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

arge of the procedural administration of the arbitration case.

　　Article 16　The claimant and the respondent(s) shall each select an arbitrator from the list of the panel of arbitrators, or entrust the appointment to the chairman of the Arbitration Commission within 20 days from the date of receipt of the arbitration notice.

　　Article 17　The respondent(s) shall, within 45 days from the date of receipt of the arbitration notice, submit to the secretarial bureau of the Arbitration Commission a letter of defence and relevant supporting documents.

　　Article 18　The respondent(s) shall file a counterclaim in writing, if any, with the Arbitration Commission within 60 days at the latest from the date of receipt of the arbitration notice. Such time limit may be extended appropriately where the arbitration tribunal deems that there is a proper reason.

　　In filing a counterclaim, the respondent(s) shall specify in writing the specific counterclaim, the reasons of the counterclaim as well as the facts and evidence on which the counterclaim is based, together with the relevant documents on the evidence.

　　In filing a counterclaim, the respondent(s) shall pay the prescribed amount of arbitration fee in advance according to the arbitration fee charging table.

　　Article 19　A claimant may revise his claims and a respondent may also revise his counterclaims. However, the arbitration tribunal may refuse such revision requests if it deems the revisions in question are so late that they affect the normal progress of the arbitration proceedings.

　　Article 20　In submitting an arbitration application, a letter of defence, a counterclaim letter, relevant documentary evidence and other documents, the parties concerned shall prepare five copies. If there are more than two concerned parties, the number of copies submitted shall be increased accordingly. If the arbitration tribunal has only one arbitrator, the number of copies submitted may be decreased by two.

　　Article 21　Failure to provide a letter of defence in writing by a respondent and/or failure to provide a letter of defence in writing agains

t the counterclaims of the respondent by a claimant shall not affect the progress of the arbitration proceedings.

　　Article 22　The parties concerned may authorize arbitration attorneys to handle affairs concerning arbitration. Authorized arbitration attorneys shall present the power of attorney to the Arbitration Commission.

　　Both Chinese citizens and foreign citizens may be authorized to act as arbitration attorneys.

　　Article 23　When a party applies for property preservative measures, the Arbitration Commission shall transmit the party's application for a ruling to the people's court of the place where the domicile of the party against whom the property preservative measures are sought is located or of the place where the property of the said party is located.

　　When a party applies for taking interim measures of protection of evidence, the Arbitration Commission shall transmit the party's application for a ruling to the people's court of the place where the evidence is located.

　　Section Two: Composition of an Arbitration Tribunal

　　Article 24　The two parties shall each choose one arbitrator from the list of the panel of arbitrators of the Arbitration Commission or entrust the appointment to the chairman of the Arbitration Commission. A third arbitrator shall be chosen jointly by the two parties or appointed by the chairman of the Arbitration Commission with joint entrustment by the two parties.

　　If the two parties fail to jointly choose a third arbitrator or fail to jointly entrust the chairman of the Arbitration Commission to appoint a third arbitrator within 20 days from the date of receipt of an arbitration notice by the respondent, the third arbitrator shall be appointed by the chairman of the Arbitration Commission. The third arbitrator shall act as the chief arbitrator.

　　The chief arbitrator and the other two chosen or appointed arbitrators shall form an arbitration tribunal for jointly hearing the case.

　　Article 25　The two parties concerned may jointly choose an arbitrator from the list of the panel of arbitrators of the Arbitration Commission or jointly entrust the chairman of the Arbitration Commission to appoint an arbitrator as the sole arbitrator to form an arbitration tribunal to hear the case alone.

　　If the two parties agree on the joint appointment of a sole arbitrator to hear their case alone, but fail to agree unanimously on the choice of such arbitrator within 20 days from the date of receipt of the arbitration notice by the respondent, the chairman of the Arbitration Commission shall appoint such arbitrator.

　　Article 26　Where a claimant or respondent fails to choose an arbitrator or entrust the chairman of the Arbitration Commission to appoint an arbitrator according to the provisions of Article 16 of these Arbitration Rules, the chairman of the Arbitration Commission shall appoint an arbitrator.

　　Article 27　When there are two or more claimants and/or respondents in an arbitration case, the claimants and/or respondents shall each choose an arbitrator from the list of the panel of arbitrators of the Arbitration Commission through consultations between the claimants and/or respondents.

　　If the claimants fail to jointly choose an arbitrator when an arbitration application is filed, and/or the respondents fail to jointly choose an arbitrator within 20 days from the date of receipt of the arbitration notice by the last respondent, the chairman of the Arbitration Commission shall appoint an arbitrator for them.

　　Article 28　Where the chosen or appointed arbitrator has personal interests in a case, he shall disclose such interests to the Arbitration Commission by himself and ask for withdrawal.

　　Article 29　When a party concerned is doubtful with proper reasons about the justice and independence of an arbitrator appointed or chosen, the party may file a written application with the Arb

itration Commission, requiring the withdrawal of the arbitrator by stating the specific facts and reasons on which his application is based, and providing evidence.

　　The request for withdrawal of the arbitrator shall be raised before the first hearing. If the reasons for requiring withdrawal arise and are known after the first hearing, the request may be raised before the end of the last hearing.

　　Article 30　The chairman of the Arbitration Commission shall decide on whether the arbitrator in question shall be withdrawn or not.

　　The arbitrator whose withdrawal has been requested shall continue to perform his duties until the chairman of the Arbitration Commission has decided whether or not the arbitrator should be withdrawn.

　　Article 31　When an arbitrator is unable to perform his duties due to withdrawal, death, removal of his name or other reasons, a replacement arbitrator shall be chosen or appointed according to the original procedures for choosing or appointing such arbitrator.

　　After the replacement arbitrator is chosen or appointed, the arbitration tribunal shall decide whether or not the whole hearing or part of the hearing previously carried out shall need to be restarted.

　　Section Three: Hearing

　　Article 32　The arbitration tribunal shall hold oral hearing of cases in the public. However, where it considers hearing in the public is not necessary upon application or agreement by the two parties concerned, it may examine cases and pass an award on the basis of written documents only.

　　Article 33　The date of the first oral hearing of an arbitration case in the public shall be notified by the secretarial bureau of the Arbitration Commission to the two parties concerned 30 days before the date of hearing after it has been decided upon by the arbitration tribunal following consultations with the secretarial bureau. With justifiable reasons, a party concerned may request for postponement of the hearing, but such request shall be raised in writing with the secretarial bureau 12 days before the date of hearing. The decision on the postponement of a hearing shall be made by the arbitration tribunal.

　　Article 34　The notice for the date of hearings following the first hearing shall not be subject to the 30 day limit.

　　Article 35　In case the parties have agreed on the place of arbitration, the hearing of the case shall be conducted in the agreed place. Unless otherwise agreed by the parties, the cases taken cognizance of by the Arbitration Commission shall be heard in Beijing or, subject to the approval of the secretary-general of the Arbitration Commission, in other places. The cases taken cognizance of by a sub-commission of Arbitration Commission shall be heard in the place where the sub-commission is located or, subject to the approval of the secretary-general of the sub-commission, in other places.

　　Article 36　The arbitration tribunal shall hear cases in private sessions. If the parties concerned request the case be heard in open sessions, the arbitration tribunal shall decide on whether or not the case shall be heard in open sessions.

　　Article 37　For cases heard in private sessions, the parties concerned and their arbitration attorneys, witnesses, arbitrators, consulting experts of the tribunal, designated appraisers and related persons of the Arbitration Commission's secretarial bureau may not disclose to the public the real situation of the case and details of the proceedings.

　　Article 38　The parties concerned shall provide evidence for the facts on which their claims, defences and counterclaims are based. The a

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