青岛仲裁委员会仲裁规则

ticle 20. When the parties have agreed to have three arbitrators to form an arbitration tribunal, each of the parties shall appoint one arbitrator or entrust the Chairman of the Arbitration Commission to make such appointment. The third arbitrator shall be jointly appointed by the parties or appointed by Chairman of the Arbitration Commission upon the parties' joint authorization.

　　When the parties have agreed to have one sole arbitrator, the arbitrator shall be appointed jointly by the parties or by Chairman of the Arbitration Commission upon the parties' joint authorization.

　　If the parties fail to jointly appoint the formation of the arbitration tribunal and arbitrator(s), the Chairman of the Arbitration Commission has the right to appoint the formation of the arbitration tribunal and arbitrator(s).

　　Article 21. When

there are two or more Claimants or two or more Respondents in an arbitration case, the Claimants' side an /or the Respondents' side each shall, through consultation, appoint one arbitrator from among the Panel of Arbitrators of the Arbitration Commission; if the Claimants' side or the Respondents' side fails to make such appointment within the time limit, the appointment shall be made by the Chairman of the Arbitration Commission.

　　Article 22. In case the parties fail to agree on the number of the arbitrator or appoint the arbitrator(s) within 10 days from the date of receipt of the Notice of Arbitration or Notice of Defense, the Chairman of the Arbitration Commission shall make the appointment.

　　After the Arbitration Commission deems that the Arbitration Commission has the jurisdiction of the case, if the parties fail to agree on the formation of the arbitration tribunal and fail to appoint the arbitrator(s) within the time limit which was stated in the Notice of Defense , the parties shall appoint the formation of the arbitration tribunal or select the arbitrator(s) within 3 days from the date of receipt of the letter of decision. The parties fails to agree on the formation of the arbitration or select the arbitrator(s) within the above stated time limit, and failed to entrust the Director of the Arbitration Commission to make such an appointment, the Director of the Arbitration Commission shall appoint the formation of the arbitration and the arbitrator(s).

　　Article 23. After the arbitration tribunal is formed, the Arbitration Commission shall send a written notice of the formation of the arbitration tribunal to the parties.

　　In case an appointed arbitrator cannot perform his/her duty owing to the following situations, the party or parties shall, from the date of receipt of the notice from the Arbitration Commission reappoint the substitute arbitrator(s) in accordance with Article 20, Article 21 and Article 22 of these Rules:

　　(1) he cannot deal with the case because of being on a business trip in China or being abroad;

　　(2) he cannot conduct arbitration because of healthy condition;

　　(3) he should remove from his office for legal reasons;

　　(4) there are other reasons that cause the arbitrator(s) unable to perform his duty.

　　Article 24. If an arbitrator is in such a condition as follows, he shall, as the parties have the right to request him to, remove from his office:

　　(1) he is a party of the case or a close relative of a party or of his/her agent;

　　(2) he has a personal interest in the case;

　　(3) he has other relations with a party or his/her agent, which may affect the impartiality of the arbitration;

　　(4) he meets a party or his/her agent personally or takes bribes.

　　Article 25. A party requesting the removal of an appointed arbitrator from his office shall give the reasons and put forward the request no later than the first oral hearing. If the reasons for the request are made known after the first oral hearing, the request may be raised after the first hearing but before the end of the last hearing.

　　Article 26. The Chairman of the Arbitration Commission shall decide whether to approve the request for the removal of an appointed arbitrator from his office. The Arbitration Commission Conference shall decide on the approval of the request in case the Chairman acts as the arbitrator.

　　Article 27. In case the arbitrator appointed by the parties fails to perform his duty owing to his withdrawal or any other reasons, the parties shall reappoint a substitute arbitrator within 5 days from the date of receipt the notice. If the parties do not appoint the arbitrator within the time limit, the Chairman of the Arbitration Commission shall make the appointment. The arbitrator originally appointed by the Chairman of the Arbitration Commission fails to perform his duty, the Chairman of the

Arbitration Commission shall reappoint a substitnte arbitrator. The Arbitration Commission shall notify the parties in writing of the reappointed situation.

　　After the appointment of the substitute arbitrator, the arbitration tribunal has discretion to decide whether or not to repeat the previous hearings at the parties'request. The tribunal may also decide by itself whether the previous hearing shall be repeated.

　　Article 28. The arbitrator should not disclose the substantive and procedural matters of the case to the outsiders.

　　Chapter Ⅳ Hearing and Award

　　Article 29. The arbitration tribunal shall hold oral hearings. With both parties' consent, oral hearings may be omitted and thus the arbitration tribunal shall examine the case and make an award on the basis of the Application for Arbitration, written defense and other documents.

　　Article 30. Arbitration shall not hear cases in open session. If both parties have agreed, a hearing may be held in open session except the national secrets involved.

　　Article 31. The notice of the date of hearing shall be communicated by the Arbittion commission to the parties 5 days before the date of the hearing. The arbitration tribunal may hold the hearing ahead of the fixed time with both parties' consent. A party having justified reasons may request a postponement of hearing. His request must be submitted to the Arbitration Commission 3 days before the date of the hearing and the arbitration tribunal shall decide whether to postpone the hearing or not.

　　The notice of the date of the hearing subsequent to the first hearing is not subject to the 5-day time limit required.

　　Article 32. The Claimant should be present at the hearing as informed by the arbitration tribunal. In case the Claimant having no justified reasons fails to appear at the hearing or leaves the hearing before the end of it without the permission of the arbitration tribunal, the arbitration tribunal shall deems that the Claimant has withdrawn his Application for Arbitration. Should the Respondent, having no justified reasons, fail to appear at the hearing fore the tribunal or leave the hearing before the end of it without the permission of the arbitration tribunal, the arbitration tribunal shall make an award by default.

　　Article 32 is applicable to the counterclaim.

　　Article 33. The parties shall produce evidence to support his claim.

　　The parties shall classify, edit and revise the provided evidence, and make brief statement of the source of evidence, object and content of proof, and the name of the submitter and the date of submission.

　　Article 34. For objective cause that the parties and agents thereof could not collect evidence on their own, after the parties submit the application for undertaking investigation and collecting evidence and offer the clue of the evidence, the arbitration tribunal may collect vidence for the parties as it considers necessary.

　　Article 35. The arbitration tribunal may consult an expert or appraiser appointed by either the parties or the arbitration tribunal itself for the clarification of special questions relating to the case if it deems it necessary.

　　At the request of any party to the case or with demand of the arbitration tribunal, the expert or appraiser should be present at the hearing. With the approval of the arbitration tribunal, the parties may question the appraiser.

　　Article 36. The evidence could be cognized as grounds for the facts after the cross-examination at the hearing and verification by the arbitration tribunal. The evidential materials that the parties submit after the commencement of the hearing, upon the evidence materials has been served to the parties and reasonable cross-examination time limit, could be cognized as the basis of the facts.

　　Article 37. The originals should be submitted as documentary evidence and material

evidence. In case it is difficult to submit the originals, the parties can submit duplications, photos, copies and extracts, and the source of the aforesaid items shall be contained.

　　Article 38. In case the evidence may be missing or be difficult to get later on, a party may apply for taking interim measures for the protection of evidence.

　　The Arbitration Commission shall then transmit the party's application for a ruling to the primary people's court in the place where the evidence is located.

　　Article 39. The parties have the right of debate during the arbitration proceedings. At the end of debate, the presiding arbitrator or the sole arbitrator shall ask the parties for their final opinions.

　　Article 40. The arbitration tribunal shall make a record in writing during the hearing. If the parties or other persons involved deem that there are omissions or errors in the record, they may make a request to the arbitration trib

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