中国海事仲裁委员会仲裁规则（二）

award which has been previously issued.

　　Article 62 The parties must automatically execute the arbitral award within the time limit specified in the arbitral award. If no time limit is specified in the arbitral award， the parties shall carry out the arbitral award immediately.

　　In case one party fails to execute the arbitral award， the other party may apply to the Chinese court for enforcement of the arbitral award pursuant to Chinese law or apply to the competent foreign court for enforcement of the arbitral award according to the 1958 Convention on Recognition and Enforcement of Foreign Arbitral Awards or other international treaties that China has concluded or participated in.

　　Chapter III Summary Procedure

　　Article 63 Unless otherwise agreed by the parties， this Summary Procedure shall apply to any case in dispute where the amount of the claim totals not more than RMB 500， 000 yuan， and to any case in dispute where the amount of the claim totals more than RMB 500， 000 yuan provided that one party applies for arbitration under this Summary Procedure and the other party agrees in writing.

　　Article 64 When an application for arbitration is submitted to the Arbitration Commission by one of the parties and the application is accepted by the Arbitration Commission after examination and the Summary Procedure is applicable， the secretariat of the Arbitration Commission shall immediately serve a notice of Arbitration to each of the parties. Unless both parties have jointly appointed one sole arbitrator from among the Panel of Arbitrators of the Arbitration Commission， they shall jointly appoint or jointly entrust the Chairman of the Arbitration Commission to appoint one sole arbitrator within 15 days from the date on which the Notice of Arbitration is received by the Respondent. Should the parties fail to make such appointment or entrustment， the Chairman of the Arbitration Commission shall immediately appoint one sole arbitrator to form an arbitration tribunal to hear the case.

　　Article 65 The Respondent shall， within 30 days from the date of receipt of the No

tice of Arbitration， submit his defense and relevant documentary evidence to the secretariat of the Arbitration Commission； a counterclaim， if any， shall be lodged together with documentary evidence within the said time limit.

　　Article 66 The arbitration tribunal may hear the case in the way it deems appropriate. The arbitration tribunal has discretion to hear the case only on the basis of the written materials and evidence submitted by the parties or to hold an oral hearing as well.

　　Article 67 The parties must hand in written materials and evidence needed for the arbitration in compliance with the requirements of the arbitration tribunal within the time limit given by the arbitration tribunal.

　　Article 68 For a case which needs an oral hearing， the secretariat of the Arbitration Commission shall， after the arbitration tribunal has fixed a date for hearing， inform the parties of the date of the hearing 15 days before the date of the hearing.

　　Article 69 If the arbitration tribunal decides to hear the case orally， only one oral hearing shall be held. However， the arbitration tribunal may hold two oral hearings if really necessary.

　　Article 70 Should one of the parties fail to act in compliance with this Summary Procedure during summary proceedings， such failure shall not affect the arbitration tribunal's conduct of the proceedings and the arbitration tribunal's power to render an arbitral award.

　　Article 71 The conduct of the proceedings shall not be affected by any amendment of the claim or by the lodging of a counterclaim.

　　Article 72 Where a case is heard orally， the arbitration tribunal shall make an arbitral award within 30 days from the date of the oral hearing if one hearing is to be held， or from the date of the second oral hearing if two oral hearings are to be held. Where a case is examined on the basis of documents only， the arbitration tribunal shall render an arbitral award within 90 days from the date on which the arbitration tribunal is formed. The Secretary-General of the Arbitration Commission may extend the said time limit if such extension is necessary and justifiable.

　　Article 73 For matters not covered in this Chapter， the relevant provisions in the other Chapters of these Rules shall apply.

　　Chapter IV Supplementary Provisions

　　Article 74 The Chinese language is the official language of the Arbitration Commission. If the parties have agreed otherwise， their agreement shall prevail. At the hearing， if the parties or their attorneys or witnesses require language interpretation， the secretariat of the Arbitration Commission may provide an interpreter for them or the parties may bring with them their own interpreter.

　　The arbitration tribunal and/or the secretariat of the Arbitration Commission may， if it deems it necessary， request the parties to hand in corresponding translation copies in Chinese language or other languages of the documents and evidential materials submitted by the parties.

　　Article 75 All the arbitration documents， notices and materials may be sent to the parties and/or their attorneys in person， or by registered letter or express airmail， telefax， telex， cable or by any other means which are deemed proper by the secretariat of the Arbitration Commission.

　　Article 76 Any written communication to the parties is deemed to have been properly served if it is delivered to the addressee or delivered at his place of business， habitual residence or mailing address； or if none of these can be found after making a reasonable inquiry， a written communication is deemed to have been served if it is sent to the addressee's last known place of business， habitual residence or mailing address by registered letter or by any other means which provides a record of the attempt to deliver it.

　　Article 77 Apart form charging arbitration fees from the parties according to the arbitration F

ee Schedule of the Arbitration Commission， the Arbitration Commission may collect from the parties other extra， reasonable and actual expenses including arbitrators' special remuneration and their travel and boarding expenses for dealing with the case and the fees and expenses for experts， appraisers and interpreters appointed by the arbitration tribunal， etc.

　　If a case is withdrawn after the parties have reached between themselves an amicable settlement， the Arbitration Commission may charge a certain amount of fees from the parties in consideration of the quantity of work and the amount of the actual expenses incurred by the Arbitration Commission.

　　Article 78 Where an arbitration agreement or an arbitration clause contained in the contract provides for arbitration to be conducted by China Maritime Arbitration Commission or by its former named Maritime Arbitration Commission of the China Council for the Promotion of International Trade， the parties shall be deemed to have unanimously agreed that the arbitration shall be conducted by China Maritime Arbitration Commission .

　　Article 79 These Rules shall come into force as from October 1， 1995. For cases which have been taken cognizance of by the Arbitration Commission before the date on which these Rules become effective， the Rules of Arbitration effective on the date when the cases were taken cognizance of shall apply.

　　However， these Rules shall be applied if the parties so agree.

　　Article 80 The power to interpret these Rules is vested in the Arbitration Commission

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