中国国际经济贸易仲裁委员会仲裁规则（英文版）China International Economic and
Trade Arbitration Commission (CIETAC) Arbitration Rules
China International Economic and Trade Arbitration Commission (CIETAC)
Arbitration Rules - 1995
(Revised and adopted by China Chamber of International Commerce on
September 4, 1995, effective as from October 1, 1995)
Contents
Chapter I General Provisions
Chapter II Arbitration Proceedings
Chapter III Summary Procedure
Chapter IV Supplementary Provisions
Chapter I General Provisions
Section 1 Jurisdiction
Article 1 These Rules are formulated in accordance with the Arbitration
Law of the People\'s Republic of China and the provisions of the relevant
laws and pursuant to the "Decision" of the former Government
Administration Council of the Central People\'s Government and the
"Notice" and "Official Reply" of the State Council.
Article 2 China International Economic and Trade Arbitration Commission
(originally named Foreign Trade Arbitration Commission of the China
Council for the Promotion of International Trade, later renamed as
Foreign Economic and Trade Arbitration Commission of the China Council
for the Promotion of International Trade, and presently called China
International Economic and Trade Arbitration Commission, hereinafter
referred to as the Arbitration Commission) independently and impartially
resolves, by means of arbitration, disputes arising from international
or foreign-related, contractual or non-contractual, economic and trade
transactions, including those disputes between foreign legal persons
and/or natural persons and Chinese legal persons and /or natural
persons, between foreign legal persons and/or natural persons, and
between Chinese legal persons and/or natural persons, in order to
protect the legitimate rights and interests of the parties and promote
the development of domestic and international economy and trade.
In case the law or administrative regulations of the Pople\'s Republic of
China have special provisions or special authorization concerning the
scope of accepting cases, the Arbitration Commission may accept cases in
accordance with the special provisions or special authorization.
Article 3 The Arbitration Commission takes cognizance of cases in
accordance with an arbitration agreement between the parties concluded
before or after the occurrence of the dispute to refer their dispute to
the Arbitration Commission for arbitration and upon the written
application by one of the parties.
An arbitration agreement means an arbitration clause stipulated by the
parties in their contract or a written agreement concluded by the
parties in other forms to submit their dispute for arbitration.
Article 4 The Arbitration Commission has the power to decide on the
existence and validity of an arbitration agreement and the jurisdiction
over an arbitration case. If a party challenges the validity of the
arbitration agreement and requests the Arbitration Commission to make a
decision thereupon and the other party applies to the People\'s Court for
a ruling, the latter\'s ruling shall prevail.
Article 5 An arbitration clause contained in a contract shall be
regarded as existing independently and separately from the other clauses
of the contract, and an arbitration agreement attached to a contract
shall be treated as a part of the contract existing independently and
separately from the other parts of the contract. The validity of an
arbitration clause or an arbitration agreement shall not be affected by
the modification, rescission, termination, invalidity, revocation or
non-existence of the contract.
Article 6 Any objections to an arbitration agreement and /or
jurisdiction over an arbitration case shall be raised before the first
hearing conducted by the arbitration tribunal. Where a case is examined
on the basis of documents only, the objections to jurisdiction should be
raised before submission of the first substantive defense.
Article 7 Once the parties agree to submit their dispute to the
Arbitration Commission for arbitration, it shall be deemed that they
have agreed to conduct the arbitration under these Rules.
Section 2 Organization
Article 8 The Arbitration Commission has one honorary Chairman and
several advisers.
Article 9 The Arbitration Commission is composed of one Chairman,
several Vice-Chairmen and a number of Commission members. The Chairman
performs the functions and duties vested in him by these Rules and the
Vice-Chairmen may perform the Chairman\'s functions and duties with the
Chairman\'s authorization.
The Arbitration Commission has a secretariat to handle its day-to-day
work under the leadership of the Secretary-General of the Arbitration
Commission.
Article 10 The Arbitration Commission maintains a Panel of Arbitrators.
The arbitrators are selected and appointed by the Arbitration Commission
from among Chinese and foreign personages with special knowledge and
practical experience in the fields of law, economics and trade, science
and technology, and other fields.[page]
Article 11 The Arbitration Commission is located in Beijing. The
Arbitration Commission has a Shenzhen Sub-Commission in Shenzhen Special
Economic Zone and a Shanghai Sub-Commission in Shanghai. The
Sub-Commissions are an integral part of the Arbitration Commission.
The Sub-Commissions have their own secretariats to handle their
day-to-day work under the leadership of the Secretaries-General of the
Sub-Commissions.
These Rules uniformly apply to the Arbitration Commission and its Sub-
Commissions. When arbitration proceedings are conducted in the
Sub-Commissions, the functions and duties under these Rules to be
carried out by the Chairman, the secretariat and the Secretary-General
of the Arbitration Commission shall be performed by the Vice-Chairmen
authorized by the Chairman, the secretariats and the Secretaries-General
of the Sub-Commissions respectively and accordingly.
Article 12 The parties may agree to have their dispute submitted for
arbitration conducted by the Arbitration Commission in Beijing or by its
Shenzhen Sub- Commissions in Shanghai. In the absence of such an
agreement, the Claiman may opt to have the arbitration conducted by the
Arbitration Commission in Beijing or by its Shenzhen Sub-Commission in
Shenzhen or by its Shanghai Sub-Commission in Shanghai. When exercising
such option, the option first made shall prevail. If a dispute arises
over the option, it shall be decided by the Arbitration Commission.
Chapter II Arbitration Proceedings
Section 1 Application for Arbitration, Defense and Counter-claim
Article 13 The arbitration proceedings shall commence from the date on
which the Notice of Arbitration is sent out by the Arbitration
Commission or its Sub-Commissions.
Article 14 The Claimant shall satisfy the following requirements when
submitting his Application for Arbitration:
(1) an Application for Arbitration in writing shall be submitted and the
following shall be specified in the Application for Arbitration:
(a) the name and address of the Claimant and those of the Respondent,
including the zip code, telephone number, telex number, fax number and
cable number, if any;
(b) the arbitration agreement relied upon by the Claimant;
(c) the facts of the case and the main points of dispute;
(d) the Claimant\'s claim and the facts and evidence on which his claim
is based.
The Application for Arbitration shall be signed and/or stamped by the
Claimant and/or the attorney authorized by the Claimant.
(2) When an Application for Arbitration is submitted to the Arbitration
Commission, the relevant documentary evidence on which the Claimant\'s
claim is based shall accompany the Application for Arbitration.
(3) The Claimant shall pay an arbitration fee in advance to the
Arbitration Commission according to the Arbitration Fee Schedule of the
Arbitration Commission.
Article 15 After receipt of the Application for Arbitration and its
attachments and when the secretariat of the Arbitration Commission,
after examination, deems that the Claimant has not completed the
formalities required for arbitration, the secretariat shall demand the
Claimant to complete them, and when the secretariat deems that the
Claimant has completed the formalities, the secretariat shall
immediately send to the Respondent a Notice of Arbitration together with
one copy each of the Claimant\'s Application for Arbitration and its
attachments as well as the Arbitration Rules, the Panel of Arbitrators
and the Arbitration Fee Schedule of the Arbitration Commission, and
shall simultaneously send to the Claimant one copy each of the Notice of
Arbitration, the Arbitration Rules, the Panel of Arbitrators and
Arbitration Fee Schedule.
The secretariat of the Arbitration Commission, after sending the Notice
of Arbitration to the Claimant and Respondent, shall appoint one of its
staff-members to take charge of procedural administration of the case.
Article 16 The Claimant and the Respondent shall, within 20 days as from
the date of receipt of the Notice of Arbitration, appoint an arbitrator
from among the Panel of Arbitrators of the Arbitration Commission or
authorize the Chairman of the Arbitration Commission to make such
appointment.
Article 17 The Respondent shall, within 45 days from the date of receipt
of the Notice of Arbitration, submit his written defense and relevant
documentary evidence to the secretariat of the Arbitration Commission.
Article 18 The Respondent shall, at the latest within 60 days from the
date of receipt of the Notice of Arbitration, lodge with the secretariat
of the Arbitration Commission his counterclaim in writing, if any. The
arbitration tribunal may extend that time limit if it deems that there
are justified reasons.
When lodging a counterclaim, the Respondent must state in his written
statement of counterclaim his specific claim, reasons for his claim and
facts and evidence upon which his claim is based, and attach to his
written statement of counterclaim the relevant documentary evidence.[page]
When lodging a counterclaim, the Respondent shall pay an arbitration fee
in advance according to the Arbitration Fee Schedule of the Arbitration
Commission.
Article 19 The Claimant may request to amend his claim and the
Respondent may request to amend his counterclaim; but the arbitration
tribunal may refuse such a request for amendment if it considers that it
is too late to raise the request and the amendment may affect the
arbitration proceedings.
Article 20 When submitting application for arbitration, written defense,
statement of counterclaim, documentary evidence and other documents, the
party/parties shall submit them in quintuplicate. If the number of one
parties exceeds two, additional copies shall be submitted accordingly;
if the number of arbitrator of the arbitration tribunal is one, two
copies may be reduced.
Article 21 The arbitration proceedings shall not be affected in case the
Respondent fails to file his defense in writhing or the Claimant fails
to submit his written defense against the Respondent\'s counterclaim.
Article 22 The parties may authorize arbitration agents to deal with the
matters relating to arbitration; the authorized attorney must produce a
Power of Attorney to the Arbitration Commission.
Chinese and foreign citizens can be authorized to act as arbitration
agents.
Article 23 When a party applies for property preservative measures, the
Arbitration Commission shall transmit the party\'s application for a
ruling to the intermediate people\'s court in the place where the
domicile of the party against whom the property preservative measures
are sought is located or in the place where the property of the said
party is located.
When a party applies for taking interim measures of protection of
evidence, the Arbitration Commission shall transmit the party\'s
application for a ruling to the intermediate people\'s court in the place
where the evidence is located.
Section 2 Formation of Arbitration Tribunal
Article 24 Each of the parties shall appoint one arbitrator form among
the Panel of Arbitrators of the Arbitration Commission or entrust the
Chairman of the Arbitration Commission to make such appointment. The
third arbitrator shall be jointly appointed by the parties or appointed
by the Chairman of the Arbitration Commission upon the parties\' joint
authorization.
In case the parties fail to jointly entrust the Chairman of the
Arbitration Commission to appoint the third arbitrator within 20 days
from the date on which the Respondent receives the Notice of
Arbitration, the third arbitrator shall be appointed by the Chairman of
the Arbitration Commission. The third arbitrator shall act as the
presiding arbitrator.
The presiding arbitrator and the two appointed arbitrators shall jointly
form an arbitration tribunal to jointly hear the case.
Article 25 Both parties may jointly appoint or jointly authorize the
Chairman of the Arbitration Commission to appoint a sole arbitrator to
form an arbitration tribunal to hear the case alone.
If both parties have agreed on the appointment of a sole arbitrator to
hear their case alone but have failed to agree on the choice of such a
sole arbitrator within 20 days from the date on which the Respondent
receives the Notice of Arbitration, the Chairman of the Arbitration
Commission shall make such appointment.
Article 26 If the Claimant or the Respondent fails to appoint or
authorize the Chairman of the Arbitration Commission to appoint an
arbitrator according to Article 16 of these Rules, the Chairman of the
Arbitration Commission shall appoint an arbitrator for the Claimant or
the Respondent.
Article 27 When there are two or more Claimants and/or Respondents in an
arbitration case, the Claimants\' side and/or the Respondents\' side each
shall, through consultation, appoint or entrust the Chairman of the
Arbitration Commission to appoint one arbitrator from among the Panel of
Arbitrators of the Arbitration Commission.
If the Claimants\' side or the Respondents\' side fails to make such
appointment or entrustment within 20 days as from the date on which the
respondents\' side receives the Notice of Arbitration, the appointment
shall be made by the Chairman of the Arbitration Commission.
Article 28 Any appointed arbitrator having a personal interest in the
case shall himself disclose such circumstances to the Arbitration
Commission and request a withdrawal from his office.
Article 29 A party may make a request in writing to the Arbitration
Commission for the removal of an appointed arbitrator from his office,
if the party has justified reasons to suspect the impartiality and
independence of the appointed arbitrator. In the request, the facts and
reasons on which the request is based and evidence thereof must be
given.
A challenge against an arbitrator for a removal from his office must be
put forward in writing no later than the first oral hearing. If the
grounds for the challenge come out or are made known after the first
oral hearing, the challenge may be raised after the first hearing but
before the end of the last hearing.[page]
Article 30 The Chairman of the Arbitration Commission shall decide on
the challenge.
Article 31 If an arbitrator cannot perform his duty owing to withdrawal,
demise, removal or other reasons, a substitute arbitrator shall be
appointed in accordance with the procedure pursuant to which the
original arbitrator was appointed.
After the appointment of the substitute arbitrator, the arbitration
tribunal has discretion to decide whether the whole or part of the
previous hearings shall be started again.
Section 3 Hearing
Article 32 The arbitration tribunal shall hold oral hearings when
examining a case. At the request of the parties or with their consent,
oral hearings may be omitted if the arbitration tribunal also deems that
oral hearings are unnecessary, and then the arbitration tribunal may
examine the case and make an award on the basis of documents only.
Article 33 The date of the first oral hearing shall be fixed by the
arbitration tribunal in consultation with the secretariat of the
Arbitration Commission. The notice of the date of the hearing shall be
communicated by the secretariat of the Arbitration Commission to the
parties 30 days before the date of the hearing. A party having justified
reasons may request a postponement of the date of the hearing. His
requeat must be communicated to the secretariat of the Arbitration
Commission 12 days before the date of the hearing and the arbitration
tribunal shall decide whether to postpone the hearing or not.
Article 34 The notice of the date of hearing subsequent to the first
hearing is not subject to the 30-day time limit.
Article 35 The cases taken cognizance of by the Arbitration Commission
shall be heard in Beijing, or in other places with the approval of the
Secretary-General of the Arbitration Commission. The cases taken
cognizance of by a Sub-Commission of the Arbitration Commission shall be
heard in the place where the Sub-Commission is located, or in other
places with the approval of the Secretary-General of the Sub-Commission.
Article 36 The arbitration tribunal shall not hear cases in open
session. If both parties request a hearing to be held in open session,
the arbitration tribunal shall decide whether to hold the hearing in
open session or not.
Article 37 When a case is heard in closed session, the parties, their
attorneys, witnesses, arbitrators, experts consulted by the arbitration
tribunal and appraisers appointed by the arbitration tribunal and the
relevant staff-members of the secretariat of the Arbitration Commission
shall not disclose to outsiders the substantive or procedural matters of
the case.
Article 38 The parties shall produce evidence for the facts on which
their claim, defense or counterclaim is based. The arbitration tribunal
may undertake investigations and collect evidence on its own initiative,
if it deems it necessary.
If the arbitration tribunal investigates and collects evidence on its
own initiative, it shall timely inform the parties to be present on the
spot if it deems it necessary. Should one party or both parties fail to
appear on the spot, the investigation and collection of evidence shall
by no means be affected.
Article 39 The arbitration tribunal may consult an expert or appoint an
appraiser for the clarification of special questions relating to the
case. Such an expert or appraiser can be an organization or a citizen,
Chinese or foreign.
The arbitration tribunal has the power to order the parties and the
parties are also obliged to submit or produce to the expert or appraiser
any materials, documents, properties or goods related to the case for
check-up, inspection and /or appraisal.
Article 40 The expert\'s report and the appraiser\'s report shall be
copied to the parties so that the parties may have the opportunity to
give their opinions there on. At the request of any party to the case
and with the approval of the arbitration tribunal, the expert and
appraiser may be present at the hearing and give explanations of their
reports when the arbitration tribunal deems it necessary and
appropriate.
Article 41 The evidence submitted by the parties shall be examined and
decided by the arbitration tribunal. The adoption of the expert\'s report
and the appraiser\'s report shall be determined by the arbitration
tribunal.
Article 42 Should one of the parties fail to appear at the hearing, the
arbitration tribunal may proceed with the hearing and make an award by
default.
Article 43 During the hearing, the arbitration tribunal may make a
record in writing and/or by tape-recording. The arbitration tribunal
may, when it deems it necessary, make a minute stating the main points
of the hearing and ask the parties and/or their attorneys, witnesses
and/or other persons involved to sign their names on it and/or affix
their seals to it.
The record in writing or by tape-recording is only for the use and
reference of the arbitration tribunal.[page]
Article 44 If the parties to an arbitration case reach an amicable
settlement agreement by themselves, they may either request the
arbitration tribunal to make an award in accordance with the contents of
their amicable settlement agreement to end the case or request a
dismissal of the case. The Secretary-General of the Arbitration
Commission shall decide on the request for a dismissal of the
arbitration tribunal, and the arbitration tribunal shall decide if the
request is put forward after the formation of the arbitration tribunal.
If the party or the parties refer the dismissed case again to the
Arbitration Commission for arbitration, the Chairman of the Arbitration
Commission shall decide whether to accept the reference or not.
Article 45 A party who knows or should have known that any provision or
requirement of these Rules has not been complied with and yet proceeds
with the arbitration proceedings without explicitly raising in writing
his objection to non-compliance in a timely manner shall be deemed to
have waived his right to object.
Article 46 If both parties have a desire for conciliation or one party
so desires and the other party agrees to it when consulted by the
arbitration tribunal, the arbitration tribunal may conciliate the case
under its cognizance in the process of arbitration.
Article 47 The arbitration tribunal may conciliate cases in the manner
it deems appropriate.
Article 48 The arbitration tribunal shall terminate conciliation and
continue the arbitration proceedings when one of the parties requests a
termination of conciliation or when the arbitration tribunal believes
that further efforts to conciliate will be futile.
Article 49 If the parties have reached an amicable settlement outside
the arbitration tribunal in the course of conciliation conducted by the
arbitration tribunal such settlement shall be deemed as one which has
been reached through the arbitration tribunal\'s conciliation.
Article 50 The parties shall sign a settlement agreement in writing when
an amicable settlement is reached through conciliation conducted by the
arbitration tribunal, and the arbitration tribunal shall end the case by
making an arbitration award in accordance with the contents of the
settlement agreement unless otherwise agreed by the parties.
Article 51 Should conciliation fail, any statement, opinion, view or
proposal which has been made, raised, put forward, acknowledged,
accepted or rejected by either party or by the arbitration tribunal in
the process of conciliation shall not be invoked as grounds for any
claim, defense and/or counterclaim in the subsequent arbitration
proceedings judicial proceedings or any other proceedings.
Section 4 Award
Article 52 The arbitration tribunal shall render an arbitral award
within 9 months as from the date on which the arbitration tribunal is
formed. The Secretary-General of the Arbitration Commission may extend
this time limit at the request of the arbitration tribunal if the
Secretary-General of the Arbitration Commission considers that it is
really necessary and the reasons for extension are truly justified.
Article 53 The arbitration 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.
Article 54 Where a case is heard by an arbitration tribunal composed of
three arbitrators, the arbitral award shall be decided by the majority
of the arbitrators and the minority opinion may be written in the record
and docketed into the file.
When the arbitration tribunal cannot attain a majority opinion, the
arbitral award shall be decided in accordance with the presiding
arbitrator\'s opinion.
Article 55 The arbitration tribunal shall state in the arbitral award
the claims, the facts of the dispute, the reasons on which the arbitral
award is based, the result of the arbitral award, the allocation of the
arbitration costs, the date on which and the place at which the arbitral
award is made. The facts of the dispute and the reasons on which the
arbitral award is based may not be stated in the arbitral award if the
parties have agreed not to state them in the arbitral award, or the
arbitral award is made in accordance with the contents of the settlement
agreement reached between the parties.
Article 56 Unless the arbitral award is made in accordance with the
opinion of the presiding arbitrator or the sole arbitrator, the arbitral
award shall be signed by all the arbitrators or the majority arbitrators
sitting on the arbitration tribunal. An arbitrator who has a dissenting
opinion may sign or not sign his name on the arbitral award.
The arbitrator shall submit his draft arbitral award to the Arbitration
Commission before signing the award. The Arbitration Commission may
remind the arbitrator of any issue related to the form of the arbitral
award on condition that the arbitrator\'s independence of decision is not
affected.[page]
The Arbitration Commission\'s stamp shall be affixed to the arbitral
award.
The date on which the arbitral award is made is the date on which the
darbitral award comes into legal effect.
Article 57 The arbitration tribunal may, if it deems it necessary or the
parties so request and the arbitration tribunal agrees, make an
interlocutory award or partial award on any issue of the case at any
time in the course of arbitration before the final award is made. Either
party\'s failure to perform the interlocutory award does not affect the
continuation of the arbitration proceedings and the making of the final
award by the arbitration tribunal.
Article 58 The arbitration tribunal has the power to determine in the
arbitral award the arbitration fee and other expenses to be eventually
paid by the parties to the Arbitration Commission.
Article 59 The arbitration tribunal has the power to decide in the
arbitral award that the losing party shall pay the winning party as
compensation a proportion of the expenses reasonably incurred by the
winning party in dealing with the case. The amount of such compensation
shall not in any case exceed 10% of the total amount awarded to the
winning party.
Article 60 The arbitral award is final and binding upon both disputing
parties. Neither party may bring a suit before a law count or make a
request to any other organization for revising the arbitral award.
Article 61 Either party may request in writing that a correction be made
to the writhing, typing , calculating and similar errors contained in
the arbitral award within 30 days from the date of receipt of the
arbitral award; if there is really an error in the arbitral award, the
arbitration tribunal shall make a correction in writing within 30 days
form the date on receipt of the written request for correction, and the
arbitration tribunal may by itself make a correction in writing within
30 days from the date on which the arbitral award is issued. The
correction in writing forms a part of the arbitral award.
Article 62 If anything that should be awarded has been omitted in the
arbitral award, either of the parties may make a request in writing to
the arbitration tribunal for an additional award within 30 days from the
date on which the arbitral award is received.
If something which should be awarded is really omitted, the arbitration
tribunal shall make an additional award within 30 days from the date of
receipt of the request in writing for an additional award. The
arbitration tribunal may also by itself make an additional award within
30 days from the date on which the arbitral award is issued. The
additional award forms a part of the arbitral award which has been
previously issued.
Article 63 The parties must automatically execute the arbitral award
within the time limit specified in the arbitral award. If no time limit
is specified in the arbitral award, the parties shall carry out the
arbitral award immediately.
In case one party fails to execute the arbitral award, the other party
may apply to the Chinese court for enforcement of the arbitral award
pursuant to Chinese law or apply to the competent foreign court for
enforcement of the arbitral award according to the 1958 Convention on
Recognition and Enforcement of Foreign Arbitral Awards or other
international treaties that China has concluded or participated in.
Chapter III Summary Procedure
Article 64 Unless otherwise agreed by the parties, this Summary
Procedure shall apply to any case in dispute where the amount of the
claim totals not more than RMB 500, 000 yuan, and to any case in dispute
where the amount of the claim totals more than RMB 500, 000 yuan
provided that one party applies for arbitration under this Summary
Procedure and the other party agrees in writing.
Article 65 When an application for arbitration is submitted to the
Arbitration Commission after examination and the Summary Procedure is
applicable, the secretariat of the Arbitration Commission shall
immediately send a Notice of Arbitration to the parties.
Unless both parties have jointly appointed one sole arbitrator from
among the Panel of Arbitrators of the Arbitration Commission, they shall
jointly appoint or jointly entrust the Chairman of the Arbitration
Commission to appoint one sole arbitrator within 15 days from the date
on which the Notice of Arbitration is received by the Respondent. Should
the parties fail to make such appointment or entrustment, the Chairman
of the Arbitration Commission shall immediately appoint one sole
arbitrator to form an arbitration tribunal to hear the case.
Article 66 The Respondent shall, within 30 days from the date of receipt
of the Notice of Arbitration, submit his defense and relevant
documentary evidence to the secretariat of the Arbitration Commission; a
counterclaim, if any, shall be filed with documentary evidence within
the said time limit.
Article 67 The arbitration tribunal may hear the case in the way it
deems appropriate. The arbitration tribunal has discretion to hear the
case only on the basis of the written materials and evidence submitted
by the parties or to hold an oral hearing as well.[page]
Article 68 The parties must hand in written materials and evidence
needed for the arbitration in compliance with the requirements of the
arbitration tribunal within the time limit given by the arbitration
tribunal.
Article 69 For a case which needs an oral hearing, the secretariat of
the Arbitration Commission shall, after the arbitration tribunal has
fixed a date for hearing, inform the parties of the date of the hearing
15 days before the date of the hearing.
Article 70 If the arbitration tribunal decides to hear the case orally,
only one oral hearing shall be held. However, the arbitration tribunal
may hold two oral hearings if really necessary.
Article 71 Should one of the parties fail to act in compliance with this
Summary Procedure during summary proceedings, such failure shall not
affect the arbitration tribunal\'s conduct of the proceedings and the
arbitration tribunal\'s power to render an arbitral award.
Article 72 The conduct of the summary proceedings shall not be affected
by any amendment of the claim or by the lodging of a counterclaim.
Article 73 Where a case is heard orally, the arbitration tribunal shall
make an arbitral award within 30 days from the date of the oral hearing
if one hearing is to be held, or from the date of the second oral
hearing if two oral hearings are to be held. Where a case is examined on
the basis of documents only, the arbitration tribunal shall render an
arbitral award within 90 days from the date on which the arbitration
tribunal is formed. The Secretary-General of the Arbitration Commission
may extend the said time limit if such extension is necessary and
justified.
Article 74 For matters not covered in this Chapter, the relevant
provisions in the other Chapters of these Rules shall apply.
Chapter IV Supplementary Provisions
Article 75 The Chinese language is the official language of the
Arbitration Commission. If the parties have agreed otherwise, their
agreement shall prevail.
At the hearing, if the parties or their attorneys or witnesses require
language interpretation, the secretariat of the Arbitration Commission
may provide an interpreter for them or the parties may bring with them
their own interpreter.
The arbitration tribunal and/or the secretariat of the Arbitration
Commission may, if it deems it necessary, request the parties to hand in
corresponding translation copies in Chinese language or other languages
of the documents and evidential materials submitted by the parties.
Article 76 All the arbitration documents, notices and materials may be
sent to the parties and/or their attorneys in person, or by registered
letter or express airmail, telefax, telex, cable or by any other means
which are deemed proper by the secretariat of the Arbitration
Commission.
Article 77 Any written communication to the parties is deemed to have
been properly served if it is delivered to the addressee or delivered at
his place of business, habitual residence or mailing address; or if none
of these can be found after making a reasonable inquiry, a written
communication is deemed to have been properly served if it is sent to
the addressee\'s last known place of business, habitual residence or
mailing address by registered letter or by any other means which
provides a record of the attempt to deliver it.
Article 78 Apart form charging arbitration fees from the parties
according to the Arbitration Fee Schedule of the Arbitration Commission,
the Arbitration Commission may collect from the parties other extra,
reasonable and actual expenses including arbitrators\' special
remuneration and their travel and boarding expenses for dealing with the
case and the fees and expenses for experts, appraisers and interpreters
appointed by the arbitration tribunal, etc.
If a case is withdrawn after the parties have reached between themselves
an amicable settlement, the Arbitration Commission may charge a certain
amount of fees from the parties in consideration of the quantity of work
and the amount of the actual expenses incurred by the Arbitration
Commission.
Article 79 Where an arbitration agreement or an arbitration clause
contained in the contract provides for arbitration to be conducted by
China International Economic and Trade Arbitration Commission or its
Sub-Commissions or by the formerly named Foreign Trade Arbitration
Commission or Foreign Economic and Trade Arbitration Commission of the
China Council for the Promotion of International Trade, it shall be
deemed that the parties have unanimously agreed that the arbitration
shall be conducted by China International Economic and Trade Arbitration
Commission or by its Sub-Commissions.
Article 80 These Rules shall come into force as from October 1, 1995.
For cases which have been taken cognizance of by the Arbitration
Commission or by its Sub-Commissions before the date on which these
Rules become effective, the Rules of Arbitration effective on the date
when the cases were taken cognizance of shall apply. However, these
Rules shall be applied if the parties so agree.[page]
Article 81 The power to interpret these Rules is vested in the
Arbitration Commission.
