parties have agreed on the place of oral hearings the case shall be heard at that agreed place except for circumstances stipulated in Paragraph 3 of Article 69 of these Rules Unless the parties agree otherwise a case accepted by the CIETAC shall be heard in Beijing or if the arbitral tribunal considers it necessary at other places with the approval of the Secretary General of the CIETAC A case accepted by a Sub Commission of the CIETAC shall be heard at the place where the Sub Commission is located or if the arbitral tribunal considers it necessary at other places with the approval of the Secretary General of the Sub Commission Article 33 Confidentiality Hearings shall be held in camera Where both parties request an open hearing the arbitral tribunal shall make a decision For cases heard in camera the parties their representatives witnesses interpreters arbitrators experts consulted by the arbitral tribunal and appraisers appointed by the arbitral tribunal and the relevant staff members of the Secretariat of the CIETAC shall not disclose to any outsiders any substantive or procedural matters of the case Article 34 Default If the Claimant fails to appear at an oral hearing without showing sufficient cause for such failure or withdraws from an on going oral hearing without the permission of the arbitral tribunal the Claimant may be deemed to have withdrawn its Request for Arbitration In such a case if the Respondent has filed a counterclaim the arbitral tribunal shall proceed with the hearing of the counterclaim and make a default award If the Respondent fails to appear at an oral hearing without showing sufficient cause for such failure or withdraws from an on going oral hearing without the permission of the arbitral tribunal the arbitral tribunal may proceed with the arbitration and make a default award In such a case if the Respondent has filed a counterclaim the Respondent may be deemed to have withdrawn its counterclaim Article 35 Record of Oral Hearing During the oral hearing the arbitral tribunal may arrange a stenographic and or audio visual record The arbitral tribunal may when it considers it necessary take minutes stating the main points of the oral hearing and request the parties and or their representatives witnesses and or other persons involved to sign and or affix their seals to the minutes The stenographic and or audio visual record of the oral hearing shall be available for the use and reference by the arbitral tribunal Article 36 Evidence Each party shall have the burden of proving the facts relied on to support its claim defense or counterclaim The arbitral tribunal may specify a time period for the parties to produce evidence and the parties shall produce evidence within the specified time period The arbitral tribunal may refuse to admit any evidence produced beyond the period If a party has difficulties to produce evidence within the specified time period it may apply for an extension before the expiration of the period The arbitral tribunal shall decide whether or not to extend the time period If a party having the burden of proof fails to produce evidence within the specified time period or the produced evidence is not sufficient to support its claim or counterclaim it shall bear the consequences thereof Article 37 Investigation by the Arbitral Tribunal The arbitral tribunal may on its own initiative undertake investigations and collect evidence as it considers necessary When investigating and collecting evidence by itself the arbitral tribunal shall promptly notify the parties to be present at such investigation if it considers it necessary In the event that one or both parties fail to be present the investigation and collection shall proceed without being affected The arbitral tribunal shall through the Secretariat of the CIETAC transmit the evidence collected by itself to the parties and afford them an opportunity to comment Article 38 Expert s Report and Appraiser s Report The arbitral tribunal may consult or appoint experts and appraisers for clarification on specific issues of a case Such an expert or appraiser may either be a Chinese or foreign organization or citizen The arbitral tribunal has the power to request the parties to deliver or produce to the expert or appraiser any relevant materials documents or property and goods for checking inspection and or appraisal The parties shall be obliged to comply Copies of the expert s report and the appraiser s report shall be communicated to the parties who shall be given an opportunity to comment on the report At the request of either party and with the approval of the arbitral tribunal the expert and appraiser may be heard at an oral hearing where if considered necessary and appropriate by the arbitral tribunal they may give explanations on their reports Article 39 Examination of Evidence All evidence submitted by a party shall be filed with the Secretariat of the CIETAC for transmission to the other party Where a case is examined by way of an oral hearing the evidence shall be exhibited at the hearing and examined by the parties In the event that evidence is submitted after the hearing and the arbitral tribunal decides to admit the evidence without holding further hearings the arbitral tribunal may require the parties to submit their opinions thereon in writing within a specified time period Article 40 Combination of Conciliation with Arbitration Where the parties have reached a settlement agreement by themselves through negotiation or conciliation without involving the CIETAC either party may based on an arbitration agreement concluded between them that provides for arbitration by the CIETAC and the settlement agreement request the CIETAC to constitute an arbitral tribunal to render an arbitral award in accordance with the terms of the settlement agreement Unless the parties agree otherwise the Chairman of the CIETAC shall appoint a sole arbitrator to form such arbitral tribunal which shall examine the case in the procedure it considers appropriate and render an award in due course The specific procedure and the time limit for rendering the award shall not be subject to other provisions of these Rules Where both parties have the desire for conciliation or one party so desires and the other party agrees when approached by the arbitral tribunal the arbitral tribunal may conciliate the case during the course of the arbitration proceedings The arbitral tribunal may conciliate the case in the manner it considers appropriate The arbitral tribunal shall terminate the conciliation and continue the arbitration proceedings if one of the parties requests a termination of the conciliation or if the arbitral tribunal believes that further efforts to conciliate will be futile A settlement agreement reached between the parties during the course of conciliation by the arbitral tribunal but without the involvement of the arbitral tribunal shall be deemed as one reached through the conciliation by the arbitral tribunal Where settlement is reached through conciliation by the arbitral tribunal the parties shall sign a written settlement agreement Unless otherwise agreed by the parties the arbitral tribunal will close the case and render an arbitral award in accordance with the terms of the settlement agreement Where conciliation fails the arbitral tribunal shall proceed with the arbitration and render an arbitral award Where conciliation fails any opinion view or statement and any proposal or proposition expressing acceptance or opposition by either party or by the arbitral tribunal in the process of conciliation shall not be invoked as grounds for any claim defense or counterclaim in the subsequent arbitration proceedings judicial proceedings or any other proceedings Article 41 Withdrawal and Dismissal A party may file a request with the CIETAC to withdraw its claim or counterclaim in its entirety In the event that the Claimant withdraws its claim in its entirety the arbitral tribunal shall proceed with its examination of the counterclaim and render an arbitral award thereon In the event that the Respondent withdraws its counterclaim in its entirety the arbitral tribunal shall proceed with the examination of the claim and render an arbitral award thereon Where a case is to be dismissed before the formation of the arbitral tribunal the decision shall be made by the Secretary General of the CIETAC Where the case is to be dismissed after the formation of the arbitral tribunal the decision shall be made by the arbitral tribunal IWhere a party files with the CIETAC a request for arbitration for a claim which has been withdrawn the CIETAC shall decide whether or not to accept the request anew Chapter III Arbitral Award Article 42 Time Limits The arbitral tribunal shall render an arbitral award within six 6 months as from the date on which the arbitral tribunal is formed Upon the request of the arbitral tribunal the Chairman of the CIETAC may extend said time period if he she considers it truly necessary and the reasons for the extension truly justified Article 43 Making Award The arbitral tribunal shall independently and impartially make its arbitral award on the basis of the facts in accordance with the law and the terms of the contracts with reference to international practices and in compliance with the principle of fairness and reasonableness The arbitral tribunal shall state in the award the claims the facts of the dispute the reasons on which the award is based the result of the award the allocation of the arbitration costs and the date on which and the place at which the award is made The facts of the dispute and the reasons on which the award is based may not be stated in the award if the parties have

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  • Arbitration Chambers
    two arbitrators to elect and appoint a third arbitrator The third arbitrator contemplated by paragraph 1 shall be appointed as the chair of the arbitration tribunal If within no more than thirty 30 days after notification is received by the Respondent as contemplated in Article 8 paragraph 1 one of the parties has failed to appoint a person as member of the arbitration panel the arbitrator chosen by the other party shall act as sole arbitrator and his her award shall be binding upon both parties In the event the two arbitrators appointed by the parties as contemplated in paragraph 1 do not succeed in appointing a third arbitrator within fourteen 14 days after the last arbitrator was appointed then at the request of one of the parties the Chief Judge of the District Court may appoint the third arbitrator No attempt may be made to nullify the appointment of an arbitrator made by the Chief Judge of the District Court as contemplated in paragraph 4 Article 16 An arbitrator appointed or designated may accept or refuse the appointment or nomination The parties must be advised by the arbitrator s in writing of the acceptance or rejection of the appointment as contemplated in paragraph 1 within fourteen 14 days from the date of the appointment or designation Article 17 By the appointment of one or more arbitrators by the parties in writing and the acceptance in writing of the appointment by the arbitrator s there is a civil contract between the appointing parties and the arbitrator s accepting the appointment The appointment contemplated in paragraph 1 shall have the effect that the arbitrator or arbitrators will render an award fairly justly and in accordance with the prevailing stipulations of law and contract and the parties will accept such award as final and binding as mutually agreed Article 18 A prospective arbitrator asked by one of the parties to sit on the arbitration panel shall be obliged to advise the parties of any matter which could influence his independence or give rise to bias in the rendering of the award Anyone accepting an appointment as arbitrator as contemplated in paragraph 1 shall inform the parties of his appointment Article 19 In the event that an arbitrator states his her acceptance of the appointment or designation as contemplated in Article 16 the arbitrator concerned may not withdraw his her acceptance except with the approval of the parties In the event the arbitrator contemplated in paragraph 1 who has accepted the appointment or designation wishes to withdraw such arbitrator shall submit a written request to the parties In the event the parties may consent to the request to withdraw contemplated in paragraph 2 the arbitrator concerned may be released from his her duties as arbitrator In the event the request for withdrawal does not receive the consent of the parties the Chief Judge of the District Court may release such release of the arbitrator from his her duties Article 20 In the event an arbitrator or arbitration panel without valid reason fails to render its an award within the period specified such arbitrator s may be ordered to pay to the parties compensation for the costs and losses caused by the delay Article 21 The arbitrator or arbitration tribunal may not be held legally responsible for any action taken during the proceedings to carry out the function of arbitrator or arbitration tribunal unless it is proved that there was bad faith in the action Third Part Right of Recusal Article 22 A demand for recusal may be submitted against an arbitrator if there is found sufficient cause and authentic evidence to give rise to doubt that such arbitrator will not perform his her duties independently or will be biased in rendering an award Request for recusal of an arbitrator may also be made if it is proven that there is any familial financial or employment relationship with one of the parties or its respective legal representatives Article 23 Application for recusal of an arbitrator appointed by the President of a District Court shall be submitted to the District Court concerned Application for recusal of a sole arbitrator shall be submitted to the arbitrator concerned Application for recusal of a member of an arbitration tribunal shall be submitted to the arbitration tribunal concerned Article 24 An arbitrator who was not appointed by the Court may only be recused for a reason which become known to the party applying for such recusal after the appointment of the arbitrator concerned An arbitrator appointed by the Court may only be recused for a reason which became known to the Court after acceptance of such appointment The party objecting to the appointment of an arbitrator made by the other party must submit its demand for recusal within fourteen 14 days after the appointment In the event that matters as contemplated in Article 22 paragraphs 1 and 2 become known at a later date the request for recusal must be submitted not more than fourteen 14 days after such matters become known The demand for recusal must be submitted in writing either to the other party or to the arbitrator concerned stating the reason for the demand In the event the demand for recusal submitted by one of the parties is consented to by the other party the arbitrator concerned must resign and a replacement arbitrator shall be appointed in accordance with the procedures set out in this Act Article 25 In the event the request for recusal submitted by one of the parties is not consented to by the other party and the arbitrator concerned is unwilling to resign the party concerned may submit its request for recusal to the Chief Judge of the District Court whose decision on the matter shall bind the two parties and shall not be subject to appeal In the event the Chief Judge of the District Court decides that the request for recusal contemplated in paragraph 1 is well founded a replacement arbitrator shall be appointed in the manner applied to the appointment of the arbitrator to be replaced In the event the Chief Judge of the District Court rejects the demand for recusal the arbitrator shall continue to perform his her duties Article 26 An arbitrator s authority shall not be nullified by the death of the arbitrator and the authority shall thereupon be continued by a successor arbitrator appointed in accordance with this Act An arbitrator may be dismissed from his her mandate in the event that he she is shown to be biased or demonstrates disgraceful conduct which must be legally proven In the event that during hearing of the dispute an arbitrator dies is incapacitated or resigns and so is unable to meet his her obligations a replacement arbitrator shall be appointed in the manner applicable to the appointment of the arbitrator concerned In the event a sole arbitrator or the chair of the arbitration tribunal is replaced all hearings previously held shall be repeated In the event a member of the arbitration tribunal replaced the hearing of the dispute shall only be repeated among the arbitrators themselves CHAPTER IV PROCEDURES APPLICABLE BEFORE THE ARBITRATION TRIBUNAL First Part Arbitration Procedures Article 27 All hearings of arbitration disputes shall be closed to the public Article 28 The language to be used in all arbitration proceedings is Indonesian except that the parties may choose another language to be used subject to consent of the arbitrator or arbitration tribunal Article 29 The parties in dispute shall have the same right and opportunity to put forward their respective opinions The parties in dispute may be represented by counsel pursuant to special power of attorney Article 30 Third parties outside the arbitration agreement may participate and join themselves into the arbitral process if they have related interests and their participation is agreed to by the parties in dispute and by the arbitrator or arbitration tribunal hearing the dispute Article 31 The parties are free to determine in an explicit written agreement the arbitration procedures to be applied in hearing the dispute provided this does not conflict with the provisions of this Act In the event that the parties do not themselves determine the procedures to be applied and the arbitrator or arbitration tribunal has been constituted in accordance with Articles 12 13 and 14 all disputes which have been so referred to the arbitrator or arbitration tribunal shall be heard and decided upon in accordance with the provisions in this Act In the event the parties have chosen an arbitration procedure as contemplated in paragraph 1 the time frame and venue of the arbitration must be agreed upon and if these have not been so determined by the parties they shall be decided upon by the arbitrator or arbitration tribunal Article 32 At the request of one of the parties the arbitrator or arbitration tribunal may make a provisional award or other interlocutory decision to regulate the manner of running the examination of the dispute including decreeing a security attachment ordering the deposit of goods with third parties or the sale of perishable goods The period of implementation of the provisional award or other interlocutory decision contemplated in paragraph 1 shall not be counted into the period contemplated in Article 48 Article 33 The arbitrator or arbitration tribunal has the authority to extend its term of office if a request is made by one of the parties in specific special circumstances as result of a provisional award or other interlocutory ruling being made or if it is deemed necessary by the arbitrator or arbitration tribunal in the interests of the hearing Article 34 Resolution of a dispute through arbitration may be referred to a national or international arbitration institution if so agreed upon by of the parties Resolution of a dispute through institutional arbitration as contemplated in paragraph 1 shall be done according to the rules and procedures of such designated institution except to the extent otherwise agreed upon by the parties Article 35 The arbitrator or arbitration tribunal may order that any document or evidence be accompanied by a translation into such language as determined on by the arbitrator or arbitration tribunal Article 36 The arbitral hearings of the dispute shall be done by written documents Verbal hearings may be conducted with the approval of the parties concerned or if deemed necessary by the arbitrator or arbitration tribunal Article 37 Unless the parties have themselves determined the venue of the arbitration the same shall be determined by the arbitrator or arbitration tribunal The arbitrator or arbitration tribunal may hear witness testimony or hold meetings if deemed necessary at a place or places outside the place where the arbitration is being held Examination of witnesses and expert witnesses before the arbitrator or arbitration tribunal shall be carried out on accordance with the provisions of the Code of Civil Procedure The arbitrator or arbitration tribunal may conduct examination of property in dispute or of same other matter connected with the dispute at the location of such property If such is deemed necessary the parties shall be properly summoned so that they may also be present at such examination Article 38 The Claimant shall submit its statement claim to the arbitrator or arbitration tribunal within the period of time as determined by the arbitrator or arbitration tribunal The statement of claim shall contain at the least The full name and residence or domicile of the parties A short description of the dispute accompanied by evidence and Clear contents of the claim being asserted Article 39 After receiving the statement of claim from the Claimant the arbitrator or the chair of the arbitration tribunal shall forward a copy of such claim to the Respondent accompanied by an order that the Respondent must file its response in writing within a period of not more than fourteen 14 days as from Respondent s receipt of the copy of Claimant s claim Article 40 Immediately upon receipt of the response from the Respondent the arbitrator or the chair of the arbitration tribunal shall provide a copy of thereof to the Claimant At the same time the arbitrator or chair of the arbitration tribunal shall order the parties or their representatives to appear at an arbitration hearing fixed for no more than fourteen 14 days from the issuance of the order Article 41 In the event that the Respondent has not responded to Claimant s claim within the fourteen 14 day period contemplated in Article 39 the Respondent shall be summoned to a hearing pursuant to the provisions set out in Article 40 paragraph 2 Article 42 In the response or no later than the first hearing the Respondent may submit a counterclaim and the Claimant shall be given an opportunity to respond thereto Any counterclaim as contemplated in paragraph 1 shall be heard and decided upon by the arbitrator or arbitration tribunal together with the main dispute Article 43 If on the day determined as contemplated in Article 40 paragraph 2 the Claimant for no good reason does not appear after being duly summoned the statement of claim shall be declared null and void and the mandate of the arbitrator or arbitration tribunal deemed to have been completed Article 44 If on the day determined pursuant to Article 40 paragraph 2 the Respondent for no good reason does not appear but has been duly summoned the arbitrator or arbitration tribunal shall immediately summon the Respondent again If the Respondent for no good reason still does not appear at the hearing within ten 10 days after receipt by it of the second summons the hearing shall continue without the presence of the Respondent and the Claimant s claim shall be granted as a whole unless the claim is unfounded or contrary to law Article 45 In the event that the parties appear on the day determined the arbitrator or arbitration tribunal shall first endeavour to encourage an amicable settlement between the disputing parties In the event such attempt at amicable settlement as contemplated in paragraph 1 Is successful the arbitrator or arbitration tribunal shall draw up a deed setting out such amicable settlement which deed shall be binding on both parties and shall order the parties to comply with the terms of such amicable settlement Article 46 The hearing s on the merits of the dispute shall proceed if the attempt at amicable settlement as contemplated in Article 45 paragraph 1 should not prove successful The parties shall be afforded a final opportunity to explain in writing their respective positions and to submit evidence deemed necessary to support such position within such time limitation as shall be determined by the arbitrator or arbitration tribunal The arbitrator or arbitration tribunal shall be empowered to require the parties to provide such supplementary written submissions of explanations documentary or other evidence as may be deemed necessary within such time limitation as shall be determined by the arbitrator or arbitration tribunal Article 47 Before there has been any response from the Respondent the Claimant shall be entitled to withdraw its request for dispute resolution by arbitration In the event that there has already been a response from the Respondent any amendment or supplement to the Claimant s statement of claim shall be allowed only upon the consent of the Respondent and any such amendment or supplement may only involve matters of fact and not the legal basis of the claim Article 48 The hearings on the dispute must be completed within not more than one hundred eighty 180 days from the formulation of the arbitral panel Such time limitation may be extended upon consent of the parties or if required in accordance with the provisions of Article 33 hereof Second Part Witnesses and Expert Witnesses Article 49 Upon the order of the arbitrator or arbitration tribunal or at the request of the parties one or more witnesses or expert witnesses may be summoned to give testimony The costs of summoning such witnesses or expert witnesses and their travel expenses shall be borne by the party requesting such testimony Any such witnesses or expert witnesses shall testify upon oath given prior to such testimony Article 50 The arbitrator or arbitration tribunal may request the assistance of one or more expert witnesses to provide a written report concerning any specific matter relating to the merits of the dispute The parties shall be required to provide all details and information that may be deemed necessary by such expert witnesses The arbitrator or arbitration tribunal shall provide copies of any report provided by such expert witnesses to the parties in order to allow the parties to respond in writing In the event that any matters opined upon by any such expert witness is insufficiently clear upon request of either of the parties such expert witness may be requested to give testimony in a hearing before the arbitrator s and the parties or their legal representatives Article 51 Minutes of the hearings and examination of witnesses shall be drawn up by a secretary and shall cover all activities in the examination and arbitration hearings CHAPTER V OPINION AND ARBITRAL AWARD Article 52 The parties to an agreement have the right to request a binding opinion from an arbitration institution concerning any particular legal point or points contained in or concerning their agreement Article 53 No appeal whatsoever may be filed against any binding opinion as contemplated in Article 52 Article 54 An arbitration award must contain A heading to the award containing the words Demi Keadilan Berdasarkan Ketuhanan Yang Maha Esa for the sake of Justice based on belief in the Almighty God The full name and addresses of the disputing parties A brief description of the matter in dispute The respective position of each of the parties The full names and addresses of the arbitrators The considerations and conclusions of the arbitrator or arbitration tribunal concerning the dispute as a whole The opinion of each arbitrator in the

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