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

rbitration tribunal may, if it deems it necessary, investigate the facts and collect evidence on its own initiative.

　　In investigating facts or collecting evidence, where the arbitration tribunal considers it is necessary to notify the parties concerned to be present, it shall do so in a timely

manner. Where a party or two parties concerned is (are) not present, the action of the arbitration tribunal to carry out investigations or collect evidence shall not be affected by them.

　　Article 39　The arbitration tribunal shall consult experts about some technical issues involved in a case or appoint appraisers to appraise such issues. Such experts or appraisers may be Chinese or foreign organizations or citizens.

　　The arbitration tribunal shall have the right to request the parties concerned and such parties shall have the obligations to provide or produce to experts/appraisers any related information, documents, property or goods for browsing, inspection and/or appraisal by experts and/or appraisers.

　　Article 40　Copies of the expert report and appraisal report shall be sent to the two parties concerned so that the two parties are given the opportunity to express their comments on the reports. Where any party requests the expert/appraiser to be present at the hearing, such expert/appraiser may be present upon the approval of the arbitration tribunal, and shall give explanations of their reports when the tribunal deems the circumstances necessary and appropriate.

　　Article 41　The arbitration tribunal shall examine the evidence provided by the parties concerned and decide upon whether or not to adopt the expert report and appraisal report.

　　Article 42　If a party concerned fails to be present at the hearing, the arbitration tribunal shall proceed with the hearing and make an award by default.

　　Article 43　During hearing, the arbitration tribunal may take minutes and/or make tape-recordings. The arbitration tribunal may, if it deems it necessary, make summary of the hearing and order the parties and/or their attorneys or witnesses and/or other persons involved to sign or seal on the summary of the hearing.

　　Minutes and tape-recordings of the hearing shall be for the arbitration tribunal's reference only.

　　Article 44　If the two parties concerned reach a settlement by themselves outside the arbitration tribunal on an arbitration case, they may ask the arbitration tribunal to make an award and close the case according to the agreement reached, or may ask for dismissing the case.

　　Where the application for dismissal of the case is filed before the arbitration tribunal is formed, the secretary-general of the Arbitration Commission shall make a decision. Where the application for dismissal of the case is filed after the arbitration tribunal is formed, the arbitration tribunal shall make a decision.

　　When the party concerned refers a dismissed case to the Arbitration Commission for arbitration again, the chairman of the Arbitration Commission shall make a decision on whether or not to accept the case.

　　If the parties concerned reach a settlement through mediation outside the Arbitration Commission they may on the basis of the arbitration agreement reached through the Arbitration Commission and the other settlement ask the Arbitration Commission to designate an independent arbitrator to make a decision in accordance with the contents of the settlement.

　　Article 45　If the two parties concerned wish to reach mediation or one party concerned wishes to reach mediation and the consent of the other party is obtained through the arbitration tribunal, the arbitration tribunal may conduct mediation of the case being heard during the process of the arbitration proceedings.

　　Article 46　The arbitration tribunal may conduct mediation by the way it deems appropriate.

　　Article 47　During the process of mediation in an arbitration tribunal, when a party concerned requests the termination of mediation or when the arbitration tribunal deems that it is impossible to reach mediation, the mediation shall be terminated.

　　Article 48　Where the two parties concerned reach reconciliation outside the arbitration tribunal during the

process of mediation, the reconciliation shall be regarded as having been reached as a result of the mediation by the arbitration tribunal.

　　Article 49　Where reconciliation is reached as a result of the mediation by the arbitration tribunal, the parties concerned shall sign a written reconciliation agreement. The arbitration tribunal shall pass an award and close the case in accordance with the contents of the reconciliation agreement reached by the two parties, except otherwise agreed upon by the parties concerned.

　　Article 50　Should mediation fail, any party may not, in the subsequent arbitration, judicial or other proceedings, quote any statements, opinions, view-points or suggestions that have been expressed, raised, proposed, admitted, accepted or denied by the other party or the arbitration tribunal during the arbitration proceedings, as the basis for claims, defences and/or counterclaims.

　　Article 51　Where a party concerned knows or shall have known that these Arbitration Rules or any clauses or details of an arbitration agreement have not been observed by the other party, but still participates in the arbitration proceedings or continues with the arbitration proceedings without raising any objections in writing timely and explicitly against the non-observance, he shall be regarded as having waived the right to raise his objections.

　　Section Four: Award

　　Article 52　The arbitration tribunal shall render an arbitration award within nine months from the date of its formation. At the request of the tribunal, the period may be extended where the Arbitration Commission's secretary-general deems it really necessary and there are really justifiable reasons.

　　Article 53　The arbitration tribunal shall make a award independently and fairly according to facts and the provisions of laws and contracts as well as in reference to international practices and in observance of the principles of fairness and reasonableness.

　　Article 54　With respect to a case heard by an arbitration tribunal of three arbitrators, an arbitration award shall be made on the basis of the opinions of all or the majority of the arbitrators. The opinions of the minority of arbitrators may be attached as a record.

　　When an arbitration tribunal fails to make an award by the majority, an arbitration award shall be made on the basis of the opinions of the chief arbitrator.

　　Article 55　An arbitration award rendered by the arbitration tribunal shall clearly state the arbitration claim, facts of disputes, reasons on which the award is based, result of the award, payment of the arbitration fee as well as the date and place of making the award. Where the parties concerned do not wish to clearly state the facts of disputes and reasons on which the award is based following an agreement, or where an award is made in accordance with the contents of a conciliation agreement reached between the two parties, the facts of disputes and reasons on which the award is based may not have to be stated.

　　Article 56　Unless the arbitral award is made in accordance with the opinion of the chief arbitrator or the sole arbitrator, the arbitral award shall be signed by all the arbitrators or the majority arbitrators sitting on the arbitration tribunal. An arbitrator who has a dissenting opinion may sign or not sign his name on the arbitration award.

　　The arbitrator shall submit his draft arbitral award to the Arbitration Commission before signing the award. The Arbitration Commission may remind the arbitrator of any issue related to the form of the arbitration award on condition that the arbitrator's independence of decision is not affected.

　　The Arbitration Commission's official seal shall be affixed to the arbitration award.

　　The date on which the arbitral award is made is the date on which the arbitration award comes into legal effect.

　　Article 57　The arbitration tr

ibunal may, if it deems it necessary or the parties concerned so request with the approval of the arbitration tribunal, make an interlocutory or partial award on any issue involved in a case at any time during the arbitration process before making the final award. Failure of any party to perform the interlocutory award shall not affect the continuation of the arbitration proceedings or the making of the final award by the arbitration tribunal.

　　Article 58　The arbitration tribunal shall have the right to decide in an arbitration award on the final arbitration fees and other expenses the two parties shall pay to the Arbitration Commission.

　　Article 59　The arbitration tribunal shall have the right to decide in an arbitration award on payment of part of the justifiable expenses by the losing party as a compensation to the winning party for handling the case. However, the amount of compensation shall not exceed ten percent of the amount involved in the case won by the winning party.

　　Article 60　The arbitration award shall be final and binding to both parties. No party may bring a suit before a law court or make a request to any other organization for altering the arbitration award.

　　Article 61　Any party concerned may apply in writing to the arbitration tribunal for correcting any errors in writing, topography or computation or other errors of a similar nature contained in an arbitration award within 30 days from the date of receipt of the arbitration award. If there are indeed error

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