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

itration Commission and the persons to be in charge of specialist consultation organs；

　　（4） to consider and pass the plan for the establishment of the working body of the Arbitration Commission；

　　（5） to decide upon the appointment， dismissal or removal of arbitrators；

　　（6） to decide upon the withdrawal of the chairman if he acts as an arbitrator；

　　（7） to revise the Articles of the Arbitration Commission；

　　（8） to make a decision concerning adjourning the Arbitration Commission； and

　　（9） other duties described in the Arbitration Law， arbitration rules and these Articles.

　　Article 9 The chairman's meeting shall be composed of the chairman， vice chairmen and the secretary general， and shall be responsible for handling important routine duties of the Arbitration Commission during the periods when the Arbitration Commission is not in session.

　　Article 10 The Arbitration Commission may establish specialist consultation organs where necessary which shall provide consultative advice on difficult problems for the Arbitration Commission and the arbitrators.

　　Specialist consultative organs shall institute one person in charge to be held by a vice chairman of the Arbitration Commission.

　　Article 11 If the Arbitration Commission session makes a decision to dissolve the Commission， and it is agreed to by the people's government of the city， the Arbitration Commission shall be terminated.

　　Chapter III The Working Body

　　Article 12 A working body shall be established under the Arbitration Commission. Under the secretary general of the Arbitration Commission， the working body shall be responsible for dealing with the routine duties of the Arbitration Commission.

　　The working body shall be mainly responsible for the following：

　　（1） to directly deal with procedural affairs， such as the acceptance of arbitration cases， processing of arbitration documents and file management；

　　（2） to collect and manage arbitration fees； and

　　（3） to deal with other matters designated by the Arbitration Commission.

　　Article 13

Decisions to employ personnel of the working body shall be made by the chairman's meeting of the Arbitration Commission.

　　Chapter IV Arbitrators

　　Article 14 A list of the arbitrators shall be proposed by the chairman's meeting of the Arbitration Commission. Upon deliberation and passage by the Arbitration Commission meeting， the arbitrators shall be appointed by the Arbitration Commission and a letter of appointment shall be issued.

　　The tenure of appointment of the arbitrators shall be three years， and may be extended upon expiration.

　　Article 15 The Arbitration Commission shall draw up a list of arbitrators according to different specialties.

　　The list of the arbitrators shall be submitted to the Chinese Arbitration Association for filing.

　　Article 16 The arbitrators shall strictly abide by the arbitration rules and shall ensure that all parties involved enjoytheir rights as described in the arbitration rules.

　　Article 17 The arbitrators shall treat both parties equally， and shall not represent or take sides with any party.

　　Article 18 After accepting a case， the arbitrator shall make a serious and thorough reading and examination of all theevidence and materials submitted by the parties in preparation for hearing the case.

　　Article 19 When holding hearings， the arbitrator shall hear fully the statements by the two parties and earnestly discern the facts.

　　Article 20 If the arbitrator is approved to meet with the party or his agent by the arbitration tribunal or the Arbitration Commission， the meeting shall be held at the office of the Arbitration Commission； without the approval of the arbitration tribunal or the Arbitration Commission， the arbitrator shall not meet with either party or their agents independently， accept evidence or materials from either party or their agents or discuss circumstances concerning the arbitration case with either party or their agents independently.

　　Article 21 The arbitrators shall promptly meet after the termination of the case hearings， and shall issue the award according to provisions.

　　Article 22 The arbitrators shall maintain the secrecy of the arbitration process and shall not reveal such things as the case proceedings， status of the arbitration tribunal's decision or any trade secrets.

　　Article 23 The Arbitration Commission shall dismiss any of arbitrator under any of the following circumstances：

　　（1） concealing circumstances which should be withdrawn and which thereby affect the case hearings adversely；

　　（2） failing to attend the hearings without rational reasons； and

　　（3） other circumstances unbecoming with continued duty as an arbitrator.

　　Article 24 Any arbitrator who meets with either party or their agents without approval， accepts dinner invitations or gifts from either party or their agents， or， during arbitration， demands or accepts a bribe， commits malpractice while in search of personal gain or twists the law in making an award shall bear legal responsibility according to the law and shall be removed by the Arbitration Commission.

　　Chapter V Financing

　　Article 25 The Arbitration Commission shall adopt an independent accounting financial system.

　　Article 26 The financial resources of the Arbitration Commission include：

　　（1） assistance from the government；

　　（2） the arbitration fees handed in by parties involved；

　　（3） other legal income.

　　Article 27 When the Arbitration Commission terminates， its property shall be liquidated. After liquidation， the remaining property shall belong to the state.

　　Chapter VI Supplementary Provisions

　　Article 28 These Articles shall be explained by the Arbitration Commission.

　　Article 29 These Articles shall be effective as of the date of approval by the people's government of this city.

　　Appendix II S

ample Text of the Interim Rules of Arbitration

　　Chapter I General Provisions

　　Article 1 These Interim Rules are formulated according to the relevant provisions of the Arbitration Law of the People's Republic of China （hereinafter referred to as the Arbitration Law） and the Civil Procedure Law of the People's Republic of China （hereinafter referred to as the Civil Procedure Law）， for the purpose of ensuring the fair and timely arbitration of economic disputes and protecting the lawful rights and interests of the parties involved.

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

　　This Arbitration Commission does not accept arbitration applications concerning labor disputes or internal agricultural contract disputes of agricultural collective economic organization.

　　Article 3 A decision by the parties involved to adopt arbitration as the means of settling a dispute must be agreed to by both parties voluntarily. If there is no agreement to hold arbitration and one party applies for arbitration， that party shall be refused by the Arbitration Commission.

　　Article 4 An agreement to hold arbitration shall include an arbitration clause in a contract and any other written agreements to apply for arbitration reached before or after the dispute.

　　An agreement to hold arbitration shall contain the following：

　　（1） expression of intent to apply for arbitration；

　　（2） the items to be discussed in arbitration；

　　（3） expression of intent to select this Arbitration Commission.

　　Article 5 The agreement to hold arbitration shall be independent， and the alteration， dissolution， termination or invalidity of the contract does not affect the force of the agreement.

　　The arbitration tribunal shall be entitled to have the authority to affirm the effectiveness of the agreement.

　　Article 6 Any party who disagrees with the effectiveness of the arbitration agreement may apply to this Arbitration Commission for a decision or may file a petition with the people's court for adjudication. Where one party applies to this Arbitration Commission to make a decision and another party applies to the people's court for adjudication， the people's court shall make an adjudication.

　　Any party who disagrees with the effectiveness of the arbitration agreement shall raise the objection before the first hearings of the arbitration tribunal； if the parties agree not to hold hearings， any objections shall be raised before the submission of the first plea.

　　Chapter II Application and Acceptance

　　Article 7 Any party who applies for arbitration shall satisfy the following requirements：

　　（1） possession of an agreement to hold arbitration；

　　（2） possession of an accurate arbitration application and the facts and reasons；

　　（3） the application is within the scope of this Arbitration Commission.

　　Article 8 When applying for arbitration， the applicant shall submit the arbitration agreement， application for arbitration

　　Article 9 The following items shall be clearly stated in the application letter for arbitration：

　　（1） the name， sex， age， profession， employer and address of the applicant and the defendant； the name and address of the corporation or other organization， and the name and position of the legal representative or the chief person in charge；

　　（2） the arb

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