Home > Rules > China (Hubei) Pilot Free Trade Zone Model Arbitration Rules Table of Contents

China (Hubei) Pilot Free Trade Zone Model Arbitration Rules Table of Contents


Chapter I General Provisions

Chapter II Arbitration Agreement and Jurisdiction

Chapter III Request for Arbitration, Answer and Counterclaim

Chapter IV Conservatory and Interim Measures

Chapter V Tribunal

Chapter VI Evidence

Chapter VII Hearing

Chapter VIII Decision and Arbitral Award

Chapter IX Summary Procedure

Chapter X Third-Party Funding

Chapter XI Special Provisions for International Commercial Arbitration

Chapter XII Special Provisions for Bridging Ad Hoc Arbitration and Institutional Arbitration

Chapter XIII Supplementary Provisions



Chapter I General Provisions


Article 1 Enactment of the Rules 

For the purpose of ensuring the healthy and stable development of China (Hubei) Pilot Free Trade Zone (hereinafter referred to as “Hubei Pilot Free Trade Zone”), creating an international business environment ruled by law in Hubei Pilot Free Trade Zone, meeting the practical needs of the individuals and entities in Hubei Pilot Free Trade Zone to quickly, efficiently, conveniently and friendly resolve contractual disputes and other disputes over rights and interests in property, and ensuring the flexibility, efficiency, and parties’ autonomy in arbitration as a dispute resolution mechanism,China (Hubei) Pilot Free Trade Zone Model Arbitration Rules (hereinafter referred to as “the Rules”) are enacted in accordance with the Arbitration Law of the People's Republic of China and other relevant laws and regulations.


Article 2 Scope of Application

1. The Rules shall apply, where a case involving Hubei Pilot Free Trade Zone is accepted by one of such three arbitration institutions in the said Zone as Wuhan Arbitration Commission, Xiangyang Arbitration Commission, and Yichang Arbitration Commission, the arbitration institution recommends the Rules, and the parties accept the Rules. Other arbitration institutions may apply the Rules as agreed by the parties. The Rules are in parallel with the arbitration rules of the three existing arbitration institutions in China (Hubei) Pilot Free Trade Zone Wuhan Area, China (Hubei) Pilot Free Trade Zone Xiangyang Area, China (Hubei) Pilot Free Trade Zone Yichang Area (hereinafter referred to as “Wuhan Area”, “Xiangyang Area” and “Yichang Area”, collectively referred to as “the Three Areas”). The arbitration rules of the three existing arbitration institutions are parallel. Where the parties agree to submit their dispute to any arbitration institution in the Three Areas for arbitration, and at least one of the legal facts of the emergence, change and elimination of the contract and other property relations or the parties or the subject matter involves Hubei Pilot Free Trade Zone, if the application of the Rules is recommended by the three regional arbitration institutions as well as agreed by the parties, the Rules are applied. 

2. Where the parties have agreed on the application of other arbitration rules, the parties’ agreement shall prevail unless such agreement is impractical or in conflict with a mandatory provision of the law of the place of arbitration. Where the parties have agreed on the application of other arbitration rules, the Arbitration Commission to which the parties agree shall perform the relevant administrative duties.

3. Where the parties agree that the place of arbitration is Wuhan, Xiangyang, or Yichang, without providing the name of the arbitration institution, they shall be deemed to have agreed to refer the dispute to the Arbitration Commission corresponding to the agreed place for arbitration.

4. If a party raises an objection to the application of the Rules, the Arbitration Commission shall make a decision.

5. The Arbitration Commission, the Arbitral Tribunal, the parties and their representatives shall apply the Rules in accordance with the principles of bona fide, good faith, cooperation and proper settlement of disputes.


Article 3 Jurisdiction

The Arbitration Commission accepts cases involving disputes of a contractual nature or disputes arising from other property rights and interests between natural persons, legal persons and other legal person organizations that are equal subjects:

(a)arbitration cases related to the Hong Kong Special Administrative Region (“SAR”), the Macao SAR and the Taiwan region;

(b) international or foreign-related arbitration cases; and 

(c) arbitration cases in the mainland of China.


Article 4 Waiver of Right to Object 

A party shall be deemed to have waived its right to object where it knows or should have known that any provision of or requirement under the Rules and arbitration agreement has not been complied with and yet participates in or proceeds with the arbitral proceedings without promptly and explicitly submitting its objection in writing within three days from the date of when it knows or should have known such non-compliance.


Article 5 Confidentiality 

1.Hearings shall be held in camera. Where both parties request an open hearing, the hearing could be open, except in cases involving state secrets, trade secrets of the parties, know-how or where the Arbitral Tribunal considers it inappropriate to do so.

2.For cases heard in camera, the parties and their representatives, the witnesses, the arbitrators, the secretary of the Arbitral Tribunal, the experts consulted by the Arbitral Tribunal, the appraisers, the interpreters, the third-party investors and other relevant persons shall not disclose to any outsider any substantive or procedural matters relating to the case unless otherwise provided by law.


Article 6 First Award Being the Final Award

The arbitral award made by the Arbitration Commission is final and binding. After the award is made, neither party may apply for another arbitration or bring a lawsuit before a court for issues already decided by the binding award. 



Chapter II Arbitration Agreement and Jurisdiction 


Article 7 Definition and Form of Arbitration Agreement

1.An arbitration agreement means an arbitration clause in a contract or any other form of a written agreement concluded between the parties providing for the settlement of disputes by arbitration before or after the dispute.

2.The arbitration agreement shall be in writing. An arbitration agreement is in writing if it is contained in the tangible form of a document such as a contract, letter, telex, fax, etc. A data message that shows the contents in a tangible way by means of electronic data exchange, e-mail, etc., and can be accessed at any time, shall be deemed as a written form.

3. A written arbitration agreement shall be deemed to exist where its existence is asserted by one party and not denied by the other during the exchange of the Request for Arbitration and the Answer to the Request.

4.If the parties refer to other written documents containing arbitration clauses in the contract and such written documents constitute an essential part of the contract, a written arbitration agreement of the contract shall be deemed to exist.


Article 8 Independence of Arbitration Agreement

An arbitration clause contained in a contract shall be treated as a clause independent and separate from all other clauses of the contract, and an arbitration agreement attached to a contract shall also be treated as independent and separate from all other clauses of the contract. The validity of an arbitration clause or an arbitration agreement shall not be affected by any modification, cancellation, termination, transfer, expiry, invalidity, ineffectiveness, rescission or non-existence of the contract.


Article 9 Extension of the Validity of the Arbitration Agreement

1.The arbitration clause in the contract is applicable to disputes under the supplementary agreement and the annex to the contract unless otherwise agreed by the parties.

2.If the parties to the arbitration agreement are changed due to merger, division, termination, cancellation, etc., the arbitration agreement shall be valid for the successors of rights and obligations unless otherwise agreed by the parties.

3.If the party to the arbitration agreement dies, the arbitration agreement shall be valid for the heirs who inherit the rights and obligations of the party in the matters relating to arbitration issues unless otherwise agreed by the parties.

4.Where the creditor's rights and debts are transferred in whole or in part, the arbitration agreement shall be valid for the assignee unless otherwise agreed by the parties, or at the time of the transfer of the creditor's rights and debts, the assignee expressly objects to the arbitration agreement or  is not aware of a separate arbitration agreement.

5.Where the arbitration agreement is concluded by a branch of a legal person, the arbitration agreement shall be valid for the legal person and its branch.


Article 10 Objection to the Jurisdiction

1. The arbitration institution shall accept the case in accordance with the arbitration agreement and the written application of one party. If the parties have any objection to the existence and validity of the arbitration agreement or the jurisdiction of the arbitration case, they may raise the jurisdiction objection to the Arbitration Commission or the court that has jurisdiction. If one party raises the jurisdiction objection to the Arbitration Commission and the other raises the jurisdiction objection to the court, the court's ruling shall prevail unless the Arbitration Commission makes a decision before the court.

2. Any objection to the jurisdiction over an arbitration case shall be raised in writing before the first oral hearing held by the arbitral tribunal. Where a case is to be decided only on the basis of documents, such an objection shall be raised before the submission of the first substantive answer.

3. If the parties fail to raise an objection to jurisdiction in accordance with the provisions of the preceding paragraphs, it shall be deemed that they have recognized the jurisdiction of the Arbitration Commission over the arbitration case.

4. The arbitration proceedings shall proceed notwithstanding an objection to the jurisdiction over the arbitration case raised by a party to the Arbitration Commission or to the court.

5. The Arbitration Commission or the Arbitral Tribunal authorized by the Arbitration Commission has the power to determine its jurisdiction over an arbitration case. The Arbitral Tribunal may either make a separate decision on jurisdiction during the arbitral proceedings or incorporate the decision in the final arbitral award.

 6. The Arbitration Commission or its authorized Arbitral Tribunal shall decide to dismiss the case upon finding that it has no jurisdiction over an arbitration case. Where a case is to be dismissed before the formation of the Arbitral Tribunal, the decision shall be made by the Arbitration Commission. Where the case is to be dismissed after the formation of the Arbitral Tribunal, the decision shall be made by the Arbitral Tribunal.




Chapter III Request for Arbitration, Answer and Counterclaim 


Article 11 Application for Arbitration 

1. To apply to the Arbitration Commission for arbitration, the Claimant shall submit:

(a) arbitration agreement;

(b) Request for Arbitration, which shall, inter alia, include:

(i) the basic information of the Claimant and the Respondent. A natural person shall specify the name, gender, ID number, address, postal code, telephone number, fax, e-mail and other available quick contact information. A legal person or other organization shall indicate its name, domicile, postal code, telephone number, fax, and the name, position, domicile, postal code, contact number, fax, e-mail and other possible quick contact information of its legal representative or principal person in charge;

(ii) the specific claim of the Claimant, and the facts and grounds on which the claim is based.

(c) the evidence as well as its source with the list attached thereto, and the name and domicile of the witness.

(d) identification documents of the Claimant.

2. When applying for arbitration, the parties shall pay the arbitration fee in advance. Where the amount in dispute is not ascertained in the Claims of the arbitration, the Arbitration Commission shall determine the amount in dispute or the arbitration fee to be paid in advance.

3. The arbitration fee shall be paid in advance by the party filing the arbitration claim or counterclaim. If it is difficult for the party to pay the arbitration fee in advance, a delay in payment may be applied, and whether to approve or not shall be decided by the Arbitration Commission. If the party fails to pay the arbitration fees in advance without filing an application for delay or fails to pay all the arbitration fees in advance within the period of delay approved by the Arbitration Commission, the application shall be deemed to have been withdrawn.


Article 12 Acceptance of a Case

1.If, after examination, the Arbitration Commission finds that the Request for Arbitration meets the conditions for acceptance, it shall accept a case within five days from the date when the parties pay the arbitration fees in advance. The Arbitration Commission shall, within five days from the date of accepting the case, send a Notice of Acceptance, the Rules and the Panel of Arbitrators to the applicant. The Notice of Arbitration, a copy of the Request for Arbitration and its attachments, the Rules and the Panel of arbitrators shall be sent to the Respondent.

2.If, after examination, the Arbitration Commission finds that the Request for Arbitration does not comply with the provisions of Article 11 (1), it may require the Claimant to make corrections within the time period specified by the Arbitration Commission. If the Claimant fails to make corrections within the specified time period, the Claimant may be deemed to have withdrawn its application for arbitration.


Article 13 Answer to the Request

1.the Respondent shall file an Answer to the Request in writing within 15 days from the date of its receipt of the Notice of Arbitration and other arbitral documents. The Answer to the Request and supporting documents shall include:

(a) basic information of the Respondent. A natural person shall specify the name, gender, ID number, address, postal code, telephone number, fax, e-mail and other available quick contact information. A legal person or other organization shall indicate its name, domicile, postal code, telephone number, fax, and the name, position, domicile, postal code, contact number, fax, e-mail and other possible quick contact information of its legal representative or principal person in charge;

(b) the main points of the Answer and the facts and reasons on which it is based;

(c) the evidence and its source with the list attached thereto, as well as the name and address of the witness;

(d) identification documents of the Respondent.

2. The Arbitration Commission shall, within five days from the date of receiving the Answer to the Request, send a copy of the Answer to the Request and its attachments to the Claimant.

3. Failure by the Respondent to file an Answer to the Request or to anwer shall not affect the conduct of the arbitral proceedings.

4. If the Respondent requests an extension of the time period, the Arbitral Tribunal may decide to grant a reasonable extension, if it considers the Respondent has justified reasons. If the Arbitral Tribunal has not yet been formed, the Arbitration Commission shall decide whether to extend the time limit for answer.


Article 14 Counterclaim

1.the Respondent has the right to make a counterclaim. When filing the counterclaim, the Respondent shall specify the counterclaim in its Statement of Counterclaim and state the facts and grounds on which the counterclaim is based with the relevant documentary and other evidence attached thereto.

2.the Respondent shall file a Counterclaim, if any, in writing within the time period to the Arbitration Commission. If the Counterclaim is submitted beyond this time period, the decision on whether to accept it shall be made by the Arbitration Commission before the formation of the Arbitral Tribunal, or by the Arbitral Tribunal after its formation.

3. When deciding whether to accept a counterclaim submitted after the expiration of the above time period, the Arbitration Commission or the Arbitral Tribunal shall consider the necessity of combining the Counterclaim with the present claim in one case, whether it will cause unnecessary delay in the proceedings and other relevant factors.

4. The relevant provisions of this Chapter shall apply to the application, acceptance and answer of the Counterclaim.


Article 15 Waiver and Amendment to Claim or Counterclaim

1.the Claimant may apply to waive or amend its claim and the Respondent may apply to waive or amend its counterclaim. The waiver or amendment of the arbitration claim or counterclaim shall be submitted in writing form.

2.The decision on whether to grant the above amendment shall be made by the Arbitration Commission where the Arbitral Tribunal has not yet been formed, while be made by the Arbitral Tribunal after its formation. The Arbitral Tribunal may refuse any such amendment if it considers that the amendment is too late and may delay the arbitral proceedings.


Article 16 Claims Between Multiple Parties

1. Where there are two or more Claimants or Respondents in a case, either party may make claims against any other party in accordance with the same arbitration agreement.

2. Before the formation of the Arbitral Tribunal, the Arbitration Commission shall decide whether to accept a new arbitration claim; After the formation of the Arbitral Tribunal, the Arbitral Tribunal shall decide whether to accept a new arbitration claim.

3. The submission, acceptance, answer, amendment and other matters of the above arbitration claims shall be handled with reference to Articles 11 to 15 of the Rules.

4. After the above arbitration claim is accepted, the status of each party in the arbitration procedure shall not be changed.


Article 17 Single Arbitration under Multiple Contracts

1.Where the dispute between the parties arises out of or in connection with multiple contracts, the Claimant may apply for a single arbitration under multiple contracts in one case, if the following requirements are met:

(a) the arbitration agreements of those contracts are the same or compatible;

(b) such contracts consist of a principal contract and its ancillary contract(s), or such contracts involve the same parties as well as legal relationships of the same nature; and

(c) the disputes arise out of the same transaction or the same series of transactions.  

2. Whether to agree to a single arbitration shall be decided by the Arbitration Commission or the Arbitral Tribunal. Where any party objects to the arbitration agreement, the Arbitration Commission or the Arbitral Tribunal has the power to make a decision.


Article 18 Representation

A party may be represented by its authorized representative(s) in handling matters relating to the arbitration. In such a case, a Power of Attorney shall be forwarded to the Arbitration Commission by its authorized representative(s). The power of Attorney shall clearly state commissioned items and powers. When the representative(s) bring(s) up, admits, abandons or alters an arbitration claim or counterclaim on his behalf, makes a settlement, requests mediation, and signs a mediation agreement, it must be specially authorized by the principal. The representative(s) must have special authorization from the principal to initiate, admit, waive or amend an arbitration claim or a counterclaim, to settle a settlement, to request conciliation or to sign a conciliation statement.


Article 19 Copies of Arbitral Documents and Related Documents 

When submitting the Request for Arbitration, the Answer to the Request, the Statement of Counterclaim, and other related arbitral documents, the parties shall make their submissions in quintuplicate. Where there are multiple parties, additional copies shall be provided accordingly. Where the Arbitral Tribunal is composed of a sole arbitrator, the number of copies submitted may be reduced by two. Where the party submits a Request for Interim Measure(s), it shall also provide an additional copy of the Request for Arbitration or the Statement of Counterclaim accordingly. 



Chapter IV Conservatory and Interim Measures


Article 20 Types of Conservatory and Interim Measures

Any party may apply for the following conservatory and interim measures:

(a) preservation of properties;

(b) preservation of evidence;

(c) requesting and/or prohibiting a party to perform certain action(s); and

(d) other measure(s) provided by the applicable laws.


Article 21 Pre-arbitration Conservatory and Interim Measures

1. If, in case of emergency, the failure of any party to take conservatory or interim measure(s) will cause irreparable damage to his/her/its legitimate rights and interests, the party may, before arbitration, submit a Request for Interim Measure(s) with the competent court. The applicant shall provide the following documents: 

(a) arbitration agreement;

(b) an application for preservation and interim measures in conformity with the provisions of paragraph 1 of Article 20;

(c) prima facie evidence of urgency.

2.The requesting party for conservatory and interim measure(s) shall provide appropriate security and apply to the Arbitration Commission for arbitration within the mandatory time limit after the court has enforced the interim measure(s) in accordance with the applicable laws in the jurisdiction where the conservatory and interim measure(s) is sought.


Article 22 Conservatory and Interim Measures in Arbitration

1. After the Arbitration Commission has accepted the case, either party may apply to the Arbitration Commission or the court with competent jurisdiction for conservatory and interim measure(s). Either party applying for conservatory and interim measure(s) shall submit a Request for Conservatory and Interim Measure(s) including:

(a) basic information of the parties (including but not limited to the parties’ names, domiciles, contact information, etc.);

(b) the type of interim measure(s) and reason(s) for seeking interim measure(s);

(c) the effective means of service of the opposing party of who applies for conservatory and interim measure(s); and

(d) other necessary contents.

If the place where the conservatory and interim measure(s) sought is not in the mainland of China, the party shall also provide:

(a)the place where the interim measure(s) sought is to be enforced and the court with competent jurisdiction;

(b) the relevant laws in the jurisdiction where the interim measure(s) is sought.

2. The Arbitration Commission shall promptly transfer the application for conservatory and interim measure(s), in accordance with the relevant laws, to the court with the competent jurisdiction for a ruling.

3. The Arbitration Commission may, if it considers it necessary, also make proposals on the party for conservatory and interim measure(s) application.

4. The special provisions in the chapter "Special Provisions of International Commercial Arbitration" shall apply to the conservatory and interim measure(s) in international commercial arbitration.     



Chapter V Tribunal 


Article 23 Independence of the Arbitral Tribunal

In arbitration proceedings, arbitrators of the Arbitral Tribunal shall remain independent of the parties and shall not represent either party. The Arbitral Tribunal shall treat both parties fairly and equally.


Article 24 Panel of Arbitrators

1.The parties may appoint arbitrators from the Panel of Arbitrators, and the parties may also recommend persons from outside the Panel of Arbitrators as arbitrators.

2. If the parties appoint arbitrators from outside the Panel of Arbitrators, they shall provide the Arbitration Commission with the qualification certificate and specific contact information of the candidate, who may serve as an arbitrator in the case after confirmation by the Arbitration Commission.


Article 25 Number of Arbitrators

1. The Arbitral Tribunal shall be composed of one or three arbitrators. 

2. Unless otherwise agreed by the parties or provided by the Rules, the Arbitral Tribunal shall be composed of three arbitrators.


Article 26 Three-Arbitrator Tribunal

1. Within fifteen (15) days upon the receipt of the Notice of Arbitration and other documents, both parties shall respectively appoint or entrust the Chairman of the Arbitration Commission to appoint one arbitrator. Where a party fails to appoint or entrust the Chairman of the Arbitration Commission to appoint an arbitrator within the specified period of time, the Chairman of the Arbitration Commission shall appoint the arbitrator for the party.

2. Within fifteen (15) days from the date of the Respondent’s receipt of the Notice of Arbitration and other documents, the parties shall jointly nominate, or entrust the Chairman of the Arbitration Commission to appoint the presiding arbitrator.

The parties may each recommend one to three arbitrators as candidates for the presiding arbitrator and shall each submit a list of recommended candidates to the Secretariat within the time period specified in the preceding Paragraph 2. Where there is only one common candidate on the lists, the common candidate shall be the presiding arbitrator jointly nominated by the parties. Where there are more than one common candidates on the lists, the Chairman of the Arbitration Commission shall choose the presiding arbitrator from among the common candidates having regard to the circumstances of the case, who acts as the presiding arbitrator jointly nominated by the parties. Where there is no common candidate on the lists, the presiding arbitrator shall be appointed by the Chairman of the Arbitration Commission.

Where the parties have failed to jointly nominate the presiding arbitrator according to the above provisions, the presiding arbitrator shall be appointed by the Chairman of the Arbitration Commission.

3. Where a party has nominated a nonlocal arbitrator but fails to advance a deposit for such necessary costs as the travel and accommodation expenses of the nominated arbitrator within the time period specified by the Arbitration Commission, the party shall be deemed not to have nominated the arbitrator. Under such circumstances, the Chairman of the Arbitration Commission shall appoint/re-appoint an arbitrator pursuant to the Rules.

4. Where an appointed arbitrator refuses to accept the appointment or is incapable of participating in the hearing of the case due to his/her health or other reasons which may affect the normal performance of his/her duties as arbitrator, the party shall appoint another arbitrator within ten (10) days upon the date of receipt of the notice to appoint another arbitrator. Where the party fails to appoint another arbitrator according to this Article, the Chairman of the Arbitration Commission shall appoint the arbitrator.


Article 27 Sole-Arbitrator Tribunal

Where the Arbitral Tribunal is composed of one arbitrator, the sole arbitrator shall be nominated pursuant to the procedures stipulated in Paragraphs 2, 3 and 4 of Article 26 of the Rules.


Article 28 Multiple-Party Tribunal

Where there are two or more Claimants and/or Respondents in an arbitration case, the Claimant side and/or the Respondent side, following discussion, shall jointly nominate or jointly entrust the Chairman of the Arbitration Commission to appoint one arbitrator for the side. Where either the Claimant side or the Respondent side fails to jointly nominate or jointly entrust the Chairman of the Arbitration Commission to appoint one arbitrator within fifteen (15) days from the date of its receipt of the Notice of Arbitration, the Chairman of the Arbitration Commission shall appoint one arbitrator for the side. The presiding arbitrator shall be appointed or recommended pursuant to the procedures stipulated in Paragragh 2 of Article 26. 


Article 29 Notice of the Constitution of the Tribunal

After the formation of the Arbitral Tribunal, the Arbitration Commission shall notify parties in writing of the Constitution of the Tribunal within five (5) days.


Article 30 Disclosure 

1. An arbitrator nominated by the parties or appointed by the Chairman of the Arbitration Commission shall sign a Declaration and disclose any facts or circumstances likely to give rise to justifiable doubts as to his/her impartiality or independence. 

2. If circumstances that need to be disclosed arise during the arbitral proceedings, the arbitrator shall promptly disclose such circumstances in writing. 

3. The Arbitration Commission shall promptly forward the Declarations of arbitrators and the information disclosed by arbitrators to the parties.


Article 31 Challenge to Arbitrator

1.An arbitrator shall withdraw under the circumstances specified in Article 34 of the Arbitration Law of the People's Republic of China. A party that has justifiable doubts as to the impartiality or independence of the appointed arbitrator may challenge that arbitrator in writing.

 2. Upon receipt of the Declaration and/or the written disclosure of an arbitrator, a party wishing to challenge the arbitrator on the grounds of the disclosed facts or circumstances shall forward the challenge in writing within five (5) days from the date of such receipt. If a party fails to file a challenge within the above time period, it may not subsequently challenge the arbitrator on the basis of the matters disclosed by the arbitrator.

3. If a party challenge the arbitrator for reasons other than the Declaration and/or the written disclosure of an arbitrator, the party shall raise the challenge in writing before the first oral hearing held by the Arbitral Tribunal, and states the facts and reasons on which the challenge is based. Where a party becomes aware of a reason for a challenge after the first oral hearing, the party may challenge the arbitrator no later than the conclusion of the last oral hearing. Where a case is no longer to be heard or to be decided only on the basis of documents, the party shall challenge the arbitrator within five (5) days after the reason for a challenge has become known to it.

4. The Arbitration Commission shall communicate the challenge promptly to the other party, the arbitrator being challenged and other members of the tribunal, who subsequently may all provide their comments on such challenge.

5. Where an arbitrator is challenged by one party and the other party agrees to the challenge, or the arbitrator being challenged voluntarily withdraws from his/her office, such arbitrator may no longer be a member of the Arbitral Tribunal. However, in neither case shall it be implied that the reasons for the challenge are sustained.

6. If the relationship between an arbitrator and the representative employed by a party after receiving the Notice of the Constitution of the Tribunal constitutes a circumstance in which the arbitrator shall withdrawal, the party does not have the right to challenge, but the right of the other party to challenge shall not be affected. If the arbitration procedure is delayed as a result of the challenge, the party causing the withdrawal shall bear the corresponding consequences, including but not limited to the expenses arising therefrom.

7. In circumstances other than those specified in the preceding Paragraph 5, the Chairman of the Arbitration Commission shall make a decision on the challenge. The challenge of the Chairman of the Arbitration Commission as an arbitrator shall be decided by the Arbitration Commission.

8. An arbitrator who has been challenged shall continue to perform his/her functions as arbitrator until a decision on the challenge has been made unless the arbitrator voluntarily requests to suspend his participation in the arbitration of the case.


Article 32 Replacement of Arbitrator

1.If an arbitrator is unable to participate in the arbitration owing to his/her demise or health reason, or the Chairman of the Arbitration Commission decides on the withdrawal, or the parties unanimously request his/her removal from the Panel of Arbitrators of the case, the arbitrator shall be replaced.

2.In the event that an arbitrator is prevented de jure or de facto from fulfilling his/her functions due to reasons other than those specified in the preceding Paragraph 1, or fails to fulfill his/her functions in accordance with the requirements of the Rules or within the time period specified in the Rules, the Chairman of the Arbitration Commission shall have the power to replace the arbitrator. Such arbitrator may also voluntarily withdraw from his/her office.

3.The Chairman of the Arbitration Commission shall make a final decision on whether or not an arbitrator should be replaced with or without stating the reasons.

4. In the event that an arbitrator is unable to fulfill his/her functions due to challenge or replacement, a substitute arbitrator shall be nominated or appointed within the time period according to the same procedure that applied to the nomination or appointment of the arbitrator being challenged or replaced. If a party fails to nominate or appoint a substitute arbitrator accordingly, the substitute arbitrator shall be appointed by the Chairman of the Arbitration Commission. After the nomination or appointment of an arbitrator, the Arbitral Tribunal shall decide whether and to what extent the previous proceedings in the case shall be repeated.


Article 33 Continuation of Arbitration by Majority 

After the conclusion of the last oral hearing, if an arbitrator on a three-member tribunal is unable to participate in the deliberations and/or to render the award owing to his/her demise or health problems, or for any other reason, the Chairman of the Arbitration Commission may replace that arbitrator pursuant to Article 32 of the Rules. After consulting with the parties and upon the approval of the Chairman of CIETAC, the other two arbitrators may also continue the arbitral proceedings and make decisions, rulings, or render the award.



Chapter VI Evidence 


Article 34 Burden of Proof

1.Each party shall bear the burden of proving the facts on which it relies to support its claim, answer or counterclaim.

2. If a party bearing the burden of proof fails to produce evidence within the specified time period, or if the produced evidence is not sufficient to support its claim or counterclaim, it shall bear the consequences thereof.


Article 35 Requirements for Proof

1.The parties shall classify, number, sign or seal the submitted evidence one by one, briefly explain the source, object and content of the evidence, indicate the date of submission, and submit copies according to the number of arbitrators and the number of the other party.

2.The documentary evidence submitted shall be original documents, and the material evidence submitted shall be original evidence. If it is truly difficult to present the original document or physical evidence, then duplicates, photographs, copies, or extracts of the original evidence may be admitted, but the source must be specified. If one party has no objection to the authenticity of the duplicates, photographs, copies, or extracts submitted by the other party, the duplicates, photographs, copies, or extracts may be regarded as consistent with the original.

3.Unless otherwise agreed by the parties, the evidence submitted in a foreign language shall be accompanied by a Chinese translation. When the Arbitral Tribunal considers it necessary, it may require the parties to provide corresponding translation in Chinese or other languages.


Article 36 Time Period for Producing Evidence

1.The Arbitral Tribunal may specify a time period for the parties to produce evidence and the parties shall produce evidence within the specified time period. If the parties reach a consensus through consultation, the time period for producing evidence may be changed.

2. If a party experiences difficulties in producing evidence within the specified time period, it may apply for an extension before the end of the period. The Arbitral Tribunal shall decide whether or not to extend the time period.

3.The Arbitral Tribunal may refuse to admit any evidence produced after the given time period. If the parties have agreed otherwise or the arbitration tribunal deems it necessary,  evidence submitted by one party after the given time period can be accepted, but the other party shall be given a reasonable time period for preparation and cross-examination.


Article 37 Investigation and Evidence Collection by the Arbitral Tribunal

1.Where the parties apply and the Arbitral Tribunal deems it necessary, or although the parties do not apply, the Arbitral Tribunal deems it necessary according to circumstances, the Arbitral Tribunal may, on its own initiative, undertake investigations and collect evidence. When investigating and collecting evidence by itself, the tribunal shall promptly notify the parties to be present at such investigation if it considers it necessary. In the event that one or both parties fail to be present after being notified, the investigation and collection of evidence shall proceed without being affected.

2. Evidence collected by the Arbitral Tribunal through its investigation shall be forwarded to the parties for their comments.


Article 38 Evidence Exchange

The Arbitral Tribunal may call on all parties to exchange evidence before the hearing. If the Arbitral Tribunal decides to accept the evidence or supplementary evidence provided by the parties beyond the time period, it shall arrange for the exchange of evidence before the examination of evidence.


Article 39 Evidence Check

The Arbitral Tribunal may, according to the needs of the hearing of the case, arrange the parties to check whether the original and copies of the evidence submitted are consistent. The Arbitral Tribunal may entrust the Secretary of the Arbitral Tribunal to organize the parties to check the above materials.


Article 40 Examination of Evidence

1.Where a case is examined by way of an oral hearing, the evidence shall be produced at the oral hearing and may be examined by the parties.

2. Where a case is to be decided on the basis of documents only, or where the evidence is submitted after the hearing, upon the agreement of the Arbitral Tribunal may, the parties may examine the evidence in writing. In such circumstances, the parties shall submit their written opinions on the evidence within the time period specified by the Arbitral Tribunal.

3. The evidence that has been mutually recognized and recorded by the parties during the exchange of evidence may be directly used as the basis for finding facts without examination of evidence after being explained by the Arbitral Tribunal at the hearing.

4. Evidence provided after the time period shall not be included in the scope of the hearing unless permitted by the Arbitral Tribunal. If the Arbitral Tribunal decides not to hold more hearing, it may require the parties to submit written opinions of evidence examination within a certain time period.


Article 41 Expert Consultation and Appraisal

1.On specific issues of the case, the Arbitral Tribunal may consult experts or refer them to the authorized department agreed by the parties for appraisal, or appoint an authorized department for clarification. 

2. When applying for appraisal, the party concerned shall submit an application for appraisal and relevant materials required for appraisal.

3. If both parties refuse to make an appraisal, the Arbitral Tribunal may render an arbitral award on the basis of the existing evidence.

4. The appraiser shall submit a written appraisal opinion. Copies of the appraiser’s opinion shall be forwarded to the parties for their comments. At the request of either party or the Arbitral Tribunal, the appraiser shall participate in an oral hearing, give explanations on the opinion, and answer questions raised by the parties or the Arbitral Tribunal.

5. Where a party requests a consultation with an expert, the consultation fee shall be prepaid; If the Arbitral Tribunal proposes to consult experts, the consultation fee shall be disbursed from the case handling fee. The appraisal fee shall be paid in advance by the party requesting the appraisal, or by both parties according to the decision of the Arbitral Tribunal. If the parties do not pay the consultation or appraisal fees in advance, the Arbitral Tribunal has the right to decide not to carry out the relevant consultation and appraisal. The Arbitral Tribunal shall decide on the appropriate actual consultation and appraisal expenses each party is obliged to bear.


Article 42 Evidence Supplement

1. Before the end of the oral hearing, if the parties request or the Arbitral Tribunal considers it necessary for the parties to supplement the evidence, the Arbitral Tribunal may require the parties to submit the supplementary evidence within a reasonable time period. If the evidence is not submitted within the time period, the Arbitral Tribunal may determine the facts of the case and render an award on the basis of the existing evidence.

2. The supplementary evidence materials submitted by the parties in accordance with the provisions in the preceding paragraph shall be exchanged and examined in accordance with Articles 38 and 40 of the Rules.


Article 43 Witness's Testifying

1. A party who requests a witness to take the stand shall submit such request in writing before the expiration of the time period for producing evidence and obtain permission from the Arbitral Tribunal

2. The witness should take the stand and receive questions from the parties. If a witness presents the testimony when the Arbitral Tribunal organizes the exchange of evidence between the two parties, the witness may be regarded as taking the stand. If it is really difficult to take the stand, with the permission of the Arbitral Tribunal, the witness may submit written testimony or adopt audio-visual materials and audio-visual communication technology to testify.


Article 44 Evidence Determination

1. The evidence shall be determined by the Arbitral Tribunal. The Arbitral Tribunal shall decide whether to adopt the expert advice and appraisal opinion.

2. The Arbitral Tribunal may, in addition to the relevant laws, administrative regulations and judicial interpretations, also take into account the industry practices and transaction practices, etc. to determine the evidence based on the overall circumstances of the case.

3. The Arbitral Tribunal shall confirm those facts and evidence unfavorable to one party which are recognized by the party in the Request for Arbitration, Answer to the Request, the statements made in the Arbitral Tribunal inquiry and other written opinions, unless the party go back and there is evidence to the contrary to reverse those self-recognized unfavorable facts and evidence.

4. If one party neither acknowledges nor denies the fact stated by the other party, and after full explanation and inquiry by the Arbitral Tribunal, the party still does not explicitly affirm or deny the facts, the party shall be deemed as recognition of the fact.

5. If there is evidence to prove that one party holds the evidence and refuses to provide it without justifiable reasons, the claim may be presumed to be valid when the other party claims that the content of the evidence is unfavorable to the evidence holder.



Chapter VII Hearing 


Article 45 Conduct of Hearing

1.The Arbitral Tribunal shall hold oral hearings when examining the case.

2. The Arbitral Tribunal may examine the case on the basis of the Request for Arbitration, the Answer to the Request, the Statement of Counterclaim, and other evidence documents only if the parties so agree or the Arbitral Tribunal deems that oral hearings are unnecessary and further get the agreement of parties.

3. The hearing may be conducted in any form deemed appropriate by the Arbitral Tribunal, such as on-site hearing or video hearing unless otherwise agreed by the parties. During the trial, the Arbitral Tribunal shall treat the parties equally and give them reasonable opportunities to state and debate.

4. Unless otherwise agreed by the parties, the Arbitral Tribunal may, if considers it necessary, issue procedural orders or question lists, hold pre-hearing conferences and preliminary hearings, and produce terms of reference, and may also make arrangements for the exchange and/or examination of evidence.


Article 46 Place of Oral Hearing 

1.The seat of the Arbitration Commission shall be the place of the hearing. With the consent of the Chairman of the Arbitration Commission, the case may also be heard at a place deemed appropriate by the Arbitral Tribunal or agreed by the parties.

2.Where the parties have agreed on the place of an oral hearing other than the seat of the Arbitration Commission, they shall pay in advance the travel and accommodation expenses incurred therefrom. The parties shall pay the above fees in advance within the time period specified by the Arbitration Commission in accordance with the proportion agreed or determined by the Arbitral Tribunal. If it is paid in advance, the hearing shall be held at the seat of the Arbitration Commission.


Article 47 Notice of Oral Hearing 

1. The Secretary of the Arbitral Tribunal shall notify the parties of the date and place of the hearing at least fifteen (15) days in advance of the first oral hearing of the Arbitral Tribunal; If the parties reach a consensus through consultation and the Arbitral Tribunal agrees, or the Arbitral Tribunal obtains the consent of the parties, the hearing may be held in advance; A party having justified reasons may request in writing a postponement of the oral hearing seven (7) days before the first oral hearing. The Arbitral Tribunal shall decide whether or not to postpone the oral hearing.

2. A notice of a subsequent oral hearing date and a notice of a postponed oral hearing date shall not be subject to the time periods of fifteen (15) days.


Article 48 Default 

1.After receiving the notification in writing, if the Claimant fails to appear at an oral hearing without justifiable reason, or withdraws from an ongoing oral hearing without the permission of the Arbitral Tribunal, the Claimant may be deemed to have withdrawn its application for arbitration. In such a case, if the Respondent has filed a counterclaim, the Arbitral Tribunal shall proceed with the hearing of the counterclaim and make a default award. 

2. After receiving the notification in writing, if the Respondent fails to appear at an oral hearing without justifiable reason, or withdraws from an ongoing oral hearing without the permission of the Arbitral Tribunal, the Arbitral Tribunal may proceed with the arbitration and make a default award. In such a case, if the Respondent has filed a counterclaim, the Respondent may be deemed to have withdrawn its counterclaim.


Article 49 Identity Checking

1. Before the hearing, the secretary of the Arbitral Tribunal shall find out whether the parties, representatives and other arbitration participants are present.

2. During the hearing, the presiding arbitrator or the sole arbitrator shall check the identity of the parties.


Article 50 Debate in Oral Hearing

The parties have the right to debate during the oral hearing. At the end of the investigation, the Claimant and the Respondent express their opinions and debate with each other. The Arbitral Tribunal may also require the parties to submit written arguments according to the circumstances of the oral hearing.


Article 51 Final Statement

Before the conclusion of the oral hearing, the Arbitral Tribunal shall consult the parties for their final statement. The final statement of the parties may be presented orally at the hearing or in writing within the time period set by the Arbitral Tribunal.


Article 52 Record of Hearing 

1.During the hearing, the tribunal shall make a written record of the hearing, and may arrange an audio-visual record of the hearing.

2.Any party or participant in the arbitration may apply for a rectification of any omission or error in the minutes of its own statement. 

3.The written record shall be signed or sealed by the arbitrators, the recorder, the parties, and other participants in arbitration, if any. In case of refusal to sign or seal, the information shall be recorded and attached.


Article 53 Consolidation of Arbitrations

1.The tribunal may, on the application of any party and with the consent of all other parties concerned, order the consolidation of related arbitrations.

2. This Article shall not apply to cases where the arbitrators of the tribunals are different. 

3. Unless otherwise agreed to by the parties, cases shall be consolidated into the case that has commenced first. Unless the parties otherwise jointly request for a single award, the tribunal shall render separate awards on the consolidated cases.

4. After the consolidation of arbitrations, the conduct of the arbitral proceedings shall be decided by the Arbitral Tribunal according to the circumstances.


Article 54 Joinder of Other Parties under Same Arbitration Agreement

1.Where the Claimant or the Respondent requests another party under the same arbitration agreement to be joined into the arbitration proceedings, before the constitution of the tribunal, it shall submit a written application. The Arbitration Commission shall make a decision on the application. In the case that the Arbitration Commission has made a decision to permit such joinder, if the multiple Claimants and/or the multiple Respondents have failed to jointly appoint a respective arbitrator, the Chairman of the Arbitration Commission shall appoint the arbitrator.

2.After the tribunal has been constituted, where any Claimant or Respondent requests another party under the same arbitration agreement to be joined into the arbitration proceedings as a party and such party has waived its right to re-appoint arbitrator and accepted the arbitration proceedings accomplished before, the tribunal may decide whether to permit such application.


Article 55 Joinder of Third Parties

1. Before the constitution of the tribunal, the Claimant and the Respondent may in written application request a third party to be joined in arbitration with the consent of the third party. A third party may also apply in writing to become a party in arbitration with the written consent of both parties. The Arbitration Commission shall decide on the joinder of a third party. In the case the Arbitration Commission has made a decision to permit such joinder, if the multiple Claimants and/or the multiple Respondents have failed to jointly appoint a respective arbitrator, the Chairman of Arbitration Commission shall appoint all the arbitrators.

2. After the tribunal has been constituted, the Claimant and the Respondent may in written application request a third party to be joined in arbitration with the consent of the third party. A third party may also apply in writing to become a party in arbitration with the written consent of both parties. Where the third party has waived its right to re-appoint arbitrator and accepted the arbitration proceedings, the tribunal may decide whether to permit such application.


Article 56 Withdrawal and Dismissal 

1.A party may submit to the Arbitration Commission the withdrawal of its claim or counterclaim in its entirety. In the event that the Claimant withdraws its claim in its entirety, the Arbitral Tribunal may proceed with its examination of the counterclaim and render an arbitral award thereon. In the event that the Respondent withdraws its counterclaim in its entirety, the Arbitral Tribunal may proceed with the examination of the claim and render an arbitral award thereon.

2.Where a case is to be dismissed before the constitution of the tribunal, the decision shall be made by the Arbitration Commission. Where the case is to be dismissed after the constitution of the tribunal, the decision shall be made by the Arbitral Tribunal. The arbitration commission or the Arbitral Tribunal has the right to decide that the party applying for withdrawal shall bear the corresponding arbitration expenses. If the parties agree otherwise, such agreement shall prevail.

3.If the parties withdraw their application for arbitration, they may apply for arbitration again in accordance with the arbitration agreement.

4. If the arbitration procedure is unnecessary or impossible to continue due to legal reasons, the Arbitration Commission or the Arbitral Tribunal may make a decision to dismiss the case.


Article 57 Settlement

1.The parties may settle their dispute by themselves. Where the parties have reached a settlement agreement by themselves, they may request the Arbitral Tribunal to render an arbitral award or a conciliation statement in accordance with the terms of the settlement agreement, or withdraw their claim or counterclaim.

2. If the parties go back after reaching a settlement agreement but have not yet withdrawn the application for arbitration, the arbitration procedure shall continue. If the application for arbitration has been withdrawn, the parties may file a new application for arbitration in accordance with the original arbitration agreement.


Article 58 Mediation

1.Before making an award, the Arbitral Tribunal may first mediate at the request of or with the consent of the parties.

2. Where the mediation is not successful, the Arbitral Tribunal shall render an arbitral award in a timely manner. In such case, however, neither party may invoke any statement, opinion, view or any proposal by either party or by the Arbitral Tribunal in the process of mediation as grounds for any claim, answer or counterclaim in the subsequent arbitral proceedings, judicial proceedings, or any other proceedings.

3. To reach an agreement through mediation, both parties must be voluntary, not forced, and the contents of the mediation agreement shall not contravene the law. If an agreement is reached through mediation, the Arbitral Tribunal shall make a mediation statement or an award based on the result of the mediation agreement. The mediation statement has the same legal effect with the award. 

4. The mediation statement shall clearly state the arbitration claim, the result of the agreement between the parties and the burden of the arbitration fees. The mediation statement shall be signed by the arbitrators, sealed by the Arbitration Commission and served on both parties. After the mediation statement is signed by both parties, it becomes legally effective. If the parties go back on their words before the mediation statement is accepted, the Arbitral Tribunal shall make an award in time.

5. If there are errors in text, calculation or other errors in the mediation statement, the Arbitral Tribunal shall make corrections. The parties also have the right to ask for corrections within 30 days after signing the mediation statement. The supplement and correction of the mediation statement is an integral part of the mediation statement and takes effect after being served on the parties.


Article 59 Mediation by Mediator

1. Any party may apply for mediation upon the consent of the other party during the period after an arbitration case has been accepted and before the tribunal is constituted. The Chairman of the Arbitration Commission shall, within three (3) days upon the receipt of consent to mediate in writing, appoint a mediator from the Panel of Mediators.

2. Mediation shall not affect the arbitration proceedings. During mediation, if one party requests the postponement of the constitution of the tribunal, to which the other party agrees, the Secretariat may postpone the process of constituting the tribunal.

3. The mediator upon appointment shall disclose any facts or circumstances which 

may give rise to justifiable doubts as to his/her impartiality or independence, of which the Secretariat shall notify the parties promptly. A party may request the withdrawal or change of the mediator by a written application. The Chairman of the Arbitration Commission shall decide on the application with or without stating the reasons therefor. 

4. A mediator may use methods he/she considers appropriate for facilitating the parties to reach a settlement including but not limited to:

(a) meeting with the parties and their representatives separately or jointly; 

(b) asking the parties to put forward settlement proposals in writing or verbally; and

(c) suggesting settlement proposals to the parties under the principle of ex aequo et bono.

5. Where a settlement agreement is reached through mediation, the Claimant may withdraw its Application for Arbitration, or ask the tribunal to be subsequently constituted to render the award on the basis of the terms of the settlement agreement. 

6. The mediator shall terminate mediation if either party requests such termination in the mediation proceedings. In any event, the mediation proceedings shall be terminated on the date of constitution of the tribunal.

7. Unless otherwise agreed to by the parties in writing, a mediator shall not act as an arbitrator in the subsequent arbitration proceedings.


Article 60 Suspension of the Arbitral Proceedings 

1.Where the parties jointly or one party apply and the other parties do not object, the arbitral proceedings may be suspended. After the suspension, if either party applies for the resumption of the arbitration procedure, or the Arbitration Commission or the Arbitral Tribunal considers it necessary, the arbitration procedure shall be resumed.

2. If it is necessary to suspend the arbitration procedure under special circumstances, the arbitration procedure may be suspended. The arbitral proceedings shall resume as soon as the special circumstances disappear. 

3. The decision to suspend or resume the arbitral proceedings shall be made by the Arbitration Commission before the formation of the Arbitral Tribunal; After the formation of the Arbitral Tribunal, the Arbitration Commission may authorize the Arbitral Tribunal to make a decision. The period of suspension of proceedings shall not be counted as the period of procedure provided by the Rules.

 


Chapter VIII Decision and Arbitral Award 


Article 61 Decision

1. In the process of hearing a case, the Arbitral Tribunal has the power to make decisions on the procedural issues or procedural matters involved.

2. If the Arbitral Tribunal is composed of three arbitrators, any decision shall be made in accordance with the majority opinion. If a majority opinion cannot be formed, the decision shall be made in accordance with the opinion of the presiding arbitrator.

3. With the consent of the parties or the authorization of other arbitrators, the presiding arbitrator may also make decisions on procedural matters.


Article 62 Rendering Award

1.The tribunal shall fairly and reasonably render the award on the basis of facts and in accordance with laws.

2. Where a case is examined by an Arbitral Tribunal composed of three (3) arbitrators, the award shall be rendered by a majority of the arbitrators. A written dissenting opinion shall be kept with the file and may be appended to the award. Where the tribunal cannot reach a majority opinion, the award shall be rendered in accordance with the presiding arbitrator’s opinion.

3. If the Arbitral Tribunal is composed of one arbitrator, the sole arbitrator shall make an award directly.

4. The Arbitral Tribunal shall make an award within four (4) months from the date of its formation. Where there are special circumstances that require an appropriate extension, the Arbitral Tribunal shall submit it to the Chairman of the Arbitration Commission for approval.

5. The above-mentioned time does not include the period for determining the jurisdiction of arbitration, the period for auditing, examining, evaluating, appraising, testing, and inspecting on special issues, and the period for the parties to settle out of court.


Article 63 Confirmation of Award

1. The Arbitration Commission may, in accordance with the arbitration agreement reached by both parties, make a confirmation award on the following claims:

(a) where the parties request confirmation of the validity of the contract;

(b) where the parties have reached a settlement agreement or mediation agreement on the dispute outside the Arbitration Commission, and request the Arbitration Commission to render an award or mediation statement.

2. A party's request for a confirmation award shall not harm the public interests or the interests of a third party, and shall not evade the mandatory provisions in the Civil Code of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other current Chinese laws. 

3. The Arbitral Tribunal shall examine the claims of the parties, relevant contracts, settlement agreements or mediation agreements and other evidence materials, and may, when necessary, collect evidence in accordance with Article 37 of the Rules.

4. Where the claims of the parties violate the provisions of paragraph 2 of this Article, the Arbitral Tribunal shall refuse to make a confirmation award and reject the claims of the parties.


Article 64 Partial Award 

1. Where the Arbitral Tribunal considers it necessary, or where a party so requests and the Arbitral Tribunal agrees, the Arbitral Tribunal may first render a partial award on any part of the claim before rendering the final award. 

2. The parties shall perform the partial award. Failure to perform the partial award by any party will neither affect the continuation of the arbitration proceedings nor prevent the tribunal from rendering the final award.


Article 65 Allocation of Fees

1. The tribunal has the discretion to determine in the award the arbitration fees and other expenses actually incurred by the parties, including but not limited to the appraisal fees, evaluation fees and audit fees.

2. The arbitration fee shall, in principle, be borne by the losing party. If the parties partially win or partially lose the lawsuit, the Arbitral Tribunal shall determine the proportion of the arbitration fees to be borne by each party according to the extent of its responsibilities. If the parties reach a settlement on their own or settle the case through mediation by the Arbitral Tribunal, the parties may determine the proportion of the arbitration fees to be borne by them through negotiation.

3. The tribunal has the discretion to decide in the award, at the request of the parties, that the losing party shall compensate the winning party for the expenses reasonably incurred by it in pursuing its case, including but not limited to the attorney's fees, preservation fees, travel expenses and notarization fees. When determining the above fees, the tribunal shall consider the factors such as the outcome and complexity of the case, the workload of the winning party and/or its representative(s), and the amount in dispute, etc.


Article 66 Award

1.The Arbitral Tribunal shall state in the award the acceptance of arbitration application, the claims, the facts of the dispute, the reasons on which the award is based, the result of the award, the allocation of the arbitration costs, and the date on which the award is made. 

2.The facts of the dispute and the reasons on which the award is based may not be stated in the award if the parties have so agreed, or if the award is made in accordance with the terms of a settlement agreement or of a mediation agreement between the parties or a confirmed award is made according to Article 63 of the Rules.

3. The tribunal shall submit its award draft to the Arbitral Commission for scrutiny before signing the award. The Arbitral Commission may modify the form of the award or remind the tribunal of substantive issues in the award on the condition that the tribunal’s independence in rendering the award is not affected.

4. The award shall be signed by the arbitrators. The arbitrators who hold different opinions on the award may or may not sign their names.

5. After signed by the arbitrators, the award shall be sealed by the Arbitration Commission.

6. The award comes into legal effect on the date when the award is made.


Article 67 Amendment and Interpretation of the Award

1. The parties may, within 30 days from the date of receiving the award, apply in writing to the Arbitral Tribunal for correction of the written, computational or other errors in the award; If there is a definite error, the Arbitral Tribunal shall make a written correction within 30 days from the date of receiving the written application. The Arbitral Tribunal itself may also make corrections in writing within a reasonable time after making the award. The written correction forms an integral part of the award.

2. The Arbitral Tribunal is responsible for the interpretation of the award.


Article 68 Supplement to the Award

Where any matter which should have been decided by the Arbitral Tribunal was omitted from the arbitral award, either party may request the tribunal in writing for a supplementary award within thirty (30) days upon the receipt of the award. If such omission does exist, the tribunal shall render a supplementary award within thirty (30) days upon the date of receipt of the written request. The tribunal may also render a supplementary award on its own initiative within a reasonable period of time after the award is rendered. Such supplementary award shall constitute a part of the award previously rendered.


Article 69 Execution of Award or Mediation Statement

Where one party fails to execute the award or the mediation statement, the other party may apply to a competent court for enforcement of the award pursuant to laws.


Article 70 Application for Cancellation of Arbitration Award   

A party applying for cancellation of the arbitration award shall file an application with a competent court within six months from the date of receiving the award.


Article 71 Re-arbitration

1. If the parties apply for cancellation of the arbitration award and the court considers that the arbitration can be conducted again with the consent of the Arbitral Tribunal, the original Arbitral Tribunal shall conduct the arbitration.

2. In case of re-arbitration, the validity of the original arbitration award shall be suspended. 

  


Chapter IX Summary Procedure 


Article 72 Application of Summary Procedures

1. The Summary Procedure shall apply to any case where the amount in dispute does not exceed RMB 3,000,000 unless otherwise agreed by the parties; or where the amount in dispute exceeds RMB 3,000,000 (including RMB 3,000,000), yet both parties have agreed to apply the Summary Procedure.

2. Where there is no monetary claim or the amount in dispute is not clear, the Arbitral Commission shall determine whether or not to apply the Summary Procedure after full consideration of relevant factors, including but not limited to the complexity of the case and the interests involved.


Article 73 Formation of the Arbitral Tribunal 

A sole-arbitrator tribunal shall be formed in accordance with Article 27 of the Rules under the Summary Procedure, but the period for the selection of arbitrators shall be seven (7) days.


Article 74 Answer and Counterclaim

Within ten (10) days upon the receipt of the Notice of Arbitration and other arbitral documents, the Respondent shall submit its Answer and relevant evidence materials to the Arbitration Commission. Counterclaims, if any, shall also be filed with supporting evidence within the aforesaid period of time. If a party does have justifiable reasons to request for an extension of the aforesaid time period, the tribunal shall decide whether to extend the time limit or not; and such decision shall be made by the Chairman of the Arbitration Commission in the event that the tribunal has not been constituted.


Article 75 Conduct of Hearing

The tribunal may hear the case in the manner it considers appropriate. The tribunal may in its full discretion decide to examine the case only on the basis of the written materials and evidence submitted by the parties or hold hearings.


Article 76 Notice of Hearing

1. For a case examined by way of a hearing, the Secretariat of the tribunal shall, after the tribunal has fixed a date for the hearing, notify the parties of the date at least five (5) days in advance of the date of hearing. A party having justifiable reasons may request the tribunal for a postponement of the hearing. However, such request must be submitted to the tribunal at least three (3) days in advance of the date of hearing. The tribunal shall decide whether to postpone the hearing or not.

2. If the party does have justifiable reasons for failure to request for a postponement of the hearing within the time limit, the tribunal will decide whether to accept its request for postponement or not.

3. A notice of the subsequent hearing and a notice of a postponed hearing shall not be subject to the time limit provided in Paragraph one of Article 76.


Article 77 Change of Procedures

1. If the amount of dispute exceeds RMB 3,000,000 (including RMB 3,000,000) due to the amendment to the claim or by the filing of a counterclaim, the Summary Procedure may be changed to the general procedure upon the application of one party or if the Arbitral Tribunal considers it necessary. Arbitral Tribunal shall submit to the Chairman of the Arbitration Commission for decision on whether to change the procedure.

2. After the change of procedures, the parties shall, within five (5) days from the date of receiving the notice of the change of procedures, respectively select or entrust the Chairman of the Arbitration Commission to appoint arbitrator(s) in accordance with Article 26 of the Rules. If no arbitrator is selected or entrusted to be appointed by the Chairman of the Arbitration Commission within this time period, the Chairman of the Arbitration Commission shall appoint the arbitrator. The original sole arbitrator shall act as the presiding arbitrator unless otherwise agreed by the parties.

3. In cases where the original general procedure is applicable, if the Claimant changes the request for arbitration before the formation of the Arbitral Tribunal, and the amount of the arbitration claim after the change does not exceed RMB 3,000,000, the Summary Procedure shall apply. After the formation of the Arbitral Tribunal, the change of the request for arbitration or the filing of a counterclaim shall not affect the continuation of the general proceedings.

4. The Arbitral Tribunal shall decide whether the arbitration procedure which has been conducted before the change of procedures shall be conducted again.


Article 78 Time Period for Rendering Award 

The Arbitral Tribunal shall render an arbitral award within forty (40) days from the date on which the Arbitral Tribunal is formed. If the extension is necessary under special circumstances, the Arbitral Tribunal shall submit it to the Chairman of the Arbitration Commission for approval.

Article 79 Application of Other Articles in the Rules 

Matters that are not covered in this Chapter shall be referred to the relevant Articles in other Chapters of the Rules.

 


Chapter X Third-Party Funding


Article 80 Definition

A situation in which a natural person or entity other than a party to the dispute agrees to bear all or part of the expenses of a party participating in the arbitration proceedings and agrees to receive a certain proportion of the winning award as the remuneration for the funding.


Article 81 Duty of Disclosure

The funded party shall communicate, without delay, a written notice to the Arbitration Commission, the Arbitral Tribunal, any emergency arbitrator and all other parties, of the fact and nature of the third-party funding, the name and identity of the third-party funder. The Arbitral Tribunal has the power to disclose the existence of the funding agreement and the name and identity information of the third-party investor at the request of the other party or on its own initiative.

After the parties disclose in writing the fact, nature, name and identity of the third-party funder, the arbitrators and emergency arbitrators shall immediately take the initiative to disclose in writing to the Arbitration Commission any facts or circumstances related to the third-party funding that may cause reasonable doubt about their independence or impartiality. The Arbitration Commission shall promptly transmit the information disclosed by the arbitrators in writing to the parties. The disclosure of arbitrators and emergency arbitrators, as well as the withdrawal and replacement of arbitrators and emergency arbitrators arising therefrom, shall be governed by articles 30, 31 and 32 of the Rules.


Article 82 Award

When making a final award on the bearing of arbitration fees, the Arbitral Tribunal may take into consideration the third-party funding. 



Chapter XI  Special Provisions for International Commercial Arbitration 


Article 83 Scope of Application

1.The Arbitration Commission shall apply the provisions of this Chapter in hearing international civil and commercial cases. In respect of matters not provided for in this Chapter, the other relevant provisions of the Rules shall apply unless otherwise agreed by the parties.

2. Arbitrations relating to the Hong Kong SAR, the Macao SAR and the Taiwan region may also be conducted by reference to the provisions of this Chapter.

3. In the arbitration institutions in the mainland of China, any dispute between the parties as to the existence of international elements shall be referred to the Arbitral Tribunal for a decision. The decision of the Arbitral Tribunal shall not affect arbitral proceedings already conducted. This Chapter shall apply if the Arbitral Tribunal decides that foreign elements exist in the case.

4. Under any of the following circumstances, the Arbitral Tribunal may consider it to have foreign elements:

(a) one or both parties are foreign citizens, foreign legal persons or other organizations, or stateless persons;

(b) the habitual residence of one or both parties are outside the territory of the People's Republic of China;

(c) the subject matter is outside the territory of the People's Republic of China;

(d) the legal facts that give rise to, change or eliminate the civil relation take place outside the territory of the People's Republic of China; and 

(e) other circumstances that can be identified as foreign-related civil and commercial relations.


Article 84 Validity of Arbitration Agreement

If the parties to an international civil and commercial case object to the validity of the arbitration agreement, the Arbitration Commission or the Arbitral Tribunal authorized by the Arbitration Commission shall make a decision on the validity of the arbitration agreement according to the law chosen by the parties. If the parties have not agreed on the applicable law but have agreed on the place of arbitration, the law of the place of arbitration shall apply. Where there is no agreement on the applicable law or on the place of arbitration, or the agreement on the place of arbitration is unclear, the law of the country where the Arbitration Commission is located shall apply.


Article 85 Answer and Counterclaim

The Respondent shall submit its Answer to the Request and other supporting documents within forty-five (45) days of its receipt of the Notice of Arbitration and other arbitration materials. Counterclaim, if any, shall also be filed in writing within the same time period. the Claimant shall file its Answer to the Request and supporting documents to the Arbitration Commission within forty-five (45) days of its receipt of the counterclaim.


Article 86 Composition of the Arbitral Tribunal

1.The parties shall, within twenty (20) days from the date when the Respondent receives the Notice of Arbitration and other arbitral documents, determine the composition of the three-arbitrator tribunal in accordance with Article 26 of the Rules or the sole arbitrator in accordance with Article 27 of the Rules.

2. If the parties fail to nominate, or entrust the Chairman of the Arbitration Commission to appoint an arbitrator in accordance with the provisions of the preceding paragraph, the Chairman of the Arbitration Commission shall appoint the arbitrator.


Article 87 Conservatory and Interim Measures

Where a party applies for conservatory and interim measures pursuant to the foreign law, the Arbitration Commission shall, in accordance with the relevant applicable foreign laws and the provisions of the Rules, transfer the party’s application to the competent court designated by that party for a ruling or to the tribunal for a decision. The Arbitral Tribunal may decide to order or award any conservatory and interim measure it deems necessary or proper, and has the right to decide that the party requesting conservatory and interim measures shall provide appropriate security.


Article 88 Emergency Arbitrator

1.Where the law applicable to the arbitration procedure permits, any party, who needs to apply for conservatory and interim measures due to the emergency during the period between the commencement of the arbitration and the constitution of the tribunal, may apply for emergency arbitrators, by submitting a written application and reasons therefor. The Arbitration Commission shall decide whether to accept the application.

2.When deciding to apply the Emergency Arbitrator Procedures, the Arbitration Commission shall appoint an emergency arbitrator within two (2) days from its receipt of both the Application and the advance payment of the costs for the Emergency Arbitrator Procedures. The Arbitration Commission shall promptly transmit the Claimant’s application file and its attachments to the Respondent.

3.Information disclosure and withdrawal of emergency arbitrators shall be handled with reference to articles 30 and 31 of the Rules. Upon receipt of the written disclosure of an emergency arbitrator, a party wishing to challenge the arbitrator on the grounds of the facts or circumstances disclosed by the emergency arbitrator shall forward the challenge in writing within two (2) days from the date of such receipt. If a party fails to file a challenge within the above time period, it may not subsequently challenge the emergency arbitrator on the basis of the matters disclosed by the emergency arbitrator.

4.The emergency arbitrator shall have the power to review the parties' application for conservatory and interim measures in a manner he/she deems appropriate, but shall ensure that the parties have a reasonable opportunity to make a statement.

5.The emergency arbitrator shall make a decision on the application for conservatory and interim measures in accordance with Article 22 of the Rules.

6.The emergency arbitrator shall withdraw from the hearing of the case from the date of the constitution of the Arbitral Tribunal, and shall hand over all the case files to the Arbitral Tribunal.

7. Unless otherwise agreed to by the parties, thy emergency arbitrator shall not act as an arbitrator to decide a dispute relating to conservatory and interim measures.


Article 89 Rendering Decision on Conservatory and Interim Measures

1.The tribunal or emergency arbitrator shall, in accordance with the relevant laws in the jurisdiction where the interim measures are sought, render and sign a written decision with reasons, in the format as required, on any application for interim measures. Any decision on conservatory and interim measures rendered shall be signed and sealed by the Arbitration Commission or emergency arbitrator. 

2. The tribunal or the emergency arbitrator may, considering the nature of the conservatory and interim measures sought, order the provision of appropriate security by the Claimant before making a decision.

3. A decision on conservatory and interim measures in accordance with this Article shall be rendered by the emergency tribunal within twenty (20) days upon its constitution, or by the tribunal within twenty (20) days upon its receipt of the application for interim measures. The emergency tribunal or the tribunal shall render a decision on conservatory and interim measures within ten (10) days upon the date the security is provided pursuant to Paragraph 2 of Article 89.


Article 90 Amendment to Decision on Conservatory and Interim Measures

1.Where the opposing party or applicant of the conservatory and interim measures objects to a decision on interim measures, it shall file a written objection with the Arbitration Commission within three (3) days upon its receipt of the decision. If it is really difficult to do so in writing, it may also be done orally.

2.The Arbitration Commission shall refer the application for objection to the emergency arbitrator or the tribunal to decide whether to maintain, modify, suspend, withdraw the decision on conservatory and interim measures. If the emergency arbitrator has withdrawn from the hearing, the subsequent Arbitral Tribunal shall decide whether to maintain, modify, suspend or withdraw the decision on preservation or interim measures.

3. The tribunal or emergency arbitrator shall, within three (3) days upon its receipt of the objection, decide on whether to maintain, modify, suspend or withdraw the decision on conservatory and interim measures.

4. The tribunal or emergency arbitrator has the discretion to decide whether the decision on conservatory and interim measure(s) should be modified, suspended or withdrawn. The tribunal also has the discretion to decide whether the decision on conservatory and interim measures rendered by the emergency tribunal should be modified, suspended or withdrawn.

5. Any amendment to a decision on conservatory and interim measures pursuant to this Article shall be made in writing with supporting reasons by the emergency tribunal or by the tribunal and shall constitute a part of the decision on conservatory and interim measures.

6. The party receiving an amendment to a decision on conservatory and interim measures shall notify the competent court within five (5) days upon the receipt of such amendment.


Article 91 Notice of Oral Hearing 

1.The Secretary of the Arbitral Tribunal shall notify the date of the oral hearing at least thirty (30) days in advance of the oral hearing. Where the parties reach a consensus through consultation and the Arbitral Tribunal agrees, the hearing may be held in advance.

2. A party with justifiable reasons may request a postponement of the hearing. However, such request must be communicated to the tribunal in writing at least ten (10) days in advance of the date of hearing. The tribunal shall decide whether to postpone the hearing or not.

3.A notice of subsequent oral hearing, as well as a notice of the date and place of a postponed oral hearing shall not be subject to the time periods specified in the preceding Paragraph 1.


Article 92 Time Period for Rendering Award 

The Arbitral Tribunal shall render an arbitral award within six (6) months from the date on which the Arbitral Tribunal is formed. If an extension is necessary, the Arbitral Tribunal shall report it to the Chairman of the Arbitration Commission for approval.


Article 93 Application of Law

1.The Arbitral Tribunal shall apply the rules of law agreed upon by the parties to decide the dispute. If the parties do not choose, the Arbitral Tribunal shall apply the rules of law which have the closest relation with this matter in dispute.

2.Unless otherwise agreed by the parties, the agreed applicable law refers to the substantive rules of law but not to the rules of conflict of laws.

3. The Arbitral Tribunal may make an award with reference to international commercial practice.



Chapter XII Special Provisions for Bridging Between Ad Hoc Arbitration and Institutional Arbitration  


Article 94 Scope of Application

For civil and commercial disputes involving the subjects of the Pilot Free Trade Zone, the parties agree to conduct ad hoc arbitration in a specific place in the mainland, in accordance with the specific arbitration rules, and by the Arbitral Tribunal composed of specific personnel. They can choose to or not to bridge the procedures and award with the arbitration institution. The provisions of this Chapter shall apply if the parties agree to bridge ad hoc arbitration and institutional arbitration in accordance with the Rules. In respect of matters not provided for in this Chapter, the other relevant provisions of the Rules shall apply.


Article 95 Definition

1.Ad hoc arbitration refers to the arbitration conducted by the subjects of the pilot free trade zone approved by the State Council in accordance with their mutual agreement, in a specific place in the mainland, in accordance with specific arbitration rules, and in the name of the Arbitral Tribunal, which is composed of specific personnel. If the parties do not express explicitly the intention for ad hoc arbitration, it shall not be regarded as ad hoc arbitration.

2. Arbitration institution refers to arbitration institution in the mainland of China, which is organized by relevant departments of the Municipal People's government and the chamber of commerce in accordance with the Arbitration Law of the People's Republic of China, or organized by the China International Chamber of Commerce.


Article 96 Determination of Bridging Arbitration Institution 

The bridging arbitration institution shall be determined in the following ways:

1. Where the parties have agreed on the bridging institution, such institution shall conduct the bridging;

2. Where the parties have not agreed on the bridging institution but have agreed on the arbitration rules, the institution making the arbitration rules shall conduct the bridging unless otherwise agreed by the parties;

3. If the bridging institution in the mainland of China cannot be determined through the agreement of the parties or the arbitration rules, the bridging institution shall be chosen by the ad hoc Arbitral Tribunal.


Article 97 Supporting Services of Procedure 

If necessary, the parties or the ad hoc Arbitral Tribunal may entrust the bridging arbitration institution to provide the following paid services:

1. Case Administrator;

2. Service of Documents;

3. the Parties and the Arbitral Tribunal Contacting;

4. Selection, Withdrawal, Resignation and Replacement of Arbitrators;

5. Conservatory and Interim Measures;

6. Trial Service;

7. Investigation and Evidence Collection;

8. Translation Service;

9. Appraisal Services;

10. Expert Argumentation;

11. Other legal services.

In order to promote the arbitration procedure, with the consent of the parties, the ad hoc Arbitral Tribunal may use the paid services provided by the bridging organization, including but not limited to financial management, secretarial services, site leasing, file preservation, service, assistance in conservatory and interim measures. If one party does not agree with the Arbitral Tribunal about the use of paid service, the party shall bear the adverse consequences.


Article 98 Notice of Arbitration

1. One party, when initiating an arbitration, shall issue a Notice of Arbitration to the other party. Unless otherwise agreed by the parties, the arbitration proceedings shall commence on the date when the other party receives the Notice of Arbitration.

2. Before the formation of the Arbitral Tribunal, the parties concerned may issue the Arbitration Notice and other documents on their own, or entrust the bridging arbitration institution to issue them. After its formation, the Arbitral Tribunal shall be responsible for the exchange of arbitral documents between the two parties, or entrusting the bridging arbitration institution to conduct such exchange.


Article 99 Reconstitution of Arbitral Tribunal

Where the Arbitral Tribunal changes due to the arbitrator’s withdrawal, resignation, or refusal to accept the appointment of the parties, the parties shall re-select, request the chosen Arbitral Tribunal to select, or request the bridging arbitration institution to re-select an arbitrator.


Article 100 Conservatory and Interim Measures

Where a party applies for conservatory and interim measures, it may submit directly or through the Arbitral Tribunal to the court with jurisdiction. Where a party applying for conservatory and interim measures needs the cooperation of the arbitration institution, it may make a request to the bridging arbitration institution.


Article 101 Procedure Transformation

1.At any stage of the ad hoc arbitration process, the parties or the Arbitral Tribunal may apply to the Arbitration Commission for transforming the arbitration procedure into institutional arbitration.

2. Where the ad hoc arbitration is transformed into institutional arbitration, the procedure that has been conducted shall continue to be effective unless otherwise agreed by the parties. After being transformed to institutional arbitration, unless otherwise agreed by the parties, the remaining procedures shall be conducted in accordance with the arbitration rules of the selected arbitration institution.


Article 102 Confirmation of Award and Mediation Statement

1. The parties or the Arbitral Tribunal may, in accordance with the Rules, transform the ad hoc arbitration ruling documents, including but not limited to the award and mediation statement, into the ruling documents of institutional arbitration. The arbitration institution responsible for transforming the ruling documents shall confirm whether the subjects of the arbitration are qualified, whether the procedure conforms to the agreement of the parties, and whether the content of the ruling documents violates the mandatory provisions of law or public order and good morals. The confirmation of the award shall not affect the independence of the Arbitral Tribunal.

2. If the ruling documents are confirmed to meet the requirements of the preceding paragraph, they shall be confirmed with the official seal of the arbitration institution. Ruling documents that do not meet the requirements of the preceding paragraph shall not be confirmed.

3. After the confirmation of the Arbitration Commission, the ad hoc arbitration shall be deemed as the institutional arbitration of the bridging institution, and the date of affixing the seal shall be deemed as the date of making the document.


Article 103 Exemption Clause

1. Unless there is intentional or gross negligence, arbitrators shall not be liable for any of their acts or omissions in the arbitration proceedings.

2. The staff of the bridging arbitration institution shall not be responsible for the mistakes and negligence of the Arbitral Tribunal in the arbitration procedures, or the awards made by the Arbitral Tribunal.

Article 104 Validity and Application of the Rules 

These bridging rules and the arbitration rules selected by the parties are complementary to each other. In case of any inconsistency, it shall be decided by the agreement of the parties or by the Arbitral Tribunal.



Chapter XIII Supplementary Provisions 


Article 105 Place of Arbitration

1. Where the parties have agreed on the place of arbitration in writing, the parties’ agreement shall prevail.

2. Where the parties have not agreed on the place of arbitration, the Arbitral Tribunal shall determine the place of arbitration according to the facts of the case. And the Arbitral Tribunal shall, when determining the place of arbitration, prefer the place of arbitration located in the Member States of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

3. An award shall be deemed as being rendered at the place of arbitration.

4. Unless otherwise agreed by the parties, the Arbitral Tribunal may hold hearings, deliberations or meetings for any other purpose at any place it deems appropriate. The difference between the aforesaid place and the place of arbitration shall not be deemed as a change of the place of arbitration.


Article 106: Service

1.arbitral documents may be served in person or by mail, electronic means or by any other means considered appropriate by the Arbitral Tribunal. It shall be determined in accordance with the principle that the means is beneficial for the addressee to receive the arbitral documents, notices and other materials, to know the arbitration situation and to improve the efficiency of service. If the parties have an agreement on the means of service, such agreement shall prevail.

2. Arbitral documents, notices and materials shall be deemed to have been served if they have been delivered to the parties or their authorized representatives in person or by mail to the addressee’s place of business, place of registration, place of residence, address indicated on ID card, Hukou address, address for service agreed by the parties or any other correspondence address provided by the counterparty.

3. If, despite reasonable inquiries, the addressee’s place of business, place of registration, place of residence, address indicated on ID card, Hukou address, address for service agreed by the parties, or other correspondence address cannot be found, service shall be deemed to have been effected if the document, notice or material is delivered to the addressee’s last known place of business, place of registration, place of residence, address indicated on ID card, Hukou address, address for service agreed by the parties or other correspondence address, whether by mail, courier or by any other means of delivery which allows for a record of delivery.

4. Electronic service is based on a voluntary basis. If the parties agree in the contract or agree in writing to be served by means of electronic telecommunication and agree or confirm the electronic service address or number in writing, electronic service can be used to serve arbitral documents, notices and other materials except the award, mediation statement, and decision, to which the electronic service is not applicable. The electronic service can be delivered by a specific system, such as fax, e-mail, mobile communication, which is immediately received and confirmed by the process server, and the date of successful transmission of fax, e-mail, SMS, Wechat, etc. displayed by the corresponding system of the Arbitration Commission is the date of service. However, if the date on which the addressee certifies the arrival of the message to his/her specific system is inconsistent with the date on which the corresponding system indicates that the message was successfully sent, the date on which the addressee certifies the arrival of the message to his/her specific system shall prevail. If a mobile communication tool can be connected but cannot be delivered directly or by mail, except for the arbitral award, mediation statement and decision, it can be delivered by telephone. The process server shall inform the addressee of the contents of the arbitral documents, notice and other materials, and record the telephone number, call time, and the contents of the arbitral documents, notice and other materials. The call shall be recorded for future reference. For the service of arbitral documents, the process server shall keep the service acknowledgment signed (sealed) by the person to be served, written documents proving the service, audio-visual materials, electronic data and other materials on files, and the files shall be attached with a written certificate of successful electronic service.


Article 107 Files Preservation

The Arbitral Tribunal shall make arrangements for the preservation of the files. The Arbitral Tribunal shall decide to preserve the case files by itself or entrust an institution to preserve the files. If no arrangement is made, the Arbitral Tribunal shall preserve the files on its own or bear the cost of preservation. The files preservation period shall not be less than three years.


Article 108 Time Period Calculation

1.The period calculation method shall be in accordance with the provisions of the Rules, except otherwise provided by law or agreed by the parties.

2.For the time period specified in the Rules or determined in accordance with the Rules, which is calculated by day, month and year, the beginning day of a period shall not be counted in the period, as it shall be calculated from the next day. For the time period calculated by hours, it shall be calculated from the time prescribed by law or agreed by the parties.

3. For the time period specified in the Rules or determined in accordance with the Rules, which is calculated by year or month, the corresponding day of the expiration month shall be the last day of the period. Where there is no corresponding day, the end of the month shall be the last day of the period.

4. Public holidays and non-working days within the time period shall be counted in the time period. If the expiration date of a period falls on a holiday, the first day after the holiday shall be the expiration date of the period. The deadline of the expiration date of the period is 12 pm. Where there is a business time, the time to stop business activities shall be the deadline.

5.A statutory period shall not include the time en route. Arbitral documents, notices and other materials posted before the expiration date of a period shall not be regarded as overdue.

6. Where a party fails to comply with set time period for reasons beyond the party's control or for any other justifiable reasons, it shall notify the Arbitration Tribunal within a reasonable time, and it may apply for an extension of the period within ten (10) days after the impediment is eliminated, and the Arbitral Tribunal shall decide whether to permit such an extension.


Article 109 Language

1.Where the parties have agreed on the language for arbitration, their agreement shall prevail. Absent such an agreement, the Chinese language shall be the working language of arbitration. The tribunal may, based on the mutual agreement of parties, decide to use other languages as the working language for arbitration, taking the language of the arbitration agreement, the language of the contract in dispute and other factors in arbitration into account.

2.At a hearing, a party or its representative(s) or witness(es) may employ interpreter(s) if it/they requires, or may ask the Arbitration Commission to employ interpreter(s) on its/their behalf. The language interpreter(s) employed by a party itself shall be subject to the consent of the other party. If no agreement can be reached, the Arbitration Commission shall be entrusted to employ interpreter(s), and the translation expenses shall be borne by the parties.

3. The tribunal or the Arbitration Commission may, if it considers necessary, request the parties to submit a corresponding version of the documents and evidences in Chinese or in other languages.


Article 110 Electronic Signature

The signature of the arbitrator and the seal of the Arbitration Commission in the arbitral documents may be in the form of direct writing or direct affixing, or in the form of electronic signature or electronic official seal.


Article 111 Interpretation of the Rules

The headings of Articles in the Rules shall not serve as interpretations of the contents of the Articles contained herein. The Arbitration Commission reserves the right to interpret the Rules. Unless stated otherwise, other documents issued by the Arbitration Commission shall not constitute a part of the Rules.


Article 112 Official Versions of the Rules

All the versions of the Rules as published by the Arbitration Commission in Chinese, English and other languages are the official versions. In the event of any discrepancies among different versions, the Chinese version shall prevail.


Article 113 Implementation of the rules

The Rules shall take effect on  .