青岛仲裁委员会仲裁规则

).

　　Article 2. Contractual disputes and other property rights and interests disputes between natural persons, legal persons and other organizations which have equal status may be submitted for arbitration to the Arbitration Commission in accordance with the law.

　　The following disputes should not be referred to the Arbitration Commission for arbitration:

　　(1) disputes arising from matrimony, adoption, guardianship, support or inheritance;

　　(2) administrative disputes which should be resolved by relevant administrative organ pursuant to relevant law;

　　(3) labor disputes;

　　(4) agricultural contract disputes arising within the agricultural collective economic organization.

　　Article 3. The Arbitration Commission takes cognizance of cases when the parties have reached an arbitration agreement out of their own will.

　　Article 4. An arbitration agreement means an arbitration clause stipulated by the parties in their contract of a written agreement or a supplementary agreement concluded by the parties in other forms to submit their dispute for arbitration before or after the occurrence of the dispute.

　　The arbitration agreement shall have the following contents:

　　(1) the intention to resolve the dispute by means of arbitration;

　　(2) the dispute to be arbitrated;

　　(3) the intention to submit the dispute to the Arbitration Commission.

　　Article 5. An arbitration agreement exists independently and separately from the contract. The validity of the arbitration agreement shall not be affected by the modification, rescission, termination or invalidity of the contract.

　　Article 6. The Arbitration Commission has the power to decide on the validity of a contract and the jurisdiction of the arbitration cases.

　　Article 7. If a party challenges the validity of an arbitration agreement, he may request the Arbitration Commission or the People's Court to make a decision.If a party requests the Arbitration Commission to make a decision， and the other party applies to the People's Court for a ruling, the latter's ruling shall prevail.

　　Any challenges to the validity of the arbitration agreement shall be raised before the first hearing conducted by the arbitration tribunal; if no challenges are raised before the first hearing, it shall be deemed that the parties have agreed to submit their dispute to the Arbitration Commission for arbitration. If oral hearings are omitted at the request of the parties or with their consent the challenges shall be raised before the first submission of the written defense .

　　Article 8. In case the parties

had applied to the original arbitration institutions of Qingdao for arbitration before the Arbitration Law came into force, then they may apply to the Arbitration Commission for arbitration with their original arbitration clause or arbitration agreement.

　　Article 9. Once the parties agreed to submit their disputes to the Arbitration Commission for arbitration, it shall be deemed that they have agreed to conduct arbitration in accordance with these Rules. If any other request arise, it shall be agreed to by the Chairman of the Arbitration Commission.

　　Chapter Ⅱ Application and Acceptance

　　Article10. The Claimant shall satisfy the following requirements when applying for application:

　　(1) the arbitration agreement relied upon by the Claimant;

　　(2) the Claimant's claim and the facts and reasons on which his claim is based;

　　(3) within the Arbitration Commission's cognizance.

　　Article 11. When applying for arbitration, the Claimant shall submit the arbitration agreement and Application for Arbitration to the Arbitration Commission and a copy of Application for Arbitration to each Respondent.

　　Article 12. The following shall be specified in the Application for Arbitration:

　　(1) the name, gender, age, occupation, work unit and address of the Claimant, those of the Respondent and the attorney, name and address of legal persons or other organizations, with the names and rank of their legal representatives or person in charge;

　　(2) the Claimant's claim and the facts and reasons on which his claim is based;

　　(3) the evidence and its origin, the name and address of the witness.

　　The Application for Arbitration shall be signed or stamped by the Claimant or the attorney authorized by the Claimant.

　　Article 13. The Arbitration Commission shall, immediately or within 5 days from the date of receipt of the Application for Arbitration, decide whether to accept the case. If the Arbitration Commission, after examination, deems that the Claimant has satisfied all the Arbitration Commission's requirements, a Notice of Arbitration shall be served to the Claimant. If the Arbitration Commission deems that the Claimant has not satisfied all the requirements, they shall serve a written notice to the party of not taking cognizance of the case with the relevant reasons.

　　After receipt of the Application for Arbitration and when the Arbitration Commission, after examination, deems that the Application for Arbitration is not in conformity with Article 12 of these Rules, the Arbitration Commission shall require the Claimant to correct and complete the application. If the party does not correct and complete the application within a specified period, it shall be deemed as invalid.

　　Article 14. The Arbitration Commission shall, within 10 days as from the date of taking cognizance of a case, serve an Arbitration Rules and a Panel of Arbitrators to the Claimant, and one copy of the Application for Arbitration, the Arbitration Rules and the Panel of Arbitrators to the Respondent.

　　The Respondent shall, within 15 days from the date of receipt of the Application for Arbitration, submit his written defense to the Arbitration Commission. The Arbitration Commission shall, within 5 days from the date of receipt of the written defense, serve the copy of the written defense to the Claimant. The arbitration proceedings shall not be affected in case the Respondent fails to file his defense in writing.

　　Article 15. The Claimant shall, from the date of receipt of the Notice of Arbitration, pay the arbitration fee in advance to the Arbitration Commission according to the Arbitration Fee Schedule and the Rules of the Arbitration Commission, and pay the expenses which will be reasonably incurred in dealing with the case according to relevant rules.

　　The Claimant having difficulty in paying the arbitration fee in advan

ce may postpone paying the fee if he has duly requested and the request has been approved by the Chairman of the Arbitration Commission.

　　The Claimant not paying the arbitration fee in time as stipulated in the first paragraph of this article and not duly requesting a postponement as well,or not paying the arbitration fee in time as stipulated in the request for postponement which has been approved by the Arbitration Commission, shall be deemed to have withdrawn his application.

　　Article 16. The Claimant may request to withdraw or to modify his arbitration claim. The Respondent may acknowledge or disprove the claim, and may lodge a counterclai. The request to modify the claim or to file a counterclaim shall be raised before the end of the last oral hearing;it may be raised after the end of the last hearing if the Arbitration Commission deems that the reasons for the request are justified.

　　The Arbitration Commission shall, within 5 days from the date of receipt of the Respondent's written statement of counterclaim, decide to accept the case if the Arbitration Commission, after examination, deems that the counterclaim statement has satisfied all the Arbitration Commission's requirements, and thereafter serve a written counterclaim to the Claimant. If the Arbitration Commission deems that the Respondent's counterclaim has not satisfied all the requirements, they shall serve a written notice of not taking cognizance of the case with the relevant reasons to the party.

　　The Claimant shall, within 15 days from the date of receipt of the copy of the written statement of counterclaim, submit his written defense to the Arbitration Commission. The arbitration proceedings shall not be affected in case the Claimant fails to submit an written defense again the Respondent's counterclaim.

　　Article 17. A party may applies for property preservative measures when he deems that the arbitral award may not be executed or may be difficult to enforce because of the other party's acts or other reasons.

　　Where a party applies for preservative measures, the Arbitration Commission shall transmit the party's application for a ruling to the People's Court in accordance with the Civil Procedure Law.

　　Article 18. The parties and legal representatives may authorize lawyers or other agents to deal with the matters relating to arbitration, the authorized attorney must submit a Power of Attorney to the Arbitration Commission.

　　The Power of Attorney shall be specified with matters and scope of authority. If the parties modify or terminate the authorized agent's authorized matters and scope of authority, they shall submit a written statement to inform the Arbitration Commission. The arbitration procedure shall not be affected by the alternation of authorized agent or the scope of authority.

　　Chapter Ⅲ Formation of Arbitration Tribunal

　　Article 19. There shall be three arbitrators or one arbitrator to form an arbitration tribunal. An arbitrator shall be appointed as the presiding arbitrator if there are three arbitrators.

　　Ar

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