国办发（1995）44号
（Promulgated by the State Council on July 28， 1995）
颁布日期：19950728 　实施日期：19950728 　颁布单位：国务院办公厅

　　1. Concerning the Principles of the Reorganization of Arbitration¹ Organs

　　（1） Grasp the spirit of the Arbitration Law of the People's Republic of China （hereinafter referred to as the Arbitration Law） comprehensively and accurately²， and carrying out the reorganization of these arbitration organs strictly³ according to the Arbitration Law.

　　（2） Embody⁴ the purpose of serving the people wholeheartedly and ensure arbitration to solve economic disputes pursuant to the principles of fairness and promptness.

　　（3） On the basis of the factual circumstances， reorganize the arbitration organs according to necessity and possibility.

　　（4） Unify⁵ understanding， strengthen the leadership and arouse the positive factors in all aspects in order to ensure the smooth transition of the arbitration work.

　　2. On the Arbitration Commissions

　　（1） Only one unified⁶ arbitration commission may be established in any city where the law provides for establishment of an arbitration commission， and no special arbitration commission or arbitration tribunal shall be established according to different specialties⁷.

　　（2） The names of newly established arbitration commissions shall be regulated； all arbitration commissions shall begin with the city name where the arbitration commission is located （name of location + arbitration commission）， such as Beijing Arbitration Commission， Guangzhou Arbitration Commission or Shenzhen Arbitration Commission.

　　（3） The arbitration commission shall be composed of one chairman， from two to four vice⁸ chairmen and from seven to eleven commission members. Among those， one or two persons shall be full-time⁹ commission personnel and the others shall be part-time.

　　Membership in the arbitration commission shall be held by specialists and persons with practical experience from colleges， scientific research institutions or state agencies. The members of the arbitration commission may or may not be arbitrators.

　　The members of the first session of an arbitration commission shall be appointed by the people's government of that city upon recommendation by various departments such as of governmental legal affairs， economics and trade， construction reformation， justice， the administration for industry and commerce， science and technology or urban construction， and organizations such as the trade promotion¹⁰ commission or the association of industry and commerce.

　　（4） One secretary general shall be instituted in each arbitration commission. The post of secretary general may beheld¹¹ concurrently¹² by a full-time member of the arbitration commission.

　　（5） A working body which shall be responsible for handling the acceptance of arbitration cases， processing arbitration documents， file management and collection and management of arbitration fees shall be established under the arbitration commission. The secretary general shall be responsible for the routine duties of the working body.

　　The establishment of the working body and arrangement of personnel shall comply with the principles of streamlining and high efficiency. During the initial period of operation of the arbitration commission， it is not necessary for the working body to have excessive personnel. The number of personnel may be suitably increased with the increase of the arbitration work load.

　　The personnel of the working body shall possess good moral character and professional skills and shall be appointed on the basis of competitive selection.

　　3. Concerning the Arbitrators

　　（1） A full-time arbitrator shall not be established in the arbitration commission.

　　（2） Arbitrators shall be appointed according to law by the newly-established arbitration commission.

　　The arbitration commission shall， mainly from within its province， autonomous¹³ region or municipality directly under the central government， appoint arbitrators from among those who satisfy the conditions in the provisions of Article 13 of the Arbitration Law.

　　The public servants and personnel of agencies of the public servant system， if they satisfy the requirements described in Article 13 of the Arbitration Law and have the approval of their units， may be appointed as arbitrators， But they shall not allow the arbitration work to interfere¹⁴ with their regular duties.

　　The arbitration commission shall establish a list of arbitrators according to different specialties.

　　（3） In accordance with the arbitration rules， the arbitrators shall be paid by the arbitration commission for handling arbitration cases. Unless they deal with arbitration cases， the arbitrators shall not receive any payment or other fees.

　　4. Concerning the Size， Funds and Site of Arbitration Commissions

　　During the initial period of the establishment of the arbitration commission， the local people's government of that city shall， according to the relevant provisions on institutional organizations， arrange the establishment of the staff， funds and sites for the arbitration commission. The arbitration commission shall gradually establish a system of independent revenue and expenditure¹⁵.

　　5. Concerning the Merger¹⁶ of Newly Established Arbitration Commissions and Existing Arbitration Organs

　　（1） As to the appointment of arbitrators or employment of personnel for the working body， those in existing arbitration organs who satisfy the requirements shall be considered first.

　　（2） If parties concerned have formed an arbitration agreement before the termination of an existing arbitration organ and make a supplementary¹⁷ agreement to decide on a new arbitration commission after the termination of the said existing arbitration organ， they may apply to the newly chosen arbitration commission for arbitration according to the Arbitration Law； if the parties fail to reach a supplementary agreement， the original arbitration agreement shall be invalid¹⁸.

　　Appendix I Sample Text of the Articles of the Arbitration Commission

　　Chapter I General Provisions

　　Article 1 These Articles are formulated¹⁹ according to the Arbitration Law of the People's Republic of China （here in after referred to as the Arbitration Law） for the purpose of regulating the activities of this Arbitration Commission， ensuring the fair and timely arbitration of the economic disputes and protecting the lawful²⁰ rights and interests of all parties involved.

　　Article 2 Contractual disputes and other disputes involving property rights and interests occurring between equal citizens， corporations or other organizations may apply to this Arbitration Commission for arbitration.

　　This Arbitration Commission will not accept applications for arbitration of labor²¹ disputes or internal agricultural contract disputes of agricultural collective economic organizations.

　　Article 3 This Arbitration Commission （hereinafter referred to as the Arbitration Commission） is located in the city of……

　　Chapter II The Arbitration Commission

　　Article 4 The Arbitration Commission shall be composed of one chairman， from two to four vice chairmen and from seven to eleven members. Among those， one or two persons shall be the commission's full-time personnel and the others shall be part-time.

　　One secretary general shall be instituted in the Arbitration Commission. The post of secretary general may be held concurrently by a full-time member of the Arbitration Commission.

　　A list of the members of the Arbitration Commission shall be submitted to the Chinese Arbitration Association for filing.

　　Article 5 The term of each session of the Arbitration Commission shall be three years. Upon the expiration²² of the term， one third of members shall be replaced.

　　The replacement²³ of the members of next session of the Arbitration Commission shall be completed two months before the expiration of the term of the current Arbitration Commission； if it is not completed owing to special circumstances， it shall be completed within three months from the expiration of the term of the current Arbitration Commission.

　　The duties of the preceding session of the Arbitration Commission shall be ended with the formation of the new session.

　　Article 6 The members of the new session of the Arbitration Commission shall， upon the nominations²⁴ of the chairman's meeting of the preceding session and in consultation²⁵ with the relevant departments of the people's government of the city and the commerce chambers²⁶， be appointed by the people's government of the city.

　　Article 7 Meetings of the Arbitration Commission shall be presided over by the chairman or a vice chairman who has been authorized²⁸ by the chairman. A meeting may be held when not less than two thirds of the members are present. A decision to revise the Articles of the Arbitration Commission or to adjourn²⁹ the Arbitration Commission shall be passed by not less than two thirds of all the members； other decisions shall be passed by not less than two thirds of the present members.

　　Article 8 Meetings of the Arbitration Commission are mainly responsible for the following：

　　（1） to consider important items such as the working policy or working plan of the Arbitration Commission， and to make relevant decisions；

　　（2） to deliberate over and pass the annual working report and financial report raised by the secretary general of the Arbitration Commission；

　　（3） to decide upon eligible³⁰ candidates for the secretary general of the Arbitration Commission and the persons to be in charge of specialist consultation organs；

　　（4） to consider and pass the plan for the establishment of the working body of the Arbitration Commission；

　　（5） to decide upon the appointment， dismissal or removal of arbitrators；

　　（6） to decide upon the withdrawal³¹ of the chairman if he acts as an arbitrator；

　　（7） to revise the Articles of the Arbitration Commission；

　　（8） to make a decision concerning adjourning³² the Arbitration Commission； and

　　（9） other duties described in the Arbitration Law， arbitration rules and these Articles.

　　Article 9 The chairman's meeting shall be composed of the chairman， vice chairmen and the secretary general， and shall be responsible for handling important routine duties of the Arbitration Commission during the periods when the Arbitration Commission is not in session.

　　Article 10 The Arbitration Commission may establish specialist consultation organs where necessary which shall provide consultative advice on difficult problems for the Arbitration Commission and the arbitrators.

　　Specialist consultative organs shall institute one person in charge to be held by a vice chairman of the Arbitration Commission.

　　Article 11 If the Arbitration Commission session makes a decision to dissolve the Commission， and it is agreed to by the people's government of the city， the Arbitration Commission shall be terminated.

　　Chapter III The Working Body

　　Article 12 A working body shall be established under the Arbitration Commission. Under the secretary general of the Arbitration Commission， the working body shall be responsible for dealing³³ with the routine duties of the Arbitration Commission.

　　The working body shall be mainly responsible for the following：

　　（1） to directly deal with procedural affairs， such as the acceptance of arbitration cases， processing of arbitration documents and file management；

　　（2） to collect and manage arbitration fees； and

　　（3） to deal with other matters designated by the Arbitration Commission.

　　Article 13 Decisions to employ personnel of the working body shall be made by the chairman's meeting of the Arbitration Commission.

　　Chapter IV Arbitrators

　　Article 14 A list of the arbitrators shall be proposed by the chairman's meeting of the Arbitration Commission. Upon deliberation and passage by the Arbitration Commission meeting， the arbitrators shall be appointed by the Arbitration Commission and a letter of appointment shall be issued.

　　The tenure³⁴ of appointment of the arbitrators shall be three years， and may be extended upon expiration.

　　Article 15 The Arbitration Commission shall draw up a list of arbitrators according to different specialties.

　　The list of the arbitrators shall be submitted to the Chinese Arbitration Association for filing.

　　Article 16 The arbitrators shall strictly abide³⁵ by the arbitration rules and shall ensure that all parties involved enjoytheir rights as described in the arbitration rules.

　　Article 17 The arbitrators shall treat both parties equally， and shall not represent or take sides with any party.

　　Article 18 After accepting a case， the arbitrator shall make a serious and thorough reading and examination of all theevidence and materials submitted by the parties in preparation for hearing the case.

　　Article 19 When holding hearings， the arbitrator shall hear fully³⁶ the statements by the two parties and earnestly discern the facts.

　　Article 20 If the arbitrator is approved to meet with the party or his agent by the arbitration tribunal or the Arbitration Commission， the meeting shall be held at the office of the Arbitration Commission； without the approval of the arbitration tribunal or the Arbitration Commission， the arbitrator shall not meet with either party or their agents independently， accept evidence or materials from either party or their agents or discuss circumstances concerning the arbitration case with either party or their agents independently.

　　Article 21 The arbitrators shall promptly³⁷ meet after the termination of the case hearings， and shall issue the award according to provisions.

　　Article 22 The arbitrators shall maintain the secrecy³⁸ of the arbitration process and shall not reveal such things as the case proceedings⁴⁰， status of the arbitration tribunal's decision or any trade secrets.

　　Article 23 The Arbitration Commission shall dismiss any of arbitrator under any of the following circumstances：

　　（1） concealing⁴¹ circumstances which should be withdrawn⁴² and which thereby⁴³ affect the case hearings adversely⁴⁴；

　　（2） failing to attend the hearings without rational reasons； and

　　（3） other circumstances unbecoming with continued duty as an arbitrator.

　　Article 24 Any arbitrator who meets with either party or their agents without approval， accepts dinner invitations or gifts from either party or their agents， or， during arbitration， demands or accepts a bribe⁴⁵， commits malpractice while in search of personal gain or twists the law in making an award shall bear legal responsibility according to the law and shall be removed by the Arbitration Commission.

　　Chapter V Financing

　　Article 25 The Arbitration Commission shall adopt an independent accounting⁴⁶ financial system.

　　Article 26 The financial resources of the Arbitration Commission include：

　　（1） assistance from the government；

　　（2） the arbitration fees handed in by parties involved；

　　（3） other legal income.

　　Article 27 When the Arbitration Commission terminates， its property shall be liquidated⁴⁷. After liquidation⁴⁸， the remaining property shall belong to the state.

　　Chapter VI Supplementary Provisions

　　Article 28 These Articles shall be explained by the Arbitration Commission.

　　Article 29 These Articles shall be effective as of the date of approval by the people's government of this city.

　　Appendix II Sample Text of the Interim⁴⁹ Rules of Arbitration

　　Chapter I General Provisions

　　Article 1 These Interim Rules are formulated according to the relevant provisions of the Arbitration Law of the People's Republic of China （hereinafter referred to as the Arbitration Law） and the Civil Procedure Law of the People's Republic of China （hereinafter referred to as the Civil Procedure Law）， for the purpose of ensuring the fair and timely arbitration of economic disputes and protecting the lawful rights and interests of the parties involved.

　　Article 2 Contractual disputes and other property rights and interests disputes occurring between equal citizens， legal persons and other organizations may apply to this Arbitration Commission for arbitration.

　　This Arbitration Commission does not accept arbitration applications concerning labor disputes or internal agricultural contract disputes of agricultural collective economic organization.

　　Article 3 A decision by the parties involved to adopt arbitration as the means of settling a dispute must be agreed to by both parties voluntarily. If there is no agreement to hold arbitration and one party applies for arbitration， that party shall be refused by the Arbitration Commission.

　　Article 4 An agreement to hold arbitration shall include an arbitration clause in a contract and any other written agreements to apply for arbitration reached before or after the dispute.

　　An agreement to hold arbitration shall contain the following：

　　（1） expression of intent to apply for arbitration；

　　（2） the items to be discussed in arbitration；

　　（3） expression of intent to select this Arbitration Commission.

　　Article 5 The agreement to hold arbitration shall be independent， and the alteration⁵⁰， dissolution， termination or invalidity of the contract does not affect the force of the agreement.

　　The arbitration tribunal shall be entitled to have the authority to affirm the effectiveness of the agreement.

　　Article 6 Any party who disagrees with the effectiveness of the arbitration agreement may apply to this Arbitration Commission for a decision or may file a petition with the people's court for adjudication. Where one party applies to this Arbitration Commission to make a decision and another party applies to the people's court for adjudication， the people's court shall make an adjudication.

　　Any party who disagrees with the effectiveness of the arbitration agreement shall raise the objection before the first hearings of the arbitration tribunal； if the parties agree not to hold hearings， any objections shall be raised before the submission⁵¹ of the first plea.

　　Chapter II Application and Acceptance

　　Article 7 Any party who applies for arbitration shall satisfy the following requirements：

　　（1） possession of an agreement to hold arbitration；

　　（2） possession of an accurate arbitration application and the facts and reasons；

　　（3） the application is within the scope of this Arbitration Commission.

　　Article 8 When applying for arbitration， the applicant⁵² shall submit the arbitration agreement， application for arbitration

　　Article 9 The following items shall be clearly stated in the application letter for arbitration：

　　（1） the name， sex， age， profession， employer and address of the applicant and the defendant⁵³； the name and address of the corporation or other organization， and the name and position of the legal representative or the chief person in charge；

　　（2） the arbitration petition and the related facts and reasons；

　　（3） any evidence and sources of evidence， and the name and address of any witnesses.

　　Article 10 Within five days from receiving the application for arbitration， this Arbitration Commission shall， considering the application satisfies the acceptance requirements， accept it and notify the parties； the Arbitration Commission may also accept the application at once and notify the parties； if the application does not satisfy the acceptance requirements， this Arbitration Commission shall notify the parties of the refusal in written form and give the reasons.

　　After receiving the application letter for arbitration， this Arbitration Commission may demand that the applying party provide supplementary materials or make corrections within a specified⁵⁴ period if the application for arbitration does not satisfy the provisions of Article 9 of these Interim Rules； if no additions or corrections are made when due， it shall be deemed that the application has not been received.

　　Article 11 After receiving the application letter for arbitration， this Arbitration Commission shall deliver these Interim Rules and the list of arbitrators to the applicant within 15 days， and deliver a copy of the application for arbitration， these Interim Rules and the list of arbitrators to the defendant.

　　After receiving the copy of the application for arbitration， the defendant shall submit a plea to the Arbitration Commission within 15 days. After receiving the plea， the Arbitration Commission shall deliver a copy of the plea to the applicant within 15 days. If the defendant fails to submit a plea， it shall not affect the process of the arbitration procedure.

　　Article 12 The applicant may abandon or change the arbitration application. The defendant may acknowledge or refute the arbitration application， and shall be entitled to file a counter-petition.

　　This Arbitration Commission shall， within 15 days from receiving the application for counter-petition raised by the defendant， deliver a copy of the application letter for counter-petition to the applicant.

　　The applicant shall submit a written plea to this Arbitration Commission within 15 days from receiving the application letter for counter-petition； if no written plea is raised， it shall not affect the process of the arbitration procedure.

　　Article 13 One party may， if it is possible that the award cannot be executed or be will executed only with great difficulties because of the actions of another party or for other reasons， apply for property preservation⁵⁵.

　　If any party applies for property preservation， this Arbitration Commission shall submit the application of the applicant to the people's court in accordance with the relevant provisions of the Civil Procedure Law.

　　If the application proves to be faulty， the applicant shall reimburse⁵⁶ the defendant any losses caused by the property preservation.

　　Article 14 A party or agent may authorize²⁷ a lawyer or other agent with carrying out the arbitration activities. The authorized lawyer or other agent shall submit a letter of authorization⁵⁷ to this Arbitration Commission before engaging in arbitration activities.

　　Chapter III Composition of the Arbitration Tribunal

　　Article 15 The arbitration tribunal may be composed of three arbitrators or one arbitrator. If it is composed of three， a chief arbitrator shall be selected.

　　Article 16 If the parties agree that the arbitration tribunal shall be composed of three arbitrators， they shall each choose an arbitrator or authorize the chairman of this Arbitration Commission to appoint one arbitrator each， the third arbitrator to be chosen jointly⁵⁹ by both parties or appointed by the chairman with the joint⁵⁸ authorization of both parties. The third arbitrator shall be the chief arbitrator.

　　If the parties agree that the arbitration tribunal is to be composed of one arbitrator， he shall be chosen jointly by both parties or appointed by the chairman with the joint authorization of both parties.

　　Article 17 If the parties fail to agree on the composition of the arbitration tribunal or fail to select the arbitrators within 15 days from receiving the notification of acceptance of arbitration， the arbitrators shall be appointed by the chairman of this Arbitration Commission.

　　Article 18 After the establishment of the arbitration tribunal， this Arbitration Commission shall， within five days after the establishment of the arbitration tribunal， notify the parties in written form of the composition of the arbitration tribunal， or may also notify the parties in written form of the composition of the arbitration tribunal on the date of establishment.

　　Article 19 Any arbitrator who falls into any of the following categories shall withdraw from the case； any party has the right to propose a withdrawal application：

　　（1） those who are parties to the case or relatives of any party or their agents；

　　（2） those who have a vested interest in the case；

　　（3） those who have other relations with either party or their agents which may possibly affect a fair award；

　　（4） those who meet with either party or their agents on their own or accept gifts or dinner invitations from either party or their agents.

　　Article 20 Any party who proposes a withdrawal application， shall state the reasons and make an application before the first hearings. If the reasons for the withdrawal are not known until after the first hearings， an application may be raised before the termination of the final hearings.

　　Article 21 Whether the arbitrator is withdrawn or not shall be decided⁶⁰ by the chairman of this Arbitration Commission； when the chairman is acting⁶¹ as an arbitrator， withdrawal shall be decided by a meeting of this Arbitration Commission.

　　Article 22 If any arbitrator is unable to perform his or her duties because of withdrawal or other reasons， a new arbitrator shall be chosen or appointed according to the provisions of the Arbitration Law and these Interim Rules.

　　After a new arbitrator has been chosen or appointed due to withdrawal of the original arbitrator， either party may apply to begin the arbitration procedure anew， whether or not permission shall be granted shall be decided by the arbitration tribunal； the arbitration tribunal may itself decide whether or not to begin the arbitration procedure anew.

　　Article 23 Any arbitrator who meets with either party or their agents on their own or accepts gifts or dinner invitations from either party or their agents and the case is serious， or who during arbitration demands or accepts a bribe， commits malpractice while in search of personal gain or twists the law in making an award， shall bear all legal responsibilities according to the law and shall be removed by the Arbitration Commission.

　　Chapter IV Hearings and Adjudication

　　Article 24 Hearings shall be held for arbitration. If the parties agree not to hold a hearing， the arbitration tribunal may give an award on the basis of the application for arbitration， pleas and other materials.

　　Article 25 Arbitration shall not be held publicly. It may be held in public if both parties agree， unless state secrets are involved.

　　Article 26 The Arbitration Commission shall notify the parties of the date of the hearings 10 days before the hearings are to be held by the arbitration tribunal； the hearings may be held ahead of time if the parties obtain consent from the arbitration tribunal. Any party who has rational reasons may apply for a delay of the hearings within seven days before the hearings； whether or not to delay the hearings shall be decided by the arbitration tribunal.

　　Article 27 If the applicant notified in written form fails to attend the hearings or exits the hearings in mid-proceedings without the permission of the arbitration tribunal， it shall be deemed that the arbitration application is revoked⁶³.

　　If the applicant notified in written form fails to attend the hearings or exits the hearings in mid-proceedings without the permission of the arbitration tribunal， an award by default may be made.

　　Article 28 Each party shall provide evidence for any claims.

　　The tribunal may collect any evidence it deems necessary.

　　Article 29 Original documents shall be supplied for any documentary evidence. The original objects shall be submitted for any physical evidence. If there are difficulties in submitting the original documentary evidence or Physical evidence， duplications， photographs， copies or abstracts may be provided.

　　If documentary evidence in a foreign language is provided， it shall be accompanied by a Chinese version.

　　Article 30 If the arbitration tribunal deems it necessary to evaluate a technicality， it may be evaluated by an evaluation⁶⁴ organization agreed upon by the parties， or may be evaluated by an evaluation organization appointed by the arbitration tribunal.

　　According to petitions by either party or requests by the arbitration tribunal， the evaluation organization shall arrange a witness to attend the hearings. With permission of the arbitration tribunal， a party may raise questions to the witness.

　　Article 31 Any evidence shall be produced during the hearings， and the parties may confront each other.

　　Article 32 In the event that evidence is likely to be destroyed or lost， or is difficult to obtain later， a party may apply for evidence preservation. If a party applies for evidence preservation， this Arbitration Commission shall transmit the party's application to the local people's court in the locality where the evidence is located.

　　Article 33 The parties shall have the right to argue during arbitration. When the arguing terminates， the chief arbitrator or arbitrator shall ask for the final opinions of the parties.

　　Article 34 The arbitration tribunal shall make a written record of the hearings. If either party or other participants consider that there are omissions⁶⁵ or errors in the record with respect to their statements， they shall have the right to request additions or corrections to be made； if the addition or correction is not permitted， the application shall be noted⁶⁶.

　　The record shall be signed or stamped by the arbitrators， stenographer⁶⁷， parties and other participants.

　　Article 35 After applying for arbitration， the parties may make a reconciliation⁶⁸. If a reconciliation is reached， the parties may request the arbitration tribunal to make the award statement according to the reconciliation， and may also revoke⁶² the application for arbitration.

　　Article 36 Any party who retracts⁷⁰ consent after the reconciliation agreement has been reached and the application for arbitration is revoked may apply for arbitration according to the arbitration agreement.

　　Article 37 The arbitration tribunal may conduct conciliation⁶⁹ before the award is made. If the parties voluntarily desire a conciliation， the arbitration tribunal shall conduct conciliation. If no agreement is reached through conciliation， the arbitration tribunal shall make a prompt award.

　　If an agreement is reached through conciliation， the arbitration tribunal shall draw up a conciliation statement or award statement according to the conciliation result. The conciliation statement shall have the same legal effectiveness as the award statement.

　　Article 38 The conciliation statement shall state clearly the result of the application for arbitration and the agreement between the parties. The conciliation statement shall be signed by the arbitrators and sealed by this Arbitration Commission， and delivered to both parties.

　　The conciliation statement shall come into legal effect upon signing after being received.

　　If the parties make a retraction⁷¹ before signing after they have received the conciliation statement， the arbitration tribunal shall make a prompt award.

　　Article 39 The award statement shall be made according to the majority opinion of the arbitrators， and the dissenting⁷² opinions of the minority may be noted down for the record. If a majority opinion cannot be formulated， the award shall be made according to the opinion of the chief arbitrator.

　　Article 40 When the arbitration tribunal arbitrates a dispute， if a portion of the facts are clear， the arbitration tribunal may first make an award concerning this portion.

　　Article 41 The arbitration tribunal shall make an award within four months after its establishment. If due to special circumstances it is necessary to extend this time， an appropriate extension shall be made after the chief arbitrator or arbitrator reports to this Arbitration Commission for approval.

　　Article 42 The arbitration application， disputed facts， reasons of award， result of award， responsibility for arbitration expenses and the date of award shall be stated in the award statement.

　　If the parties agree not to record the disputed facts and reasons of award， they shall not be recorded.

　　The award statement shall be signed by the arbitrators. The dissenting arbitrators may or may not sign.

　　Article 43 After being signed by the arbitrators， the award statement shall be stamped by this Arbitration Commission.

　　Article 44 The award statement shall come into legal effect as of the date of its making.

　　Article 45 The arbitration tribunal shall make any additions or corrections to the literary or mathematical errors in the award statement or to omissions in the award statement made by the arbitration tribunal； the parties may， within 30 days of receiving the award statement， request additions and corrections to be made by the arbitration tribunal.

　　Article 46 The parties may apply to the intermediate people's court in the locality of this Arbitration Commission for revoking⁷³ the award within six months of receiving the award statement， if any of the following circumstances can be proved through evidence：

　　（1） there was no agreement to hold arbitration；

　　（2） the arbitration items were not subject to the scope of the agreement to hold arbitration or were beyond the arbitration jurisdiction⁷⁴ of the arbitration commission；

　　（3） the composition of the arbitration tribunal or the arbitration procedures violated legal procedures；

　　（4） the evidence the award is based on was forged；

　　（5） the counter party concealed⁷⁵ the evidence which affected⁷⁶ fair award；

　　（6） the arbitrator demanded or accepted bribes⁷⁷， committed malpractice in search for personal gain or twisted the law in making an award during arbitration.

　　Article 47 The parties shall comply with the award within the time period specified in the arbitration award statement. If a time period has not been specified， the parties shall comply with the award at once.

　　If one party fails to comply with the arbitration award， the other party may， according to the relevant provisions of the Civil Procedure Law， apply to the people's court for enforcement.

　　Chapter V Supplementary Provisions

　　Article 48 Any law containing provisions concerning the limitations of arbitration shall be complied with； if no provisions concerning the limitations of arbitration appear in any law， provisions concerning the limitations of legal proceeding³⁹ shall be complied with.

　　Article 49 Unless the parties otherwise agree or the arbitration tribunal otherwise demands， the arbitration documents， notifications and materials may be directly delivered to the parties or their agents， or may be delivered to the parties or their agents through the post， facsimile or telegram.

　　Article 50 The time period shall be calculated according to the hour， the day， the month and the year. The hour and day from which a time period begins shall not be counted as within the time period.

　　If the expiration date of a time period falls on a holiday， then the day immediately following the holiday shall be regarded as the expiration date.

　　A time period shall not include traveling time. Arbitration documents， materials or notifications that are mailed or delivered before a deadline shall not be regarded as overdue⁷⁸.

　　Article 51 A party who fails to meet a deadline due to force majeure or for other legitimate⁷⁹ reasons， may apply for an extension of the time limit within 10 days after the obstacle is removed. The requested extension shall be subject to approval by this Arbitration Commission or the arbitration tribunal.

　　Article 52 The arbitrator's fee shall be determined⁸⁰ by this Arbitration Commission according to the circumstances of handling an arbitration case such as the working time， the degree of difficulty and the size of the dispute.

　　The arbitrator's fee shall be paid from the fees for accepting arbitration cases collected by this Arbitration Commission.

　　Article 53 These Interim Rules shall come into effect as of the date of：

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