中国国际经济贸易仲裁委员会仲裁规则
CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION¹ COMMISSION ARBITRATION RULES

（Revised and Adopted by China Chamber³ of International Commerce on September 4， 1995， Effective as from October 1，1995.）
时效性：已被修正　 颁布日期：19950904 　实施日期：19951001 　失效日期：20001001 　颁布单位：国务院

　　Chapter I General Provisions

　　Section 1 Jurisdiction⁴

　　Article 1 These Rules are formulated⁵ in accordance with the Arbitration Law of the People's Republic of China and the provisions of the relevant laws and pursuant to the “Decision ”of the former Government Administration Council of the Central People's Government and the “Notice” and “Official Reply” of the State Council.

　　Article 2 China International Economic and Trade Arbitration Commission （originally named Foreign Trade Arbitration Commission of the China Council for the Promotion⁶ of International Trade， later renamed as Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade， and presently called China International Economic and Trade Arbitration Commission， hereinafter referred to as the Arbitration Commission）independently and impartially⁷ resolves， by means of arbitration， disputes arising from international or foreign-related， contractual or non-contractual， economic and trade transactions， including those disputes between foreign legal persons and/or natural persons and Chinese legal persons and/or natural persons， between foreign legal persons and/or natural persons， and between Chinese legal persons and/or natural persons， in order to protect the legitimate⁸ rights and interests of the parties and promote the development of domestic and international economy and trade.

　　In case the law or administrative⁹ regulations of the People's Republic of China have special provisions or special authorization¹⁰ concerning the scope of accepting cases， the Arbitration Commission may accept cases in accordance with the special provisions or special authorization.

　　Article 3 The Arbitration Commission takes cognizance of cases in accordance with an arbitration agreement between the parties concluded before or after the occurrence of the dispute to refer their dispute to the Arbitration Commission for arbitration and upon the written application by one of the parties.

　　An arbitration agreement means an arbitration clause stipulated¹¹ by the parties in their contract or a written agreement concluded by the parties in other forms to submit their dispute for arbitration.

　　Article 4 The Arbitration Commission has the power to decide on the existence and validity of an arbitration agreement and the jurisdiction over an arbitration case. If a party challenges the validity of the arbitration agreement and requests the Arbitration Commission to make a decision thereupon and the other party applies to the People's Court for a ruling， the lather's ruling shall prevail.

　　Article 5 An arbitration clause contained in a contract shall be regarded as existing independently and separately from the other clauses of the contract， and an arbitration agreement attached to a contract shall be treated as a part of the contract existing independently and separately from the other parts of the contract. The validity of an arbitration clause or an arbitration agreement shall not be affected¹² by the modification¹³， rescission， termination， invalidity， revocation¹⁴ or non-existence of the contract.

　　Article 6 Any objections to an arbitration agreement and/or jurisdiction over an arbitration case shall be raised before the first hearing conducted by the arbitration tribunal. Where a case is examined on the basis of documents only， the objections to jurisdiction should be raised before submission¹⁵ of the first substantive¹⁶ defense¹⁷.

　　Article 7 Once the parties agree to submit their dispute to the Arbitration Commission for arbitration， it shall be deemed that they have agreed to conduct the arbitration under these Rules.

　　Section 2 Organization

　　Article 8 The Arbitration Commission has one honorary Chairman and several advisers¹⁸.

　　Article 9 The Arbitration Commission is composed of one Chairman， several Vice-Chairmen and a number of Commission members. The Chairman performs the functions and duties vested in him by these Rules and the Vice-Chairmen may perform the Chairman's functions and duties with the Chairman's authorization.

　　The Arbitration Commission has a secretariat to handle its day-to-day work under the leadership of the Secretary-General of the Arbitration Commission.

　　Article 10 The Arbitration Commission maintains a Panel of Arbitrators. The arbitrators are selected and appointed by the Arbitration Commission from among Chinese and foreign personages with special knowledge and practical experience in the fields of law， economics and trade， science and technology， and other fields.

　　Article 11 The Arbitration Commission is located in Beijing. The Arbitration Commission has a Shenzhen Sub-Commission in Shenzhen Special Economic Zone and a Shanghai Sub-Commission in Shanghai. The Sub-Commissions are an integral part of the Arbitration Commission.

　　The Sub-Commissions have their own secretariats to handle their day-to-day work under the leadership of the Secretaries-General of the Sub-Commissions.

　　These Rules uniformly apply to the Arbitration Commission and its Sub-Commissions. When arbitration proceedings¹⁹ are conducted in the Sub-Commissions， the functions and duties under these Rules to be carried out by the Chairman， the secretariat and the Secretary-General of the Arbitration Commission shall be performed by the Vice-Chairmen authorized²¹ by the Chairman， the secretariats and the Secretaries-General of the Sub-Commissions respectively and accordingly.

　　Article 12 The Parties may agree to have their dispute submitted for arbitration conducted by the Arbitration Commission in Beijing or by its Shenzhen Sub-Commission in Shenzhen or by its Shanghai Sub-Commission in Shanghai.

　　In the absence of such an agreement， the Claimant may opt² to have the arbitration conducted by the Arbitration Commission in Beijing or by its Shenzhen Sub-Commission in Shenzhen or by its Shanghai Sub-Commission in Shanghai.

　　When exercising such option， the option first made shall prevail. If a dispute arises over the option， it shall be decided²² by the Arbitration Commission.

　　Chapter II Arbitration Proceedings

　　Section 1 Application for Arbitration， Defense and Counter-claim

　　Article 13 The arbitration proceedings shall commence from the date on which the Notice of Arbitration is sent out by the Arbitration Commission or its Sub-Commissions.

　　Article 14 The Claimant shall satisfy the following requirements when submitting his Application for Arbitration：

　　（1）an Application for Arbitration in writing shall be submitted and the following shall be specified²³ in the Application for Arbitration：

　　（a）the name and address of the Claimant and those of the Respondent， including the zip code， telephone number， telex²⁴ number， fax number and cable number， if any；

　　（b）the arbitration agreement relied upon by the Claimant；

　　（c）the facts of the case and the main points of dispute；

　　（d）the Claimant's claim and the facts and evidence on which his claimis based. The Application for Arbitration shall be signed and/or stamped by the Claimant and/or the attorney authorized by the Claimant.

　　（2）When an Application for Arbitration is submitted to the Arbitration Commission， the relevant documentary evidence on which the Claimant's claim is based shall accompany the Application for Arbitration.

　　（3）The Claimant shall pay an arbitration fee in advance to the Arbitration Commission according to the Arbitration Fee Schedule of the Arbitration Commission.

　　Article 15 After receipt of the Application for Arbitration and its attachments²⁵ and when the secretariat of the Arbitration Commission， after examination， deems that the Claimant has not completed the formalities required for arbitration， the secretariat shall demand the Claimant to complete them， and when the secretariat deems that the Claimant has completed the formalities， the secretariat shall immediately send to the Respondent a Notice of Arbitration together with one copy each of the Claimant's Application for Arbitration and its attachments as well as the Arbitration Rules， the Panel of Arbitrators and the Arbitration Fee Schedule of the Arbitration Commission， and shall simultaneously²⁶ send to the Claimant one copy each of the Notice of Arbitration， the Arbitration Rules， the Panel of Arbitrators and Arbitration Fee Schedule.

　　The secretariat of the Arbitration Commission， after sending the Notice of Arbitration to the Claimant and Respondent， the Notice of Arbitration to the Claimant and Respondent， shall appoint one of its staff-members to take charge of procedural administration of the case.

　　Article 16 The Claimant and the Respondent shall， within 20 days as from the date of receipt of the Notice of Arbitration， appoint an arbitrator from among the Panel of Arbitrators of the Arbitration Commission or authorize²⁰ the Chairman of the Arbitration Commission to make such appointment.

　　Article 17 The Respondent shall， within 45 days from the date of receipt of the Notice of Arbitration， submit his written defense and relevant documentary evidence to the secretariat of the Arbitration Commission.

　　Article 18 The Respondent shall， at the latest within 60 days from the date of receipt of the Notice of Arbitration， lodge²⁷ with the secretariat of the Arbitration Commission his counterclaim in writing， if any. The arbitration tribunal may extend that time limit if it deems that there are justified²⁸ reasons.

　　When lodging²⁹ a counterclaim， the Respondent must state in his written statement of counterclaim his specific claim， reasons for his claim and facts and evidence upon which his claim is based， and attach to his written statement of counterclaim the relevant documentary evidence. When lodging a counterclaim， the Respondent shall pay an arbitration fee in advance according to the Arbitration Fee Schedule of the Arbitration Commission.

　　Article 19 The Claimant may request to amend³⁰ his claim and the Respondent may request to amend his counterclaim； but the arbitration tribunal may refuse such a request for amendment³¹ if it considers that it is too late to raise the request and the amendment may affect the arbitration proceedings.

　　Article 20 When submitting application for arbitration， written defense， statement of counterclaim， documentary evidence and other documents， the party/parties shall submit them in quintuplicate. If the number of the parties exceeds two， additional copies shall be submitted accordingly； if the number of arbitrator of the arbitration tribunal is one， two copies may be reduced.

　　Article 21 The arbitration proceedings shall not be affected in case the Respondent fails to file his defense in writing or the Claimant fails to submit his written defense against the Respondent's counterclaim.

　　Article 22 The parties may authorize arbitration agents to deal with the matters relating to arbitration； the authorized attorney must produce a Power of Attorney to the Arbitration Commission.

　　Chinese and foreign citizens can be authorized to act as arbitration agents.

　　Article 23 When a party applies for property preservative³² measures， the Arbitration Commission shall transmit the party's application for a ruling to the intermediate people's court in the place where the domicile of the party against whom the property preservative measures are sought is located or in the place where the property of the said party is located.

　　When a party applies for taking interim³³ measures of protection of evidence， the Arbitration Commission shall transmit the party's application for a ruling to the intermediate people's court in the place where the evidence is located.

　　Section 2 Formation of Arbitration Tribunal

　　Article 24 Each of the parties shall appoint one arbitrator from among the Panel of Arbitrators of the Arbitration Commission or entrust³⁴ the Chairman of the Arbitration Commission to make such appointment. The third arbitrator shall be jointly³⁶ appointed by the parties or appointed by the Chairman of the Arbitration Commission upon the parties' joint³⁵ authorization. In case the parties fail to jointly entrust the Chairman of the Arbitration Commission to appoint the third arbitrator within 20 days from the date on which the Respondent receives the Notice of Arbitration， the third arbitrator shall be appointed by the Chairman of the Arbitration Commission. The third arbitrator shall act as the presiding arbitrator.

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

　　Article 25 Both parties may jointly appoint or jointly authorize the Chairman of the Arbitration Commission to appoint a sole arbitrator to form an arbitration tribunal to hear the case alone.

　　If both parties have agreed on the appointment of a sole arbitrator to hear their case alone but have failed to agree on the choice of such a sole arbitrator within 20 days from the date on which the Respondent receives the Notice of Arbitration， the Chairman of the Arbitration Commission shall make such appointment.

　　Article 26 If the Claimant or the Respondent fails to appoint or authorize the Chairman of the Arbitration Commission to appoint an arbitrator according to Article 16 of these Rules， the Chairman of the Arbitration Commission shall appoint an arbitrator for the Claimant or the Respondent.

　　Article 27 When there are two or more Claimants and/or Respondents in an arbitration case， the Claimants' side and/or the Respondents' side each shall， through consultation³⁷， appoint or entrust the Chairman of the Arbitration Commission to appoint one arbitrator from among the Panel of Arbitrators of the Arbitration Commission.

　　If the Claimants' side or the Respondents' side fails to make such appointment or entrustment³⁸ within 20 days as from the date on which the Respondents' side receives the Notice of Arbitration， the appointment shall be made by the Chairman of the Arbitration Commission.

　　Article 28 Any appointed arbitrator having a personal interest in the case shall himself disclose such circumstances to the Arbitration Commission and request a withdrawal³⁹ from his office.

　　Article 29 A party may make a request in writing to the Arbitration Commission for the removal of an appointed arbitrator from his office， if the party has justified reasons to suspect the impartiality⁴⁰ and independence of the appointed arbitrator. In the request， the facts and reasons on which the request is based and evidence thereof must be given.

　　A challenge against an arbitrator for a removal from his office must be put forward in writing no later than the first oral hearing. If the grounds for the challenge come out or are made known after the first oral hearing， the challenge may be raised after the first hearing but before the end of the last hearing.

　　Article 30 The Chairman of the Arbitration Commission shall decide on the challenge.

　　Article 31 If an arbitrator cannot perform his duty owing to withdrawal， demise⁴¹， removal or other reasons， a substitute arbitrator shall be appointed in accordance with the procedure pursuant to which the original arbitrator was appointed.

　　After the appointment of the substitute arbitrator， the arbitration tribunal has discretion⁴² to decide whether the whole or part of the previous hearings shall be started again.

　　Section 3 Hearing

　　Article 32 The arbitration Tribunal shall hold oral hearings when examining a case. At the request of the parties or with their consent， oral hearings may be omitted if the arbitration tribunal also deems that oral hearings are unnecessary， and then the arbitration tribunal may examine the case and make an award on the basis of documents only.

　　Article 33 The date of the first oral hearing shall be fixed⁴³ by the arbitration tribunal in consultation with the secretariat of the Arbitration Commission.

　　The notice of the date of the hearing shall be communicated by the secretariat of the Arbitration Commission to the parties 30 days before the date of the hearing. A party having justified reasons may request a postponement⁴⁵ of the date of the hearing. His request must be communicated to the secretariat of the Arbitration Commission 12 days before the date of the hearing and the arbitration tribunal shall decide whether to postpone⁴⁴ the hearing or not.

　　Article 34 The notice of the date of hearing subsequent to the first hearing is not subject to the 30-day time limit.

　　Article 35 The cases taken cognizance of by the Arbitration Commission shall be heard in Beijing， or in other places with the approval of the Secretary-General of the Arbitration Commission. The cases taken cognizance of by a Sub-Commission of the Arbitration Commission shall be heard in the place where the Sub-Commission is located， or in other places with the approval of the Secretary-General of the Sub-Commission.

　　Article 36 The arbitration tribunal shall not hear cases in open session. If both parties request a hearing to be held in open session， the arbitration tribunal shall decide whether to hold the hearing in open session or not.

　　Article 37 When a case is heard in closed session， the parties， their attorneys， witnesses， arbitrators， experts consulted by the arbitration tribunal and appraisers appointed by the arbitration tribunal and the relevant staff-members of the secretariat of the Arbitration Commission shall not disclose to outsiders the substantive or procedural matters of the case.

　　Article 38 The parties shall produce evidence for the facts on which their claim， defense or counterclaim is based.

　　The arbitration tribunal may undertake investigations⁴⁸ and collect evidence on its own initiative， 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 investigation⁴⁷ and collection of evidence shall by no means be affected.

　　Article 39 The arbitration tribunal may consult an expert or appoint an appraiser⁴⁶ for the clarification of special questions relating to the case. Such an expert or appraiser can be an organization or a citizen， Chinese or foreign.

　　The arbitration tribunal has the power to order the parties and the parties are also obliged to submit or produce to the expert or appraiser any materials， documents， properties or goods related to the case for check-up， inspection⁴⁹ and/or appraisal⁵⁰.

上一篇：中国国际经济贸易仲裁委员会仲裁规则（二） 下一篇：设立境外中国产业投资基金管理办法