In China, there are four ways of settling commercial disputes: consultation, mediation, arbitration and legal action.

I. Arbitration

Arbitration is commonly adopted way for settling international commercial disputes and so is it in China. It enjoys the advantages of summary procedures, quick handling less cost. It can settle disputes independently, fairly and rapidly. Parties concerned enjoy full rights. It also features flexibility, confidentiality, finalization and easy performance. That is why it is adopted by more and more parties concerned.

China has always advocated and encouraged settlement of international commercial disputes by arbitration. As early as in 1956, the Chinese Government set up an arbitration body whose sole purpose was to settle international commercial disputes. Rapid progress has been made in arbitration of international commercial disputes over the past 50 years. Now, China ranks first in terms of the number of cases handled by Chinese arbitration organizations. The fairness upheld has won universal approval at home and abroad. Parties concerned in dispute cases have come from more than 40 countries and regions. In fact, China has become a world center for handling international commercial disputes.

Ⅰ. Foreign-related arbitration organizations in China

There are two foreign-related arbitration organizations in China, which are, the China International Economic and Trade Arbitration Commission (CIETAC) and the China Maritime Arbitration Commission (CMAC). The former handles disputes arising from international economic and trade activities and the latter, disputes arising from maritime affairs.

CIETAC is headquartered in Beijing. It has two sub-commissions in Shenzhen and Shanghai and offices in Changsha, Hebei, Dalian, Fuzhou, Chongqing, Jilin, Jiangsu, Zhejiang, Hubei, Shandong, Xinjiang, Henan, Tianjin and Chengdu.

The CIETAC and its sub-commissions accept cases according to the arbitration rules and use the unified arbitration rules and list of arbitrators. Its offices are responsible for offering consulting services, assisting in the arrangement of arbitration court, engaging in arbitration publicity and promotion of arbitration agreements, collecting information about arbitration, carrying out investigation and study and handling other matters commissioned by CIETAC.

 

China International Economic and Trade Arbitration Commission (CIETAC)

Address: 6^th Floor, Gaolan Mansion, 32 Liangmaqiao Road, Chaoyang District, Beijing

Postal code：100016

Tel.：(86-10) 64646688

Fax：(86-10) 64643500,64643520

E-mail：CIETAC@public.bta.net.cn

Website：http://www.cietac.org

CIETAC Shanghai Sub-Commission

Address：7^th floor, Building 2, 28 Jingling Road (W), Shanghai

Postal Code：200021

Tel.：（86-021）63877878 63878686

Fax：（86-021）63877070

E-mail：cietac@sh.col.com.cn

Website：http://www.cietac-sh.org

CIETAC South China Sub-Commission

Address：19^th Floor, BOC Manion, Caitian Road, Futian District, Shenzhen City

Postal Code：518026

Tel.：（86-0775）83501700

Fax：（86-0775）82468591

E-mail：info@sccietac.org

Website：http://www.sccietac.org

CIETAC Changsha Office

Contact：Fu Nanlin

Address：1^st Floor, Foreign Trade Building, 98 Wuyi Road (E), Changsha City 

Tel.：0731-2296514

Postal Code：410001

CIETAC Hebei Office

Contact：Li Chao

Address：2^nd Floor, Commercial Hall Building No. 334, Heping Road (W), Shijiazhuang City

Tel.：0311-7832953

Postal Code：050071

E-mail: cietacheb@tom.com

CIETAC Dalian Office

Contact：Ma Xueqing

Address：Room 1007, 10^th Floor, Wanda Mansion, 18 Hongda Road, Zhongshan District, Dalian City

Tel.：0411-82654418

Fax：0411- 82806905

Postal Code：116001

E-mail: yy@ccpitdl.org

CIETAC Fuzhou Office

Contact：Yang Xinjie

Address：21^st Floor, Pindong Office Tower, 128 Hualin Road, Fuzhou City, Fujian Province

Tel.：0591-87818190\0591-87758182

Fax：0591-87842827

Postal Code：350003

CIETAC Chongqing Office

Contact：Zou Hang

Address：19^th Floor, International Chamber of Commerce Building, 78 Yanghe Yicun, Jiangbei District, Chongqing City

Tel.：023-67755808

Fax：023-67731702

Postal Code：400020

Beijing Liaison Office

Address: 4^th floor, Hualongjie Mid-Section, Nanheyan, Dongcheng District, Beijing

Contact：Bai Liang

Tel.：010-65250622

Fax：010-65250622

Postal Code：100006

E-mail: bailiang@ccpitbj.org 

CIETAC Jilin Office

Contact：Chen Zhengwei

Address：XX, Beijing St., Jinli, Jilin Province

Tel.：0432-2089200

Fax：0432-2082600

Postal Code：132084

E-mail: kenty-cao@163.com

CIETAC Jiangsu  Office

Contact：Yu Weining

Address：Building 8, 50 Zhonghua Road, Nanjing, Jiangsu Province

Tel.：025-52254218/52856808

Fax：025-52245267

Postal Code：210000

E-mail: ccoicjcc@jlonline.com

CIETAC Zhejiang Office

Contact: Wu Zhaoping

Address: 18, Jiaochang Road, Hangzhou, Zhejiang Province

Tel.：0571-87706108

Fax：0571-87706198

Postal Code：310006

CIETAC Hubei Office

Contact：Lu Kunxiang

Address：15^th Floor, Jinmao Mansion, 8 Jianghan Road (N), Wuhan City, Hubei Province

Tel.：027-85750913/85796170

Fax：027-85775174

Postal Code：430022

CIETAC Shandong Office

Contact：Gao Jing

Address：158 Jingsi Road, Jinan City, Shandong Province

Tel.：0531-6168389

Fax：0531-6168370

Postal Code：250001

E-mail: sd.law@ccpit.org

CIETAC Xinjiang Office

Contact：Pu Lei

Address：11 Tuanjie Rd. Urumqi, Xinjiang Uygur Autonomous Region

Tel.：0991-2866771

Postal Code：830001

CIETAC Henan Office

Contact：Wu Yongxin

Address：Building No.2, 115 Wenhua Road, Zhengzhou City, Henan Province
Tel.：0371-3576404

Postal Code：450002

CIETAC Tianjin Office

Contact：Wu Fengling

Address：Room 201, International Trade Building, 85, Qufu Road, Heping District, Tianjin

Tel.：022-23317860/23022835

Postal Code：300042

CIETAC Chengdu Office

Contact：Dai Shaoquan

Address：14^th Floor, Shaocheng Building, Shaocheng Road, Shudu Dadao, Chengdu City

Tel.：028-86260418

Postal Code：610015

Electronics Information Center

Contact：Mei Min

Address：2^nd Floor, Electronics Building, Wanshou Road, Beijing
Tel.：010-68207154

Fax：010-68200638

Postal Code：100846

E-mail: meimin123@263.net

CIETAC Shaanxi Office

Contact：Zhang Yuming

Address：Xin Cheng House, Xi’an, Shaanxi Province

Tel.：029-87280794

Fax：029-87280794

Postal Code：710006

CIETAC Heilongjiang Office

Address：Harbin Institute of Technology, 13, Fayuan Road, Nangang District, Harbin, Heilongjiang Province

Tel.：0451－86402007

Fax：0451－87280794

Postal Code：150001

 

 

China Maritime Arbitration Commission (CMAC) settles by arbitration disputes arising from maritime affairs, maritime commerce and logistics and other contracting or non-contracting disputes in order to protect the lawful rights and interests of parties concerned and promote the development of international and domestic trade and logistics.

CMAC is headquartered in Beijing and has a sub-Commission in Shanghai and offices in Dalian, Guangzhou, Tianjin and Ningbo. CMAC handles arbitration cases according to the arbitration rules while its offices offer consulting services, assist in the arrangement of arbitration court, make publicity of arbitration and promotion of arbitration agreement as well as collect information about arbitration, carry out investigations and handle other matters designated or entrusted by CMAC.

 

China Maritime Arbitration Commission (CMAC)

Address：6^th floor, Gaolan Mansion, 32, Liangmaqiao Road, Chaoyang District, Beijing

Postal Code：100016

Tel.：(86-10)64646688

Fax：(86-10)64643500,64643520

E-mail：cmac@cmac.org.cn

Website：http://www.CMAC.org.cn

CMAC Shanghai Sub-Commission

Address：Rooms 1301, 1314, 13^th floor, Tangchen Jinrong Mansion, 710 Dongfang Road, Pudong, Shanghai

Postal Code：200122

Tel.：021-58200329 50810729

Fax：021-50810965

CMAC Dalian Office

Address：R. 1007, 10^th floor, Wanda Mansion,Hongda Rd. Zhongshan District, Dalian City

Postal Code：116001

Tel.：0411-2654418

Fax：0411-2654438

CMAC Guangzhou Office

Address： R. 930, 4^th floor, Zhongyang Hotel Office Tower, 33 Airport Rd. Sanyuanli, Guangzhou

Postal Code：510405

Tel.：020-86578331-1930

Fax：020-86581343

CMAC Tianjin Office

Address：R. 205, International Trade Building, 85, Heping District, Tianjin

Postal Code：300042

Tel.：86-22 23301340/23022385

Fax：86-22 23301340

CMAC NingboOffice

Address：12^th Floor, Tianning Building, 138, Zhongshan Rd. (W), Ningbo City

Postal Code：315000

Tel.：86-574 87368209

Fax：86-574 87368100

Ⅱ. Cases to be accepted

Commercial cases to be accepted

The Arbitration Commission shall settle disputes of contractual or non-contractual economic trade in an impartial and fair manner through arbitration.

According to the provisions of Article 3 of the Arbitration Rules of the CIETAC, the Arbitration Commission shall accept disputes as follows:

a. International or foreign-related disputes;

b.Disputes involving Hong Kong and Macao special administrative regions or Taiwan Province;

c. Domestic disputes.

According to the provisions of Article 2 of the Financial Disputes Arbitration Rules of the CIETAC, the Arbitration Commission shall accept disputes arising from financial business or other disputes concerned, including but not limited to businesses as follows:

a.Loans;

b.Deposit receipts;

c.Security;

d.Letters of credit;

e.Bills;

f.Funds of business and trusteeship;

g.Bonds;

h.Collection and foreign exchange remittance;

i.Factoring;

j.Payment agreement between    banks;

k.Securities and futures.

 

Maritime arbitration cases to be accepted

a.Disputes arising from charter party, contract of multi-model transport, bill of lading, waybill or any other transport documents in connection with carriage of goods by sea or waters, or carriage of passengers;

b.Disputes arising from sale, construction, repair, chartering, financing, towage, collision, salvage or raising of ships or other offshore mobile units, or from sale, construction, chartering, financing and other relative business of containers;

c.Disputes arising from marine insurance, general average or ship's protection and indemnity;

d.Disputes arising from supply or security of ship's stores or fuel, ship's agency, seamen's labor service or port's handling;

e.Disputes arising from exploitation and utilization of marine resources or pollution damage to marine environment;

f.Disputes arising from freight forwarding, non-vessel operating common carriage, transport by highway, railway or airway, transport, consolidation and devanning of containers, express delivery, storing, processing, distributing, warehouse distributing, logistics information management, or from construction, sale and leasing of tools of transport, tools of carrying and handling, storage facilities, or from logistics center and distribution center, logistics project planning and consulting, insurance related to logistics, tort or others related to logistics;

g.Disputes arising from fishery production or fishing; and

h.Other disputes submitted for arbitration by agreement between parties.

Ⅲ. Model arbitration clauses

When applying for arbitration, the claimant must submit an arbitration agreement, which may be arbitration clauses incorporated in the contract or any agreement reached for arbitration before or after the disputes. According to China’s laws, a valid arbitration agreement must be accompanied by expressed claim of arbitration, a selected arbitration committee, and agreed items in arbitration (which may be settled through arbitration). The agreement must be in written form. Parties concerned must have the capacity of signing the arbitration agreement, which is legal in contents and form.

The China International Economic and Trade Arbitration Commission (China Maritime Arbitration Commission) recommend the following model arbitration clause:

"Any dispute arising out of or in connection with this contract shall be submitted to the China International Economic and Trade Arbitration Commission (China Maritime Arbitration Commission) for arbitration in accordance with the existing rules of the Commission. The arbitration award shall be final and binding upon the parties."

To the above arbitration clause, parties concerned may add the following items, or make supplementary agreements in written forms after arbitration clauses/agreements are reached and before disputes are submitted for arbitration or arbitration procedures begin:

a. Place of Arbitration and/or place of court;

b. Arbitration language to be used;

c. Number of arbitrators required;

d. Nationalities of arbitrators;

e. Law to be applied;

f.Ordinary procedures or simplified procedures to be applied.

Ⅳ.  Guide to CIETAC arbitration procedures

1.Application procedure

When applying for arbitration, the claimant must submit to Secretariat of the Arbitration Commission or Secretariats of the Sub-commissions an arbitration agreement and an application for arbitration in writing, and the facts and evidence on which his claim is based, and the claimant shall pay an arbitration fee in advance to the Arbitration Commission according to the Arbitration Fee Schedule of the Arbitration Commission.

(1)The Application for Arbitration

 The following shall be specified in the Application for Arbitration:

a. the name and address of the claimant and those of the respondent, including the zip code, telephone number, telex number, fax number and cable number or any other means of electronic telecommunications, if any;

b. the Arbitration agreement relied upon by the claimant;

c. the facts of the main points of dispute;

d.. the claimant's claim; and

e. the facts and grounds on which the claim is based;

f. The Application for Arbitration shall be signed and/or stamped by the claimant and/or the attorney authorized by the claimant.

The copies of arbitration application and evidence materials should the sum total of the number of people of the applicant side, arbitration court and secretariat.

After applying for arbitration, the claimant may request to amend his arbitration claim; but the arbitration tribunal may refuse such a request for amendment if it considers that it is too late to raise the request and the amendment may affect the arbitration proceedings.

(2) Defense and Counterclaim

At the time of sending the Notice of Arbitration to the respondent, the Secretariat(s) of the Arbitration Commission shall enclose one copy each of the claimant's application for arbitration and its attachment as well as the Arbitration Rules, the Panel of Arbitrators and the Arbitration Fee Schedule of the Arbitration Commission.

In foreign arbitration, the respondent shall, within 45 days from the date of receipt of the Notice of Arbitration, submit to the Secretariat(s) of the Arbitration Commission his written defense and relevant documents to be entered into evidence. In domestic arbitration, the respondent shall, within 20 days from the date of receipt of the Notice of Arbitration, produce his written defense and relevant documentary evidence to the Secretariat(s) of the Arbitration Commission. The respondent may request to amend his defense. The respondent shall submit his defense within the time limit specified by the arbitration tribunal. The arbitration tribunal may extend that time limit appropriately if it deems that there are justified reasons. The arbitration tribunal has the power to decide whether to accept a Statement of Defense submitted after expiration of the aforementioned time limit. 

The respondent may lodge his counterclaim during the arbitration procedure, and the counterclaim must meet the following three requirements:

a. the counterclaim arises from the same contract relation or legal relation as that of the claims raised by the claimant;

b. the counterclaim is directed against the claimant;

c. the disputes involved in the counterclaim shall not be the same as the disputes involved in the arbitration claims.

The counterclaim shall, at the latest within 45 days (in foreign-related cases) or 20 days (in domestic cases or summary procedure cases) from the respondent's receipt of the Notice of Arbitration, be submitted to the Arbitration Commission. The arbitration tribunal may extend that time limit appropriately if it deems that there are justified reasons.

When lodging a counterclaim, the respondent shall lodge with the arbitration tribunal his counterclaim in writing, and state in it his specific claim, reasons for his claim and facts and evidence upon which his counterclaim is base and attach to his written statement of counterclaim the relevant documentary evidence. The written statement of counterclaim may be submitted together with his defense or alone. The written statement of counterclaim and the relevant documentary evidence shall be submitted in the same copies as the total number of the parties and arbitrators put together, so that all of the parties, arbitrators and the Secretariat(s) could get one copy each.

 When lodging his counterclaim, the respondent shall pay a deposit in advance as arbitration fee according to the Arbitration Fee Schedule of the Arbitration Commission.

The respondent may request to amend his counterclaim, but the arbitration tribunal may refuse such request for amendment if it considers that it is too late to raise the request and the request may affect the arbitration proceedings.

(3) Composition of Arbitration Tribunal

According to the Arbitration Rules of the Arbitration Commission, there are two types of arbitral tribunal:

a. Sole-Arbitrator Tribunal

Both parties may jointly appoint or jointly entrust the Chairman of the Arbitration Commission to appoint one sole-arbitrator from among the Panel of Arbitrators of the Arbitration Commission to form the tribunal for the case. Both parties have the power to recommend 1-3 persons as candidates of sole-arbitrator.

If both parties have agreed on the appointment of a sole arbitrator to examine and hear their case but failed to agree on the choice of such a sole arbitrator within 15 days from the date on which the respondent received the Notice of Arbitration, the Chairman of the Arbitration Commission shall make such appointment.

b. Three-Arbitrator Tribunal

Within fifteen 15 days from the date of receipt of the Notice of Arbitration, the claimant and the respondent shall each appoint one arbitrator or entrust the Chairman of the CIETAC to make such appointment. Where a party fails to appoint or to entrust the Chairman of the CIETAC to appoint an arbitrator within the specified time period, the arbitrator shall be appointed by the Chairman of the CIETAC. 

Within fifteen 15 days from the date of the respondent’s receipt of the Notice of Arbitration, the presiding arbitrator shall be jointly appointed by the parties or appointed by the Chairman of the CIETAC upon joint authorization given by the parties. 

The parties may each recommend one to three arbitrators as candidates for the presiding arbitrator and shall submit the list of recommended candidates to the CIETAC within the time period specified in paragraph 2. Where there is only one common candidate in the lists, such candidate shall be the presiding arbitrator jointly appointed by the parties. Where there is more than one common candidate listed, the Chairman of the CIETAC shall choose a presiding arbitrator from among the common candidates based on the specific nature and circumstances of the case, who shall act as the presiding arbitrator jointly appointed by the parties. Where there is no common candidate in the lists, the presiding arbitrator shall be appointed by the Chairman of the CIETAC from outside of the lists of recommended candidates. 

Where the parties have failed to jointly appoint the presiding arbitrator according to the above provisions, the presiding arbitrator shall be appointed by the Chairman of the CIETAC. 

The presiding arbitrator and the two appointed arbitrators shall jointly form an arbitration tribunal to examine and hear the case.

c. Multi-Party 

Where there are two or more claimants and/or two or more respondents in an arbitration case, the claimant side and/or the respondent side each shall, through consultation, jointly appoint or jointly entrust the Chairman of the CIETAC to appoint one arbitrator from the CIETAC Panel of Arbitrators. 

Where the claimant side and/or the respondent side fail to jointly appoint or jointly entrust the Chairman of the CIETAC to appoint one arbitrator within fifteen 15 days from the date of receipt of the Notice of Arbitration, the arbitrator shall be appointed by the Chairman of the CIETAC. 

The presiding arbitrator or the sole arbitrator shall be appointed in accordance with the procedure stipulated in the rules for Three-Arbitrator Tribunal. When appointing the presiding arbitrator or the sole arbitrator, the claimant side and the respondent side each shall, through consultation, submit a list of their jointly agreed candidates to the CIETAC. 

d. Procedures of withdrawal, replacement, and majority to continue arbitration 

If an arbitrator is related in the case or has some other relationship with the　case which　could　possibly　compromise the　impartiality　of　the arbitration, he shall disclose the information to the Arbitration Commission, and ask for withdrawal from the arbitration. The parties shall have the right　to　apply　for his withdrawal. In the event that an arbitrator is prevented de jure or de facto from fulfilling his/her functions, or he/she fails to fulfill his/her functions in accordance with the requirements of these Rules or within the time period specified in these Rules, the Chairman of the CIETAC shall have the power to decide whether the arbitrator shall be replaced. The arbitrator may also withdraw form his/her office. In the event that, after the conclusion of the last oral hearing, an arbitrator on a three-member arbitration tribunal is unable to participate in the deliberation and/or render the award owing to his/her demise or removal from the CIETAC Panel of Arbitrators, the other two arbitrators may request the Chairman of the CIETAC to replace the arbitrator pursuant to the Arbitration Rules. After consulting with the parties and upon the approval of the Chairman of the CIETAC, the other two arbitrators may continue the arbitration and make decisions, rulings or the award. The Secretariat of the CIETAC shall notify the parties of the above circumstances.

Arbitrators shall be independent and impartial, not representing interests of any party. The Arbitration Commission established Ethical Standards for Arbitrators to normalize the behavior of arbitrators during hearing of cases. Arbitrators shall hear cases based on facts and laws in addition to using fair, rational, and independent methods. Arbitrators shall perform arbitration procedures fairly, and independently and provide both parties with opportunities to fully state their opinions. Candidate arbitrators shall not act as the arbitrators of the case if they have discussed cases with one party or offered consulting opinions ahead of time. Arbitrators shall not accept gifts from any party involved in the case, and shall not meet in private with any party to discuss cases or accept materials. Arbitrators shall maintain strict confidentiality and never reveal any information about arbitration contents or proceedings and his/her own opinion to any one of the parties or outsiders. Arbitrators should diligently and prudently perform all the duties.

 

(4) Hearing of Cases

a. Conduct of Hearing

 Generally, oral hearings are conducted in the course of arbitration. However, the arbitration tribunal may examine the case and make an award on the basis of documents only at the request of the parties or with their consent, and with the arbitration tribunal's confirmation that oral hearings are unnecessary, or in case of Summary Procedure.

b. Date of Hearing

The date of oral hearing shall be fixed by the arbitration tribunal after consultation with the Secretariat of the Arbitration Commission, and shall be communicated to the parties 20 days (in foreign-related cases) or 15 days (in domestic cases) before the date of the hearing so that they may have sufficient time to make necessary arrangements. However, the notice of the date of hearing subsequent to the first hearing is not subject to the 20-day or 15-day time limit.

A party having justified reasons may communicate his request to the Secretariat of the Arbitration Commission for a postponement of the date of the hearing 10 days (in foreign-related cases) or 7 days (in domestic cases) before the date of the hearing. The arbitration tribunal shall decide whether or not to postpone the hearing.

c. Place of Hearing

Where the parties have agreed on the place of arbitration in writing, the agreement made by the parties shall prevail. Where the parties have not agreed on the place of arbitration, the place of arbitration shall be the office of the CIETAC or its Sub-Commission. The arbitration award shall be deemed as being made at the place of arbitration.

Where the parties have agreed on the place of oral hearings, the case shall be heard at that agreed place except for circumstances stipulated in Paragraph 3 of Article 69 of these Rules. Unless the parties agree otherwise, a case accepted by the CIETAC shall be heard in Beijing, or if the arbitration tribunal considers it necessary, at other places with the approval of the Secretary-General of the CIETAC. A case accepted by a Sub-Commission of the CIETAC shall be heard at the place where the Sub-Commission is located, or if the arbitration tribunal considers it necessary, at other places with the approval of the Secretary-General of the Sub-Commission.

d. Hearing by Default

The parties shall send their representative(s) or authorized agent(s) to attend the hearing. If the respondent fails to appear at an oral hearing without showing sufficient cause for such failure, the arbitration tribunal may proceed with the hearing and make an award by default. If the claimant fails to appear at an oral hearing without showing sufficient cause for such failure, the claimant may be deemed to have withdrawn the Request for Arbitration.

(5) Evidence

There are seven types of evidence: real evidence, written-documentary evidence, parties statements, witnesses testimony, photographs, video-audio tapes, expert's report, and investigation-reconnaissance records. All evidences cannot be invoked as the basis for making decision until they are proved to be true.

The claimant and the respondent shall produce evidence for the facts on which their claim, defense or counterclaims are based. The arbitration tribunal may undertake investigation and collect evidence on its own initiatives, if it deems it necessary. If the arbitration tribunal investigates and collects evidence on its own initiative, it shall timely inform the parties to be present on the spot if it deems it necessary. Should one party or both parties fail to appear on the spot, the investigation and collection of evidence shall by no means be affected.

The arbitration tribunal may consult an expert or appoint an appraiser for the clarification of special questions relating to the case. And the parties are obliged to submit or produce to the expert or appraiser any materials, documents, properties or goods related to the case for check-up, inspection or appraisal. The parties may engage experts to be present at the hearing to make witness on its own initiative.

The adoption of any evidence, including the evidence submitted by the parities and the expert's report and the appraiser's report shall be decided by the arbitration tribunal after examination. And the arbitration tribunal has the right to make decision on the relevance, importance and effectiveness of evidence.

(6) Protective measures

In order to ensure the smooth process of the arbitration procedures, the fair hearing of cases and effective performance of the award, parties concerned have the right to apply for the protection of property and evidence.

When a party applies for measures of protection of property and/or evidence, the party shall file a written application with the Arbitration Commission, which shall submit the party's application for a ruling to the intermediate court (for handling foreign cases) or grassroots people’s court (for handling domestic cases) in the place where the domicile of the party against whom the property protective measures are sought is located or in the place where the property of the said party is located. The Arbitration commission is only responsible for conveying the application of the party concerned and it is up to the people’s court to decide whether the protective measures are granted.

(7) Award

In the Ordinary Arbitration Procedures, the arbitration tribunal shall render an arbitration award within 6 months (in foreign-related cases) or 4 months (in domestic cases) from the date on which the arbitration tribunal is formed. In the Summary procedure, the arbitration tribunal shall make an award within 3 months from the date on which the arbitration tribunal is formed. At the request of the arbitration tribunal and with the approval of the Secretary-General of the Arbitration Commission, the time limit of rendering an arbitration award may be extended.

The arbitration award shall be decided by the majority of the arbitrators. Where the arbitration tribunal cannot reach a majority opinion, the award shall be rendered in accordance with the presiding arbitrator's opinion. The written opinion of other arbitrators shall be docketed into the file and may be attached to the award, but it shall not form a part of the award.

According to the CIETAC rules, the arbitration tribunal shall submit its draft award to the CIETAC for scrutiny before signing the award. The CIETAC may remind the arbitration tribunal of issues in the award on condition that the independence of the arbitration tribunal in rendering the award is not affected. Scrutiny of draft award of the CIETAC helps to guarantee award quality and enforcement of the award throughout various nations and regions.

The date for making the award is the date when the arbitration award takes effect.

The award is final, binding to both sides. No party is allowed to take legal action or request any other organization for altering arbitration award.

(8) Execution of award

The parties must automatically execute the arbitration award within the time period specified in the award. Where one party fails to execute the award, the other party may apply to a competent Chinese court for enforcement of the award pursuant to Chinese laws, or apply to a competent court for enforcement of the award according to the 1958 United Nations Convention on Recognition and Enforcement of Foreign Arbitration Awards or other international treaties that China has concluded or to which China has acceded. On applying to foreign courts to recognize and enforce the award, the Claimant shall submit enforcement applications, documents affiliated with the arbitration agreement, original version of the award and related translations. The Convention on Recognition and Enforcement of Foreign Arbitration Awards took effect in China on April 22, 1987. According to the Convention, arbitration awards made by the Arbitration Commission may be enforced in over 140 countries and regions.

Ⅴ. Other dispute settlement services

1.Domain name disputes settlement service

CIETAC Domain Name Dispute Resolution Center was established in 2000. The Center devotes itself to providing alternative dispute resolution (ADR) services in the areas of intellectual property and information technology. The Center has formulated its procedural rules for domain name dispute resolution, maintains the List of Panelists and implements a system whereby Panel of Neutrals are responsible for the resolution of disputes. Possessing the modernized working facilities and the scientific management system, the Center has established a dedicated web site and can deal with the domain name dispute resolution proceedings on line. 

CIETAC Domain Name Dispute Resolution Center provides domain name dispute resolution services in the following ways: 

a. As a provider appointed by the China Internet Network Information Center (CNNIC), CIETAC Domain Name Dispute Resolution Center is providing dispute resolution services with regard to .CN domain names (Chinese-Character Domain Name inclusive). The .CN Domain Name Disputes are carried out under CNNIC Domain Name Dispute Resolution Policy (CNDRP) issued by CNNIC on 30 September. 

b. The Center is also appointed as the sole provider of dispute resolution services concerning  keywords managed by the China Internet Network Information Center (CNNIC). The Resolution of Keyword Disputes is subject to CNNIC Keyword Dispute Resolution Policy issued by CNNIC on 4 August 2001. 

c. As the Beijing Office of Asian Domain Name Dispute Resolution Center (ADNDRC) which is one of the four domain name dispute resolution providers approved by the Internet Corporation for the Assignment of Names and Numbers (ICANN), CIETAC Domain Name Dispute Resolution Center is also providing domain name dispute resolution services in regard to generic top level domain names (gTLDs)such as .com, .net and .org. Disputes in regard to gTLDs are carried out under the Uniform Domain Name Policy (UDRP) issued by ICANN on 26 August 1999. 

2. Short message website disputes settlement service

CIETAC has official accept cases of disputes over short message websites. The China Mobile Federation has officially authorized CIETAC as a provider of short message website disputes settlement service. The CIETAC’s domain name dispute resolution center has completed the building of the online case handling system and other preparations and began to accept short message website dispute cases. Claimants may log in to the website : http://dndrc.cietac.org for information and file their complaints according to the guide.

Foreign-related arbitration fees

(The fee schedule is applicable to cases covered by Article 3 (1) and (2) of the Arbitration Rule. It takes effect as of May 1, 2005)

 

Upon the acceptance of each case, an additional RMB 10,000 Yuan shall be charged as Registration Fee which shall cover the expenses for examining the application for arbitration, initiating the arbitration proceedings, computerizing management, filing documents, etc.

Where the amount of the claim cannot be ascertained at the time when the Request for Arbitration is filed, or there exist special circumstances, the amount of arbitration fee shall be determined by the Secretariat of the CIETAC or its Sub-Commission.

If the arbitration fee is to be paid in a foreign currency, the amount payable in the foreign currency shall be equivalent to the corresponding RMB value specified in this Fee Schedule.

Apart from charging arbitration fee according to this Fee Schedule, the CIETAC or its Sub-Commission may collect other extra, reasonable and actual expenses pursuant to the provisions of the Arbitration Rules of the CIETAC.

Arbitration fees for domestic cases

(This fee schedule applies to the arbitration cases accepted under Item 3 of Article 3 of the Arbitration Rules, and becomes effective on May 1, 2005.)

In accordance with the Notice of the Measures for the Charging of Arbitration Fee by the Arbitration Commissions with the reference number of Guo Ban Fa No. 44/1995 issued by the General Office of the State Council, the arbitration fee for cases taken by the China International Economic and Trade Arbitration Commission under Item 3 of Article 3 of the Arbitration Rules are charged in the following way:

 

Registration Fee

Handling Fee

 

The Amount of Claim referred to in this schedule shall be based on the sum of money claimed by the Claimant. If the amount claimed is different from the actual amount in dispute, the actual amount in dispute shall be the basis for calculation.

Where the amount of claim is not ascertained at the time when application for arbitration is handed in, or there exists special circumstances, the amount of arbitration fee deposit shall be determined by the secretariat of the CIETAC or its Sub-Commission in consideration of the specific rights and interests involved in the disputes.

Apart from charging arbitration fee according to this Arbitration Fee Schedule, the CIETAC or its Sub-commission may collect other extra, reasonable and actual expenses pursuant to the relevant provisions of the Arbitration Rules.

 

Financial Arbitration Fee Schedule

Upon the acceptance of each case, an additional RMB 10,000 Yuan shall be charged as Registration Fee which shall cover the expenses for examining the application for arbitration, initiating the arbitration proceedings, computerizing management, filing the documents, etc.

Where the amount of the claim cannot be ascertained at the time when the Request for Arbitration is filed, or there exist special circumstances, the amount of arbitration fee shall be determined by the Secretariat of the CIETAC or its Sub-Commission.

If the arbitration fee is to be paid in a foreign currency, the amount payable in the foreign currency shall be equivalent to the corresponding RMB value specified in this Fee Schedule.

Apart from charging arbitration fee according to this Fee Schedule, the CIETAC or its Sub-Commission may collect other extra, reasonable and actual expenses pursuant to the provisions of the Arbitration Rules of the CIETAC.

 

Section II： Mediation (Conciliation)

As an important means of resolving disputes arising from international commercial and maritime transaction, with advantage of time and expense-saving, confidentiality, flexibility, conciliation is now attached more and more importance to the parties, and is playing a greater role in settlement of international commercial disputes.

The Conciliation Center of China Council for the Promotion of International Trade/ China Chamber of International Commerce (CCPIT/CCOIC) and conciliation centers of sub-councils are the permanent conciliation institutions in China, which independently and impartially resolve disputes arising from international commercial and maritime transactions by means of conciliation.

The CCPIT/CCOIC Conciliation Center, located in Beijing, was established by the CCPIT in 1987. The CCPIT has set up altogether 42 conciliation centers within its sub-councils successively. So far, the conciliation centers of CCPIT system have covered the main areas in China, and the CCPIT conciliation network has been basically established. All the centers apply the uniform conciliation rules, and are under the leadership of CCPIT/CCOIC Conciliation Center in vocational work.

The conciliation centers take cognizance of cases in accordance with a conciliation agreement, or in the absence of such an agreement, upon application from one party with the consent of the other party. The Centers all maintain a Panel of Conciliator, from which the parties to a certain case could make the nomination. The conciliators are selected and appointed by CCPIT from among the impartial personages with special knowledge and/or practical experience in international economy, trade, finance, investment, technology transfer, project contracting, transportation, insurance and other of international commerce, maritime issues and/or law.

In the conciliation proceedings, the conciliators shall observe the principle of parties’ autonomy, conduct conciliation on the basis of ascertaining the facts, distinguish right from wrong and determining the liabilities, while respecting the terms of the contract, abiding by the law, referring to the international practice, and adhering to the principle of fairness and reasonableness so as to help bring about mutual understanding and mutual concession between the parties and an amicable settlement of their disputes.

Through years of its continuous efforts, the caseload of the conciliation network of CCPIT goes up year by year, as well as the success rate of conciliation. The success rate of conciliation reaches over 80%. The cases involve parties from more than 30 countries and regions in addition to China. The impartiality and promptness of conciliation and regions in addition to China. The impartiality and promptness of conciliation are highly praised by the parties both at home and abroad.

In order to promote communication and co-operation with the international society, CCPIT/CCOIC Conciliation Center signed a co-operation agreement with Beijing-Hamburg Conciliation Center established in Hamburg, Germany. At the same time, Beijing-Hamburg Conciliation rules formulated for the two sides to apply in conciliation of the disputes involving parties of the two countries. The American Arbitration Association (AAA) established New York Conciliation Center, and signed a co-operation agreement with CCPIT/CCOIC Conciliation Center. In January 1995, CCPIT/CCOIC Conciliation Center acceded to the International Federation of Commercial Arbitration Institutes (IFCAI); in November 1997, CCPIT/CCOIC Conciliation Center signed a conciliation co-operation agreement with London court of International Arbitration (LCIA). In 2004, The CCPIT/CCOIC Conciliation Center and The US Public Resources Center set up The Sino-US Joint Commercial Conciliation Center.

 

Section III： Civil Procedure of Cases Involving Foreign Element