青岛仲裁委员会仲裁规则
2009-03-24 法律英语 来源:互联网 作者: ℃The arbitrator(s), the parties, other persons involved and the recorder shall sign their names on the record or affix their seals to it.
Article 41. If the parties to arbitration case reach an amicable settlement by themselves after submitting the Application for Arbitration, they may either request a dismissal of the case or request the arbitration tribunal to make an award in accordance with the contents of their amicable settlement agreement to end the case.
Article 42. If a party goes back on the amicable settlement agreement previously made after the dismissal of the case, he may submit his Application for Arbitration in accordance with the arbitration agreement.
Article 43. The arbitration tribunal may conciliate the case under its cognizance before making of the arbitral award. If both parties have a desire for conciliation, the arbitration tribunal should conciliate the case. Should conciliation fail, the arbitration tribunal shall timely render the arbitral award.
Should the parties reach an amicable settlement agreement through conciliation conducted by the arbitration tribunal, the arbitration tribunal shall make a conciliation statement or an arbitral award in accordance with the contents of the settlement agreement. The conciliation statement and the arbitral award have equal legal effect.
Article 44. The arbitration tribunal shall state in the conciliation statement the claim and the result of conciliation. The conciliation statement should be signed by the arbitrator(s) and the Arbitration Commission's stamp shall be affixed to it and then be sent to both parties.
Once the conciliation statement is served and the parties signed on the receipt,it shall become legally effective.
If one or two parties retract their conciliation agreement before the conciliation statement is served and signed, the arbitration tribunal should timely make an award.
Article 45. The arbitral award shall be decided by majority of the arbitrators, and the minority opinion may be taken down in the record. When the arbitration tribunal cannot attain a majority opinion, the arbitral award shall be decided in accordance with the presiding arbitrator's opinion.
Article 46. In the lourse of arbitration,the arbitration tribunal may make a partial award on any issue of the case if the fact of the issue is clear. The arbitration proceedings shall not be affected in case one party fails to execute the partial award.
Article 47. The arbitration tribunal shall render an arbitral award within 3 months as from the date on which the Claimant modifies his claim o the Respondent lodges his counterclaim.
In case the Claimant modifies his claim and/or the Respondent files a counterclaim, the arbitral award should be rendered within 3 months as from the date on which the Cl
aimant modifies his claim or the Respondent lodges his counterclaim.
If appraisement or audition is necessary in a case, the time for appraisement or audition is not included in the 3-month time limit.
When there are specific reasons for extension of the 3-month time limit, the presiding arbitrator or the sole arbitrator may make a request. The Arbitration Commission may extend the 3-month time limit if the Chairman of the Arbitration Commission deems that the reasons for extension are jutisfied.
Article 48. The arbitration tribunal shall state in the arbitration award the claims, the facts of the dispute, the reasons on which the arbitral award is based, the result of the arbitral award, the allocation of the arbitration costs and the date on which the arbitral award in made.
The facts of the dispute and the reasons on which the arbitral award is based may not be stated in the arbitral award if the parties have agreed not to state them in the arbitral award.
Article 49. The arbitral award shall be signed by the arbitrator(s), and the Arbitration Commission's stamp shall be affixed to it.
The arbitrator(s) who has a dissenting opinion to the arbitral award may sign or not sign his name on it.
Article 50. The arbitral award shall come into legal effect from the date on which the arbitral award is made.
Article 51. The arbitration tribunal shall make a rectification to the wording or calculating errors and take down things that have been awarded but thereafter omitted in the arbitral award. In case things of the parties' application for arbitration that should be awarded have not been awarded by the arbitration tribunal and therefore are omitted in the arbitral award, the arbitration tribunal shall make an additional award.
In the aforesaid situation exists in an arbitral award, the parties may request the arbitration tribunal in writing from the date of receipt of the arbitral award for rectifying it or making an additional award.
The rectification in writing and the additional award are a part of the arbitral award which has been previously issued.
Article 52. Either party may make a request to Qingdao Intermediate People's court for setting aside the arbitral award within 6 months from the date of receipt of the arbitral award if
entrust the Chairman of the Arbitration Commission to make such appointment, the Chairma of the Arbitration Commission may immediately appoint one arbitrator to form the arbitration tribunal.After the arbitration tribunal is formed, the arbitrator shall hear the case concisely and promptly. The time limit and method of hearing may not be pursuant to Chapter 2, Chapter3 and Chapter4 of these Rules.
Article 56. The modified arbitration claim or counterclaim which is filed by the parties does not affect the proceedings of the Summary Procedure.
Article 57. The arbitration tribunal shall render an award within 2 months from the date of the formation. The time limit could be extended by the approval of the Director of the Arbitration Commission if necessary.
Chapter Ⅵ Special Provisions for Foreigninvolved Arbitration
Article 58. Provisions of this Chapter shall be applied to one or two parties are foreign citizens, legal person or other organization. In case there is no provision in this Chapter, provisions of other chapters shall be applied.
For parties from Hong Kong, Macao and Taiwan, this Chapter shall be applied.
Article 59. The parties shall agree on the number of the arbitrator and appoint the arbitrator(s) or entrust the Chairman of the Arbitration Commission to make such appointment within 30 days from the date of receipt of the Notice of Arbitration or the Notice of Defense. In case the parties fail to make such appointment within the time limit, the Chairman of the Arbitration Commission may make such appointment.
Article 60. The Respondent shall submit his written defense within 30 days from the date of receipt of the Application for Arbitration. In case the Respondent files a counterclaim, the Claimant (Respondent to the counterclaim) shall also submit a written defense to the counterclaim within 30 days from the date of receipt of the counterclaim. The Arbitration Commission shall, within 15 days from the date of receipt of the written defense, serve the copy of the written defense to the Claimant or the Respondent. The arbitration proceedings shall not be affected in case the Respondent or the Claimant fails to file the defense in writing.
Article 61. The notice of the date of hearing shall be communicated by the Arbitration Commission to the parties 15 days before the date of 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 the date of the hearing. The request must be communicated to the Arbitration Commission 5 days before the date of hearing. The arbitration tribunal shall decide whether to postpone the hearing or not.
Article 62. The arbitration tribunal shall render an arbitral award within 6 months as from the date on which the arbitration tribunal is formed.
In case the Claimant modifies his claim or the Respondent files a counterclaim, the arbitral award should be rendered within 6 months as from the date on which the Claimant modifies his claim or the Respondent files his counterclaim.
If appraisement or audition is necessary in a case, the time for the appraisement or audition is not included in the 6-month time limit.
When there are specific reasons for extension of the 6-month time limit, the presiding arbitrator or the sole arbitrator may make a request. The Arbitration Commission may extend the 6-month time limit if the Chairman of the Arbitration Commission deems that the reasons for extension are justified.
Chapter Ⅶ Supplementary Provisions
Article63. The prescription of arbitration stipulated by relevant laws shall be applicable. In case there is no arbitration prescription stipulated by relevant laws, the prescription of action should be applied.
Article 64. The Chinese language is the working language of the Arbitration Commission. The arbitration tribunal has discretion on the working language of a case according to the opinion of the parties or the special circumstances of the case.
If the evidential documents are in a foreign language, the parties should hand in the corresponding translation copies in Chinese language. The parties may be required to submit the corresponding translation copies in other language if the Arbitration Commission deems it ne
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