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

itration petition and the related facts and reasons；

　　（3） any evidence and sources of evidence， and the name and address of any witnesses.

　　Article 10 Within five days from receiving the application for arbitration， this Arbitration Commission shall， considering the application satisfies the acceptance requirements， accept it and notify the parties；

the Arbitration Commission may also accept the application at once and notify the parties； if the application does not satisfy the acceptance requirements， this Arbitration Commission shall notify the parties of the refusal in written form and give the reasons.

　　After receiving the application letter for arbitration， this Arbitration Commission may demand that the applying party provide supplementary materials or make corrections within a specified period if the application for arbitration does not satisfy the provisions of Article 9 of these Interim Rules； if no additions or corrections are made when due， it shall be deemed that the application has not been received.

　　Article 11 After receiving the application letter for arbitration， this Arbitration Commission shall deliver these Interim Rules and the list of arbitrators to the applicant within 15 days， and deliver a copy of the application for arbitration， these Interim Rules and the list of arbitrators to the defendant.

　　After receiving the copy of the application for arbitration， the defendant shall submit a plea to the Arbitration Commission within 15 days. After receiving the plea， the Arbitration Commission shall deliver a copy of the plea to the applicant within 15 days. If the defendant fails to submit a plea， it shall not affect the process of the arbitration procedure.

　　Article 12 The applicant may abandon or change the arbitration application. The defendant may acknowledge or refute the arbitration application， and shall be entitled to file a counter-petition.

　　This Arbitration Commission shall， within 15 days from receiving the application for counter-petition raised by the defendant， deliver a copy of the application letter for counter-petition to the applicant.

　　The applicant shall submit a written plea to this Arbitration Commission within 15 days from receiving the application letter for counter-petition； if no written plea is raised， it shall not affect the process of the arbitration procedure.

　　Article 13 One party may， if it is possible that the award cannot be executed or be will executed only with great difficulties because of the actions of another party or for other reasons， apply for property preservation.

　　If any party applies for property preservation， this Arbitration Commission shall submit the application of the applicant to the people's court in accordance with the relevant provisions of the Civil Procedure Law.

　　If the application proves to be faulty， the applicant shall reimburse the defendant any losses caused by the property preservation.

　　Article 14 A party or agent may authorize a lawyer or other agent with carrying out the arbitration activities. The authorized lawyer or other agent shall submit a letter of authorization to this Arbitration Commission before engaging in arbitration activities.

　　Chapter III Composition of the Arbitration Tribunal

　　Article 15 The arbitration tribunal may be composed of three arbitrators or one arbitrator. If it is composed of three， a chief arbitrator shall be selected.

　　Article 16 If the parties agree that the arbitration tribunal shall be composed of three arbitrators， they shall each choose an arbitrator or authorize the chairman of this Arbitration Commission to appoint one arbitrator each， the third arbitrator to be chosen jointly by both parties or appointed by the chairman with the joint authorization of both parties. The third arbitrator shall be the chief arbitrator.

　　If the parties agree that the arbitration tribunal is to be composed of one arbitrator， he shall be chosen jointly by both parties or appointed by the chairman with the joint authorization of both parties.

　　Article 17 If the parties fail to agree on the composition of the arbitration tribunal or fail to select the arbitrators within 15 days from receiving the notification of acceptance of arbitration，

the arbitrators shall be appointed by the chairman of this Arbitration Commission.

　　Article 18 After the establishment of the arbitration tribunal， this Arbitration Commission shall， within five days after the establishment of the arbitration tribunal， notify the parties in written form of the composition of the arbitration tribunal， or may also notify the parties in written form of the composition of the arbitration tribunal on the date of establishment.

　　Article 19 Any arbitrator who falls into any of the following categories shall withdraw from the case； any party has the right to propose a withdrawal application：

　　（1） those who are parties to the case or relatives of any party or their agents；

　　（2） those who have a vested interest in the case；

　　（3） those who have other relations with either party or their agents which may possibly affect a fair award；

　　（4） those who meet with either party or their agents on their own or accept gifts or dinner invitations from either party or their agents.

　　Article 20 Any party who proposes a withdrawal application， shall state the reasons and make an application before the first hearings. If the reasons for the withdrawal are not known until after the first hearings， an application may be raised before the termination of the final hearings.

　　Article 21 Whether the arbitrator is withdrawn or not shall be decided by the chairman of this Arbitration Commission； when the chairman is acting as an arbitrator， withdrawal shall be decided by a meeting of this Arbitration Commission.

　　Article 22 If any arbitrator is unable to perform his or her duties because of withdrawal or other reasons， a new arbitrator shall be chosen or appointed according to the provisions of the Arbitration Law and these Interim Rules.

　　After a new arbitrator has been chosen or appointed due to withdrawal of the original arbitrator， either party may apply to begin the arbitration procedure anew， whether or not permission shall be granted shall be decided by the arbitration tribunal； the arbitration tribunal may itself decide whether or not to begin the arbitration procedure anew.

　　Article 23 Any arbitrator who meets with either party or their agents on their own or accepts gifts or dinner invitations from either party or their agents and the case is serious， or who 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 all legal responsibilities according to the law and shall be removed by the Arbitration Commission.

　　Chapter IV Hearings and Adjudication

　　Article 24 Hearings shall be held for arbitration. If the parties agree not to hold a hearing， the arbitration tribunal may give an award on the basis of the application for arbitration， pleas and other materials.

　　Article 25 Arbitration shall not be held publicly. It may be held in public if both parties agree， unless state secrets are involved.

　　Article 26 The Arbitration Commission shall notify the parties of the date of the hearings 10 days before the hearings are to be held by the arbitration tribunal； the hearings may be held ahead of time if the parties obtain consent from the arbitration tribunal. Any party who has rational reasons may apply for a delay of the hearings within seven days before the hearings； whether or not to delay the hearings shall be decided by the arbitration tribunal.

　　Article 27 If the applicant notified in written form fails to attend the hearings or exits the hearings in mid-proceedings without the permission of the arbitration tribunal， it shall be deemed that the arbitration application is revoked.

　　If the applicant notified in written form fails to attend the hearings or exits the hearings in mid-proceedings without the permission of the arbitration tribunal， an award by default may be made.

　　Article 28 Each party shall provide evidence for any claims.

　　The tribunal may collect any evidence it deems necessary.

　　Article 29 Original documents shall be supplied for any documentary evidence. The original objects shall be submitted for any physical evidence. If there are difficulties in submitting the original documentary evidence or Physical evidence， duplications， photographs， copies or abstracts may be provided.

　　If documentary evidence in a foreign language is provided， it shall be accompanied by a Chinese version.

　　Article 30 If the arbitration tribunal deems it necessary to evaluate a technicality， it may be evaluated by an evaluation organization agreed upon by the parties， or may be evaluated by an evaluation organization appointed by the arbitration tribunal.

　　According to petitions by either party or requests by the arbitration tribunal， the evaluation organization shall arrange a witness to attend the hearings. With permission of the arbitration tribunal， a party may raise questions to the witness.

　　Article 31 Any evidence shall be produced during the hearings， and the parties may confront each other.

　　Article 32 In the event that evidence is likely to be destroyed or lost， or is difficult to obtain later， a party may apply for evidence preservation. If a party applies for evidence preservation， this Arbitration Commission shall transmit the party

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