Codes for Arbitrators

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Rules Employ Efficiency Standard The award Assessment

Provisions on Enhancing Efficiency of Arbitration

(Revised and adopted at the 5th Meeting of the Third Session of the Beijing Arbitration Commission on September 16, 2003. Effective as from March 1, 2004)

Article 1 These Codes are formulated in order to meet the parties’ reasonable expectation of resolving dispute in a quick and fair manner through arbitration and to enhance and develop the efficiency and advantages of arbitration.

Article 2 Upon being selected by the parties or appointed by the director of the Beijing Arbitration Commission (the BAC), the arbitrator shall award the case within the time limit required by the Arbitration Rules of BAC(the Arbitration Rules) and these Codes by spending and putting proper time and efforts.

Article 3 In the event that the arbitrator cannot hear the case up to 20 consecutive days upon the constitution of the Arbitral Tribunal, he/she shall notice the BAC in a timely manner and elect whether or not to accept the selection or the appointment or to withdraw from the arbitration subject to circumstance. In the event that the arbitrator cannot hear the case up to 60 consecutive days within the time limit of hearing, he/she shall refuse the selection or the appointment or withdraw from the arbitration.

Article 4 “Delay” in these Codes shall mean the arbitral hearing exceeds the time limit indicated herein which is required for each hearing, panel discussion or making and reviewing award due to any reason that can be controlled by the arbitrator, including not being in the office or attending a meeting during such time limit.

Any arbitral hearing exceeds the time limit required for making award under the Arbitration Rules (“arbitral time limit”) due to such delay shall be defined as exceeding the arbitral time limit under these Codes.

Above paragraph is not applicable where the delay or the arbitral time limit is exceeded due to reasons of the parties or the case per se or any other reason that is not controllable by the arbitrator.

Article 5 Where the Arbitral Tribunal exceeds the arbitral time limit as a result of delay, the arbitrator who has the act of delaying shall be responsible for such consequence.

Time of delay shall be calculated from the next day as of the date of expiration of relevant time limit required for each hearing, panel discussion or making and reviewing award under these Codes. However, in ordinary procedures, it shall be calculated from the next day as of the hearing schedule fixed by the Arbitral Tribunal during aforesaid time limit.

Article 6 The arbitrator shall promptly notify the secretary of the Arbitral Tribunal or the chief arbitrator of his available work time, which shall be no less than 10 days per month within the arbitral time limit, upon receiving the notice of constitution of Arbitral Tribunal. The secretary, after obtained information of such work time, shall discuss the arbitration schedule with the chief arbitrator and notify other arbitrators of such schedule in a timely manner.

The arbitrator and the secretary shall follow the arbitration schedule strictly and shall not change such schedule at his/her own discretion.

Article 7 The Arbitral Tribunal shall hold hearing within 30 days (45 days for international commercial cases) as of the date on which the Arbitral Tribunal is constituted. For a documents-only arbitration which requires panel discussion, the panel discussion shall be completed within such time limit. The aforesaid time limit can be extended if the Arbitral Tribunal requests the parties to submit supplementary evidence or summons both parties to exchange their evidence.

The time interval between two hearings shall not exceed 30 days. Where the Arbitral Tribunal orders the parties to submit supplementary evidence, it shall hold another hearing within 20 days upon the expiry of the time limit for the evidence cross-examination between the parties. Where the case involves appraisal or audit, the Arbitral Tribunal shall hold another hearing within 20 days as of the date it receives the appraisal or audit report or the date it receives the review report of such appraisal or audit if it is being reviewed.

Article 8 After the hearing schedule or the hearing date of the Arbitral Tribunal is fixed, the arbitrator shall put in his/her best effort to refrain himself /herself from altering the hearing schedule or the hearing as a result of personal reason. If the arbitrator could or should foresee that he/she will be unavailable to participate in the hearing, he/she shall notify the chief arbitrator and the secretary 5 days prior to the first hearing (3 days for subsequent hearing) and take reasonable remedial measure, or otherwise he/she will be deemed as absence without cause.

Article 9 The Arbitral Tribunal shall make the award within 30 days as of the date the hearing is closed, i.e. the date the last hearing is closed or the date of the expiry of the time limit for the parties to present closing statement or conduct evidence cross-examination.

The chief arbitrator shall organize panel discussion in proper way at the date of close of hearing or no later than 7 days as of such date to discuss the facts, evidence, nature, liability, applicable law, award opinions and reasons of the case. Where the Arbitral Tribunal reaches general consensus of the award,the chief arbitrator or the arbitrator appointed by him/her shall draft the award within 7 days as of the date of the panel discussion. Where the Arbitral Tribunal cannot reach general consensus of the award with or without panel discussion, the arbitrators shall, within 5 days as of the date of close of hearing or the date of the panel discussion, file their written opinions in terms of the facts, evidence, nature, liability, applicable law, award opinions and reasons of the case. The chief arbitrator or the arbitrator appointed by him/her shall summarize those written opinions and write the draft of the award, and other arbitrators shall file their review comments within 5 days upon receipt of such draft.

Where the Arbitral Tribunal significantly differs on the draft of the award, the chief arbitrator may organize another panel discussion and the Arbitral Tribunal may request the BAC to conduct expert consultation. The Arbitral Tribunal shall make the award in accordance with the provisions set forth in the second paragraph of this Article 9 after such discussion or consultation.

Article 10 The arbitrator shall attend the hearing, panel discussion, investigation and participate in other relevant work on time, and he/she shall not be absent from hearing without cause, or late for work, or leave early from work. Before the case is closed, if the normal course of hearing or the award making might be affected due to the arbitrator is not being in the office, or has to attend a meeting or change of his/her contact information or otherwise any other reason, the arbitrator shall promptly notify the secretary and update his/her contact information.

If the arbitrator is in violation of provisions under above paragraph, he/she shall be responsible for any delay of hearing, panel discussion and award making caused by such violation. The arbitrators who duly attend relevant procedures may decide any procedural issue other than a hearing-related one despite of absence of any peer.

Article 11 Where the hearing is delayed up to 20 days as a result of violation hereof by the arbitrator, the BAC will issue an Alert Notice to such arbitrator for his/her attention. Where the arbitral time limit is exceeded up to one month due to delay of the Arbitral Tribunal, the same notice will be issued to the Arbitral Tribunal.

Article 12 The following provisions shall apply if the arbitrator is in delay:

Where the case is delayed up to 20 days, the BAC will issue him/her the Alert Notice urging the timely hearing of the case. If the arbitrator failed to correct, the number of cases then under his/her hearing will be deemed as the maximum number of cases (no more than 10 cases) he/she can simultaneously hear, and if later the number of his/her cases reaches such limit, the director of the BAC will stop appointing him/her as the arbitrator, should the parties do select him/her as the arbitrator, the secretary shall be obliged to inform the parties his/her history record of delay.
Where 3 cases of him/her are in delay or the aggregated time of delay is up to 50 days, the director of the BAC will stop appointing him/her as the arbitrator in a year, should the parties do select him/her as the arbitrator, the secretary shall be obliged to inform the parties his/her history record of delay.
Where the arbitral time limit is exceeded due to the delay is up to 20 days, or it is exceeded for two months due to joint reasons of each member of the Arbitral Tribunal, the relevant case will be recorded in the computer system for the parties’ reference.
Where the arbitral time limit is exceeded severely as a result of arbitrator’s the delay, the BAC shall have the right to replace him/her with the parties’ consent.
In the event of delay by the arbitrator, the BAC will reduce his/her remuneration subject to the gravity of circumstance. The BAC may also cease to renew or terminate the employment with him/her if he/she cannot meet the relevant employment requirements.

Article 13 The secretary shall work diligently and enhance his/her work efficiency. He/she is required to prepare Procedural Status Report subject to the actual status of the arbitration procedures and submit it to the arbitrator in a timely manner.

Article 14 These Codes are effective as of March 1, 2004.

Codes of Enhancing Arbitration Efficiency for Arbitrators

(Revised and adopted at the 5th Meeting of the Third Session of the Beijing Arbitration Commission on September 16, 2003. Effective as from March 1, 2004)

Article 1 These Codes are formulated in order to meet the parties' reasonable expectation of resolving dispute in a quick and fair manner through arbitration and to enhance and develop the efficiency and advantages of arbitration.

Article 2 Upon being selected by the parties or appointed by the director of the Beijing Arbitration Commission (the BAC), the arbitrator shall award the case within the time limit required by the Arbitration Rules of BAC(the Arbitration Rules) and these Codes by spending and putting proper time and efforts.

Article 4 "Delay" in these Codes shall mean the arbitral hearing exceeds the time limit indicated herein which is required for each hearing, panel discussion or making and reviewing award due to any reason that can be controlled by the arbitrator, including not being in the office or attending a meeting during such time limit.

Any arbitral hearing exceeds the time limit required for making award under the Arbitration Rules ("arbitral time limit") due to such delay shall be defined as exceeding the arbitral time limit under these Codes.

Article 5 Where the Arbitral Tribunal exceeds the arbitral time limit as a result of delay, the arbitrator who has the act of delaying shall be responsible for such consequence.

The arbitrator and the secretary shall follow the arbitration schedule strictly and shall not change such schedule at his/her own discretion.

The chief arbitrator shall organize panel discussion in proper way at the date of close of hearing or no later than 7 days as of such date to discuss the facts, evidence, nature, liability, applicable law, award opinions and reasons of the case. Where the Arbitral Tribunal reaches general consensus of the award, the chief arbitrator or the arbitrator appointed by him/her shall draft the award within 7 days as of the date of the panel discussion. Where the Arbitral Tribunal cannot reach general consensus of the award with or without panel discussion, the arbitrators shall, within 5 days as of the date of close of hearing or the date of the panel discussion, file their written opinions in terms of the facts, evidence, nature, liability, applicable law, award opinions and reasons of the case. The chief arbitrator or the arbitrator appointed by him/her shall summarize those written opinions and write the draft of the award, and other arbitrators shall file their review comments within 5 days upon receipt of such draft.

Article 11 Where the hearing is delayed up to 20 days as a result of violation hereof by the arbitrator, the BAC will issue an Alert Notice to such arbitrator for his/her attention. Where the arbitral time limit is exceeded up to one month due to delay of the Arbitral Tribunal, the same notice will be issued to the Arbitral Tribunal.

Article 12 The following provisions shall apply if the arbitrator is in delay:

Where the case is delayed up to 20 days, the BAC will issue him/her the Alert Notice urging the timely hearing of the case. If the arbitrator failed to correct, the number of cases then under his/her hearing will be deemed as the maximum number of cases (no more than 10 cases) he/she can simultaneously hear, and if later the number of his/her cases reaches such limit, the director of the BAC will stop appointing him/her as the arbitrator, should the parties do select him/her as the arbitrator, the secretary shall be obliged to inform the parties his/her history record of delay.
Where 3 cases of him/her are in delay or the aggregated time of delay is up to 50 days, the director of the BAC will stop appointing him/her as the arbitrator in a year, should the parties do select him/her as the arbitrator, the secretary shall be obliged to inform the parties his/her history record of delay.
Where the arbitral time limit is exceeded due to the delay is up to 20 days, or it is exceeded for two months due to joint reasons of each member of the Arbitral Tribunal, the relevant case will be recorded in the computer system for the parties' reference.
Where the arbitral time limit is exceeded severely as a result of arbitrator' s the delay, the BAC shall have the right to replace him/her with the parties' consent.
In the event of delay by the arbitrator, the BAC will reduce his/her remuneration subject to the gravity of circumstance. The BAC may also cease to renew or terminate the employment with him/her if he/she cannot meet the relevant employment requirements.

Codes of Work of Arbitrators

In order to regulate trial work of arbitrators and ensure such work to be carried out in a just and efficient manner, these Codes are made in accordance with the Arbitration Law of the People' s Republic of China, Arbitration Rules of the Beijing Arbitration Commission (effective as of March 1, 2004; hereinafter referred to as the Arbitration Rules), Codes of Conduct of Arbitrators of the Beijing Arbitration Commission (hereinafter referred to as the Codes of Conduct) and Codes of Enhancing Arbitration Efficiency for Arbitrators (hereinafter referred to as the Codes of Efficiency). These Codes are not an integral part of the Arbitration Rules.

I. Acceptance of the selection or the appointment

1.Arbitrator who accepts the selection or the appointment shall sign the Arbitrator Statement and the Form of Information Disclosure of Arbitrator. Where there is any circumstance under which the arbitrator shall withdraw from the case or any circumstance that prevents the arbitrator from accepting the selection or the appointment in accordance with the Arbitration Rules, the arbitrator shall voluntarily withdraw from the case or make relevant statement.

The arbitrator shall make written disclosure of any matter prescribed in Article 5 of the Codes of Conduct (if any).

2.When accepting the selection or the appointment, the arbitrator shall guarantee that he/she has sufficient time to participate in hearing, discussion, investigation, award making and other relevant work. Where the arbitrator is uncertain about whether or not he/she has such sufficient time for work, he/she shall promptly inform the Beijing Arbitration Commission (BAC) and the BAC will decide whether to inform the parties to re-select the arbitrator or to re-appoint the arbitrator by the director of the BAC.

In the event that the arbitrator cannot hear the case for 20 consecutive days upon the constitution of the Arbitral Tribunal, or he/she cannot hear the case for 60 consecutive days within the time limit of hearing, he/she shall, in accordance with the provisions under the Codes of Efficiency, notice the BAC in a timely manner and elect whether or not to accept the selection or the appointment or to withdraw from the arbitration subject to circumstance.

For cases apply the ordinary procedure, the Arbitral Tribunal shall hold the first hearing within one month as of the date on which the Arbitral Tribunal is constituted, for cases apply the summary procedure, the time limit is 15 days, and for international commercial cases, 45 days.

When fixing the time of hearing, in addition to compliance with the RULES and the Codes of Efficiency, the Arbitral Tribunal shall also consider whether the parties will be allowed sufficient time to study all case-related evidence before the hearing.

3.After the hearing schedule or the hearing date of the Arbitral Tribunal is fixed, the arbitrator shall put in his/her best effort to refrain himself/herself from altering the hearing schedule or the hearing as a result of personal reason. If the arbitrator could or should foresee that he/she will be unavailable to participate in the hearing, he/she shall notify the chief arbitrator and the secretary 5 days prior to the first hearing (3 days for subsequent hearing) and take reasonable remedial measure, or otherwise he/she will be deemed as absence without cause.

II. Pre-hearing preparation

4.The arbitrator shall thoroughly review the materials submitted by the parties and cross-examine the following issues:

(1) Identification of the parties, including whether the names of the parties are in consistent with the same in relevant contract, Statement of Claim, Statement of Defence, license or approval, and whether such license or approval submitted by the parties is valid, and whether the parties are qualified as the civil subjects of arbitration;

(2) Whether the claim is clear and is subject to arbitration in accordance with relevant arbitration agreement, and whether the parties has filed any jurisdictional objection;

(3) Whether the defence is clear and targeted, and whether the respondent has filed any counterclaim and completed relevant formalities.

(4) Whether the materials submitted by the parties are complete. If there is missing or incomplete page or supplementary material is required, the arbitrator shall inform the secretary to notify the parties to further submit or complete the materials.

(5) Other issues required to be cross-examined.

The arbitrator may take review notes of the case materials.

5.The members of the Arbitral Tribunal shall review the case materials respectively. Prior to the first hearing, the chief arbitrator shall summon and preside at the case review conference to clarify the following issues:

(1) Disputed issues of both parties and key issues of the hearing;

(2) Scope of evidence production and cross-examination, and draw up the list of evidence for hearing;

(3) Order and steps of the hearing;

(4) Laws, rules and pertinent professional knowledge in connection with the case;

(5) Division and coordination of arbitrators' work during the hearing; and

(6) Other issues require attention of the Arbitral Tribunal.

The chief arbitrator is responsible for drafting the hearing synopsis.

6.The Arbitral Tribunal shall hold the case review conference in the premises of the BAC. The arbitrator shall attend the conference on time. In order to ensure the outcome of the conference, the first case review conference shall be held one hour prior to the hearing unless the members of the Arbitral Tribunal has exchanged their views in other forms before the conference is held.

7.The Arbitral Tribunal may take necessary measures to efficiently carry forward the arbitration procedures subject to actual circumstance of the case, such measures include but not limited to:

(1) Notify both parties in written the case hearing schedule and the time limit for each relevant procedure. After the case hearing schedule is fixed, the Arbitral Tribunal and both parties shall follow such schedule strictly and shall not change it at their own discretion.

(2) Summon both parties to exchange their evidence and jointly draw up a list of the disputed issues and define the scope of the hearing in accordance with Article 32 under the Arbitration Rules. The Arbitral Tribunal will not accept any further amendment of claim or counterclaim after the said disputed issues and the scope of the hearing are determined unless under exceptional circumstances.

(3) Request the parties to produce evidence within a specified period of time and duly inform the parties the legal consequence of not produce evidence within such period of time in accordance with section 2 of Article 29 under the Arbitration Rules. Where the parties find difficult to produce evidence within the prescribed time limit, the Arbitral Tribunal may properly extend such time limit provided that the parties apply to the Arbitral Tribunal for such extension within the said prescribed time limit and such application is approved by the Arbitral Tribunal.

(4) Notify and request both parties to provide explanation or supplementary materials regarding the written opinions submitted by them and issues mentioned in their evidence.

III. Pre-hearing routines

8.The chief arbitrator or the sole arbitrator shall verify the identification of the parties or their authorized representatives in front of the tribunal.

9.Announce the hearing and go through following procedures in sequence:

(1) The Arbitral Tribunal announces the list of its members, the secretary, translators and the appraisers, and inquires the parties if they intend to challenge the arbitrator and to raise any objection against any person in front of the tribunal or the jurisdiction;

(2) The Arbitral Tribunal inquires both parties if they intend to raise any objection against any arbitration procedure that has been went through prior to the hearing and The Arbitral Tribunal shall take corresponding remedial measures with respect to any objection so raised; and

(3) The Arbitral Tribunal announces the hearing discipline and informs the parties the primary rights and obligations during the course of the arbitration they' re entitled to.

IV. The hearing

10.The Arbitral Tribunal shall emphasize the hearing on the claim, the determined disputed issues and the evidence produced prior to the expiry of the corresponding time limit during the hearing.

11.The hearing may be divided into several stages, such as stage of statement, defence, investigation, argument and closing statement. The inquiries are generally conducted by the chief arbitrator. The investigation shall be emphasized on the disputed issues and conducted via evidence production and cross-examination by the parties. Where the parties request conciliate the case or the parties agree to the conciliation by the tribunal, the conciliation can be conducted before, during or after the investigation. Where the Arbitral Tribunal determines not to hold any further hearing, it shall render the parties opportunity of making closing statement.

12.During the hearing, the Arbitral Tribunal shall direct both parties to cross-examine all evidences that have been produced. Evidence exchanged between and accepted by the parties prior to the hearing may be put on record without being presented or cross-examined at the hearing if the Arbitral Tribunal affirms that the evidence has been exchanged between and accepted by the parties. Generally the Arbitral Tribunal will not admit any evidence produced after the expiry of required time limit or any evidence produced at the hearing. If the Arbitral Tribunal determines to admit such evidence in view of actual circumstance, it shall inquire if the opposing party agrees to cross-examine such evidence during the hearing and the opinion of the opposing party shall be conclusive.

13.Where there are two or more independent questions of fact or questions of law that require review, the Arbitral Tribunal may review each question respectively. The parties are not required to produce or cross-examine evidence against any undisputed fact.

14.Evidence cross-examination during the hearing can be conducted in following sequence:

(1) The claimant presents and explains the evidence;

(2) The respondent cross-examines the evidence;

(3) The respondent presents and explains the evidence;

(4) The claimant cross-examines the evidence;

(5) The Arbitral Tribunal presents evidence is acquired prior to the hearing, and the parties may cross-examine such evidence.

15.The parties shall present their evidence at the hearing in accordance with following requirements:

(1) Documentary evidence must be presented with its original copy. Documentary evidence in foreign language shall be accompanied by Chinese translation with seal of translation agency. If any party finds it difficult to present the original copy of the evidence at the hearing, it may, with consent of the Arbitral Tribunal, present its photo copy or transcription and indicate its consistency with the original copy. If the opposing party insists to verify the original copy, the Arbitral Tribunal shall direct both parties to verify the original copy. If the content of the evidence is unclear, the Arbitral Tribunal shall request the party which produced such evidence to make necessary restatement or identification.

(2) Physical evidence must be presented with its original form. If any party finds it difficult to present the original form of the evidence at the hearing, it may, with consent of the Arbitral Tribunal, present its reproduction or photograph.

(3) The witness shall present himself/herself in front of the Arbitral Tribunal answering questions from the parties and their authorized representatives. The Arbitral Tribunal shall verify the witness' s identification and his/her relationship with the parties and inform him/her his/her rights, obligations and liabilities with respect to the testification. Where the witness finds it difficult to present himself/herself at the hearing, he/she may provide the Arbitral Tribunal with his/her testimony instead.

(4) Audio-visual material shall be accompanied by written statement, and if necessary, it shall be played at the hearing.

16.Where the Arbitral Tribunal requests a party to cross-examine the evidence presented at the hearing by its opposing party, such party may manifest its opinions of recognition or objection to or against such evidence to the Arbitral Tribunal, the party may also argue the evidence or produce counterevidence.

The burden of proof of one party will not be released if the aforesaid argument or the counterevidence is sufficient to rebut the principal evidence produced by it.

17.In the event that the evidence presented by one party has not been exchanged prior to the hearing, and where the opposing party agrees to cross-examine such evidence at the hearing, then it may be cross-examined at the hearing, where the opposing party does not agree to cross-examine such evidence at the hearing, it must not be cross-examined at the hearing.

18.After the parties cross-examined the evidence, the Arbitral Tribunal shall, subject to the actual circumstance of the case, determine whether to admit the evidence at the hearing and state its reason accordingly.

19.Where the parties has no controversy or has no distinct controversy over the fact of the case, the procedures of presenting and examining evidence at the hearing may be simplified accordingly.

20.Debate can be conducted after the investigation during the hearing or conducted alternatively with evidence presentation and evidence cross-examination; it may also be dispersedly conducted per stage or per question or collectively conducted after the investigation.

21.During the debate, the Arbitral Tribunal shall guide the parties to focus on the dispute issues and may alert or stop the parties or their authorized representatives timely if they repeatedly make their statements or make irrelevant statement. The Arbitral Tribunal may properly limit the time of making statement during each round of debate as it deems necessary, however, the Arbitral Tribunal shall allot equal time and opportunity to both parties and their authorized representatives to make their statement.

22.The Arbitral Tribunal shall promptly intervene if the action of parties or their authorized representatives constitute personal abuse or violate the hearing discipline.

23.The chief arbitrator or the sole arbitrator may adjourn the hearing in case of any following circumstance:

(1) The parties raise jurisdictional objection at the hearing;

(2) The parties apply to amend the claim or raised a counterclaim at the hearing which requires the Arbitral Tribunal to grant the opposing party a specified period of time to prepare defence;

(3) It is discovered during the hearing that the qualification of the parties as the civil subject of the case requires to be further verified;

(4) The parties challenge the scope of hearing of the Arbitral Tribunal to which the Arbitral Tribunal finds that the scope of hearing requires to be further determined;

(5) The parties apply for appraisal or inquest at the hearing to which the Arbitral Tribunal finds it necessary to discuss before granting such application.

(6) The parties challenge the member of the Arbitral Tribunal at the hearing; and

(7) Other circumstances require the hearing to be adjourned as the Arbitral Tribunal deems fit.

Where the Arbitral Tribunal grants a party' s application to amend the claim, it shall, during the subsequent hearing, notify the opposing party and its authorized representatives of the time limit of preparing defence against the amended claim.

24.The chief arbitrator shall consult with other arbitrators as to the completion of the hearing. The chief arbitrator or the sole arbitrator shall duly inform the parties of their rights to make closing statement or submit written closing statement after the hearing prior to the completion of the last hearing.

25.In the event that the Arbitral Tribunal determines not to hold any further hearing, but both parties agree or the Arbitral Tribunal permits them to submit supplementary evidence within a specified time limit after the hearing, or part of the evidences has not been cross-examined during the hearing, the Arbitral Tribunal shall request both parties to explicitly decide if they agree to conduct a documents-only cross-examination of such evidence without hearing. If both parties agree, the Arbitral Tribunal shall grant the parties a specified time limit for such documents-only evidence cross-examination instead of holding any further hearing, and if one party does not agree, a further hearing shall be arranged accordingly.

With respect to any supplementary evidence submitted by the parties after the hearing which is not subject to the arrangement made by the Arbitral Tribunal prior to the completion of the hearing, the secretary shall, at the time of evidence exchange, notify and request the parties to confirm in written if they request an evidence cross-examination at the hearing. The silence of the parties against such notice shall be deemed as their consent to a documents-only evidence cross-examination, however, if one party explicitly requests to cross-examine the evidence at the hearing, the Arbitral Tribunal shall arrange the hearing accordingly.

The Arbitral Tribunal may conclude its findings with reference of existing evidences if the parties failed to submit evidence or submit any challenge to the authenticity, admissibility and relevance of the evidence within the specified time limit.

26.Conciliation shall be conducted upon obtaining the consent of both parties and in compliance with principle of legality and voluntariness. Upon the commencement of conciliation, the chief arbitrator or the sole arbitrator shall announce that neither party shall invoke any of the statements, opinions, views or proposals expressed by the other party or the Arbitral Tribunal during the conciliation as grounds for any claim, defence and/or counterclaim in the arbitral proceedings, other judicial proceedings or any other proceedings after the conciliation.

During the conciliation, any content of discussion between a party and the Arbitral Tribunal shall not be disclosed to the opposing party and its authorized representatives without consent of such party, and such party shall not be required to admit any content of its statement during the private conciliation with the presence of the opposing party. If the conciliation fails to lead to a settlement, the Arbitral Tribunal shall not invoke any of the statements, opinions, views or proposals expressed by both parties and the Arbitral Tribunal during the conciliation as grounds for the award.

The Arbitral Tribunal shall not force the parties to conciliate against their will or compel them to accept the settlement via threat.

V. The do's and don'ts during the hearing

27.During the hearing, the arbitrator shall hear carefully the parties' statement and argument as an independent and unbiased referee, and the expression of the arbitrator shall be prudent and accurate. The arbitrator shall refrain himself/herself from:

(1) directly arguing with a party;

(2) being subjective or arbitrary, and speaking out his/her mind casually without consulting with other arbitrators;

(3) talking recklessly and inconsistently and therefore renders himself/herself fall into a passive position;

(4) making statements in contrary to his/her objective and just position which inclines to induce or imply a party;

(5) simply requesting the parties and their authorized representatives to admit or object the evidence produced by the opposing party and prohibiting or restricting the parties to argue over the authenticity and the relevance of such evidence;

(6) giving conclusive opinions on admission of evidence, dispute nature and accountability prior to the evidences or the facts are clarified and therefore causes unnecessary conflict and suspicion;

(7) interrupting speeches of other arbitrators or the parties and their authorized representatives casually and therefore adversely affects the hearing efficiency;

(8) speaking irrelevance with the subject of the hearing or talking constantly meaningless and therefore slows the progress of the hearing;

(9) directly rebutting speeches of other members of the Arbitral Tribunal and therefore exposes the inner dissension of the Arbitral Tribunal;

(10) being disrespectful to people and speaking sarcastically or ironically of or reprimanding the parties and their authorized representatives;

(11) being lack of self-control, acting irritably and impetuously, or quarreling with the parties and their authorized representatives over trivial matters;

(12) implying the result of award to the parties by invoking precedent of like nature; and

(13) acting in contrary to principles of fairness, justice, integrity, diligence, independency and high-efficiency.

VI. Investigation and evidence collection

28.The Arbitral Tribunal may, if any party so requests and it considers necessary, undertake investigations or collect evidence by itself.

29.Where the Arbitral Tribunal determines to undertake investigation, evidence collection or on-site inquest, it shall clarify the content, scope and time of such activities. All members of the Arbitral Tribunal shall personally participate in those activities. If any arbitrator is unable to participate in the investigation, evidence collection or on-site inquest due to special circumstance, he/she shall, if necessary, entrust another arbitrator of the Arbitral Tribunal in written to perform such duty on his/her behalf.

30.The secretary shall notify both parties or their authorized representatives of the time and location of the inquest and request their participation in such inquest prior to the Arbitral Tribunal commencing relevant work.

31. The Arbitral Tribunal shall permit the parties to raise any challenge to the authenticity, admissibility and relevance of the evidence collected by the Arbitral Tribunal.

VII. Appraisal

32.If any party requests an appraisal and the Arbitral Tribunal consents, or if the Arbitral Tribunal of its own motion considers it necessary, the Arbitral Tribunal may require the parties to jointly nominate an appraisal organization or appraisal expert within a period of time specified by the Arbitral Tribunal.

33.The common selection of the appraisal organization made by both parties shall prevail if they agree to such selection and the selected appraisal organization is in the list of the designated appraisal organizations of the Arbitral Tribunal. If such selected appraisal organization is not a designated one of the Arbitral Tribunal, the parties' selection may only prevail provided that such appraisal organization is verified as processing relevant qualification.

Where the parties failed to reach common selection of the appraisal organization and the subject matter of the appraisal is related to construction cost, the Arbitral Tribunal will provide the parties with the List of Recommended Appraisal Organizations for the parties to select 3 appraisal organizations at their sole discretion. If there is one coincidence among the parties' selection, such coincident appraisal organization shall be the one of their common selection, and if the coincidences are more than one, the first coincidence shall prevail subject to the sequence of the selections, if such sequence is unascertained, the appraisal organization shall be determined by the Arbitral Tribunal.

Where the appraisal organization for appraisal of construction cost failed to be determined in accordance with aforesaid manner, or the parties failed to reach common selection of the appraisal organization for other types of appraisal, the appraisal organization shall be selected by the Arbitral Tribunal among its designated or other qualified appraisal organizations. The Arbitral Tribunal shall notify both parties in written of a specified period of time to raise and state reasons of any objection. Such notification shall be put into the tribunal record at the hearing. If the objection stands, the Arbitral Tribunal shall re-select the appraisal organization, and if no objection is raised or the objection has whatsoever no ground, the selection of the Arbitral Tribunal shall prevail. The secretary shall inform the Arbitral Tribunal of appraisal related matters within 3 days after the corresponding arrangement is fixed.

34.The Arbitral Tribunal is entitled to request the parties and the parties are obliged to provide or present the appraiser with any document, material, property or other items required by the appraisal.

The dispute between the parties and the appraiser concerning the relevance of the required document, material, property or other items with the case shall be left to the decision of the Arbitral Tribunal.

Where the appraisal document is included in the evidence produced by the parties, the Arbitral Tribunal shall inquire the parties if they agree to have the technical document in such appraisal document, such as accounts settlement document of a construction dispute, appraised by the appraisal organization instead of cross-examining it at the hearing. Upon the appraisal organization is fixed, the Arbitral Tribunal shall inform such appraisal organization to organize both parties to verify the appraisal document. The appraisal organization shall report to the Arbitral Tribunal of any disputed appraisal document.

35.The counterparts of the appraisal report shall be delivered to the parties and the parties are allowed to comment on the appraisal report.

Where the parties request to conduct evidence cross-examination as to the conclusion of the appraisal or the inquest, the appraiser and the inquest personnel shall present at the hearing and answer the questions of the parties and their authorized representatives. The Arbitral Tribunal shall, if necessary or pursuant to the request of the parties, notify the appraiser to serve the hearing. The parties may question the appraiser with consent of the Arbitral Tribunal.

VIII. Making of the final documents

36.The chief arbitrator may communicate with other arbitrators and organize panel discussion in an efficient and flexible manner, including but not limited to reviewing the case at the premises of the BAC or via telephone, fax, exchange of electric data and email, so as to handle and decide issues of arbitration procedures and award timely. Upon request of the Arbitral Tribunal, the secretary shall timely circulate the contact information of the arbitrators and assist the Arbitral Tribunal in working the case properly.

37.The Arbitral Tribunal shall organize panel discussion after the hearing at the date of the last hearing or no later than 7 days as of such date to discuss the facts, evidence, nature, liability, applicable law, award opinions and reasons of the case in one of aforesaid manners (see Article 9 of Codes of Efficiency), and the secretary shall put the opinions of the panel into the tribunal record.

38.The award shall be made by the chief arbitrator or the sole arbitrator. The chief arbitrator may appoint other arbitrators to make the award.

39.With respect to case applies ordinary procedure, the chief arbitrator shall draft the award within 7 days as of the date of panel discussion. Where the Arbitral Tribunal cannot reach general consensus of the award with or without panel discussion, the arbitrators shall, within 5 days as of the date of close of hearing or the date of the panel discussion, file their written opinions in terms of the facts, evidence, nature, liability, applicable law, award opinions and reasons of the case, and the chief arbitrator or the arbitrator appointed by him/her shall summarize those written opinions and write the draft of the award, and other arbitrators shall file their review comments within 5 days upon receipt of such draft. The said comments shall be directly filed to the chief arbitrator or the arbitrator who drafts the award or passed to them by the secretary if they cannot be reached.

If the comments are to be passed by the secretary, such comments are preferred to be in written or to be put on the record by the secretary if they are provided orally.

The arbitrator shall explain the reasons and propose relevant amendment of he/she holds dissenting opinion against the award. Where the Arbitral Tribunal significantly differs on the draft of the award, the chief arbitrator may organize another panel discussion and the Arbitral Tribunal may request the BAC to conduct expert consultation. The Arbitral Tribunal shall make the award in accordance with the provisions set forth in the first paragraph of this section after such discussion or consultation.

The award shall be signed by each member of the Arbitral Tribunal. The dissenting arbitrator may choose not to sign the award. An arbitrator who chooses not to sign the award shall issue a dissenting opinion.

40.Where the arbitral time limit probably be extended due to the arbitrator' s unavailability of signing the award as not being in the office after the award is made, such arbitrator shall promptly contact the chief arbitrator or the secretary before or after his leaving by telephone, telegraphy, fax or email. If the arbitrator agrees to sign the award, he/she shall entrust another arbitrator or the secretary in written to sign the award on behalf of him/her, and if the arbitrator refuses to sign the award, he/she shall explicitly notify the other arbitrators or the secretary and state his/her reason and opinion.

41.Other final documents, such as statement of conciliation and decision of withdraw, shall be made with reference of the codes apply to the award making.

IX. Extension of the arbitration

42.The case shall be closed within the arbitral time limit, and if it requires any extension upon the expiry of such time limit due to special circumstance, the chief arbitrator or the sole arbitrator shall fill out the Form of Extension Application and state the reason and the period of time of extension for the approval of the director of the BAC. The Arbitral Tribunal shall close the case within the approved time limit.

X. Supplementary Provisions

43.The arbitrator shall keep case related information strictly confidential. He/She shall not disclose any information in connection with the hearing to any person, including the parties, during the hearing or after the award is made.

44.After the award is made, the arbitrator shall not, in any identity or in any way, participate or assist any party in applying to the court for revoking or non-enforcement of the award.

Arbitration Award Production Specifications

An arbitration award comprises header, body (including foreword, facts, opinions of the Arbitral Tribunal and ruling) and closing. Each part is closely linked and integrated.

I. Header

Header comprises headings (namely, Arbitration Award of Beijing Arbitration Commission), document number [e.g., (1999) BAC-0001], name and natural status of the parties and their respective agents.

Writing Requirements:

1.Where the claimant is an enterprise, institutions and organizations of legal person status, the first section shall be the full name of the legal person followed by its address in next line; the second section shall be name and title of the legal representative; the third section shall be name and title of agents. Where the agents are from a different entity, full name of their serving entity shall be stated.

2.Where the claimant is an economic entity of other forms, the first section shall be its full name followed by its address in next line; the second section shall be name and title of the responsible person; the third section shall be name and title of agents. Where the agents are from a different entity, full name of their serving entity shall be stated.

3.Where the claimant is a natural person, the first section shall be his/her name followed by his/her ID numbers (nationality and passport numbers shall be stated in the case of foreign individuals); the second section shall be the address of the natural person; the third section shall be name and title of the agents.

4.The writing requirements for the respondent are same as those for the claimant.

II. Body

i. Preface

This section shall state in detail all procedural matters in connection with the case, including:

1.Time of and basis for acceptance of the case (arbitration agreement and written arbitration application of a party); where there is any challenge about the arbitrators;

2.Case number, e.g. (1999) BAC-0001;

3.Information regarding formation of the Arbitral Tribunal, including time of formation, names of arbitrators, appointment of arbitrators by the parties or by designation of the directors of BAC, applicable arbitration rules, and etc.; where there is any challenge about the arbitrators, necessary explanation hereof shall also be included;

4.Information about submission, forwarding and delivery situation of arbitration documents;

5.Information regarding forwarding of the application documents and whether the applications are accepted by the court in the event of any application for preservation of properties and evidences;

6.Information about acceptance of counterclaims and decision on jurisdictions objections in the event of any counterclaims and jurisdiction objections;

7.Information about the arbitral hearings (including documentary and open hearings); where an open hearing is held, it shall states times of hearing and date of each hearing, attendance of the parties to each hearing, procedures of the hearing, and information about intermediation by the tribunal or reconciliation of the parties;

8.Reasons of suspension and interruption of the arbitration procedures (jurisdiction objection, appraisal and etc.) and related information;

9.Information regarding interim awards or partial award;

10.Information about extension of awards; and

11.Other procedural matters that need to be included.

ii. Facts

This section shall expressly and objectively state basic facts of the case, claims of the parties (including change of claims, and counterclaims), subjects of dispute, grounds and evidences of the parties.

Writing Requirements:

1.Basic facts of the case. It shall be the objective summary of facts of the case by the parties, and clear, comprehensive, and free from any preferential and subjective contents of the tribunal, and focuses on creation, alteration and termination of the legal relationships between the parties, including facts that are acknowledged and disputed by the parties. For example, situations of contracts by and between the parties, contents of the contracts, contract clauses concerned and issues disputed, sequence of dispute, and information regarding consultation and negotiation between the parties through submission of arbitration applications.

2.Claims of the Claimant and its major facts and grounds.

3.Key defence from the Respondent and its major facts and grounds.

4.Key summaries of counterclaims and the major supporting facts and grounds.

5.Key summaries of the defence of the claimant against the counterclaims, and major supporting facts and grounds.

Items 2-5 above can be stated collectively by claimant and respondent according to their respective claims, major supporting grounds and facts or separately according to the parties' respective claims and supporting facts and grounds on each major issue in dispute.

Statements of claims and major supporting facts and grounds of the parties shall be objective and complete and include time, place, reason, result and major issues of disputes, and their respective evidences. Summaries shall be made based on the original meaning of the parties or through direct citations, and interpret out of context and inclusion of the understanding of the tribunal shall be avoided; summarization about the focus of the disputes shall be complete and accurate, and focus of the dispute regarding the claims shall be stated one by one without omission. Meanwhile the summaries shall be for the major viewpoints of the parties and shall avoid repetition and tediousness.

6.Where evidences and appraisals are collected by the tribunal as the basis for determination of the facts, it shall state name of the producer of evidence or appraisal and date and content of the production as well as challenges from the parties.

iii. Findings by the Tribunal

This section serves as the basis of the award by the tribunal regarding the accountability of the parties in accordance with the facts and laws. It shall include evidences and facts admitted by the tribunal, applicable laws, claims and grounds of the parties, analysis and determination of the accountability of the parties, support and rejection of arbitration petitions (including partial support and rejection), and allocation of arbitration costs.

Writing Requirements:

It shall state the facts and evidences admitted by the tribunal through hearings, followed by analysis and judgment on the disputes of the parties. This section shall states what claims and demands of the parties shall be supported or rejected with elaborations on detail grounds and major supporting evidences. For those facts and grounds admitted and laws applied by the tribunal in the award, they shall be clear in clarifications, irrefutable in evidences, adequate in reasoning and accurate in application of laws.

1.Admission of facts shall be based on documentary verification and shall include both judgment on the facts and analysis of evidences and consider the source of the facts. Documentary verification shall be based on evidences that have been presented to and cross-examined at the hearings or exchanged between and cross-examined by the parties prior to the hearings, analysis being made on the objectivity, relevance and legitimacy of the evidence. Reasoning shall be made on the logic relation between evidences and facts admitted to explain why the evidences are admitted or rejected.

For evidences and appraisals collected by the tribunal for admission of facts, it shall state the challenges of the parties on the evidences and reasons of admission.

In cases there are no substantial disputes between the parties, facts that are not disputed can be admitted in the award without verification.

2.The reasoning shall target at, analyze and respond respectively to the dispute, the parties' claim and reasons. The ground of admission, denial or support shall be elaborated clearly and analyzed profoundly so as to reach a rational and legal conclusion for each disputed issue. The findings shall not be stated vaguely or omit the parties' claim or avoid the parties' disputed issues and reasons.

3.The findings shall be logically and well structured. The analysis of the parties' claim and reasons shall be in legal language and supported by precise arguments and grounds. The wording of the analysis shall be coherent, incisive, prudent, accurate and concise. It should be avoid that the findings are stated illogically, disorderly, vaguely which may cause ambiguity. The findings shall not be made inconsistently with the dispute, the parties' claim and reasons or in contradiction with themselves, such as the findings does not touch or are silent on issues in connection with the dispute, the parties' claim and reasons, or in contrary, reasoning irrelevant issues instead and therefore render the findings inconsistent with their context.

4.The reasoning of findings shall be accompanied with sufficient application of laws and reference of the facts. The findings shall analyze and evaluate in details the parties' claim, allegation and argument on the ground of provisions of law and facts discovered by the Arbitral Tribunal. The reasoning of findings shall demonstrate the impartial of the arbitration and render the parties understand and accept the rule of law. It should be avoid by all means that there' s only conclusion of the findings instead of reasoning or the reasoning is extremely brief, unclear or inadequate, such as by simply putting that the facts and the evidence relied by the claim/argument are clear and sufficient or vice versa without elaborating any reason.

5.Where payment involves, the payment shall be stated explicitly and specifically and the findings shall set forth the standard, method and the result of calculation for ease of enforcement.

6.The findings shall determine the allocation of arbitration costs and state reason.

iv. Findings (Ruling matters)

Writing requirements:

The findings must be made specifically with respect to the parties' claim. The findings shall define and clarify the legal relationship and share of liability between the parties, and determine rights and obligations that should be enjoyed and performed by relevant parties as well as the time limit and the manner such obligations should be performed. Aforesaid content shall be put specifically, explicitly and feasibly. Allocation of arbitration costs shall also be stated herein as if they should be borne by one party or shared by both parties as well as how they should be shared.

1.The findings shall take facts as the basis and the law as the criterion.

2.The findings shall concisely and comprehensively demonstrate the decision of the Arbitral Tribunal with respect to the parties' claim. The findings shall not exceed the scope of the parties' claim. The findings shall be stated logically and explicitly to avoid any ambiguity which may adversely affect the enforcement of the award. Where payment involves, it shall state the obligator, object, subject matter, amount, time and manner of the payment and the liability of overdue payment.

3.Where there are two or more issues to be ruled, the findings shall be made respectively. The allocation of arbitration costs shall be put in the last.

III. Closing

Closing consists of effectiveness of the instrument, signatures of the arbitrators and the date.

Writing requirements:

1.Stating "The award shall be final and shall take effect from the date of making" in a new paragraph.

2.The chief arbitrator and two arbitrators or the sole arbitrator shall sign in the right bottom of the instrument and underneath indicate the date and location of making the award. The seal of the BAC shall be affixed in the left bottom of the instrument.

Explanatory notes:

1.The award is the primary form of the Arbitral Tribunal exercising its rights of arbitration and is the physical reflection of the impartial of the arbitration, it is also the ground of the parties to exercise or perform their rights and obligations. The arbitrator must make and review the award responsibly and prudently to ensure the quality of the award.

2.The disputed facts and the ground of award may not be stated if the parties agreed in accordance with the Arbitration Law.

3.Where the award is made based on the parties' settlement agreement, the disputed facts and the ground of award may be omitted but the claim of a party, procedural issues and the content of the settlement agreement must be indicated in the award. The award must not conflict with the essential provisions of the settlement agreement in any aspect.

4.The interim or partial award can be made with reference of above codes.

Encl. : Sample Award Template

Beijing Arbitration Commission

Arbitration Award

(YYYY)BAC----No. XX

Claimant: ----(name)

Address:

Legal Representative: Name Title

Authorized Representative: Name Title

Respondent: ----(Name)

Address:

Legal Representative: Name Title

Authorized Representative: Name Title

In accordance with the arbitration application from the Claimant ---(hereinafter referred to as "Claimant") and in accordance with the arbitration provisions in the contract dated �C(Y)-(M)-(D) by and between the Claimant and the Respondent �C(hereinafter referred to as "Respondent"), Beijing Arbitration Commission (hereinafter referred to as "BAC") accepted said arbitration case. The case number is (YYYY)BAC��No XX.

(Information about formation of the Arbitration Tribunal, hearings and other procedural matters)

Hearing of this case has now been completed. The tribunal has made the award based on the facts and findings at the hearing and relevant evidences. Below follows the facts, findings and rulings of the case.

I. Facts

(State the basic facts of the case and the major disputes of the parties)

II. Opinions of the Arbitration Tribunal

(State the opinions of the tribunal on the major disputes of the parties)

III. Ruling

Based on the above facts and opinions, after deliberation, it is ruled by the tribunal as follows:

i
ii

The award shall be final and effective as of the date of the award.

(Seal of the Beijing Arbitration Commission)

Chief Arbitrator:---(signature)

Arbitrator: ---(signature)

Date: , Beijing

Decision on Training and Review

(Discussed and Adopted at the 1st Meeting of the Fourth Session of the Beijing Arbitration Commission on August 25, 2014)

In order to further enhance the professional capacity and arbitration quality and efficiency, the following decision is made with respect to establishment of BAC arbitrators training and review system.

I. BAC commissions the Law School of Peking University and the Institute of International Law, Wuhan University (on tentative basis, hereinafter referred to as "Training Institutes") to organize and conduct training and review of arbitrators in respect of the work of arbitration.

II. Going forward in recruitment of arbitrators, BAC will give priority to candidates that meet the requirements of the Management Measures on Employment of Arbitrators and are trained and reviewed qualified.

III. Arbitrators that are already employed by BAC but haven' t joined in the arbitration trainings of BAC shall enroll at the Training Institutes for training and review. The director of BAC will first consider arbitrators that have joined the trainings of and passed the review by the Training Institutes in appointing arbitrators for arbitration cases.

The "arbitration trainings" in the preceding paragraph refer to trainings organized by BAC in connection with BAC arbitration rules, codes of work of arbitrators, codes of conduct of arbitrators and production of arbitral awards. The details are subject to the confirmation by BAC administration office in accordance with the training records of the arbitrators.

IV. Training records of arbitrators will be regarded as an item of professional background information and entered into BAC computer system of arbitrators for future reference of arbitration parties in appointment of arbitrators.

Explanatory Notes to the Beijing Arbitration Commission Decision on Intensification of Training and Review for Arbitrators

(Discussed at the 1st Meeting of the Fourth Session of the Beijing Arbitration Commission on August 25, 2014)

Since its establishment, the Beijing Arbitration Commission (BAC) has been attaching great importance to construction of the arbitrator team. BAC not only puts forth such professional ethics and codes as "Codes of Conduct of Arbitrators of the Beijing Arbitration Commission" (hereinafter referred to as the "Codes of Conduct") and "Management Measureson Employment of Arbitrators of the Beijing Arbitration Commission"(hereinafter referred to as "Management Measures" ) but also invests lots of manpower and funds on trainings of arbitrators. Over the past two years, BAC has set higher requirements on arbitrator' s participation in professional trainings. Apart from such express requirements that new arbitrators shall join in BAC trainings on Code of Conduct, Management Measures, Codes of Work, and arbitration standards, it also requires that arbitrators who fail to join in the trainings shall not be designated by the director of BAC for arbitration. Such requirements are set forth based on the following considerations:

I. It is required by the international development goal of BAC

Arbitration is only as good as arbitrators. Success of an arbitration organization largely depends on whether it has a team of high quality and efficiency arbitrators. Taking a broad view at the first-rate international commerce arbitration organizations, we may find that they win the trust of the arbitration parties by their capacities to recommend high quality and efficiency arbitrators. The goal of BAC is to develop itself into an arbitration organization with certain international influence. To that end, the first priority is to build a team of arbitrators who are reaching or equaling to international levels in profession. Trainings will be the essential approach for realization of said goal.

II. It is required by the inherent nature of arbitration

Arbitration is a highly professional, technical and practical work. The arbitrators shall not only proceed with the arbitration procedures to take best of the arbitration in efficiency, but shall also provide reasonable opportunities for presentations and debates by and among the parties to ensure due process and fair arbitration. It requires not only in-depth understanding by arbitrators of arbitration theories, rules and procedures but also experience, wisdom and capacity of arbitrators in application of arbitration rules, evidence rules and professional arbitration skills for dispute resolution. Arbitrators are experts and scholars from different professions while difference in profession makes one feel world apart. Nowadays, in view of the increasing complexity of cases, intensification of disputes and frequent changes and development of rules of laws and arbitration, the cases are getting increasingly complicate, and disputes are becoming more and more intense, and hearing cases by arbitrators if untrained is as dangerous as treating patients by doctors without necessary professional training. Therefore trainings of arbitrators are required not only by the nature of the arbitration work but also by the doctrine of being responsible for the parties.

III. It is an objective requirement for developing credibility of an arbitration organization

Based on the practice in the past few years, along with the improvement of the legal awareness and arbitration knowledge among the parties and their agents, there are higher requirements on skills and capacities of the arbitrators in hearing and procedural control and fair arbitration. Under such circumstances, in the absence of in-depth understanding of arbitration theories and rules and essential training on practical skills, it can hardly cater for the need of the parties and meanwhile will also be detrimental to the reputation of the tribunal and even BAC. Thus training of arbitrators and improvement of their professional skills is also an important area in the development of credibility of BAC.

The Beijing Arbitration Commission Decision on Intensification of Training and Review for Arbitrators (hereinafter referred to as "Decision") is developed in an effort to further proving the arbitrators training system. The trainings provided under the Decision differ from the previous mainly in the following aspects: 1). change of training provider from BAC to professional education and training institutes entrusted by BAC, which are Peking University and Wuhan University at the time being; 2). addition of relevant review regulations; 3) establishment of the basic principle that in employment of arbitrators, priority will be given to candidates that meets the requirements set forth in the Management Measures on Employment of Arbitrators and are trained and reviewed by the training institutes, and express stipulation that the training records of arbitrators will be regarded as an item of professional background information and entered into BAC computer system of arbitrators.

The primary considerations of BAC in contemplation, probe and eventual formulation of the Decision are as follows: firstly, development of arbitration itself proposes systematic and professional requirements on training. Although BAC has obtained some experience in training in the past, while the training is not very comprehensive and systematic in contents and the training methods are relatively simple where training through meetings is very ineffective in results due to lack of necessary research, discussion and review. As such, it is necessary to develop new training methods and improve training results. Secondly, due to drastic increase of cases, the administration personnel is fully engaged in daily business and barely has time and energy to research, organize and implement training and review of arbitrators, while the two universities have not only relevant personnel, experience and facilities but also enthusiasm and initiative for organization of training, which we can rely on for training of arbitrators. International experience shows that along with the industrial development of arbitration, there will be specialized arbitrators training institutes (for example, the Royal Society of Arbitrators). Arbitral organizations do not to take all their works by themselves and the development concept of "small and comprehensive" is already obsolete. BAC has conducted preliminary consultations with Beijing University and Wuhan University and made necessary preparations, and they are willing to and have the confidence to undertake training. Thirdly, training alone without review will easily make it a mere formality, and meanwhile in light of the work relation between administration personnel and arbitrators, it will be ineffective and least desirous for administration personnel to organize the review of arbitrators, and instead organization by the two universities may waive the concerns and difficulties in this regard. Fourthly, in order to develop into an arbitral institute of international standards, BAC needs more talents to join in. There are lots of talents in Beijing, and what we lack is not talents but the mechanism to discover talents. Development of the Decision is also intended to try and explore in this regard. By such training and review methods, more talents would be discovered and trained to join the profession of arbitration. We believe that with the advantages of talents in Beijing and the prestige and influence of BAC, the training and review if properly organized will open a new chapter in construction of arbitrator team.

Model Arbitration Clause Arbitration Clause

All disputes arising from or in connection with this contract shall be submitted to Beijing Arbitration Commission / Beijing International Arbitration Court for arbitration in accordance with its rules of arbitration. The arbitral award is final and binding upon both parties.

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