Rules of Arbitration of the Beijing Arbitration Commission
(Amended and adopted at the Sixth meeting of the Second Session of the Beijing Arbitration Commission on 25 April 2001 and implemented on 1 August 2001)
Chapter I General Provisions
Article 1 These Rules are formulated by the Beijing Arbitration Commission (hereinafter referred to as the "Commission") in accordance with the relevant provisions of the Arbitration Law of the People's Republic of China (hereinafter referred to as the "Arbitration Law") and the Civil Procedures Law of the People's Republic of China (hereinafter referred to as the "Civil Procedures Law").
Article 2 The Commission provides independent, impartial and efficient settlement by arbitration of contractual disputes and other disputes related to property rights and interests arising between citizens, legal persons and other organizations that share equal standing.
The Commission does not accept applications for arbitration involving the following disputes:
(1) those involving marriage, adoption, guardianship, support or inheritance;
(2) those of an administrative nature that shall be handled by administrative authorities in accordance with law; and
(3) those labor disputes and internal contractual disputes within agricultural collective economic organizations.
Article 3 The Commission shall consist of one Chairman, four Vice-Chairmen and eight members. The Chairman shall perform all duties designated to him/her by these Rules. The Vice-Chairmen and the Secretary General, if so authorized by the Chairman, may also perform the duties of the Chairman.
The Commission shall establish a Commission administrative office, which shall be responsible for handling the daily administrative affairs of the Commission under the direction of the Secretary General.
Article 4 The Commission shall set up a registry of arbitrators, which shall include a list of arbitrators handling disputes of an international nature. Where necessary, the Commission may also set up a list of arbitrators for specialized fields.
The arbitrators shall be selected by the Commission from Chinese and foreign professionals who have specialized knowledge and practical experience in the areas of law, economics and trade.
Article 5 By agreeing to submit disputes to the Commission for arbitration, the parties shall be deemed to have agreed to carry out arbitration in accordance with these Rules, unless otherwise agreed to by the parties and consented to by the Commission.
Chapter II Arbitration Agreement
Article 6 When the parties choose to settle a dispute by arbitration, they must voluntarily enter into an Arbitration Agreement. If a party applies for arbitration in the absence of such an Arbitration Agreement, the Commission will not accept the case.
Article 7 The term Arbitration Agreement includes arbitration clauses contained in contracts or other written agreements, whether concluded prior to or after the dispute arises, indicating the parties will to apply for arbitration.
An Arbitration Agreement shall contain the following provisions, namely:
(1) an expression of intention to apply for arbitration;
(2) the matters for arbitration; and
(3) an expression of intention to choose the Commission as the arbitration organization.
Article 8 An Arbitration Agreement exists independently. The validity of an Arbitration Agreement shall not be affected by the amendments, termination or invalidation of a contract, nor the lack of a contract.
The Tribunal has the right to determine the validity of a contract.
Article 9 The parties may challenge the validity of an Arbitration Agreement or the Tribunals jurisdiction over the case for arbitration. If a party challenges the validity of an Arbitration Agreement or the Tribunals jurisdiction over a case for arbitration, it shall submit such challenge in writing prior to the first hearing of the Tribunal.
If the parties agree not to have hearings, the request shall be made in writing before the first submission of the Statement of Defense.
If a party has not submitted a challenge to the validity of the Arbitration Agreement or to the Tribunals jurisdiction over the case for arbitration in accordance with the previous paragraphs, it shall be deemed to have acknowledged the validity of the Arbitration Agreement and the Tribunals jurisdiction over the case for arbitration.
Article 10 If a party challenges the validity of an Arbitration Agreement, it may request the Commission to make a decision or apply to a peoples court for a ruling. If one of the parties requests the Commission to make a decision and the other party applies to the peoples court for a ruling, the ruling shall be made by the peoples court.
If the parties challenge the Tribunals jurisdiction over the case for arbitration, the Commission may render a decision or authorize the Tribunal to render a decision.
Chapter III Application and Acceptance
Article 11 In order to apply for arbitration, the following requirements must be satisfied, namely that:
(1) there must be an Arbitration Agreement;
(2) there must be a specific Statement of Claim, as well as facts and reasons upon which the claim is based; and
(3) the dispute must fall within the jurisdiction of the Commission.
Article 12 In order to apply for arbitration, a Claimant shall submit the following documents to the Commission, namely:
(1) the Arbitration Agreement;
(2) an Application for Arbitration and copies thereof, which shall specify:
A the names, gender, ages, occupations, work units and addresses of the Claimant, Respondent and their designated representatives or, if a party is a legal person or other organization, the name, address, postal code, and telephone number of the organization and the name of its legal representative or name and position of the chief responsible person;
B the Statement of Claim, as well as the facts and reasons upon which it is based; and
C the evidence, its source and the name and address of the witnesses.
The Application for Arbitration shall be signed by, or bear the seal of, the Claimant or the representative authorized by the Claimant; and
(3) documentary evidence upon which the Statement of Claim is based.
Article 13 At the time of submission of the Application for Arbitration, the Claimant shall pay in advance the application fee and the administration fee in accordance with the rates set by the Commission.
If the Claimant has difficulty in paying the arbitration fees in advance, the Claimant may apply to the Commission for a delay of payment, which is subject to the approval of the Commission. If the Claimant neither pays the arbitration fee in advance nor applies for a delay of payment of the same, the Claimant shall be deemed to have withdrawn the Application for Arbitration.
Article 14 Within five days after the receipt of an Application for Arbitration, if the Commission determines that the application satisfies the conditions for acceptance, it shall accept the Application for Arbitration and notify the Claimant of the same. If the Commission determines that the application does not comply with the conditions for acceptance, it shall inform the Claimant in writing of its rejection and provide an explanation for the same.
If after receiving an Application for Arbitration, the Commission determines that it does not satisfy the requirements stipulated in Article 12 of these Rules, it may require the Claimant to amend the Application for Arbitration. The date on which the amended Application for Arbitration is filed shall be deemed to be the date of filing of the Application for Arbitration.
Article 15 Within 10 days after accepting an Application for Arbitration, the Commission shall deliver to the Claimant a copy of these Rules and the registry of arbitrators, and to the Respondent a copy of the Application for Arbitration together with these Rules and the registry of arbitrators.
Within 15 days after receiving the copy of the Application for Arbitration, the Respondent shall submit a written Statement of Defense to the Commission. The Commission shall deliver to the Claimant a copy of the written Statement of Defense within five days following the receipt thereof. The failure of the Respondent to file a Statement of Defense shall in no way affect the arbitral procedures.
Article 16 The Claimant may reject or amend the Statement of Claim. The Respondent may accept or reject the Statement of Claim. Any counterclaims made by the Respondent shall be submitted to the Commission in writing no later than 15 days from the date of receipt of the copy of the Application for Arbitration. The Tribunal may decide whether to accept a counterclaim that is submitted after the expiration of the stipulated time limit. All other requirements for counterclaims shall be subject to the same provisions as for those for the Application for Arbitration in these Rules.
The Commission shall deliver to the Claimant a copy of the counterclaim application within five days after the date of receipt of the counterclaim application.
The Claimant shall submit a written Statement of Defense to the Commission within 15 days from the date of receipt of the copy of the counterclaim application. The arbitral procedures shall not be affected if the Claimant fails to submit a written Statement of Defense to the Commission.
Article 17 Any request by the Claimant to amend its claims or by the Respondent to amend its counterclaims shall be made in written form. The Tribunal shall decide whether to accept a request for amendment.
Where the Tribunal decides to accept a request of one party for amendment, the other party shall submit in writing a Statement of Defense with regard to the amended matters within 15 days of receipt of the application for amendment of a claim or counterclaim.
Article 18 Any Application for Arbitration, Statement of Defense, application for counterclaims and relevant documentary evidence shall be supplied in five copies. If there are more than two parties involved, additional copies shall be provided accordingly. If the Tribunal is composed of only one arbitrator, the number of copies can be reduced by two.
Article 19 A party may apply for preservation of property if it becomes impossible or difficult to enforce an award due to actions of the other party or for other reasons. If a party applies for preservation of property, the Commission shall submit the application to the people's court of the Respondents domicile or of the location of the property in question.
If the application for preservation of property is made in error, the applicant for the preservation of property shall compensate the other party for any losses incurred due to the preservation of property.
Article 20 Where evidence may be lost or be difficult to obtain at a later time, the relevant party may apply for preservation of evidence. Where a party applies for preservation of evidence, the Commission shall submit the application for a ruling to the lower peoples court of the location of the evidence.
Article 21 A party may authorize a lawyer or other representatives to represent it in arbitral procedures. Generally, the number of arbitration representatives designated by a party shall not exceed three. If a party has a good cause to increase the number of its arbitration representatives, it may do so as appropriate upon the approval of the Tribunal.
If a party authorizes a representative to represent it for arbitration purposes, it shall submit a power of attorney to the Commission. The power of attorney shall set forth the matters entrusted and the scope of authority.
Chapter IV Composition of the Tribunal
Article 22 The parties shall each appoint one arbitrator from the Commission's registry of arbitrators or entrust the Chairman of the Commission to designate one. The parties shall jointly appoint or jointly entrust the Chairman of the Commission to designate a third arbitrator, who will serve as the chief arbitrator.
Article 23 If, within 15 days after the date on which the Respondent receives the Notice Requesting Defense, the parties fail to appoint arbitrators from the Commission's registry of arbitrators or to entrust the Chairman of the Commission to designate arbitrators, and fail to jointly appoint the third arbitrator or to jointly entrust the Chairman of the Commission to designate the third arbitrator, the Chairman of the Commission shall designate the arbitrators.
Article 24 When one of the parties is composed of multiple individuals and/or entities, the individuals and/or entities shall, through consultations, jointly appoint or jointly entrust the Chairman of the Commission to designate an arbitrator. Where the individuals and/or entities have not reached an agreement to appoint or entrust the Chairman of the Commission to designate an arbitrator within 15 days from the date of receipt of notice of the arbitration, the arbitrator shall be designated by the Chairman of the Commission.
Article 25 The Commission shall, within five days of the date of formation of the Tribunal, notify the parties in writing of the composition of the Tribunal.
Article 26 Once appointed by the parties or designated by the Chairman, the arbitrators shall ensure that they have sufficient time to arbitrate the dispute, guarantee an impartial review of the case in question, and shall sign a statement of declaration certifying the same. The statement of declaration shall be delivered to each party.
Article 27 Where an arbitrator is unable to perform his/her duty due to any one of the circumstances below, and if such arbitrator was appointed by one of the parties, the relevant party shall, within five days of the date of receipt of a notice from the Commission, appoint another arbitrator in accordance with the procedures stipulated in Articles 22, 23, 24 of these Rules; if such arbitrator was designated by the Chairman, the Chairman shall designate another arbitrator and notify the parties of the new arbitrator within five days thereafter, namely, where:
(1) he/she is on a business trip or abroad and not available to handle the case;
(2) he/she is unable to serve due to illness;
(3) he/she has been required to withdraw from the Tribunal pursuant to law;
(4) he/she has been dismissed by the Commission, unless the parties have agreed to have him/her to continue with the arbitration; or
(5) he/she has other circumstances which may prevent him/her from fulfilling his/her duty.
After the appointment of a new arbitrator, the parties may request that the arbitral procedures previously carried out be repeated. The Tribunal shall decide whether such a request is admissible. The Tribunal may also decide on its own discretion whether the previous arbitral procedures should be repeated.
Article 28 In any of the following circumstances, an arbitrator shall, on his/her own initiative, make disclosure to the Commission and request to withdraw, and the parties shall also have the right to challenge the arbitrator and request his/her withdrawal, namely, where:
(1) the arbitrator is a close relative of one of the parties or of the party's representative;
(2) the arbitrator has an interest in the case;
(3) the arbitrator has any other relationship with one of the parties involved or its representative such that the impartiality of the arbitration may be affected; or
(4) the arbitrator has met privately with a party involved or its representative or has accepted entertainment or gifts from a party involved or its representative.
The phrase "other relationship" mentioned in paragraph (3) above of this Article shall include any of the following situations, namely, where:
A the arbitrator has previously advised on the case;
B the arbitrator is the legal counsel or representative of one of the parties, or acted as the legal counsel of one of the parties within the previous two years;
C the arbitrator works, or has worked, in the same work unit with one of the parties or its representative within the previous two years;
D the arbitrator has recommended or introduced a representative to a party involved in the arbitration;
E the arbitrator has acted as a witness, appraiser, inspector, representative or agent ad litem of the same case or any related cases;
F there exist other matters that may affect the impartiality of the arbitration.
Article 29 If the party has good cause to doubt the impartiality and independence of the appointed or designated arbitrator, it may request the withdrawal of such arbitrator by submitting a written request to the Commission, provided that the party shall provide the facts and reasons for the withdrawal request, and such facts and reasons are supported by evidence.
The challenge to an arbitrator and the request for his/her withdrawal shall be submitted in writing prior to the first hearing. If the grounds for the challenge were discovered after the first hearing, the challenge may be submitted before the closing of the final hearing.
Article 30 The Chairman of the Commission shall decide whether an arbitrator should withdraw from the Tribunal. Where the Chairman serves as an arbitrator, his/her withdrawal shall be decided by a plenary session of the Commission.
Article 31 If, subsequent to being notified of the composition of the Tribunal, a party engages a representative whose participation results in an arbitrator meeting the conditions for withdrawal set forth in Article 28 hereof, the party shall be deemed to have waived its right to challenge the arbitrator on the grounds thereof. However, the said engagement shall not constitute a waiver of the other partys right to challenge the arbitrator.
If the hearing of the case is postponed due to the aforementioned reasons, the party responsible for the withdrawal of the arbitrator shall bear the corresponding costs.
Article 32 Upon accepting the parties appointment or the Chairmans designation, the arbitrator shall perform his/her duty impartially, diligently, and efficiently. If, during the course of the arbitration, an arbitrator is unable to continue the arbitration due to reasons other than those stated in items (1) to (4) of the first paragraph of Article 27, he/she may apply to the Commission for leave. The Chairman shall determine whether the leave application is admissible. The arbitrator shall continue to take part in the hearings until the application is approved by the Chairman.
Article 33 If an arbitrator has met privately with one of the parties or its representative, or has accepted entertainment or gifts from one of the parties or its representative with serious consequences, or while arbitrating a case has sought or accepted a bribe, engaged in malpractice for his/her own benefit or made an award in disregard of the law, he/she shall assume legal liabilities according to law. In this case, the Commission shall have the authority to terminate the arbitrator's duty.
Chapter V Hearings and Awards
Article 34 Arbitration shall be conducted by hearings. If the parties have agreed to or applied for arbitration without hearings, or if the Tribunal deems it unnecessary to conduct hearings and obtains the consent of both parties, the Tribunal may render an award based on the written Application for Arbitration, the Statement of Defense and other materials.
Article 35 Arbitration shall be conducted in private. The arbitration may be conducted in public if so agreed to by the parties, except for cases that involve state secrets.
Article 36 Hearings shall be conducted at the Commission's place of business, or at other locations at the consent of the Secretary General of the Commission.
Article 37 Where a case is heard in private, the parties and their representatives, witnesses, arbitrators, experts consulted by the Tribunal, appraisers appointed by the Tribunal, and the relevant personnel of the Commission shall not disclose to outsiders information relating to the substance or proceedings of the case.
Article 38 If two or more arbitration cases have common or related subject matter, upon request by one party and agreement by the other parties, the cases may be heard in consolidation. The Tribunal shall decide whether the cases will be heard in consolidation.
If the Tribunal is composed of different members, the foregoing provision does not apply.
Article 39 The Commission shall notify the parties of the date of the hearing at least 10 days in advance. If agreed to by the parties and the Tribunal after consultations, the hearing date may be advanced. If there is good cause, a party may request a postponement of the hearing date at least seven days prior to the scheduled date of the hearing. The Tribunal shall decide whether to postpone the hearing.
After the first hearing, notifications of the date of any subsequent hearings are not subject to the 10-day requirement.
Article 40 If the Claimant fails to appear before the Tribunal without good cause after having been duly notified in writing or leaves the hearing prior to its conclusion without the permission of the Tribunal, the Claimant shall be deemed to have withdrawn its Application for Arbitration. If the Respondent fails to appear before the Tribunal without good cause after having been duly notified in writing or leaves the hearing prior to its conclusion without the permission of the Tribunal, the Tribunal may proceed with the hearing of the case and make the award in the Respondent's absence.
Article 41 The parties shall provide evidence in support of their claims.
If a party fails to provide evidence within a stipulated time limit or the evidence provided cannot support its claims, the party shall assume liabilities arising from such failure to provide evidence.
Article 42 The parties shall categorize, label and bind the evidence, briefly indicate the sources, object of proof and contents of the evidence, and state in writing the date of submission.
Article 43 Documentary evidence shall be submitted in the form of original copies; physical evidence shall be submitted in the form of original articles. If it is genuinely difficult to submit an original copy or original article, a reproduced article, photograph, duplicate copy or abridged version of a document may be submitted.
Chinese translations shall be attached to foreign language documents submitted as evidence.
Article 44 Where the Tribunal deems it necessary, it may conduct investigation of the facts and collect evidence on its own initiative. If the Tribunal deems it necessary to require the presence of the parties during investigation and collection of evidence, the Tribunal shall notify the parties accordingly and in a timely manner. If, after being notified, the party/parties fail(s) to appear, the Tribunal may proceed with the investigation of facts and collection of evidence notwithstanding such failure.
The Tribunal shall deliver to the parties the evidence collected on its own initiative. The parties may provide cross-examination opinions in connection with the evidence collected by the Tribunal.
Article 45 If the Tribunal deems it necessary to conduct an appraisal, it may refer the appraisal to an appraisal agency or individual expert agreed upon by the parties or designated by the Tribunal.
The Tribunal shall have the right to request the parties, and the parties shall have the obligation, to provide or present to the experts or appraisers any documents, written materials, properties or other articles needed for the appraisal.
Copies of the expert and appraiser reports shall be sent to the parties. The parties may comment on the expert and appraiser reports.
If the Tribunal deems it necessary, or if the parties so request, the Tribunal shall request the appraiser to attend the hearing. With the permission of the Tribunal, the parties may question the appraiser.
Article 46 Evidence shall be admitted by the Tribunal. The Tribunal shall determine whether to accept an expert report or appraiser report.
Article 47 The Tribunal has the power to request the parties to submit the evidence within a stipulated time period prior to the hearing. The party with the obligation of providing evidence shall provide said evidence within the time period required by the Tribunal.
Article 48 Where the Tribunal deems it necessary, it may authorize the chief arbitrator to summon the parties to exchange evidence prior to a formal hearing, so as to confirm jointly the issues in dispute and the scope of hearing. The meeting shall be recorded by the secretary in writing.
Article 49 If there is a hearing of the case, the evidence that has been exchanged between the parties before the hearing shall also be presented at the time of the hearing for cross-examination by the parties.
The Tribunal has the power to decide whether to accept evidence that is submitted after the required time or at the time of the hearing. If the Tribunal decides to accept such evidence, it shall allow the other party a reasonable period of time to examine and challenge the evidence. Unless explicitly agreed to by the other party, such evidence shall not be examined at any hearing held before the expiration of the cross-examination period. Where the Tribunal decides not to have a hearing, the cross-examination period shall be the time during which the parties submit written cross-examination opinions.
Where the arbitral procedures are postponed due to the aforementioned reasons, the party that submits evidence after the required time period or at the time of hearing shall bear the corresponding costs.
Article 50 Parties shall have the right to conduct arguments during the course of arbitration. At the end of their arguments, the chief or sole arbitrator shall solicit final opinions from the parties.
Article 51 Before the closing of the arbitral procedures, the Tribunal may permit the parties to submit additional evidence within a reasonable time period if so requested by the parties or if the Tribunal deems it necessary. If submission of the additional evidence is not made within such time limit, the Tribunal may decide the facts and make an award based on the existing evidence.
Where the Tribunal decides not to continue the hearing, it shall allow exchange of the additional evidence between the parties, and allow the parties a reasonable time period for written cross-examination.
Article 52 The Tribunal shall make a written record of the hearing. The parties and other participants in the arbitration shall have the right to apply for corrections or additions to the record of their own statements if they believe that the record contains errors or omissions. If the Tribunal does not allow for corrections or additions, the application for the same shall be recorded.
The record shall be signed by the arbitrator, the recorder, the parties and other participants in the arbitration or affixed with their seals.
Article 53 If, after an Application for Arbitration has been filed, the parties reach a settlement of the dispute on their own outside the Tribunal, they may request the Tribunal to make an award based upon their settlement agreement or they may withdraw the Application for Arbitration. If the request is made before the formation of the Tribunal, the Commission shall decide whether or not to dismiss the case. If the request is made after the formation of the Tribunal, the decision to dismiss the case shall be made by the Tribunal.
Article 54 If after a settlement agreement is reached and the Application for Arbitration has been withdrawn, the party/parties repudiate the settlement, it/they may file an Application for Arbitration in accordance with the Arbitration Agreement. The Commission shall decide whether to accept the Application for Arbitration.
Article 55 If a party knows, or should reasonably have known, of a non-compliance with any terms or conditions of these Rules or the Arbitration Agreement and nonetheless participates in, or continues to participate in, the arbitration process without raising an explicit written objection to such non-compliance in a timely manner, the party shall be deemed to have waived its right to object.
Article 56 The Tribunal may, at the parties' request or with the parties' consent, conduct mediation of the dispute in question. If the dispute cannot be resolved through mediation, the Tribunal shall promptly render an award. However, no statement, comment, opinion or proposal which was raised by either party or the Tribunal during the process of mediation shall be cited as grounds for any claim, defense and/or counterclaim in subsequent arbitration, judicial procedure or other proceedings.
If mediation results in an agreement between the parties, the Tribunal shall produce a written mediation statement or an award in accordance with the terms of the agreement. A written mediation statement and a written award shall have equal legal effect.
Article 57 If, during the course of mediation by the Tribunal, the parties reach a settlement outside the Tribunal, the parties shall be deemed to have reached a settlement through mediation by the Tribunal.
Where the parties reach a settlement through mediation by the Tribunal, the parties shall sign a written settlement agreement; the Tribunal shall produce a written mediation statement or award based on the settlement agreement.
Article 58 The written mediation statement shall specify the Statement of Claim and the results of the agreement reached by the parties. The written mediation statement shall be signed by the arbitrators, affixed with the Commissions seal and delivered to both parties.
The written mediation statement shall become legally effective immediately after both parties have signed for receipt thereof.
If the written mediation statement is repudiated by a party before such party signs for receipt thereof, the Tribunal shall promptly render an award.
Article 59 The award shall be rendered in accordance with the majority opinion of the Tribunal. Any disagreement by the minority may be noted in the record. If the Tribunal cannot obtain a majority judgement, the award shall be rendered in accordance with the decision of the chief arbitrator.
Article 60 If the Tribunal deems it necessary, or pursuant to a partys request and the Tribunals approval, the Tribunal may render an interim or partial award on any issue in dispute prior to making a final award. A party's failure to perform the interlocutory award shall not affect the continuation of the arbitral procedures or the making of the final award by the Tribunal.
Article 61 The Tribunal shall render an award within four months of the formation of the Tribunal (excluding the time required for conducting appraisal or making a public announcement). If there is a special reason to extend the time limit, the chief arbitrator may submit a request to extend the time limit, subject to the approval of the Secretary General of the Commission.
Article 62 The award shall specify the Statement of Claim, the facts of the dispute, the reasons for the award, the actual award, the sharing of arbitration fees and the date of the award.
If the parties so agree, the facts of the dispute and the reasons for the decision may be omitted from the award.
The award shall be signed by the arbitrators. An arbitrator who disagrees with the award may elect not to sign the award, provided, however, that he/she shall provide his/her decision and reasons therefor to the Tribunal in writing.
Article 63 The Commission shall affix its seal to the award after the arbitrators have signed it.
Article 64 The award shall be legally effective as of the date it is made. The award is final and shall be binding on the parties.
Article 65 The Tribunal shall rectify any typographical or computational errors in the award, and shall make additions or corrections in respect of any items which have been decided by the Tribunal but omitted from the award. If the Tribunal fails to render a decision on any item in the Application for Arbitration, it shall issue a supplementary award.
If the parties discover that any of the above-mentioned circumstances exist, they may, within 30 days from the date of receipt of the award, request in writing that the Tribunal make corrections or additions to the award or issue a supplementary award.
Any corrections, additions or supplementary awards shall be integral parts of the original award.
Article 66 A party may apply to the intermediate people's court in the place where the Commission is located for cancellation of an award within six months from the date of receipt of the award, provided the party can produce evidence to prove that:
(1) there was no Arbitration Agreement;
(2) the matters referred to arbitration did not fall within the scope of the Arbitration Agreement, or were those which the Commission had no right to arbitrate;
(3) the formation of the Tribunal or the proceedings of arbitration violated legal procedures;
(4) the evidence on which the award was based was forged;
(5) the other party concealed evidence to the extent that the impartiality of the award was affected; or
(6) during the course of arbitrating the case, an arbitrator sought or accepted bribes, engaged in malpractice for his/her own benefit or rendered an award in disregard of the law.
Article 67 The parties are required to implement the award within the time limit specified in the award. If no time limit is specified in the award, the parties shall implement the award immediately.
If one party fails to implement the award, the other party may apply to the peoples court for enforcement of the award pursuant to the relevant provisions of the Civil Procedure Law.
Article 68 The arbitration fees shall be borne in principle by the losing party. If a party wins part of the case and loses part of the case, the Tribunal shall decide on the proportion of each party's share of fees based on each party's respective liabilities. If the parties reach an amicable settlement on their own or through the Tribunal's mediation, thus bringing an end to the case, the parties may determine the proportion of their respective share of fees through consultation.
The Tribunal may decide in the award that the losing party compensates the winning party for reasonable costs and expenses in dealing with the case.
In the event that the arbitration fees are increased because one party employs overseas arbitrator(s), or the arbitral procedures are delayed due to other reasons of one party, such party shall be responsible for the additional fees.
Article 69 In accordance with the provisions of Article 61 of the Arbitration Law, if the Tribunal agrees to re-arbitrate the case, the Commission shall not charge application fees.
If the Tribunal makes corrections or additions or makes a supplementary award in accordance with Article 65 of these Rules, the Commission shall not charge any additional fees.
Article 70 If the Claimant withdraws the Application for Arbitration after the Commission has accepted the Application for Arbitration but before the formation of the Tribunal, or if the Application for Arbitration is withdrawn after the parties have reached an amicable settlement between themselves, the Commission shall refund the prepaid acceptance fees. However, depending on circumstances, the Commission may assess partial fees for the handling of the case.
If, after the formation of the Tribunal, the Claimant withdraws the Application for Arbitration, or the parties reach an amicable settlement between them and withdraw the Application for Arbitration, the Commission shall refund part of the prepaid acceptance and case handling fees, depending on circumstances.
Chapter VI Simplified Proceedings
Article 71 Unless otherwise agreed to by the parties, these simplified procedures shall apply to disputes involving an amount not exceeding RMB 500,000.
After the Claimant submits an Application for Arbitration to the Commission, if the Application for Arbitration is accepted after examination by the Commission and these simplified procedures are deemed to apply, the Commission shall promptly send to the Claimant and respondent a Notice of Acceptance and a Notice Requesting Defense, respectively.
The parties shall, within 10 days of the Respondents receipt of the Notice Requesting Defense, jointly appoint a sole arbitrator or jointly authorize the Chairman of the Commission to designate a sole arbitrator from the registry of arbitrators. For cases involving foreign matters, the arbitrator will be selected from the registry of arbitrators dealing with foreign-related cases. In the event that the parties fail to choose or authorize the Chairman of the Commission to designate an arbitrator within the stipulated time, the Chairman of the Commission shall promptly designate a sole arbitrator to form the Tribunal to hear the dispute.
If the parties agree to apply the normal arbitral procedures to a dispute involving an amount not exceeding RMB 500,000, the resulting additional arbitration fees shall be borne by the parties.
Article 72 These simplified procedures may also apply to disputes involving an amount exceeding RMB 500,000 if so agreed by the parties.
The parties may agree to jointly select a sole arbitrator or jointly authorize the Chairman of the Commission to designate a sole arbitrator from the registry of arbitrators, who shall form the Tribunal to handle the dispute pursuant to these simplified procedures.
In the event that the parties fail to appoint a sole arbitrator or to authorize the Chairman to designate a sole arbitrator within 15 days (20 days for cases involving foreign matters) of the Respondents receipt of the Notice Requesting Defense, the Chairman shall promptly designate the sole arbitrator to form the Tribunal to hear the dispute.
Article 73 The Respondent shall submit its Statements of Defense and relevant evidentiary documents and materials to the Commission within 10 days (30 days for cases involving foreign matters) of receiving the copy of Application for Arbitration. The Respondent may also submit its counterclaim, if any, and the relevant evidentiary documents and materials within such a stipulated time period. The Tribunal shall decide whether or not to accept counterclaims and evidentiary materials submitted beyond the stipulated time period.
Article 74 Requests by the Claimant to amend its claims or by the Respondent to amend its counterclaims shall be made in writing, and the Tribunal shall determine whether or not to accept such requests.
If the Tribunal accepts such a request from one party, the other party shall submit in writing its Statement of Defense regarding the claims or counterclaims under amendment and submit such to the Commission within 10 days of receipt of the request for amendment.
Article 75 The parties shall submit the necessary written materials and evidence as required by arbitration in accordance with the requirements and time limits set by the Tribunal.
Article 76 For a case requiring hearings, after the Tribunal has fixed a date for the hearing, the Commission shall notify the parties of said date three days (10 days for cases involving foreign matters) prior to the same.
If the Tribunal decides to hold hearings, the case shall be conducted in one session. If absolutely necessary, the Tribunal may decide to hold a second session. Subsequent to the first session, any notices of the hearing date are not subject to the three-day advance notification time limit (or 10-day time limit for disputes involving foreign matters).
Article 77 During the process of these simplified procedures, the failure of any party to observe the proceedings shall not affect the carrying out of the procedures or the giving of an award by the Tribunal.
Article 78 Amendments to claims or submissions of counterclaims which result in the amount involved exceeding RMB 500,000 shall not affect the implementation of the simplified procedures. However, if the Tribunal deems it necessary, it may apply to the Chairman of the Commission for the formation of a three-arbitrator Tribunal to handle the dispute according to the normal procedures.
If the Chairman of the Commission determines that the dispute should be handled in accordance with the normal procedures, the parties shall be requested to appoint respective arbitrators or authorize the Chairman to designate one within five days thereof, according to the provisions of these Rules. Except when otherwise agreed by the parties, the sole arbitrator appointed for the simplified procedures shall become the chief arbitrator for the normal procedures.
The new Tribunal shall decide whether or not to repeat the arbitral procedures carried out prior to its formation. The simplified procedures shall no longer be applicable to those arbitral procedures carried out after the formation of the new Tribunal.
Article 79 The Tribunal shall make an award within 75 days of the formation of the Tribunal. For foreign-related arbitration cases, if hearings are held, the award shall be made within 30 days of the hearing or, if there are two hearings, of the second hearing. If the dispute is handled in writing, the award shall be made within 90 days of the formation of the Tribunal.
If special circumstances require an extension of these time periods, the sole arbitrator shall submit a request to the Chairman of the Commission and, upon the approval thereof, the time period may be appropriately extended.
Article 80 For matters not covered in this chapter, the relevant provisions of other chapters of these Rules shall apply.
Chapter VII Special Provisions for Foreign-Related Arbitral Procedures
Article 81 The provisions of this chapter shall apply to the arbitration of disputes involving foreign economic, trade, transportation and maritime matters. Where such matters are not provided for in this chapter, the other relevant provisions of these Rules shall apply.
Article 82 If the parties disagree as to whether the dispute in question involves foreign matters, the Tribunal shall make the final decision.
Article 83 After accepting an Application for Arbitration, the Commission shall promptly send to the Claimant these Rules and the registry of arbitrators handling foreign-related cases, and shall also send to the Respondent a copy of the Application for Arbitration, as well as these Rules and the registry of arbitrators dealing with foreign-related cases.
The Respondent shall submit to the Commission its Statement of Defense and relevant evidentiary documents and materials in writing within 45 days of its receipt of the Notice Requesting Defense. After receiving such, the Commission shall promptly deliver a duplicate of the same to the Claimant. Should the Respondent fail to submit the Statement of Defense, the implementation of the arbitration procedures shall not be affected.
Article 84 If the Respondent has counterclaims, they shall be submitted in writing to the Commission within 45 days of the Respondents receipt of the Notice Requesting Defense. If such counterclaims are submitted beyond the aforementioned time period, the Tribunal shall decide whether or not to accept them.
After the Commission receives the application for counterclaims from the Respondent, it shall deliver the same promptly to the Claimant. The Claimant shall submit its Statement of Defense in writing to the Commission within 45 days of its receipt of the counterclaim application. Should the Claimant fail to submit such statements, the arbitral proceedings shall not be affected.
Article 85 Applications made by the Claimant for amendments to claims or by the Respondent for amendments to counterclaims shall be submitted in writing; the Tribunal shall decide whether or not to accept such applications.
If the Tribunal decides to accept such an application from one party, the other party shall submit to the Commission in writing a Statement of Defense with respect to the amended claims or counterclaims within 45 days of its receipt of the application for amendments thereto.
Article 86 If a party applies for preservation of the other partys property, the Commission shall submit the application for a ruling to the intermediate people's court where the residence of the other party or the property in question is located.
If a party applies for preservation of evidence, the Commission shall submit the application for a ruling to the intermediate people's court at the place where the evidence in question is located.
Article 87 If both parties fail to appoint or authorize the Chairman of the Commission to designate an arbitrator, or fail to jointly appoint or authorize the Chairman of the Commission to designate the third arbitrator within 20 days of the Respondents receipt of the Notice Requesting Defense, the arbitrators shall be designated by the Chairman of the Commission.
Article 88 After the Tribunal is formed, the Commission shall immediately notify the parties in writing of its composition.
If an arbitrator cannot perform his/her duties due to withdrawal or any other reason, a new arbitrator shall be selected by the relevant party/parties in accordance with the procedures stipulated in Articles 27 of these Rules within 20 days of the receipt of a notice from the Commission.
Article 89 The Commission shall notify the parties 30 days in advance of the date of the hearing. The hearing may be held on an earlier date, if the parties so request and the Tribunal so approves after consultations. If a party has good cause for postponement of the hearing, it may make a written request for a postponement 12 days prior to the date of the said hearing. The Tribunal shall decide whether or not to allow the postponement.
Notices for hearings subsequent to the first hearing are not subject to the aforementioned 30-day advance notification requirement.
Article 90 The Tribunal shall make an award within eight months of the formation of the Tribunal. If special circumstances require this time period to be extended, the chief arbitrator or the sole arbitrator shall report such to the Secretary General of the Commission for approval and, upon approval thereof, the time period may be appropriately extended.
Article 91 The simplified procedures shall apply to cases covered by the provisions of Articles 71 and 72 of these Rules.
Article 92 The Tribunal shall make an award independently and impartially on the basis of facts, pursuant to the provisions of law and contract, with reference to international practices and in accordance with the principles of fairness and reasonableness.
Article 93 If one party fails to implement a legally effective award, the other party may, in pursuance with the provisions of Chinese law, apply to the competent Chinese court with jurisdiction for enforcement of the award or, in accordance with the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards or other international treaties to which China is a signatory or a party, apply to a competent foreign court with jurisdiction for enforcement of the award.
Chapter VIII Suspension and Termination of Arbitral Procedures
Article 94 Arbitral procedures shall be suspended under any of the following circumstances, namely, where:
(1) one party is unable to participate in the arbitration due to events or reasons beyond its control;
(2) the dispute in question must be heard based on the findings of another case which has not yet been concluded;
(3) one party is dead or terminated, and a successor to its rights and obligations has yet to be determined; or
(4) there exist other circumstances which require the suspension of arbitral procedures.
Article 95 Upon removal of the reasons for suspension, the arbitral procedures shall be resumed.
Article 96 Arbitral procedures shall be terminated under any of the following circumstances, namely, where:
(1) one party is dead or terminated, and no successor to its rights and obligations has been determined;
(2) one party is dead and the successor to his/her rights and obligations has indicated unwillingness to participate in the arbitration; or
(3) there exist other circumstances which require the termination of arbitral procedures.
Article 97 Any suspension or termination of arbitral procedures prior to the formation of the Tribunal shall be decided by the Commission. Any suspension or termination of arbitral procedures after the formation of the Tribunal shall be decided by the Tribunal.
Chapter IX Term and Delivery
Article 98 The time period shall be counted in units of days, months and years. The hour and the day when the time period commences shall not be counted as being within the time period.
If the last day of a time period falls on a holiday, the expiry date of such a period shall be the first day following the holiday.
The time during which materials are in transit shall not be counted as being within the time period itself. The arbitration documents, materials and notices shall be deemed as properly delivered if they have been delivered for mailing or dispatched before the expiration of the time period.
Article 99 If any party must extend the time period due to events beyond its control or due to any other good cause, it may accordingly apply for extension of the time period within 10 days of the resolution of such events or causes. The Commission or the Tribunal shall decide whether or not to approve such an extension.
Article 100 The documents, notices and materials related to the arbitration may be delivered to the parties or their representatives in person, or by mail, telegraph, facsimile, as well as by leaving the documents at the place of abode or by public announcements.
Article 101 If the arbitration documents, notices or materials are handed over to the receiving party in person or are delivered by post to its place of business, usual place of residence or mailing address, the said documents shall be deemed as having been properly delivered.
If delivery cannot be carried out by the aforementioned means, the delivering party may invite a notary to be present and leave the written materials to be delivered at the last known place of business, usual place of residence or mailing address of the receiving party after such materials are jointly signed by or affixed with the seals of the delivering party and the notary. After recording the circumstances and date of delivery on the acknowledgement receipt, such materials shall be deemed as having been properly delivered.
If delivery is conducted by means of public announcement, the materials shall be deemed as having been properly delivered after 60 days of the announcement.
Article 102 If delivery is conducted in person, the arbitration documents, notices and materials shall be accompanied by an acknowledgement receipt on which the receiving party shall write the date of delivery and provide its signature or affix its seal. The date written on the receipt by the receiving party shall be deemed as the delivery date.
If such materials are delivered by mail, the date of receipt indicated on the acknowledgement receipt shall be deemed as the delivery date.
If such materials are delivered by being left at the last known place of business, usual place of residence or mailing address, the date of the signing and execution by the notary on the acknowledgement receipt shall be deemed as the delivery date.
Chapter X Supplementary Provisions
Article 103 The Chinese language shall be the official language of the Commission, unless the parties have agreed otherwise, in which case such agreement shall prevail.
During the arbitration hearings, if any party involved or its representatives or witnesses are in need of translation, the office of the Commission may provide translators for them, or such a party may provide its own translators, in which case the fees for such translators shall be borne by the said party.
Article 104 If the law stipulates time periods for arbitration, such stipulations shall apply. If the law has no such stipulations, the provisions used for time periods for litigation procedures shall apply.
Article 105 If the Arbitration Agreement provides that arbitration shall be conducted by the Commission or the arbitration commission of Beijing Municipality, it shall be deemed that both parties have agreed that arbitration shall be conducted by the Commission.
If parties to domestic disputes expressly indicate in their Arbitration Agreement that arbitration shall be conducted by an arbitration agency or organization in Beijing Municipality, or if there are other unambiguous statements from which it can be inferred that the Commission is to conduct the arbitration, the parties shall be deemed to have agreed that arbitration shall be conducted by the Commission.
Article 106 The Commission shall have the right to interpret these Rules.
Article 107 These Rules shall be implemented as of 1 August 2001. For those cases that have already been accepted by the Commission before the implementation of these Rules, the arbitration rules in effect at the time of their acceptance shall apply; however, these Rules may be applied if the parties so agree.