中国国际经济贸易仲裁委员会仲裁规则（2000年修订） China International Economic and Trade Arbitration Commission, Arbitratio

(Revised and adopted by the China International Economic and Trade Arbitration Commission and the China Chamber of International Commerce on 5 September 2000 and effective as of 1 October 2000.)
颁布日期：20000905 　实施日期：20001001 　颁布单位：中国国际经济贸易仲裁委员会

　　PART ONE　GENERAL PROVISIONS

　　Section One: Jurisdiction

　　Article 1　These Arbitration Rules are formulated in accordance with the PRC, Arbitration Law and relevant laws as well as the Decisions of the former Administrative Council of the Central People's Government, and Circulars and Official Replies of the State Council.

　　Article 2　The China International Economic and Trade Arbitration Commission (originally named Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade, later renamed as Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade, and presently called China International Economic and Trade Arbitration Commission, hereafter, the Arbitration Commission) independently and impartially resolves, by means of arbitration, disputes arising from economic and trade transactions, whether contractual or non-contractual.

　　The disputes stated in the preceding paragraph include:

　　1. international or foreign-related disputes;

　　2. disputes related to the Hong Kong Special Administrative Region, Macao Special Administrative Region or Taiwan regions;

　　3. disputes between foreign investment enterprises and disputes between an enterprise with foreign investment and another Chinese legal person, natural person and/or economic organization;

　　4. disputes involving project financing, invitation of tenders, submission of tenders, construction and other activities conducted by Chinese legal persons, natural persons and/or other economic organizations through utilizing capital, technology or service from foreign countries, international organizations or the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan regions; and

　　5. disputes that laws or administrative regulations of the People's Republic of China specially require or specially authorize the Arbitration Commission to take cognizance of.

　　6. other disputes within China that the parties concerned agree shall go to the Arbitration Commission.

　　The Arbitration Commission shall not accept the following types of disputes:

　　1. matrimonial, adoption, guardianship, alimony or inheritance disputes;

　　2. administrative disputes that should in accordance with the law be handled by the administrative authorities; and

　　3. labour disputes, and disputes over agricultural contracts within agricultural collective economic organizations.

　　Article 3　The Arbitration Commission shall accept a case on the basis of an arbitration agreement on the referral of the dispute to the Arbitration Commission for arbitration reached between the parties concerned before or after the dispute arises, and on the basis of a written application of any one party.

　　An arbitration agreement shall refer to the arbitration clause specified in a contract by the parties concerned, or a written agreement on arbitration reached in other forms.

　　Article 4　The Arbitration Commission shall have the right to decide on the existence or validity of an arbitration agreement and the jurisdiction over an arbitration case. Where the parties concerned have any objections against the validity of an arbitration agreement and if one party petitions the Arbitration Commission to make a decision while the other party petitions a People's Court to make a award, then a award shall be made by the People's Court.

　　Article 5　The arbitration clauses of a contract shall be deemed as separate and independent of other clauses in the same contract. An arbitration agreement attached to a cont

ract shall also be deemed as a separate and independent part from other clauses in the contract. The validity of arbitration clauses or an arbitration agreement shall not be affected by the alteration, rescission, termination, nullification, invalidity or existence of the contract.

　　Article 6　Defence against an arbitration agreement and/or the jurisdiction over an arbitration case shall be raised before the opening of the first session of an arbitration tribunal. Defence against the jurisdiction over a case to be examined in writing shall be raised before the first actual response is made.

　　Defence raised against an arbitration agreement and/or the jurisdiction over an arbitration case shall not affect the hearing of the case in accordance with the arbitration procedure.

　　Article 7　Once the parties agree to submit their dispute to the Arbitration Commission for arbitration, it shall be deemed that they have agreed to conduct the arbitration under these Arbitration Rules. In case the parties have agreed otherwise and the Arbitration Commission agrees thereto, the parties' agreement shall prevail.

　　Section Two: Organization

　　Article 8　The Arbitration Commission shall have an honorary chairman and a number of advisors.

　　Article 9　The Arbitration Commission shall be composed of a chairman, a number of vice-chairmen and a number of members. The chairman shall perform the duties endowed by these Arbitration Rules and the vice-chairmen may perform the duties of the chairman if they are so entrusted by the chairman.

　　The Arbitration Commission shall have a secretarial bureau to handle the routine affairs of the commission under the leadership of the secretary-general of the commission.e

　　Article 10　The Arbitration Commission shall maintain a panel of arbitrators who shall be appointed by the Arbitration Commission from among Chinese and foreigners with expertise and practical experience in law, economic relations, trade, science, technology and other sectors.

　　Article 11　The Arbitration Commission shall be headquartered in Beijing with a sub-commission set up in Shenzhen and in Shanghai. The sub-commissions shall be integral parts of the Arbitration Commission.

　　Each of the sub-commissions of the Arbitration Commission shall have a secretarial office to handle the routine affairs of the sub-commissions under the leadership of the secretary-general of the sub-commissions.

　　These Arbitration Rules shall apply to the Arbitration Commission and its sub-commissions alike. When arbitration is proceeded at a sub-commission, the duties prescribed to be performed by the chairman of the Arbitration Commission and the secretary-general or the secretarial bureau of the Arbitration Commission respectively shall be performed by the vice-chairman authorized by the chairman of the Arbitration Commission and the secretary-general or the secretarial office of the sub-commission respectively, except where Article 30 of these Rules applies.

　　Article 12　The parties concerned may reach an agreement to have their dispute arbitrated by the Arbitration Commission in Beijing or by the sub-commissions of the Arbitration Commission in Shenzhen or Shanghai. In the absence of such an agreement, the claimant shall decide to choose the place where the dispute shall be arbitrated, in Beijing, Shenzhen or Shanghai. The first choice of the place shall be final. Should any dispute arise in regard to the place of arbitration, the Arbitration Commission shall make a decision.

　　PART TWO　ARBITRATION PROCEEDINGS

　　Section One: Arbitration Application, Defence and Counterclaim

　　Article 13　Arbitration proceedings shall start from the date of the issue of an arbitration notice by the Arbitration Commission or its sub-commissions.

　　Article 14　In applying for arbitration, the claimant shall:

　　1. submit an application which shall s

pecify:

　　(1) the names and addresses (postal code, telephone numbers, telex numbers, facsimile numbers or cable code, if any) of the claimant and the respondent(s);

　　(2) the arbitration agreement on which the claimant is based;

　　(3) the situation of the case and the major points in the dispute; and

　　(4) claims of the claimant as well as the facts and evidence on which the claims are based.

　　The application for arbitration shall be affixed with the signature and/or seal of the claimant and/or the attorney authorized by the claimant.

　　2. attach to the arbitration application the documents substantiating the facts on which the claims of the claimant are based; and

　　3. pay the arbitration fee in advance to the Arbitration Commission according to the arbitration fee charging table formulated by the Arbitration Commission.

　　Article 15　After the arbitration application of the claimant and the documents attached are received, the Arbitration Commission shall examine them and where it deems that the procedures are not complete, it may ask the claimant to complete the procedures, and where it deems that the procedures are complete, it shall issue immediately an arbitration notice to the respondent(s), along with a copy of the arbitration application of the claimant, the documents attached, the Arbitration Rules, a list of the panel of arbitrators and the arbitration fee charging table. It shall also issue an arbitration notice, along with a copy of the Arbitration Rules, a list of the panel of arbitrators and the arbitration fee charging table to the claimant.

　　After the issuance of an arbitration notice to the claimant and the respondent(s), the Arbitration Commission shall assign a member of the secretarial bureau to be in ch

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