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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

2009-03-24 法律英语 来源:互联网 作者:
s, the arbitration tribunal shall make the corrections in writing within 30 days from the date of receipt of the application. The arbitration tribunal may also make the corrections in writing on its own initiative within 30 days from the date of delivery of the arbitration award. Such corrections shall form a part of the arbitration award.

  Article 62 If any matter is found to have been left out in an arbitration award, any party may request in writing the arbitration tribunal to make a supplementary award on the matter left out in the arbitration award within 30 days from the date of receipt of the arbitration award.

  If any matter has been proved to have been left out in the arbitration award, the arbitration tribunal shall make a supplementary award within 30 days from the date of receipt of the request. The arbitration tribunal may also make a supplementary award on its own initiative within 30 days from the date of delivery of the arbitration award. The supplementary award shall form a part of the original arbitration award.

  Article 63 The parties concerned shall automatically perform the award within the time limit specified in the arbitration award. Where no time limit is specified in the arbitration award, the parties shall perform the award immediately.

  Where one party fails to perform the award, the other party may, pursuant to the Chinese law, apply to a Chinese court for enforcement of the award or apply to a foreign court that has the jurisdiction for enforcement of the award according to the 1958 Recognition and Enforcement of Foreign Arbitration Awards Convention or other international treaty(ies) that China has concluded or acceded to.

  PART THREE SUMMARY PROCEEDINGS

  Article 64 Unless otherwise agreed upon by the parties concerned, these summary proceedings shall apply to disputes involving less than Rmb 500,000 or disputes involving more than Rmb 500,000 in respect of which an written application has been filed by one party and a written consent of the other party obtained.

  Article 65 Where an applicant files an application for arbitration with the Arbitration Commission and such application is acceptable and applicable to summary proceedings upon examination, the secretarial bureau of the Arbitration Commission shall immediately issue a notice of arbitration to the parties concerned.

  Unless the parties concerned have already

jointly selected a sole arbitrator from the panel of arbitrators of the Arbitration Commission, they shall, within 15 days from the date of receipt of the arbitration notice, jointly select a sole arbitrator or jointly entrust the chairman of the Arbitration Commission to appoint a sole arbitrator from the panel of arbitrators of the Arbitration Commission. Where the two parties concerned fail to make the joint selection or joint appointment entrustment within the time limit, the chairman of the Arbitration Commission shall immediately appoint a sole arbitrator to form an arbitration tribunal to hear the case.

  Article 66 The respondent shall submit, within 30 days from the date of receipt of the arbitration notice, his letter of defence and relevant supporting documents to the Arbitration Commission. If there is any counterclaim, a letter of counterclaim shall also be submitted together with relevant supporting documents within the period.

  Article 67 The arbitration tribunal shall hear a case by the way it deems appropriate. It may determine whether to hear the case on the basis of the written materials and evidence submitted by the parties concerned, or to hold oral hearings.

  Article 68 The parties concerned shall submit to the arbitration tribunal written materials and evidence needed in arbitration according to the requirements and time limit set by the arbitration tribunal.

  Article 69 In holding oral hearing of a case, the secretarial bureau of the Arbitration Commission shall notify the parties concerned of the date of holding hearing 15 days ahead of the hearing after such date has been fixed by the Arbitration Commission.

  Article 70 If the arbitration tribunal decides to hold oral hearings, it shall hold one hearing only. It may decide to hold a second hearing where it is really necessary.

  Article 71 During the process of conducting summary proceedings, failure of any party to observe these summary proceedings shall not affect the progress of the proceedings or the power of the arbitration tribunal to make a final award.

  Article 72 The conduct of the summary proceedings shall not be affected by any amendment of the claim or by the lodging of a counterclaim, unless the disputed amount of the revised arbitration claim or counterclaim is in conflict with the provisions of Article 64.

  Article 73 For oral hearing of cases, the arbitration tribunal shall pass an arbitration award in writing within 30 days of the opening of the first or second hearing. For cases handled on the basis of written materials, the arbitration tribunal shall pass an arbitration award within 90 days of the formation of the tribunal. Where the secretary-general of Arbitration Commission deems it necessary and there are justifiable reasons, such time limits may be extended at the request of the arbitration tribunal.

  Article 74 Relevant stipulations of the other Parts of these Arbitration Rules shall apply to matters not stipulated in this Part.

  PART FOUR SPECIAL PROVISIONS GOVERNING ARBITRATION WITHIN CHINA

  Article 75 The provisions of this Part shall apply to arbitration cases within China concerning disputes referred to in Items 3, 4, 5 and 6 of Paragraph Two of Article 2 of these Rules.

  The summary proceedings stated in Part Three shall apply to arbitration cases within China as stipulated in Article 64 of these Rules.

  Article 76 When the Arbitration Commission receives a written application for arbitration that it believes is in accord with the stipulations of Article 14 of these Rules, it shall accept the case within five days and inform the parties concerned. It may also accept the case and inform the parties concerned immediately. If it believes that the case does not fulfil the criteria for acceptance, it shall inform the parties concerned of this in writing and explain the reasons.

  Article 77 When the Arbit

ration Commission receives a written application for arbitration that it believes is not in accord with the stipulations of Article 14 of these Rules, it may request the party concerned to supplement and correct the application within a stipulated time period. If the application is not corrected within the time period, the Commission may return the application.

  Article 78 When the claimant and respondent(s) select an arbitrator, or entrust the appointment to the chairman of the Arbitration Commission, in accordance with Articles 16, 24, 25 and 27 of these Rules, the stipulated time period in each of these Articles shall be 15 days.

  Article 79 The respondent(s) shall submit a letter of defence in writing and the relevant documentary evidence to the secretarial bureau of the Arbitration Commission within 30 days from the date of receipt of the arbitration notice.

  The respondent(s) shall file a counterclaim in writing, if any, with the Arbitration Commission within 45 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.

  Article 80 The secretarial bureau of the Arbitration Commission shall inform the two parties concerned 15 days before the date of an oral hearing of a case in the public. The arbitration tribunal may bring the hearing forward with the agreement of the two parties concerned. With justifiable reasons, a party concerned may request for postponement of the hearing, but such request shall be raised in writing with the arbitration tribunal seven days before the date of hearing. The arbitration tribunal shall decide whether or not to grant the postponement.

  The notice for the date of hearings following the first hearing shall not be subject to the 15 day limit stipulated above.

  Article 81 When a case is heard orally in the public, evidence shall be disclosed at the time of the hearing and submitted within the time period stipulated by the arbitration tribunal.

  Article 82 The arbitration tribunal shall take minutes of the hearing. If one of the parties concerned or other person taking part in the arbitration believes that the minutes of his own statement is incomplete or incorrect, he may request that the minutes be corrected. If the tribunal does not grant such a correction, it shall record the request for correction.

  The minutes shall be signed or sealed by the arbitrator, the recorder, the parties concerned and other persons taking part in the arbitration.

  Article 83 The arbitration tribunal shall render an arbitration award within six months 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 84 Relevant stipulations of the other Parts of these Arbitration Rules shall apply to matters not stipulated in this Part.

  PART FIVE SUPPLEMENTARY

  Article 85 The Chinese language shall be the official language of the Arbitration Commission. Where the parties concerned have an agreement on a language to be used, such agreement shall be followed.

  During hearing in the arbitration tribunal, where the parties concerned or their attorneys or witn

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