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

's application to the local people's court in the locality where the evidence is located.

　　Article 33 The parties shall have the right to argue during arbitration. When the arguing terminates， the chief arbitrator or arbitrator shall ask for the final opinions of the parties.

　　Article 34 The arbitration tribunal shall make a written record of the hearings. If either party or other participants consider that there are omissions or errors in the record with respect to their statements， they shall have the right to request additions or corrections to be made； if the addition or correction is not permitted， the application shall be noted.

　　The record shall be signed or stamped by the arbitrators， stenographer， parties and other participants.

　　Article 35 After applying for arbitration， the parties may make a reconciliation. If a reconciliation is reached， the parties may request the arbitration tribunal to make the award statement according to the reconciliation， and may also revoke the application for arbitration.

　　Article 36 Any party who retracts consent after the reconciliation agreement has been reached and the application for arbitration is revoked may apply for arbitration according to the arbitration agreement.

　　Article 37 The arbitration tribunal may conduct conciliation before the award is made. If the parties voluntarily desire a conciliation， the arbitration tribunal shall conduct conciliation. If no agreement is reached through conciliation， the arbitration tribunal shall make a prompt award.

　　If an agreement is reached through conciliation， the arbitration tribunal shall draw up a conciliation statement or award statement according to the conciliation result. The conciliation statement shall have the same legal effectiveness as the award statement.

　　Article 38 The conciliation statement shall state clearly the result of the application for arbitration and the agreement between the parties. The conciliation statement shall be signed by the arbitrators and sealed by this Arbitration Commission， and delivered to both parties.

　　The conciliation statement shall come into legal effect upon signing after being received.

　　If the parties make a retraction before signing after they have received the conciliation statement， the arbitration tribunal shall make a prompt award.

　　Article 39 The award statement shall be made according to the majority opinion of the arbitrators， and the dissenting opinions of

the minority may be noted down for the record. If a majority opinion cannot be formulated， the award shall be made according to the opinion of the chief arbitrator.

　　Article 40 When the arbitration tribunal arbitrates a dispute， if a portion of the facts are clear， the arbitration tribunal may first make an award concerning this portion.

　　Article 41 The arbitration tribunal shall make an award within four months after its establishment. If due to special circumstances it is necessary to extend this time， an appropriate extension shall be made after the chief arbitrator or arbitrator reports to this Arbitration Commission for approval.

　　Article 42 The arbitration application， disputed facts， reasons of award， result of award， responsibility for arbitration expenses and the date of award shall be stated in the award statement.

　　If the parties agree not to record the disputed facts and reasons of award， they shall not be recorded.

　　The award statement shall be signed by the arbitrators. The dissenting arbitrators may or may not sign.

　　Article 43 After being signed by the arbitrators， the award statement shall be stamped by this Arbitration Commission.

　　Article 44 The award statement shall come into legal effect as of the date of its making.

　　Article 45 The arbitration tribunal shall make any additions or corrections to the literary or mathematical errors in the award statement or to omissions in the award statement made by the arbitration tribunal； the parties may， within 30 days of receiving the award statement， request additions and corrections to be made by the arbitration tribunal.

　　Article 46 The parties may apply to the intermediate people's court in the locality of this Arbitration Commission for revoking the award within six months of receiving the award statement， if any of the following circumstances can be proved through evidence：

　　（1） there was no agreement to hold arbitration；

　　（2） the arbitration items were not subject to the scope of the agreement to hold arbitration or were beyond the arbitration jurisdiction of the arbitration commission；

　　（3） the composition of the arbitration tribunal or the arbitration procedures violated legal procedures；

　　（4） the evidence the award is based on was forged；

　　（5） the counter party concealed the evidence which affected fair award；

　　（6） the arbitrator demanded or accepted bribes， committed malpractice in search for personal gain or twisted the law in making an award during arbitration.

　　Article 47 The parties shall comply with the award within the time period specified in the arbitration award statement. If a time period has not been specified， the parties shall comply with the award at once.

　　If one party fails to comply with the arbitration award， the other party may， according to the relevant provisions of the Civil Procedure Law， apply to the people's court for enforcement.

　　Chapter V Supplementary Provisions

　　Article 48 Any law containing provisions concerning the limitations of arbitration shall be complied with； if no provisions concerning the limitations of arbitration appear in any law， provisions concerning the limitations of legal proceeding shall be complied with.

　　Article 49 Unless the parties otherwise agree or the arbitration tribunal otherwise demands， the arbitration documents， notifications and materials may be directly delivered to the parties or their agents， or may be delivered to the parties or their agents through the post， facsimile or telegram.

　　Article 50 The time period shall be calculated according to the hour， the day， the month and the year. The hour and day from which a time period begins shall not be counted as within the time period.

　　If the expiration date of a time period falls on a holiday， then the day immediately following the holiday shall be rega

rded as the expiration date.

　　A time period shall not include traveling time. Arbitration documents， materials or notifications that are mailed or delivered before a deadline shall not be regarded as overdue.

　　Article 51 A party who fails to meet a deadline due to force majeure or for other legitimate reasons， may apply for an extension of the time limit within 10 days after the obstacle is removed. The requested extension shall be subject to approval by this Arbitration Commission or the arbitration tribunal.

　　Article 52 The arbitrator's fee shall be determined by this Arbitration Commission according to the circumstances of handling an arbitration case such as the working time， the degree of difficulty and the size of the dispute.

　　The arbitrator's fee shall be paid from the fees for accepting arbitration cases collected by this Arbitration Commission.

　　Article 53 These Interim Rules shall come into effect as of the date of

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