重新组建仲裁机构方案 PLAN FOR THE REORGANIZATION OF ARBITRATION ORGANS

国办发（1995）44号
（Promulgated by the State Council on July 28， 1995）
颁布日期：19950728 　实施日期：19950728 　颁布单位：国务院办公厅

　　1. Concerning the Principles of the Reorganization of Arbitration Organs

　　（1） Grasp the spirit of the Arbitration Law of the People's Republic of China （hereinafter referred to as the Arbitration Law） comprehensively and accurately， and carrying out the reorganization of these arbitration organs strictly according to the Arbitration Law.

　　（2） Embody the purpose of serving the people wholeheartedly and ensure arbitration to solve economic disputes pursuant to the principles of fairness and promptness.

　　（3） On the basis of the factual circumstances， reorganize the arbitration organs according to necessity and possibility.

　　（4） Unify understanding， strengthen the leadership and arouse the positive factors in all aspects in order to ensure the smooth transition of the arbitration work.

　　2. On the Arbitration Commissions

　　（1） Only one unified arbitration commission may be established in any city where the law provides for establishment of an arbitration commission， and no special arbitration commission or arbitration tribunal shall be established according to different specialties.

　　（2） The names of newly established arbitration commissions shall be regulated； all arbitration commissions shall begin with the city name where the arbitration commission is located （name of location + arbitration commission）， such as Beijing Arbitration Commission， Guangzhou Arbitration Commission or Shenzhen Arbitration Commission.

　　（3） The arbitration commission shall be composed of one chairman， from two to four vice chairmen and from seven to eleven commission members. Among those， one or two persons shall be full-time commission personnel and the others shall be part-time.

　　Membership in the arbitration commission shall be held by specialists and persons with practical experience from colleges， scientific research institutions or state agencies. The members of the arbitration commission may or may not be arbitrators.

　　The members of the first session of an arbitration commission shall be appointed by the people's government of that city upon recommendation by various departments such as of governmental legal affairs， economics and trade， construction reformation， justice， the administration for industry and commerce， science and technology or urban construction， and organizations such as the trade promotion commission or the association of industry and commerce.

　　（4） One secretary general shall be instituted in each arbitration commission. The post of secretary general may beheld concurrently by a full-time member of the arbitration commission.

　　（5） A working body which shall be responsible for handling the acceptance of arbitration cases， processing arbitration documents， file management and collection and management of arbitration fees shall be established under the arbitration commission. The secretary general shall be responsible for the routine duties of the working body.

　　The establishment of the working body and arrangement of personnel shall comply with the principles of streamlining and high efficiency. During the initial period of operation of the arbitration commission， it is not necessary for the working body to have excessive personnel. The number of personnel may be suitably increased with the increase of the arbitration work load.

　　The personnel of the working body shall possess good moral character and professional skills and shall be appointed on the basis of competitive selection.

　　3. Concerning the Arbitrators

　　（1） A full-time arbitrator shall not be established in the arbitration commission.

　　（2） Arbitrators shall be appointed according to law by the newly-established arbitration commission.

　　The arbitration commission shal

l， mainly from within its province， autonomous region or municipality directly under the central government， appoint arbitrators from among those who satisfy the conditions in the provisions of Article 13 of the Arbitration Law.

　　The public servants and personnel of agencies of the public servant system， if they satisfy the requirements described in Article 13 of the Arbitration Law and have the approval of their units， may be appointed as arbitrators， But they shall not allow the arbitration work to interfere with their regular duties.

　　The arbitration commission shall establish a list of arbitrators according to different specialties.

　　（3） In accordance with the arbitration rules， the arbitrators shall be paid by the arbitration commission for handling arbitration cases. Unless they deal with arbitration cases， the arbitrators shall not receive any payment or other fees.

　　4. Concerning the Size， Funds and Site of Arbitration Commissions

　　During the initial period of the establishment of the arbitration commission， the local people's government of that city shall， according to the relevant provisions on institutional organizations， arrange the establishment of the staff， funds and sites for the arbitration commission. The arbitration commission shall gradually establish a system of independent revenue and expenditure.

　　5. Concerning the Merger of Newly Established Arbitration Commissions and Existing Arbitration Organs

　　（1） As to the appointment of arbitrators or employment of personnel for the working body， those in existing arbitration organs who satisfy the requirements shall be considered first.

　　（2） If parties concerned have formed an arbitration agreement before the termination of an existing arbitration organ and make a supplementary agreement to decide on a new arbitration commission after the termination of the said existing arbitration organ， they may apply to the newly chosen arbitration commission for arbitration according to the Arbitration Law； if the parties fail to reach a supplementary agreement， the original arbitration agreement shall be invalid.

　　Appendix I Sample Text of the Articles of the Arbitration Commission

　　Chapter I General Provisions

　　Article 1 These Articles are formulated according to the Arbitration Law of the People's Republic of China （here in after referred to as the Arbitration Law） for the purpose of regulating the activities of this Arbitration Commission， ensuring the fair and timely arbitration of the economic disputes and protecting the lawful rights and interests of all parties involved.

　　Article 2 Contractual disputes and other disputes involving property rights and interests occurring between equal citizens， corporations or other organizations may apply to this Arbitration Commission for arbitration.

　　This Arbitration Commission will not accept applications for arbitration of labor disputes or internal agricultural contract disputes of agricultural collective economic organizations.

　　Article 3 This Arbitration Commission （hereinafter referred to as the Arbitration Commission） is located in the city of……

　　Chapter II The Arbitration Commission

　　Article 4 The Arbitration Commission shall be composed of one chairman， from two to four vice chairmen and from seven to eleven members. Among those， one or two persons shall be the commission's full-time personnel and the others shall be part-time.

　　One secretary general shall be instituted in the Arbitration Commission. The post of secretary general may be held concurrently by a full-time member of the Arbitration Commission.

　　A list of the members of the Arbitration Commission shall be submitted to the Chinese Arbitration Association for filing.

　　Article 5 The term of each session of the Arbitration Commission shall be three years. Upon the expiration of the term， one thir

d of members shall be replaced.

　　The replacement of the members of next session of the Arbitration Commission shall be completed two months before the expiration of the term of the current Arbitration Commission； if it is not completed owing to special circumstances， it shall be completed within three months from the expiration of the term of the current Arbitration Commission.

　　The duties of the preceding session of the Arbitration Commission shall be ended with the formation of the new session.

　　Article 6 The members of the new session of the Arbitration Commission shall， upon the nominations of the chairman's meeting of the preceding session and in consultation with the relevant departments of the people's government of the city and the commerce chambers， be appointed by the people's government of the city.

　　Article 7 Meetings of the Arbitration Commission shall be presided over by the chairman or a vice chairman who has been authorized by the chairman. A meeting may be held when not less than two thirds of the members are present. A decision to revise the Articles of the Arbitration Commission or to adjourn the Arbitration Commission shall be passed by not less than two thirds of all the members； other decisions shall be passed by not less than two thirds of the present members.

　　Article 8 Meetings of the Arbitration Commission are mainly responsible for the following：

　　（1） to consider important items such as the working policy or working plan of the Arbitration Commission， and to make relevant decisions；

　　（2） to deliberate over and pass the annual working report and financial report raised by the secretary general of the Arbitration Commission；

　　（3） to decide upon eligible candidates for the secretary general of the Arb

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