China International Economic and Trade Arbitration Commission

Arbitration Rules

(Revised and Adopted by the China Council for the Promotion of International Trade /China Chamber of International Commerce on January 11, 2005. Effective as from May 1, 2005.)

ChapterⅠ General Provisions
Article 1 The Rules
These Rules are formulated in accordance with the Arbitration Law of the People's Republic of China and the provisions of other relevant laws, as well as the "Decision" of the former Administration Council of the Central
People's Government and the "Notice" and the "Official Reply" of the State Council.

Article 2 Name and Structure
1. The China International Economic and Trade Arbitration Commission (originally named the Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade, later renamed the
Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade, and currently called the China International Economic and Trade Arbitration Commission, hereinafter referred to as the “CIETAC”) independently and impartially resolves, by means of arbitration, disputes arising from economic and trade transactions of a contractual or non-contractual nature..
2. The CIETAC concurrently uses the "Court of Arbitration of the China Chamber of International Commerce" as its name.
3. Where an arbitration agreement or an arbitration clause contained in a contract provides for arbitration by the CIETAC or one of its Sub-Commissions or by the CIETAC using one of its prior names, the parties shall be deemed to have unanimously agreed that the arbitration shall be administered by the CIETAC or by one of its Sub-Commissions.
4. Where an arbitration agreement or an arbitration clause contained in a contract provides for arbitration by the China Council for the Promotion of International Trade/China Chamber of International Commerce or by the
Arbitration Commission or the Court of Arbitration of the China Council for the Promotion of International Trade/China Chamber of International Commerce, the parties shall be deemed to have unanimously agreed that the arbitration shall be administered by the CIETAC.
5. The Chairman of the CIETAC shall perform the functions and duties vested in him/her by these Rules while a Vice-Chairman may perform the Chairman's functions and duties with the Chairman's authorization.
6. The CIETAC has a Secretariat, which handles its day-to-day work under
the direction of its Secretary-General.
7. The CIETAC is based in Beijing, and has a South China Sub-Commission
(formerly known as Shenzhen Sub-Commission) in Shenzhen Special Economic
Zone and a Shanghai Sub-Commission in Shanghai. These Sub-Commissions are
integral parts of the CIETAC. The Sub-Commissions have their respective
secretariats, which handle their day-to-day work under the direction of
the Secretaries-General of the respective Sub-Commissions.
8. The parties may agree to have their disputes arbitrated by the CIETAC
in Beijing, the South China Sub-Commission in Shenzhen or the Shanghai
Sub-Commission in Shanghai. In the absence of such an agreement, the
Claimant shall have the option to submit the case for arbitration by the
CIETAC in Beijing, the South China Sub-Commission in Shenzhen or the
Shanghai Sub-Commission in Shanghai. When such option is exercised, the
first choice by the party shall prevail. In case of any dispute, the final
decision shall be made by the CIETAC.
9. The CIETAC may, in its discretion, establish arbitration centers for
specific business sectors and issue arbitration rules therefor.
10. The CIETAC shall establish a Panel of Arbitrators, and may, in its
discretion, establish Panels of Arbitrators for specific business sectors.

Article 3 Jurisdiction
The CIETAC accepts cases involving:
1. international or foreign-related disputes;
2. disputes related to the Hong Kong Special Administrative Region or the
Macao Special Administrative Region or the Taiwan region; and
3. domestic disputes.

Article 4 Scope of Application
1. These Rules uniformly apply to the CIETAC and its Sub-Commissions. When
arbitration proceedings are administered by a Sub-Commission, the
functions and duties under these Rules allocated to the Chairman, the
secretariat and the Secretary-General of the CIETAC shall be performed,
respectively, by a Vice-Chairman authorized by the Chairman, a secretariat
and a Secretary-General of the relevant Sub-Commission except for the
power to make decisions on challenges to arbitrators.
2. The parties shall be deemed to have agreed to arbitrate in accordance
with these Rules whenever they have provided for arbitration by the
CIETAC. Where the parties have agreed on the application of other
arbitration rules, or any modification of these Rules, the parties'
agreement shall prevail except where such agreement is inoperative or in
conflict with a mandatory provision of the law of the place of
arbitration.
3. Where the parties agree to refer their disputes to arbitration under
these Rules without providing the name of an arbitration institution, they
shall be deemed to have agreed to refer the dispute to arbitration by the
CIETAC.
4. Where the parties agree to refer their dispute to arbitration under
the CIETAC’s arbitration rules for a specific business sector or
profession and the dispute falls within the scope of such rules, the
parties’ agreement shall prevail; otherwise, these Rules shall apply.
Article 5 Arbitration Agreement
1. The CIETAC shall, upon the written application of a party, accept a
case in accordance with an arbitration agreement concluded between the
parties, either before or after the occurrence of the dispute, in which it
is provided that disputes are to be referred to arbitration by the CIETAC.

2. An arbitration agreement means an arbitration clause in a contract
concluded between the parties or any other form of written agreement
providing for the settlement of disputes by arbitration.
3. The arbitration agreement shall be in writing. An arbitration agreement
is in writing if it is contained in a tangible form of a document such as
a contract, letter, telegram, telex, facsimile, EDI, or Email. An
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 Statement of Defense.
4. 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, rescission, termination, transfer, expiry,
invalidity, ineffectiveness, revocation or non-existence of the contract.

Article 6 Objection to an Arbitration Agreement and/or Jurisdiction
1. The CIETAC shall have the power to determine the existence and validity
of an arbitration agreement and its jurisdiction over an arbitration case.
The CIETAC may, if necessary, delegate such power to the arbitral
tribunal.
2. Where the CIETAC is satisfied by prima facie evidence that an
arbitration agreement providing for arbitration by the CIETAC exists, it
may make a decision based on such evidence that it has jurisdiction over
the arbitration case, and the arbitration shall proceed. Such a decision
shall not prevent the CIETAC from making a new decision on jurisdiction
based on facts and/or evidence found by the arbitral tribunal during the
arbitration proceedings that are inconsistent with the prima facie
evidence.
3. An objection to an arbitration agreement and/or jurisdiction over an
arbitration case shall be raised in writing before the first oral hearing
is held by the arbitral tribunal. Where a case is to be decided on the
basis of documents only, such an objection shall be raised before the
submission of the first substantive defense.
4. The arbitration shall proceed notwithstanding an objection to the
arbitration agreement and/or jurisdiction over the arbitration case.
5. The aforesaid objections to and/or decisions on jurisdiction by the
CIETAC shall include objections to and/or decisions on a party’s standing
to participate in the arbitration.
Article 7 Bona Fide Cooperation
The parties shall proceed with the arbitration in bona fide cooperation.

Article 8 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, these
Rules has not been complied with and yet participates in or proceeds with
the arbitration proceedings without promptly and explicitly submitting its
objection in writing to such non-compliance.
Chapter II Arbitral Proceedings
Section 1 Request for Arbitration, Defense and Counterclaim

Article 9 Commencement of Arbitration
The arbitral proceedings shall commence on the date on which the CIETAC or
one of its Sub-Commissions receives a Request for Arbitration.

Article 10 Application for Arbitration
A party applying for arbitration under these Rules shall:
1. Submit a Request for Arbitration in writing signed by and/or affixed
with the seal of the Claimant and/or its authorized representative(s),
which shall, inter alia, include:
(a) the names and addresses of the Claimant and the Respondent, including
the zip code, telephone, telex, fax and telegraph numbers, Email addresses
or any other means of electronic telecommunications;
(b) a reference to the arbitration agreement that is invoked;
(c) a statement of the facts of the case and the main issues in dispute;
(d) the claim of the Claimant; and
(e) the facts and grounds on which the claim is based.
2. Attach to the Request for Arbitration the relevant evidence supporting
the facts on which the Claimant’s claim is based.
3. Make payment of the arbitration fee in advance to the CIETAC according
to its Arbitration Fee Schedule.

Article 11 Acceptance of a Case
1. Upon receipt of the Request for Arbitration and its attachments, if the
CIETAC after examination finds the formalities required for arbitration
application to be incomplete, it may request the Claimant to complete
them. Where the formalities are found to be complete, the CIETAC shall
send a Notice of Arbitration to both parties together with one copy each
of the CIETAC Arbitration Rules, the Panel of Arbitrators and the
Arbitration Fee Schedule. The Request for Arbitration and its attachments
submitted by the Claimant shall be sent to the Respondent under the same
cover.
2. The CIETAC or its Sub-Commission shall, after accepting a case, appoint
a staff-member of its secretariat to assist the arbitral tribunal in the
procedural administration of the case.

Article 12 Statement of Defense
1. Within forty-five (45) days from the date of receipt of the Notice of
Arbitration, the Respondent shall file a Statement of Defense in writing
with the Secretariat of the CIETAC or its Sub-Commission. The arbitral
tribunal may extend that time period if it believes that there are
justified reasons. The Statement of Defense shall be signed by and/or
affixed with the seal of the Respondent and/or its authorized
representative(s), and shall, inter alia, include:
(a) the names and addresses of the Respondent, including the zip code,
telephone, telex, fax and telegraph numbers, Email addresses or any other
means of electronic telecommunications;
(b) the defense to the Request for Arbitration setting forth the facts
and grounds on which the defense is based; and
(c) the relevant evidence supporting the defense.
2. The arbitral tribunal has the power to decide whether to accept a
Statement of Defense submitted after expiration of the above time limit.
3. Failure of the Respondent to file a Statement of Defense shall not
operate to affect the arbitral proceedings.

Article 13 Counterclaim
1. Within forty-five (45) days from the date of receipt of the Notice of
Arbitration, the Respondent shall file with the CIETAC its counterclaim in
writing, if any. The arbitral tribunal may extend that time period if it
believes that there are justified reasons.
2. When filing a counterclaim, the Respondent shall specify its
counterclaim in its written Statement of Counterclaim and state the facts
and grounds upon which its counterclaim is based with relevant evidence
attached thereto.
3. When filing a counterclaim, the Respondent shall pay an arbitration fee
in advance according to the Arbitration Fee Schedule of the CIETAC within
a specified time period.
4. Where the formalities required for filing a counterclaim are found to
be complete, the CIETAC shall send the Statement of Counterclaim and its
attachments to the Claimant. The Claimant shall, within thirty (30) days
from the date of receipt of the Statement of Counterclaim and the
attachment, submit in writing its Statement of Defense to the Respondent’s
counterclaim.
5. The arbitral tribunal has the power to decide whether to accept a
Statement of Defense submitted after expiration of the above time limit.
6. Failure of the Claimant to file a Statement of Defense to the
Respondent’s counterclaim shall not operate to affect the arbitral
proceedings.

Article 14 Amendments to the Claim or Counterclaim
The Claimant may amend its claim and the Respondent may amend its
counterclaim. However, the arbitral tribunal may not permit any such
amendment if it considers that the amendment is too late and may delay the
arbitral proceedings.

Article 15 Copies of Submissions
When submitting the Request for Arbitration, the Statement of Defense, the
Statement of Counterclaim, evidence and other documents, the parties shall
make the submissions in quintuplicate. Where there are more than two
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 preservation of property or
protection of evidence is applied for, the party shall forward one
additional copy accordingly.

Article 16 Representation
1. 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 CIETAC by the party or its authorized
representative(s).
2. Either Chinese or foreign citizens may be authorized by a party to act
as its representative(s).

Article 17 Preservation of Property
When any party applies for the preservation of property, the CIETAC shall
forward the party’s application for a ruling to the competent court at the
place where the domicile of the party against whom the preservation of
property is sought is located or where the property of the said party is
located.

Article 18 Protection of Evidence
When a party applies for the protection of evidence, the CIETAC shall
forward the party’s application for a ruling to the competent court at the
place where the evidence is located.

Section 2 The Arbitral Tribunal
Article 19 Duties of Arbitrator
An arbitrator shall not represent either party and shall remain
independent of the parties and treat them equally.

Article 20 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 these Rules, the
arbitral tribunal shall be composed of three arbitrators.

Article 21 Panel of Arbitrators
1. The parties shall appoint arbitrators from the Panel of Arbitrators
provided by the CIETAC.
2. Where the parties have agreed to appoint arbitrators from outside of
the CIETAC’s Panel of Arbitrators, the arbitrators so appointed by the
parties or nominated according to the agreement of the parties may act as
co-arbitrator, presiding arbitrator or sole arbitrator after the
appointment has been confirmed by the Chairman of the CIETAC in accordance
with the law.
Article 22 Three Arbitrators
1. Within fifteen (15) days from the date of receipt of the Notice of
Arbitration, the Claimant and the Respondent shall each appoint one
arbitrator or entrust the Chairman of the CIETAC to make such appointment.
Where a party fails to appoint or to entrust the Chairman of the CIETAC to
appoint an arbitrator within the specified time period, the arbitrator
shall be appointed by the Chairman of the CIETAC.
2. Within fifteen (15) days from the date of the Respondent’s receipt of
the Notice of Arbitration, the presiding arbitrator shall be jointly
appointed by the parties or appointed by the Chairman of the CIETAC upon
the parties’ joint authorization.
3. The parties may each recommend one to three arbitrators as candidates
for the presiding arbitrator and shall submit the list of recommended
candidates to the CIETAC within the time period specified in paragraph 2.
Where there is only one common candidate in the lists, such candidate
shall be the presiding arbitrator jointly appointed by the parties. Where
there are more than one common candidate in the lists, the Chairman of the
CIETAC shall choose a presiding arbitrator from among the common
candidates based on the specific nature and circumstances of the case, who
shall act as the presiding arbitrator jointly appointed by the parties.
Where there is no common candidate in the lists, the presiding arbitrator
shall be appointed by the Chairman of the CIETAC from outside of the lists
of recommended candidates.
4. Where the parties have failed to jointly appoint the presiding
arbitrator according to the above provisions, the presiding arbitrator
shall be appointed by the Chairman of the CIETAC.

Article 23 Sole Arbitrator
Where the arbitral tribunal is composed of one arbitrator, the sole
arbitrator shall be appointed pursuant to the procedure stipulated in
Paragraphs 2, 3 and 4 of Article 22.

Article 24 Multi-Party
1. Where there are two or more Claimants and/or Respondents in an
arbitration case, the Claimant side and/or the Respondent side each shall,
through consultation, jointly appoint or jointly entrust the Chairman of
the CIETAC to appoint one arbitrator from the CIETAC’s Panel of
Arbitrators.
2. Where the Claimant side and/or the Respondent side fail to jointly
appoint or jointly entrust the Chairman of the CIETAC to appoint one
arbitrator within fifteen (15) days from the date of receipt of the Notice
of Arbitration, the arbitrator shall be appointed by the Chairman of the
CIETAC.
3. The presiding arbitrator or the sole arbitrator shall be appointed in
accordance with the procedure stipulated in Paragraphs 2, 3 and 4 of
Article 22. When appointing the presiding arbitrator or the sole
arbitrator pursuant to Paragraph 3 of Article 22, the Claimant side and/or
the Respondent side each shall, through consultation, submit a list of
their jointly agreed candidates to the CIETAC.

Article 25 Disclosure
1. An arbitrator appointed by the parties or by the Chairman of the CIETAC
shall sign a Declaration and disclose to the CIETAC in writing 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 to the CIETAC.
3. The CIETAC shall communicate the Declaration and/or the disclosure of
the arbitrator to the parties.

Article 26 Challenge of Arbitrators
1. Upon receipt of the Declaration and/or written disclosure of an
arbitrator communicated by the CIETAC, a party who intends to challenge
the arbitrator on the grounds of the facts or circumstances disclosed by
the arbitrator shall forward the challenge in writing to the CIETAC within
ten (10) days from the date of such receipt. If a party fails to file a
challenge within the above time limit, it shall not challenge an
arbitrator later on the basis of matters disclosed by the arbitrator .
2. A party who has justifiable doubts as to the impartiality or
independence of an appointed arbitrator may make a request in writing to
the CIETAC for that arbitrator’s withdrawal. In the request, the facts and
reasons on which the request is based shall be stated with supporting
evidence.
3. A party may challenge an arbitrator in writing within fifteen (15) days
from the date of its receipt of the Notice of Formation of the Arbitral
Tribunal. Where a party becomes aware of the reasons for a challenge after
the said receipt, the party may challenge the arbitrator in writing within
fifteen (15) days after such reasons become known, but no later than the
conclusion of the last oral hearing.
4. The CIETAC shall promptly communicate the challenge to the other party,
the arbitrator being challenged and the other members of the arbitral
tribunal.
5. Where an arbitrator is challenged by one party and the other party
agrees to the challenge, or the arbitrator being challenged withdraws from
his/her office, such arbitrator shall no longer be on the arbitral
tribunal. Neither case implies that the challenge made by the party is
sustainable.
6. In circumstances other than those specified in Paragraph 5, the
Chairman of the CIETAC shall make a final decision on the challenge with
or without stating the reasons therefor.
7. An arbitrator who has been challenged shall continue to fulfill the
functions of arbitrator until a decision on the challenge has been made by
the Chairman of the CIETAC.
Article 27 Replacement of Arbitrator
1. In the event that an arbitrator is prevented de jure or de facto from
fulfilling his/her functions, or he/she fails to fulfill his/her functions
in accordance with the requirements of these Rules or within the time
period specified in these Rules, the Chairman of the CIETAC shall have the
power to decide whether the arbitrator shall be replaced. The arbitrator
may also withdraw form his/her office.
2. In the event that an arbitrator is unable to fulfill his/her functions
owing to his/her demise, removal from the CIETAC’s Panel of Arbitrators,
withdrawal, resignation or any other reasons, a substitute arbitrator
shall be appointed within a time period specified by the CIETAC pursuant
to the procedure applied to the appointment of the arbitrator being
replaced.
3. After the replacement of the arbitrator, the arbitral tribunal shall
decide whether the whole or a part of the previous proceedings of the case
shall be repeated.
4. The Chairman of the CIETAC shall make a final decision on whether an
arbitrator should be replaced or not with or without stating the reasons
therefor.
Article 28 Majority to Continue Arbitration
In the event that, after the conclusion of the last oral hearing, an
arbitrator on a three-member arbitral tribunal is unable to participate in
the deliberation and/or render the award owing to his/her demise or
removal from the CIETAC’s Panel of Arbitrators, the other two arbitrators
may request the Chairman of the CIETAC to replace the arbitrator pursuant
to Article 27. After consulting with the parties and upon the approval of
the Chairman of the CIETAC, the other two arbitrators may continue the
arbitration and make decisions, rulings or the award. The Secretariat of
the CIETAC shall notify the parties of the above circumstances.

Section 3 Hearing
Article 29 Conduct of Hearing
1. The arbitral tribunal shall examine the case in any way that it deems
appropriate unless otherwise agreed by the parties. Under any
circumstance, the arbitral tribunal shall act impartially and fairly and
shall afford reasonable opportunities to all parties for presentations and
debates.
2. The arbitral tribunal shall hold oral hearings when examining the case.
However, oral hearings may be omitted and the case shall be examined on
the basis of documents only if the parties so request or agree and the
arbitral tribunal also deems that oral hearings are unnecessary.
3. Unless otherwise agreed by the parties, the arbitral tribunal may adopt
an inquisitorial or adversarial approach when examining the case, having
regard to the circumstances of the case.
4. The arbitral tribunal may hold deliberation at any place or in any
manner that it considers appropriate.
5. The arbitral tribunal may, if it considers it necessary, issue
procedural directions and lists of questions, hold pre-hearing meetings
and preliminary hearings, and produce terms of reference, etc., unless
otherwise agreed by the parties.

Article 30 Notice of Oral Hearings
1. The date of the first oral hearing shall be fixed by the arbitral
tribunal and notified to the parties by the Secretariat of the CIETAC at
least twenty (20) days in advance of the oral hearing date. A party having
justified reasons may request a postponement of the oral hearing. However,
such request must be communicated to the arbitral tribunal at least ten
(10) days in advance of the oral hearing date. The arbitral tribunal shall
decide whether to postpone the oral hearing or not.
2. A notice of oral hearing subsequent to the first oral hearing and a
notice of a postponed oral hearing shall not be subject to the twenty
(20)-day time limit provided for in the foregoing paragraph.

Article 32 Place of Oral Hearing
1. Where the parties have agreed on the place of oral hearings, the case
shall be heard at that agreed place except for circumstances stipulated in
Paragraph 3 of Article 69 of these Rules.
2. Unless the parties agree otherwise, a case accepted by the CIETAC shall
be heard in Beijing, or if the arbitral tribunal considers it necessary,
at other places with the approval of the Secretary-General of the CIETAC.
A case accepted by a Sub-Commission of the CIETAC shall be heard at the
place where the Sub-Commission is located, or if the arbitral tribunal
considers it necessary, at other places with the approval of the
Secretary-General of the Sub-Commission.

Article 33 Confidentiality
1. Hearings shall be held in camera. Where both parties request an open
hearing, the arbitral tribunal shall make a decision.
2. For cases heard in camera, the parties, their representatives,
witnesses, interpreters, arbitrators, experts consulted by the arbitral
tribunal and appraisers appointed by the arbitral tribunal and the
relevant staff-members of the Secretariat of the CIETAC shall not disclose
to any outsiders any substantive or procedural matters of the case.

Article 34 Default
1. 1. If the Claimant fails to appear at an oral hearing without
showing sufficient cause for such failure, or withdraws from an on-going
oral hearing without the permission of the arbitral tribunal, the Claimant
may be deemed to have withdrawn its Request 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. If the Respondent fails to appear at an oral hearing without showing
sufficient cause for such failure, or withdraws from an on-going 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 35 Record of Oral Hearing
1. During the oral hearing, the arbitral tribunal may arrange a
stenographic and/or audio-visual record. The arbitral tribunal may, when
it considers it necessary, take minutes stating the main points of the
oral hearing and request the parties and/or their representatives,
witnesses and/or other persons involved to sign and/or affix their seals
to the minutes.
2. The stenographic and/or audio-visual record of the oral hearing shall
be available for the use and reference by the arbitral tribunal.

Article 36 Evidence
1. Each party shall have the burden of proving the facts relied on to
support its claim, defense or counterclaim.
2. 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. The arbitral tribunal may refuse to admit any
evidence produced beyond the period. If a party has difficulties to
produce evidence within the specified time period, it may apply for an
extension before the expiration of the period. The arbitral tribunal shall
decide whether or not to extend the time period.
3. If a party having the burden of proof fails to produce evidence within
the specified time period, or the produced evidence is not sufficient to
support its claim or counterclaim, it shall bear the consequences thereof.

Article 37 Investigation by the Arbitral Tribunal
1. The arbitral tribunal may, on its own initiative, undertake
investigations and collect evidence as it considers necessary.
2. When investigating and collecting evidence by itself, the arbitral
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, the investigation and collection shall proceed
without being affected.
3. The arbitral tribunal shall, through the Secretariat of the CIETAC,
transmit the evidence collected by itself to the parties and afford them
an opportunity to comment.

Article 38 Expert's Report and Appraiser's Report
1. The arbitral tribunal may consult or appoint experts and appraisers for
clarification on specific issues of a case. Such an expert or appraiser
may either be a Chinese or foreign organization or citizen.
2. The arbitral tribunal has the power to request the parties to deliver
or produce to the expert or appraiser any relevant materials, documents,
or property and goods for checking, inspection and/or appraisal. The
parties shall be obliged to comply.
3. Copies of the expert's report and the appraiser's report shall be
communicated to the parties, who shall be given an opportunity to comment
on the report. At the request of either party and with the approval of the
arbitral tribunal, the expert and appraiser may be heard at an oral
hearing where, if considered necessary and appropriate by the arbitral
tribunal, they may give explanations on their reports.

Article 39 Examination of Evidence
1. All evidence submitted by a party shall be filed with the Secretariat
of the CIETAC for transmission to the other party.
2. Where a case is examined by way of an oral hearing, the evidence shall
be exhibited at the hearing and examined by the parties.
3. In the event that evidence is submitted after the hearing and the
arbitral tribunal decides to admit the evidence without holding further
hearings, the arbitral tribunal may require the parties to submit their
opinions thereon in writing within a specified time period.

Article 40 Combination of Conciliation with Arbitration
1. Where the parties have reached a settlement agreement by themselves
through negotiation or conciliation without involving the CIETAC, either
party may, based on an arbitration agreement concluded between them that
provides for arbitration by the CIETAC and the settlement agreement,
request the CIETAC to constitute an arbitral tribunal to render an
arbitral award in accordance with the terms of the settlement agreement.
Unless the parties agree otherwise, the Chairman of the CIETAC shall
appoint a sole arbitrator to form such arbitral tribunal, which shall
examine the case in the procedure it considers appropriate and render an
award in due course. The specific procedure and the time limit for
rendering the award shall not be subject to other provisions of these
Rules.
2. Where both parties have the desire for conciliation or one party so
desires and the other party agrees when approached by the arbitral
tribunal, the arbitral tribunal may conciliate the case during the course
of the arbitration proceedings.
3. The arbitral tribunal may conciliate the case in the manner it
considers appropriate.
4. The arbitral tribunal shall terminate the conciliation and continue the
arbitration proceedings if one of the parties requests a termination of
the conciliation or if the arbitral tribunal believes that further efforts
to conciliate will be futile.
5. A settlement agreement reached between the parties during the course of
conciliation by the arbitral tribunal but without the involvement of the
arbitral tribunal shall be deemed as one reached through the conciliation
by the arbitral tribunal.
6. Where settlement is reached through conciliation by the arbitral
tribunal, the parties shall sign a written settlement agreement. Unless
otherwise agreed by the parties, the arbitral tribunal will close the case
and render an arbitral award in accordance with the terms of the
settlement agreement.
7. Where conciliation fails, the arbitral tribunal shall proceed with the
arbitration and render an arbitral award.
8. Where conciliation fails, any opinion, view or statement and any
proposal or proposition expressing acceptance or opposition by either
party or by the arbitral tribunal in the process of conciliation shall not
be invoked as grounds for any claim, defense or counterclaim in the
subsequent arbitration proceedings, judicial proceedings or any other
proceedings.

Article 41 Withdrawal and Dismissal
1. A party may file a request with the CIETAC to withdraw its claim or
counterclaim in its entirety. In the event that the Claimant withdraws
its claim in its entirety, the arbitral tribunal shall 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 shall proceed with the examination of the claim and
render an arbitral award thereon.
2. Where a case is to be dismissed before the formation of the arbitral
tribunal, the decision shall be made by the Secretary-General of the
CIETAC. Where the case is to be dismissed after the formation of the
arbitral tribunal, the decision shall be made by the arbitral tribunal.
3. Where a party files with the CIETAC a request for arbitration for a
claim which has been withdrawn, the CIETAC shall decide whether or not to
accept the request anew.


Chapter III Arbitral Award
Article 42 Time Limits
1. The arbitral tribunal shall render an arbitral award within six (6)
months as from the date on which the arbitral tribunal is formed .
2. Upon the request of the arbitral tribunal, the Chairman of the CIETAC
may extend said time period if he/she considers it truly necessary and the
reasons for the extension truly justified.

Article 43 Making Award
1. The arbitral tribunal shall independently and impartially make its
arbitral award on the basis of the facts, in accordance with the law and
the terms of the contracts, with reference to international practices and
in compliance with the principle of fairness and reasonableness.
2. The arbitral tribunal shall state in the award 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 and
the place at which the award is made. 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 agreed so, or if the award is made in accordance with the
terms of a settlement agreement between the parties. The arbitral tribunal
has the power to determine in the arbitral award the specific time period
for the parties to execute the award and the liabilities to be borne by a
party failing to execute the award within the specified time.
3. The CIETAC's stamp shall be affixed to the award.
4. Where a case is examined by an arbitral tribunal composed of three
arbitrators, the award shall be rendered by all three arbitrators or a
majority of the arbitrators. A written dissenting opinion shall be
docketed into the file and may be attached to the award, but it shall not
form a part of the award.
5. Where the arbitral tribunal cannot reach a majority opinion, the award
shall be rendered in accordance with the presiding arbitrator's opinion.
The written opinion of other arbitrators shall be docketed into the file
and may be attached to the award, but it shall not form a part of the
award.
6. Unless the award is made in accordance with the opinion of the
presiding arbitrator or the sole arbitrator, the arbitral award shall be
signed by a majority of arbitrators. An arbitrator who has a dissenting
opinion may or may not sign his/her name on the award.
7. The date on which the award is made shall be the date on which the
award comes into legal effect.
8. The arbitral award is final and binding upon both parties. Neither
party may bring a suit before a law court or make a request to any other
organization for revising the award.
Article 44 Interlocutory Award and Partial Award
An interlocutory arbitral award or partial award may be made by the
arbitral tribunal on any issue of the case at any time during the
arbitration before the final award is made if considered necessary by the
arbitral tribunal, or if the parties request and the arbitral tribunal
accepts. Either party's failure to perform the interlocutory award will
not affect the continuation of the arbitration proceedings, nor will it
prevent the arbitral tribunal from making a final award.

Article 45 Scrutiny of Draft Award
The arbitral tribunal shall submit its draft award to the CIETAC for
scrutiny before signing the award. The CIETAC may remind the arbitral
tribunal of issues in the award on condition that the arbitral tribunal’s
independence in rendering the award is not affected.

Article 46 Fees
1. The arbitral tribunal has the power to determine in the arbitral award
the arbitration fee and other expenses to be paid by the parties to the
CIETAC.
2. The arbitral tribunal has the power to decide in the award, according
to the specific circumstances of the case, that the losing party shall
compensate the winning party for the expenses reasonably incurred by it in
pursuing its case. In deciding whether the winning party’s expenses
incurred in pursuing its case are reasonable, the arbitral tribunal shall
consider such factors 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 47 Correction of Award
Within thirty (30) days from its receipt of the arbitral award, either
party may request in writing for a correction of any clerical,
typographical, or calculation errors or any errors of a similar nature
contained in the award; if such an error does exist in the award, the
arbitral tribunal shall make a correction in writing within thirty (30)
days from the date of receipt of the written request for the correction.
The arbitral tribunal may likewise correct any such errors in writing on
its own initiative within a reasonable time after the award is issued.
Such correction in writing shall form a part of the arbitral award.

Article 48 Additional Award
Within thirty (30) days from the date on which the arbitral award is
received, either party may request the arbitral tribunal in writing for an
additional award on any claim or counterclaim which was advanced in the
arbitration proceedings but was omitted from the award. If such omission
does exist, the arbitral tribunal shall make an additional award within
thirty (30) days from the date of receipt of the written request. The
arbitral tribunal may also make an additional award on its own initiative
within a reasonable period of time after the arbitral award is issued.
Such additional award shall form a part of the arbitral award previously
rendered.

Article 49 Execution of Award
1. The parties must automatically execute the arbitral award within the
time period specified in the award. If no time limit is specified in the
award, the parties shall execute the arbitral award immediately.
2. Where one party fails to execute the award, the other party may apply
to a competent Chinese court for enforcement of the award pursuant to
Chinese laws, or apply to a competent court for enforcement of the award
according to the 1958 United Nations Convention on Recognition and
Enforcement of Foreign Arbitral Awards or other international treaties
that China has concluded or acceded to.

Chapter IV Summary Procedure
Article 50 Application
1. Unless otherwise agreed by the parties, this Summary Procedure shall
apply to any case where the amount in dispute does not exceeded RMB 500,
000 yuan, or to any case where the amount in dispute exceeds RMB 500, 000
yuan, yet one party applies for arbitration under this Summary Procedure
and the other party agrees in writing.
2. Where no monetary claim is specified or the amount in dispute is not
clear, the CIETAC shall determine whether or not to apply the Summary
Procedure after a full consideration of such factors as the complexity of
the case and the interests involved, etc.

Article 51 Notice of Arbitration
Where a Request for Arbitration is submitted to the CIETAC and is found to
be acceptable for arbitration under the Summary Procedure, the Secretariat
of the CIETAC or its Sub-Commission shall send a Notice of Arbitration to
the parties.

Article 52 Formation of Arbitral Tribunal
An arbitral tribunal of a sole arbitrator shall be formed in accordance
with Article 23 of these Rules to hear a case under the Summary Procedure.

Article 53 Statement of Defense and Counterclaim
1. Within twenty (20) days from the date of receipt of the Notice of
Arbitration, the Respondent shall submit its Statement of Defense and
relevant evidence to the Secretariat of the CIETAC; counterclaims, if any,
shall also be filed with supporting evidence within the said time period.
The arbitral tribunal may extend this time period if it considers it
justified.
2. Within twenty (20) days from the date of receipt of the counterclaim
and its attachments, the Claimant shall file its Statement of Defense to
the Respondent’s counterclaim.
Article 54 Conduct of Hearing
The arbitral tribunal may examine the case in the manner it considers
appropriate. The arbitral 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 to hold oral hearings.

Article 55 Oral Hearing
1. For a case examined by way of an oral hearing, the Secretariat of the
CIETAC shall, after the arbitral tribunal has fixed a date for the oral
hearing, notify the parties of the date at least fifteen (15) days in
advance of the oral hearing date. A party having justified reasons may
request the arbitral tribunal for a postponement of the oral hearing.
However, such request must be communicated to the arbitral tribunal at
least seven (7) days in advance of the oral hearing date. The arbitral
tribunal shall decide whether to postpone the oral hearing or not.
2. Where the arbitral tribunal decides to hear the case orally, only one
oral hearing shall be held unless it is otherwise truly necessary.
3. A notice of oral hearing subsequent to the first oral hearing and a
notice of a postponed oral hearing shall not be subject to the fifteen
(15)-day time limit provided for in the foregoing Paragraph 1.

Article 56 Time Limits for Rendering Award
1. The arbitral tribunal shall render an arbitral award within three (3)
months from the date on which the arbitral tribunal is formed.
2. Upon the request of the arbitral tribunal, the Chairman of the CIETAC
may extend the time period if he/she considers it truly necessary and the
reasons for the extension truly justified.

Article 57 Change of Procedure
The application of the Summary Procedure shall not be affected by any
amendment to the claim or by the filing of a counterclaim. Where the
amount in dispute of the amended claim or that of the counterclaim exceeds
RMB 500,000 Yuan, the procedure of the case shall be changed from the
Summary Procedure to the general procedure unless the parties have agreed
to the continuous application of the Summary Procedure.

Article 58 Context Reference
As to matters not covered in this Chapter, the relevant provisions in the
other Chapters of these Rules shall apply.

Chapter V Special Provisions for Domestic Arbitration
Article 59 Application
1. The provisions of this Chapter shall apply to domestic arbitration
cases accepted by the CIEATC.
2. The provisions of the Summary Procedure of Chapter IV shall apply if a
domestic arbitration case falls within the scope of Article 50 of these
Rules.

Article 60 Acceptance
1. Where a Request for Arbitration is found to meet the formality
requirements specified in Article 10 of these Rules, the CIETAC shall
accept the Request and notify the parties accordingly within five (5) days
from its receipt of the Request or immediately upon its receipt of the
Request. Where a Request for Arbitration is found not in conformity with
the formality requirements, the CIETAC shall notify the party in writing
of its refusal of the Request with reasons stated.
2. Upon receipt of a Request for Arbitration, the CIETAC may request the
party to make corrections within a specified time period if it finds the
Request is not in conformity with the provisions of Article 10 of these
Rules.

Article 61 Formation of Arbitral Tribunal
The arbitral tribunal shall be formed in accordance with the provisions of
Articles 21, 22, 23 and 24 of these Rules.

Article 62 Statement of Defense and Counterclaim
1. Within twenty (20) days from the date of receipt of the Notice of
Arbitration, the Respondent shall submit its Statement of Defense and
relevant evidence to the CIETAC; counterclaims, if any, shall also be
filed with supporting evidence within the said time period. The arbitral
tribunal may extend this time period if it considers it justified.
2. Within twenty (20) days from the date of receipt of the counterclaim
and its attachments, the Claimant shall file its Statement of Defense to
the Respondent’s counterclaim.

Article 63 Notice of Oral Hearing
1. For a case examined by way of an oral hearing, the Secretariat of the
CIETAC or its Sub-Commission shall notify the parties of the date of oral
hearing at least fifteen (15) days in advance of the oral hearing date.
The arbitral tribunal may hold the oral hearing ahead of the schedule with
consent from both parties. A party having justified reasons may request
the arbitral tribunal for a postponement of the oral hearing. However,
such request must be communicated to the arbitral tribunal seven (7) days
in advance of the oral hearing date. The arbitral tribunal shall decide
whether to postpone the oral hearing or not.
2. A notice of oral hearing subsequent to the first oral hearing and a
notice of a postponed oral hearing shall not be subject to the fifteen
(15)-day time limit provided in the foregoing Paragraph 1.
Article 64 Record of Oral Hearing
1. The arbitral tribunal shall make a brief written record of the oral
hearing. Any party or participant in the arbitration may apply for a
correction of the record if any omission or mistake is found in the record
regarding its own statement. If the application is refused by the arbitral
tribunal, it shall nevertheless be recorded into the file.
2. The written record shall be signed or sealed by the arbitrator(s), the
recorder, the parties, and other participants in the arbitration, if any.

Article 65 Time Limits for Rendering Award
1. The arbitral tribunal shall render an award within four (4) months from
the date on which the arbitral tribunal is formed.
2. Upon the request of the arbitral tribunal, the Chairman of the CIETAC
may extend this time period if he/she considers it truly necessary and the
reasons truly justified.

Article 66 Context Reference
As to matters not covered in this Chapter, the relevant provisions in the
other Chapters of these Rules shall apply.

Chapter Ⅵ Supplementary Provisions
Article 67 Language
1. Where the parties have agreed on the arbitration language, their agreement shall prevail. Absent such agreement, the Chinese language shall be the official language to be used in the arbitration proceedings.
2. At an oral hearing, if a party or its representative(s) or witness requires language interpretation, the Secretariat of the CIETAC or its Sub-Commission may provide an interpreter, or the party may bring its own interpreter.
3. The arbitral tribunal and/or the Secretariat of the CIETAC or its Sub-Commission may, if it considers necessary, request the parties to submit a corresponding version of the documents and evidence by the parties in Chinese or in other languages.

Article 68 Service of Documents
1. All documents, notices and written materials in relation to the
arbitration may be sent to the parties and/or their representatives in
person, or by registered mail or express mail, facsimile, telex, cable, or by any other means considered proper by the Secretariat of the CIETAC or its Sub-Commission.
2. Any written correspondence to a party and/or its representative(s) shall be deemed to have been properly served on the party if delivered to the addressee or delivered at his place of business, registration, domicile, habitual residence or mailing address, or where, after reasonable inquiries by the other party, none of the aforesaid addresses can be found, the written correspondence is sent by the Secretariat of the
CIETAC or its Sub-Commission to the addressee's last known place of business, registered address, domicile, habitual residence or mailing address by registered mail or by any other means that provides a record of the attempt of delivery.

Article 69 Arbitration Fees and Actual Expenses
1. Apart from charging arbitration fees to the parties according to the Fee Schedule of the CIETAC, the CIETAC may collect from the parties other extra, reasonable and actual expenses including arbitrators' special
remuneration and their travel and accommodation expenses incurred in dealing with the case, as well as the costs and expenses of experts, appraisers and interpreters appointed by the arbitral tribunal, etc.
2. Where a party has appointed an arbitrator who will incur extra expenses, such as travel and accommodation expenses, and fails to pay in advance as a deposit within a time period specified by the CIETAC, the party shall be deemed not to have appointed the arbitrator. In such event, the Chairman of the CIETAC may appoint an arbitrator for the party pursuant to Article 22 or Article 23 of these Rules.
3. Where the parties have agreed to hold an oral hearing at a place other than the CIETAC’s domicile, extra expenses including travel and accommodation expenses incurred thereby shall be paid in advance as a deposit by the parties. In the event that the parties fail to do so, the oral hearing shall be held at the domicile of the CIETAC

Article 70 Interpretation
1. The headings of the articles in these Rules shall not serve as interpretations of the contents of the provisions contained herein.
2. These Rules shall be interpreted by the CIETAC.
Article 71 Coming into Force
These Rules shall be effective as from May 1st, 2005. For cases accepted by the CIETAC or by its Sub-Commissions before these Rules become effective, the Arbitration Rules effective at the time of acceptance shall
apply, or these Rules shall apply where both parties agree.