中国国际经济贸易仲裁委员会仲裁规则英文版.docx

1、中国国际经济贸易仲裁委员会仲裁规则英文版中国国际经济贸易仲裁委员会仲裁规则CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION ARBITRATION RULES（Revised and Adopted by China Chamber of International Commerce on September 4， 1995， Effective as from October 1，1995.）Chapter I General ProvisionsSection 1 JurisdictionArticle 1 Thes

2、e Rules are formulated in accordance with the Arbitration Law of the Peoples Republic of China and the provisions of the relevant laws and pursuant to the “Decision ”of the former Government Administration Council of the Central Peoples Government and the “Notice” and “Official Reply” of the State C

3、ouncil.Article 2 China International Economic and Trade Arbitration Commission （originally named Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade， later renamed as Foreign Economic and Trade Arbitration Commission of the China Council for the Promoti

4、on of International Trade， and presently called China International Economic and Trade Arbitration Commission， hereinafter referred to as the Arbitration Commission）independently and impartially resolves， by means of arbitration， disputes arising from international or foreign-related， contractual or

5、 non-contractual， economic and trade transactions， including those disputes between foreign legal persons and/or natural persons and Chinese legal persons and/or natural persons， between foreign legal persons and/or natural persons， and between Chinese legal persons and/or natural persons， in order

6、to protect the legitimate rights and interests of the parties and promote the development of domestic and international economy and trade.In case the law or administrative regulations of the Peoples Republic of China have special provisions or special authorization concerning the scope of accepting

7、cases， the Arbitration Commission may accept cases in accordance with the special provisions or special authorization.Article 3 The Arbitration Commission takes cognizance of cases in accordance with an arbitration agreement between the parties concluded before or after the occurrence of the dispute

8、 to refer their dispute to the Arbitration Commission for arbitration and upon the written application by one of the parties.An arbitration agreement means an arbitration clause stipulated by the parties in their contract or a written agreement concluded by the parties in other forms to submit their

9、 dispute for arbitration.Article 4 The Arbitration Commission has the power to decide on the existence and validity of an arbitration agreement and the jurisdiction over an arbitration case. If a party challenges the validity of the arbitration agreement and requests the Arbitration Commission to ma

10、ke a decision thereupon and the other party applies to the Peoples Court for a ruling， the lathers ruling shall prevail.Article 5 An arbitration clause contained in a contract shall be regarded as existing independently and separately from the other clauses of the contract， and an arbitration agreem

11、ent attached to a contract shall be treated as a part of the contract existing independently and separately from the other parts of the contract. The validity of an arbitration clause or an arbitration agreement shall not be affected by the modification， rescission， termination， invalidity， revocati

12、on or non-existence of the contract.Article 6 Any objections to an arbitration agreement and/or jurisdiction over an arbitration case shall be raised before the first hearing conducted by the arbitration tribunal. Where a case is examined on the basis of documents only， the objections to jurisdictio

13、n should be raised before submission of the first substantive defense.Article 7 Once the parties agree to submit their dispute to the Arbitration Commission for arbitration， it shall be deemed that they have agreed to conduct the arbitration under these Rules.Section 2 OrganizationArticle 8 The Arbi

14、tration Commission has one honorary Chairman and several advisers.Article 9 The Arbitration Commission is composed of one Chairman， several Vice-Chairmen and a number of Commission members. The Chairman performs the functions and duties vested in him by these Rules and the Vice-Chairmen may perform

15、the Chairmans functions and duties with the Chairmans authorization.The Arbitration Commission has a secretariat to handle its day-to-day work under the leadership of the Secretary-General of the Arbitration Commission.Article 10 The Arbitration Commission maintains a Panel of Arbitrators. The arbit

16、rators are selected and appointed by the Arbitration Commission from among Chinese and foreign personages with special knowledge and practical experience in the fields of law， economics and trade， science and technology， and other fields.Article 11 The Arbitration Commission is located in Beijing. T

17、he Arbitration Commission has a Shenzhen Sub-Commission in Shenzhen Special Economic Zone and a Shanghai Sub-Commission in Shanghai. The Sub-Commissions are an integral part of the Arbitration Commission.The Sub-Commissions have their own secretariats to handle their day-to-day work under the leader

18、ship of the Secretaries-General of the Sub-Commissions.These Rules uniformly apply to the Arbitration Commission and its Sub-Commissions. When arbitration proceedings are conducted in the Sub-Commissions， the functions and duties under these Rules to be carried out by the Chairman， the secretariat a

19、nd the Secretary-General of the Arbitration Commission shall be performed by the Vice-Chairmen authorized by the Chairman， the secretariats and the Secretaries-General of the Sub-Commissions respectively and accordingly.Article 12 The Parties may agree to have their dispute submitted for arbitration

20、 conducted by the Arbitration Commission in Beijing or by its Shenzhen Sub-Commission in Shenzhen or by its Shanghai Sub-Commission in Shanghai.In the absence of such an agreement， the Claimant may opt to have the arbitration conducted by the Arbitration Commission in Beijing or by its Shenzhen Sub-

21、Commission in Shenzhen or by its Shanghai Sub-Commission in Shanghai.When exercising such option， the option first made shall prevail. If a dispute arises over the option， it shall be decided by the Arbitration Commission.Chapter II Arbitration ProceedingsSection 1 Application for Arbitration， Defen

22、se and Counter-claimArticle 13 The arbitration proceedings shall commence from the date on which the Notice of Arbitration is sent out by the Arbitration Commission or its Sub-Commissions.Article 14 The Claimant shall satisfy the following requirements when submitting his Application for Arbitration

23、：（1）an Application for Arbitration in writing shall be submitted and the following shall be specified in the Application for Arbitration：（a）the name and address of the Claimant and those of the Respondent， including the zip code， telephone number， telex number， fax number and cable number， if any；（b

24、）the arbitration agreement relied upon by the Claimant；（c）the facts of the case and the main points of dispute；（d）the Claimants claim and the facts and evidence on which his claimis based. The Application for Arbitration shall be signed and/or stamped by the Claimant and/or the attorney authorized b

25、y the Claimant.（2）When an Application for Arbitration is submitted to the Arbitration Commission， the relevant documentary evidence on which the Claimants claim is based shall accompany the Application for Arbitration.（3）The Claimant shall pay an arbitration fee in advance to the Arbitration Commiss

26、ion according to the Arbitration Fee Schedule of the Arbitration Commission.Article 15 After receipt of the Application for Arbitration and its attachments and when the secretariat of the Arbitration Commission， after examination， deems that the Claimant has not completed the formalities required fo

27、r arbitration， the secretariat shall demand the Claimant to complete them， and when the secretariat deems that the Claimant has completed the formalities， the secretariat shall immediately send to the Respondent a Notice of Arbitration together with one copy each of the Claimants Application for Arb

28、itration and its attachments as well as the Arbitration Rules， the Panel of Arbitrators and the Arbitration Fee Schedule of the Arbitration Commission， and shall simultaneously send to the Claimant one copy each of the Notice of Arbitration， the Arbitration Rules， the Panel of Arbitrators and Arbitr

29、ation Fee Schedule.The secretariat of the Arbitration Commission， after sending the Notice of Arbitration to the Claimant and Respondent， the Notice of Arbitration to the Claimant and Respondent， shall appoint one of its staff-members to take charge of procedural administration of the case.Article 1

30、6 The Claimant and the Respondent shall， within 20 days as from the date of receipt of the Notice of Arbitration， appoint an arbitrator from among the Panel of Arbitrators of the Arbitration Commission or authorize the Chairman of the Arbitration Commission to make such appointment.Article 17 The Re

31、spondent shall， within 45 days from the date of receipt of the Notice of Arbitration， submit his written defense and relevant documentary evidence to the secretariat of the Arbitration Commission.Article 18 The Respondent shall， at the latest within 60 days from the date of receipt of the Notice of

32、Arbitration， lodge with the secretariat of the Arbitration Commission his counterclaim in writing， if any. The arbitration tribunal may extend that time limit if it deems that there are justified reasons.When lodging a counterclaim， the Respondent must state in his written statement of counterclaim his specific claim， reasons for his claim and facts and evidence upon which his claim is based， and attach to his written statement of counterclaim the relevant documentary evidence. When lodging a counterclaim， the Respondent sha