中华人民共和国仲裁法(英文版)

Arbitration Law of the People s Republic of China

(Adopted at the 8th Session of the Standing Committee of the 8thNational People s Congress and Promulgated on August 31, 1994)

Arbitration Law of the People s Republic of China

(Adopted at the 8th Session of the Standing Committee of the 8th

National People s Congress and Promulgated on August 31, 1994)

Chapter I General Provisions

Article 1

This Law is formulated in order to ensure that economic disputes shall

be impartially and promptly arbitrated, to protect the legitimate rights

and interests of the relevant parties and to guarantee the healthy

development of the socialist market economy.

Article 2

Disputes over contracts and disputes over property rights and

interests between citizens, legal persons and other organizations as equal

subjects of law may be submitted to arbitration.

Article 3

The following disputes shall not be submitted to arbitration:

1. disputes over marriage, adoption, guardianship,

child maintenance and inheritance; and

2. administrative disputes falling within the jurisdiction

of the relevant administrative organs according to

law.

Article 4

The parties adopting arbitration for dispute settlement shall reach an

arbitration agreement on a mutually voluntary basis. An arbitration

commission shall not accept an application for arbitration submitted by

one of the parties in the absence of an arbitration agreement.

Article 5

A people s court shall not accept an action initiated by one of the

parties if the parties have concluded an arbitration agreement, unless the

arbitration agreement is invalid.

Article 6

An arbitration commission shall be selected by the parties by

agreement.

The jurisdiction by level system and the district jurisdiction system

shall not apply in arbitration.

Article 7

Disputes shall be fairly and reasonably settled by arbitration on the

basis of facts and in accordance with the relevant provisions of law.

Article 8

Arbitration shall be conducted in accordance with the law, independent

of any intervention by administrative organs, social organizations or

individuals.

Article 9

The single ruling system shall be applied in arbitration. The

arbitration commission shall not accept any application for arbitration,

nor shall a people s court accept any action submitted by the party in

respect of the same dispute after an arbitration award has already been

given in relation to that matter.

If the arbitration award is canceled or its enforcement has been

disallowed by a people s court in accordance with the law, the parties

may, in accordance with a new arbitration agreement between them in

respect of the dispute, re-apply for arbitration or initiate legal

proceedings with the people s court.

Chapter II Arbitration Commissions and Arbitration Association

Article 10

Arbitration commissions may be established in the municipalities

directly under the Central Government, in the municipalities where the

people s governments of provinces and autonomous regions are located or,

if necessary, in other cities divided into districts. Arbitration

commissions shall not be established at each level of the administrative

divisions.

The people s governments of the municipalities and cities specified in

the above paragraph shall organize the relevant departments and the

Chamber of Commerce for the formation of an arbitration commission.

The establishment of an arbitration commission shall be registered

with the judicial administrative department of the relevant province,

autonomous region or municipalities directly under the Central Government.

Article 11

An arbitration commission shall fulfil the following conditions:

1. it must have its own name, domicile and Articles of Association;

2. it must possess the necessary property;

3. it must have its own members; and

4. it must have arbitrators for appointment.

The articles of association of the an arbitration commission shall be

formulated in accordance with this Law.

Article 12

An arbitration commission shall comprise a chairman, two to four

vice-chairmen and seven to eleven members.

The chairman, vice-chairmen and members of an arbitration commission

must be persons specialized in law, economic and trade and persons who

have actual working experience. The number of specialists in law, economic

and trade shall not be less than two-thirds of the members of an

arbitration association.

Article 13

The arbitration commission shall appoint fair and honest person as its

arbitrators.

Arbitrators must fulfil one of the following conditions:

1. they have been engaged in arbitration work for at least eight

years;

2. they have worked as a lawyer for at least eight years;

3. they have been a judge for at least eight years;

4. they are engaged in legal research or legal teaching and in senior

positions; and

5. they have legal knowledge and are engaged in professional work

relating to economics and trade, and in senior positions or of the

equivalent professional level.

The arbitration commission shall establish a list of arbitrators

according to different professionals.

Article 14

Arbitration commissions are independent of administrative organs and

there are no subordinate relations with any administrative organs nor

between the different arbitration commissions.

Article 15

The China Arbitration Association is a social organization with the

status of a legal person. Arbitration commissions are members of the China

Arbitration Association. The Articles of Association of the China

Arbitration Association shall be formulated by the national general

meeting of the members.

The China Arbitration Association is an organization in charge of

self-regulation of the arbitration commissions. It shall conduct

supervision over the conduct (any breach of discipline) of the arbitration

commissions and their members and arbitrators in accordance with its

articles of association.

The China Arbitration Association shall formulate Arbitration Rules in

accordance with this Law and the Civil Procedure Law.

Chapter III Arbitration Agreement

Article 16

An arbitration agreement shall include the arbitration clauses

provided in the contract and any other written form of agreement concluded

before or after the disputes providing for submission to arbitration.

The following contents shall be included in an arbitration agreement:

1. the expression of the parties wish to submit to arbitration;

2. the matters to be arbitrated; and

3. the Arbitration Commission selected by the parties.

Article 17

An arbitration agreement shall be invalid under any of the following

circumstances:

1. matters agreed upon for arbitration are beyond the scope of

arbitration prescribed by law;

2. an arbitration agreement concluded by persons without or with

limited capacity for civil acts; and

3. one party forces the other party to sign an arbitration agreement

by means of duress.

Article 18

If the arbitration matters or the arbitration commission are not

agreed upon by the parties in the arbitration agreement, or, if the

relevant provisions are not clear, the parties may supplement the

agreement. If the parties fail to agree upon the supplementary agreement,

the arbitration agreement shall be invalid.

Article 19

An arbitration agreement shall exist independently. Any changes to,

rescission, termination or invalidity of the contract shall not affect the

validity of the arbitration agreement.

An arbitration tribunal has the right to rule on the validity of a

contract.

Article 20

If the parties object to the validity of the arbitration agreement,

they may apply to the arbitration commission for a decision or to a

people s court for a ruling. If one of the parties submits to the

arbitration commission for a decision, but the other party applies to a

people s court for a ruling, the people s court shall give the ruling.

If the parties contest the validity of the arbitration agreement, the

objection shall be made before the start of the first hearing of the

arbitration tribunal.

Chapter IV Arbitration Procedure

Section 1: Application and Acceptance for Arbitration

Article 21

The parties applying for arbitration shall fulfil the following

conditions:

1. they must have an arbitration agreement;

2. they must have a specific claim with facts and argument on which

the claim is based; and

3. the arbitration must be within the jurisdiction of the arbitration

commission.

Article 22

The party applying for arbitration shall submit to an arbitration

commission the arbitration agreement, an application for arbitration and

copies thereof.

Article 23

An arbitration application shall state clearly the following:

1. the name, sex, age, occupation, work unit and address of the party,

the name address and legal representative of the legal person or other

organization and the name and position of its person-in charge;

2. the arbitration claim and the facts and argument on which the claim

is based; and

3. evidence and the source of evidence, the name and address of the

witness (es).

Article 24

Within 5 days from the date of receiving the arbitration application,

the arbitration commission shall notify the parties that it considers the

conditions for acceptance have been fulfilled, and that the application is

accepted by it. If the arbitration commission considers that the

conditions have not been fulfilled, it shall notify the parties in writing

of its rejection, stating its reasons.

Article 25

Upon acceptance of an arbitration application, the arbitration

commission shall, within the time limit provided by the Arbitration Rules,

serve a copy of the Arbitration Rules and the list of arbitrators on the

applicant, and serve a copy of the arbitration application, the

Arbitration Rules and the list of arbitrators on the respondent.

Upon receipt of a copy of the arbitration application, the respondent

shall, within the time limit prescribed by the Arbitration Rules, submit

its defence to the arbitration commission. Upon receipt of the defence,

the arbitration commission shall, within the time limit prescribed by the

Arbitration Rules, serve a copy of the reply on the applicant. The failure

of the respondent to submit a defence shall not affect the proceeding of

the arbitration procedures.

Article 26

Where the parties had agreed on an arbitration agreement, but one of

the parties initiates an action before a people s court without stating

the existence of the arbitration agreement, the people s court shall,

unless the arbitration agreement is invalid, reject the action if the

other party submits to the court the arbitration agreement before the

first hearing of the case. If the other party fails to object to the

hearing by the people s court before the first hearing, the arbitration

agreement shall be considered to have been waived by the party and the

people s court shall proceed with the hearing.

Article 27

The applicant may abandon or alter his arbitration claim. The

respondent may accept the arbitration claim or object to it. It has a

right to make a counterclaim.

Article 28

A party may apply for property preservation if, as the result of an

act of the other party or for some other reasons, it appears that an award

may be impossible or difficult to enforce.

If one of the parties applies for property preservation, the

arbitration commission shall submit to a people s court the application of

the party in accordance with the relevant provisions of the Civil

Procedure Law.

If a property preservation order is unfounded, the applicant shall

compensate the party against whom the order was made for any losses

sustained as a result of the implementation of the property preservation

order.

Article 29

The parties and their legal representatives may appoint lawyers or

engage agents to handle matters relating to the arbitration. In the event

that a lawyer or an agent is appointed to handle the arbitration matters,

a letter of authorization shall be submitted to the arbitration

commission.

Section 2: Composition of the Arbitration Tribunal

Article 30

An arbitration tribunal may comprise three arbitrators or one

arbitrator. If an arbitration tribunal comprises three arbitrators, a

presiding arbitrator shall be appointed.

Article 31

If the parties agree to form an arbitration tribunal comprising three

arbitrators, each party shall select or authorize the chairmen of the

arbitration commission to appoint one arbitrator. The third arbitrator

shall be selected jointly by the parties or be nominated by the chairman

of the arbitration commission in accordance with a joint mandate given by

the parties. The third arbitrator shall be the presiding arbitrator.

If the parties agree to have one arbitrator to form an arbitration

tribunal, the arbitrator shall be selected jointly by the parties or be

nominated by the chairman of the arbitration commission in accordance with

a joint mandate given by the parties.

Article 32

If the parties fail, within the time limit prescribed by the

Arbitration Rules, to select the form of the constitution of the

arbitration tribunal or fail to select the arbitrators, the arbitrators

shall be appointed by the chairman of the arbitration commission.

Article 33

After the arbitration tribunal is constituted, the arbitration

commission shall notify the parties in writing of the composition of the

arbitration tribunal.

Article 34

In any of the following circumstances, an arbitrator must withdraw

from the arbitration, and the parties shall have the right to apply for

his withdrawal if he:

1. is a party or a close relative of a party or of a party s

representative;

2. is related in the case;

3. has some other relationship with a party to the case or with a

party s agent which could possibly affect the impartiality of the

arbitration;

4. meets a party or his agent in private, accepts an invitation for

dinner by a party or his representative or accepts gifts presented by any

of them.

Article 35

When applying for the withdrawal of an arbitrator, the petitioning

party shall state his reasons and submit a withdrawal application before

the first hearing. A withdrawal application may also be submitted before

the conclusion of the last hearing if reasons for the withdrawal only

became known after the start of the first hearing.

Article 36

Whether an arbitrator is withdrawn or not shall be determined by the

chairman of the arbitration commission. If chairman is serving as an

arbitrator, the withdrawal or not shall be determined collectively by the

arbitration commission.

Article 37

If an arbitrator is unable to perform his duties as an arbitrator as a

result of the withdrawal or any other reasons, another arbitrator shall be

selected or appointed in accordance with the provisions of this Law.

After a replaced arbitrator has been selected or appointed following

the withdrawal of an arbitrator, the parties may apply to resume the

arbitration procedure. The arbitration tribunal shall determine whether

the resumption of the procedure may be allowed. The arbitration tribunal

may determine on its own whether the arbitration procedure shall be

resumed.

Article 38

An arbitrator involved in one of the circumstances described in Item

4, Article 34, if it is serious, or those described in Item 6, Article

58, such arbitrator shall be legally liable in accordance with the law.

The arbitration commission shall remove his name from the list of

arbitrators.

Section 3: Hearing and Arbitral Awards

Article 39

An arbitration tribunal shall hold a tribunal session to hear an

arbitration case. If the parties agree not to hold a hearing, the

arbitration tribunal may render an award in accordance with the

arbitration application, the defence statement and other documents.

Article 40

An arbitration shall not be conducted in public. If the parties agree

to a public hearing, the arbitration may proceed in public, except those

concerning state secrets.

Article 41

The arbitration commission shall notify the two parties within the

time limit provided by the Arbitration Rules of the date of the hearing.

Either party may request to postpone the hearing with in the time limit

provided by the Arbitration Rules if there is a genuine reason. The

arbitration tribunal shall decide whether to postpone the hearing.

Article 42

If the applicant for arbitration who has been given a notice in

writing does not appear before the tribunal without good reasons, or

leaves the tribunal room during a hearing without the permission of the

arbitration tribunal, such applicant shall be deemed as having withdrawn

his application.

If the party against whom the application was made was served with a

notice in writing but does not appear before the tribunal without due

reasons or leaves the tribunal room during a hearing without the

permission of the arbitration tribunal, an award by default may be given.

Article 43

The parties shall produce evidence in support of their claims.

An arbitration tribunal may collect on its own evidence it considers

necessary.

Article 44

For specialized matters, an arbitration tribunal may submit for

appraisal to an appraisal organ agreed upon by the parties or to the

appraisal organ appointed by the arbitration tribunal if it deems such

appraisal to be necessary.

According to the claim of the parties or the request of the

arbitration tribunal, the appraisal organ shall appoint an appraiser to

participate in the hearing. Upon the permission of the arbitration

tribunal, the parties may question the appraiser.

Article 45

Any evidence shall be produced at the start of the hearing. The

parties may challenge the validity of such evidence.

Article 46

In the event that the evidence might be destroyed or if it would be

difficult to obtain the evidence later on, the parties may apply for the

evidence to be preserved. If the parties apply for such preservation, the

arbitration commission shall submit the application to the basic-level

people s court of the place where the evidence is located.

Article 47

The parties have the right to argue during an arbitration procedure.

At the end of the debate, the presiding arbitrator or the sole arbitrator

shall ask for the final opinion of the parties.

Article 48

An arbitration tribunal shall make a written record of the hearing. If

the parties or other participants to the arbitration consider that the

record has omitted a part of their statement or is incorrect in some other

respect, they shall have the right to request correction thereof. If no

correction is made, the request for correction shall be noted in the

written record.

The arbitrators, recorder, parties and other participants to the

arbitration shall sign or affix their seals to the record.

Article 49

After the submission of an arbitration application, the parties may

settle the dispute among themselves through conciliation. If a

conciliation agreement has been reached, the parties may apply to the

arbitration tribunal for an award based on the conciliation agreement.

Then may also withdraw the arbitration application.

Article 50

If the parties fall back on their words after the conclusion of a

conciliation agreement and the withdrawal of the arbitration application,

application may be made for arbitration in accordance with the arbitration

agreement.

Article 51

Before giving an award, an arbitration tribunal may first attempt to

conciliate. If the parties apply for conciliation voluntarily, the

arbitration tribunal shall conciliate. If conciliation is unsuccessful, an

award shall be made promptly.

When a settlement agreement is reached by conciliation, the

arbitration tribunal shall prepare the conciliation statement or the award

on the basis of the results of the settlement agreement. A conciliation

statement shall have the same legal force as that of an award.

Article 52

A conciliation statement shall set forth the arbitration claims and

the results of the agreement between the parties. The conciliation

statement shall be signed by the arbitrators, sealed by the arbitration

commission, and served on both parties.

A conciliation statement shall have legal effect once signed and

accepted by the parties.

If the parties fall back on their words before the conciliation

statement is singed and accepted by them, an award shall be made by the

arbitration tribunal promptly.

Article 53

An award shall be based on the opinion of the majority arbitrators.

The opinion of the minority arbitrators shall be recorded in writing. If

an opinion of the minority arbitrators shall be recorded in writing. If an

opinion of the majority arbitrators can not be constituted at the

tribunal, the award shall be given according to the opinion of the

presiding arbitrator.

Article 54

The arbitration claims, the matters in dispute, the grounds upon which

an award is given, the results of the judgement, the responsibility for

the arbitration fees and the date of the award shall be set forth in the

award. If the parties agree not to include in the award the matters in

dispute and the grounds on which the award is based, such matters may not

be stated in the award. The award shall be signed by the arbitrators and

sealed by the arbitration commission. The arbitrator who disagrees with

the award may select to sign or not to sign it.

Article 55

During the course of arbitration by an arbitration tribunal, where a

part of facts has been made clear, a partial award may first be given in

relation to that part.

Article 56

The parties may, within 30 days of the receipt of the award, request

the arbitration tribunal to correct any typographical errors, calculation

errors or matters which had been awarded but omitted in the award.

Article 57

An award shall be legally effective on the date it is given.

Chapter V Application for Cancellation of an Award

Article 58

The parties may apply to the intermediate people s court at the place

where the arbitration commission is located for cancellation of an award

if they provide evidence proving that the award involves one of the

following circumstances:

1. there is no arbitration agreement between the parties;

2. the matters of the award are beyond the extent of the arbitration

agreement or not within the jurisdiction of the arbitration commission;

3. the composition of the arbitration tribunal or the arbitration

procedure is in contrary to the legal procedure;

4. the evidence on which the award is based is falsified;

5. the other party has concealed evidence which is sufficient to

affect the impartiality of the award; and

6. the arbitrator(s) has (have) demanded or accepted bribes, committed

graft or perverted the law in making the arbitral award.

The peoples court shall rule to cancel the award if the existence of

one of the circumstances prescribed in the preceding clause is confirmed

by its collegiate bench.

The people s court shall rule to cancel the award if it holds that the

award is contrary to the social and public interests.

Article 59

If a party applies for cancellation of an award, an application shall

be submitted within 6 months after receipt of the award.

Article 60

The people s court shall, within 2 months after receipt of the

application for cancellation of an award, render its decision for

cancellation of the award or for rejection of the application.

Article 61

If the people s court holds that the case may be re-arbitrated by the

arbitration tribunal after receipt of the application for cancellation of

an award, the court shall inform the arbitration tribunal of

re-arbitrating the case within a certain period of time and rule to

suspend the cancellation procedure. If the arbitration tribunal refuses to

re-arbitrate, the people s court shall rule to resume the cancellation

procedure.

Chapter VI Enforcement

Article 62

The parties shall execute an arbitration award. If one party fails to

execute the award, the other party may apply to a people s court for

enforcement in accordance with the relevant provisions of the Civil

Procedure Law, and the court shall enforce the award.

Article 63

A people s court shall, after examination and verification by its

collegiate bench, rule not to enforce an award if the party against whom

an application for enforcement is made provides evidence proving that the

award involves one of the circumstances prescribed in Clause 2, Article

217 of the Civil procedure Law.

Article 64

If one party applies for enforcement of an award while the other party

applies for cancellation of the award, the people s court receiving such

application shall rule to suspend enforcement of the award.

If a people s court rules to cancel an award, it shall rule to

terminate enforcement. If the people s court overrules the application for

cancellation of an award, it shall rule to resume enforcement.

Chapter VII Special provisions on Foreign-Related Arbitration

Article 65

The provisions of this Chapter shall apply to all arbitration of

disputes arising from foreign economic, trade, transportation or maritime

matters. In the absence of provisions in this Chapter, other relevant

provisions of this Law shall apply.

Article 66

A foreign arbitration commission may be organized and established by

the China International Chamber of Commerce.

A foreign arbitration commission shall comprise one chairman, several

vice-chairmen and several committee members.

The chairman, vice-chairmen and committee members may be appointed by

the China International Chamber of Commerce.

Article 67

A foreign arbitration commission may appoint foreigners with

professional knowledge in such fields as law, economic and trade, science

and technology as arbitrators.

Article 68

If the parties to a foreign-related arbitration apply for evidence

preservation, the foreign arbitration commission shall submit their

applications to the intermediate people s court in the place where the

evidence is located.

Article 69

The arbitration tribunal of a foreign arbitration commission may

record the details of the hearing in writing or record the essentials of

the hearing in writing. The written record of the essentials shall be

signed or sealed by the parties and other participants in the arbitration.

Article 70

A people s court shall, after examination and verification by its

collegiate bench, rule to cancel an award if a party to the case provides

evidence proving that the arbitration award involves one of the

circumstances prescribed in Clause 1, Article 260 of the Civil Procedure

Law.

Article 71

A people s court shall, after examination and verification by its

collegiate bench, rule not to enforce an award-if the party against whom

an application is made provides evidence proving that the arbitration

award involves one of the circumstances prescribed in Clause 1, Article

260 of the Civil Procedure Law.

Article 72

Where the party subject to enforcement or its property is not within

the territory of the People s Republic of China, a party applying for the

enforcement of a legally effective arbitration award shall apply directly

to the foreign court having jurisdiction for recognition and enforcement

of the award.

Article 73

Foreign arbitration rules may be formulated by the China International

Chamber of Commerce in accordance with this Law and the relevant

provisions of the Civil Procedure Law.

Chapter VIII Supplementary Provisions

Article 74

If the law has stipulated a time limitation of arbitration, such

provisions of the law shall apply. If the law has not stipulated a time

limitation of arbitration, the provisions on the limitation of actions

shall apply.

Article 75

The arbitration Commission may formulate provisional arbitration rules

in accordance with this Law and the relevant provisions of the Civil

Procedure Law before the formulation of the arbitration rules by the China

Arbitration Association.

Article 76

The parties shall pay arbitration fees in accordance with the relevant

provisions.

The methods for the collection of arbitration fees shall be submitted

to the commodity prices administration department for approval.

Article 77

Arbitration of labor disputes and disputes over contracts for

undertaking agricultural projects within agricultural collective economic

organizations shall be separately stipulated.

Article 78

In the event of conflict between the provisions on arbitration

formulated before the coming into effect of this Law and the provisions of

this Law, the provisions of this Law shall prevail.

Article 79

Arbitration organs established before the coming into effect of this

Law in the municipalities directly under the Central Government, in the

municipalities where the people s governments of the provinces or

autonomous regions and in other cities divided into districts must be

re-organized in accordance with the relevant provisions of this Law. The

arbitration organs which are not re-organized shall be terminated at the

expiration of one year after the date of effectiveness of this Law.

All other arbitration organs established before the implementation of

this Law and not conforming to the provisions of this Law shall be

terminated on the date of effectiveness of this Law.

Article 80

This Law shall be effective as of September 1, 1995.

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