(CMAC)
Arbitration Rules
Chapter I General Provisions
Article 1 The Arbitration Commission
1. The China Maritime Arbitration Commission ( “ CMAC ” ), in the first place named the Maritime Arbitration Commission of the China Council for the Promotion of International Trade .
2. Where an arbitration agreement provides for arbitration by the Maritime Arbitration Commission of China Council for the Promotion of International Trade/China Chamber of International Commerce, or refers to CMAC ’ s former name, it shall be deemed that the parties have agreed to arbitration by CMAC .
Article 2 Structure and Duties
1. The Chairman of CMAC shall perform the functions and duties vested in him/her by these Rules while a Vice Chairman may perform the Chairman ’ s functions and duties with the Chairman ’ s authority .
2. CMAC has an Arbitration Court ( the “ Arbitration Court ” ), which performs its functions in accordance with these Rules under the direction of the authoritative Vice Chairman and the President of the Arbitration Court .
3. CMAC is based in Beijing. CMAC has its Shanghai Headquarters in Shanghai, sub-commissions or arbitration centers in eligible cities ( Appendix I ) .
The Shanghai Headquarters/sub-commissions/arbitration centers are CMAC ’ randomness branches, which accept arbitration applications and administer arbitration cases with CMAC ’ sulfur mandate .
4. The Shanghai Headquarters/a sub-commission/arbitration center has an arbitration woo, which performs the functions of the Arbitration Court in accord with these Rules under the direction of the president of the arbitration court of the sub-commission/arbitration center .
5. Where a case is administered by the Shanghai Headquarters/a sub-commission/arbitration center, the functions and duties vested in the President of the Arbitration Court under these Rules may, by his/her mandate, be performed by the president of the arbitration woo of the Shanghai Headquarters/the relevant sub-commission/arbitration plaza .
6. Where the parties have agreed to submit their disputes to CMAC, according to the choice of the Claimant, the Arbitration Court or the arbitration court of the Shanghai Headquarters/the sub-commission/arbitration plaza shall accept the arbitration application and administer the subject. Where both parties file arbitration applications, the first application shall prevail. Where both parties have agreed to submit their disputes to CMAC for arbitration in Beijing/Shanghai or where both parties have agreed to submit their disputes at the sub-commission/ arbitration center or at its domicile, the Arbitration Court or the arbitration court of the Shanghai Headquarters/the sub-commission/arbitration focus on shall accept the arbitration application and administer the case. Where the Shanghai Headquarters/the sub-commission/arbitration center agreed upon by the parties does not exist or where the agreement is ambiguous, the Arbitration Court shall accept the arbitration lotion and administer the case. In the event of any quarrel, a decision shall be made by CMAC .
Article 3 Jurisdiction
1. CMAC accepts cases based on the agreement of the parties, including :
( a ) disputes arising from admiralty, maritime ;
( b ) related disputes arising from aviation, railways, highways, etc. ;
( c ) early commercial disputes arising from deal, investing, finance, insurance, construction, etc. ;
( five hundred ) early cases where the parties have agreed to refer their disputes to CMAC for arbitration .
2. The precede cases include :
( a ) external or foreign-related disputes ;
( bel ) disputes related to the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan region ; and
( speed of light ) domestic disputes .
Article 4 Scope of Application
1. These Rules uniformly apply to CMAC and its Shanghai Headquarters/sub-commissions/ arbitration centers .
2. Where the parties have agreed to refer their dispute to CMAC for arbitration, they shall be deemed to have agreed to arbitration in accord with these Rules .
3. Where the parties agree to refer their quarrel to CMAC for arbitration but have agreed on a change of these Rules or have agreed on the application of early arbitration rules, the parties ’ agreement shall prevail unless such agreement is inoperative or in conflict with a mandate provision of the law applicable to the arbitral proceedings. Where the parties have agreed on the application of other arbitration rules, CMAC shall perform the relevant administrative duties .
4. Where the parties agree to refer their challenge to arbitration under these Rules without providing the name of the arbitration mental hospital, they shall be deemed to have agreed to refer the dispute to arbitration by CMAC .
5. Where the parties agree to refer their disputes to arbitration under CMAC ’ s customize arbitration rules for a specific trade or profession, the parties ’ agreement shall prevail. however, if the challenge falls outside the setting of the specific rules, these Rules shall apply .
Article 5 Arbitration Agreement
1. An arbitration agreement means an arbitration article in a sign or any other shape of a written agreement concluded between the parties providing for the village of disputes by arbitration .
2. The arbitration agreement shall be in writing. An arbitration agreement is in writing if it is contained in the real form of a document such as a sign, letter, telegram, telex, fax, electronic data exchange, or e-mail. An arbitration agreement shall be deemed to exist where its being is asserted by one party and not denied by the other during the change of the Request for Arbitration and the Statement of Defense .
3. Where the law applicable to an arbitration agreement has different provisions as to the form and cogency of the arbitration agreement, those provisions shall prevail .
4. An arbitration article contained in a narrow shall be treated as a article independent and separate from all early clauses of the contract, and an arbitration agreement attached to a contract shall besides be treated as mugwump and separate from all other clauses of the abridge. The validity of an arbitration clause or an arbitration agreement shall not be affected by any modification, cancellation, end point, transfer, death, invalidity, ineffectiveness, recission or non-existence of the contract .
Article 6 Objection to Arbitration Agreement and/or Jurisdiction
1. CMAC has the power to determine the being and cogency of an arbitration agreement and its jurisdiction over an arbitration font. CMAC may, where necessary, delegate such power to the arbitral court .
2. Where CMAC is satisfied by prima facie evidence that a alid arbitration agreement exists, it may make a decision based on such testify that it has legal power over the arbitration case, and the arbitration shall proceed. Such a decision shall not prevent CMAC from making a new decision on jurisdiction based on facts and/ or testify found by the arbitral court during the arbitral proceedings that are inconsistent with the prima facie attest .
3. Where CMAC has delegated the world power to determine legal power to the arbitral court, the arbitral court may either make a separate decision on jurisdiction during the arbitral proceedings or incorporate the decision in the final arbitral award .
4. An objection to an arbitration agreement and/or the jurisdiction over an arbitration case shall be raised in writing before the beginning oral hearing held by the arbitral court. Where a case is to be decided on the basis of documents only, such an expostulation shall be raised before the submission of the foremost meaty defense .
5. The arbitration shall proceed notwithstanding an objection to the arbitration agreement and/or jurisdiction over the arbitration case .
6. The aforesaid objections to and/or decisions on jurisdiction by CMAC shall include objections to and/or decisions on a party ’ mho standing to participate in the arbitration .
7. CMAC or its authorize arbitral court shall decide to dismiss the case upon finding that CMAC has no jurisdiction over an arbitration case. Where a case is to be dismissed before the formation of the arbitral court, the decisiveness shall be made by the President of the Arbitration Court. Where the case is to be dismissed after the geological formation of the arbitral court, the decision shall be made by the arbitral court .
Article 7 Place of Arbitration
1. Where the parties have agreed on the place of arbitration, the parties ’ agreement shall prevail .
2. Where the parties have not agreed on the place of arbitration or their agreement is ambiguous, the place of arbitration shall be the dwelling of CMAC or its Shanghai Headquarters/sub-commission/center administering the lawsuit. CMAC may besides determine the locate of arbitration to be another location having attentiveness to the circumstances of the case .
3. The arbitral award shall be deemed as having been made at the place of arbitration .
Article 8 Service of Documents and Periods of Time
1. All documents, notices and written materials in relation to the arbitration may be delivered in person or sent by register mail or press out mail, fax, or by any early means considered proper by the Arbitration Court or the arbitral court .
2. The arbitration documents referred to in the preceding Paragraph 1 shall be sent to the address provided by the party itself or by its spokesperson ( sulfur ), or to an address agreed by the parties. Where a party or its congressman ( s ) has not provided an address or the parties have not agreed on an address, the arbitration documents shall be sent to such party ’ s address as provided by the early party or its representative ( sulfur ) .
3. Any arbitration commensurateness to a party or its congressman ( mho ) shall be deemed to have been by rights served on the party if delivered to the addressee or send to the addressee ’ s place of business, registration, dwelling, accustomed residence or mailing cover, or where, after fair inquiries by the other party, none of the aforesaid addresses can be found, the arbitration parallelism is sent by the Arbitration Court to the addressee ’ s survive know identify of occupation, adjustment, domicile, accustomed mansion or mailing address by registered or express mail, or by any other means that can provide a record of the attack at delivery, including but not limited to service by populace notary, entrustment or retention .
4. The periods of fourth dimension specified in these Rules shall begin on the day following the day when the party receives or should have received the arbitration commensurateness, notices or written materials sent by the Arbitration Court .
Article 9 Good Faith
arbitration participants shall proceed with the arbitration in good religion .
Article 10 Waiver of Right to Object
A party shall be deemed to have waived its correct to object where it knows or should have known that any provision of, or prerequisite under, these Rules has not been complied with and so far participates in or proceeds with the arbitral proceedings without promptly and explicitly submitting its expostulation in writing to such non-compliance .
Chapter II Arbitral Proceedings
Section 1 Request for Arbitration, Defense and Counterclaim
Article 11 Commencement of Arbitration
The arbitral proceedings shall commence on the day on which the Arbitration Court receives a Request for Arbitration .
Article 12 Application for Arbitration
A party applying for arbitration under these Rules shall :
1. Submit a Request for Arbitration in writing signed and/or sealed by the Claimant or its authorize congressman ( second ), which shall, bury alia, include :
( a ) the names and addresses of the Claimant and the Respondent, including the travel rapidly code, telephone, facsimile, electronic mail, or any early means of electronic telecommunications ;
( bacillus ) a character to the arbitration agreement that is invoked ;
( vitamin c ) a instruction of the facts of the case and the independent issues in dispute ;
( d ) the claim of the Claimant ; and
( vitamin e ) the facts and grounds on which the claim is based .
2. bind to the Request for Arbitration the relevant objective and other evidence on which the Claimant ’ randomness claim is based .
3. Pay the arbitration fee in progress to CMAC in accordance with its Arbitration Fee Schedule .
Article 13 Acceptance of a Case
1. Upon the written application of a party, CMAC shall accept a shell in accordance with an arbitration agreement concluded between the parties either before or after the happening of the dispute, in which it is provided that disputes are to be referred to arbitration by CMAC .
2. Upon receipt of a Request for Arbitration and its attachments, where after examination the Arbitration Court finds the formalities required for arbitration application to be arrant, it shall send a Notice of Arbitration to both parties together with one copy each of these Rules and CMAC ’ mho Panel of Arbitrators. The Request for Arbitration and its attachments submitted by the Claimant shall be sent to the Respondent under the like screen .
3. Where after examen the Arbitration Court finds the formalities required for the arbitration application to be incomplete, it may request the Claimant to complete them within a specify time period .
4. After CMAC accepts a case, the Arbitration Court shall designate a case director to assist with the procedural administration of the font .
Article 14 Multiple Contracts
The Claimant may initiate a individual arbitration concerning disputes arising out of or in connection with multiple contracts, provided that :
( a ) such contracts consist of the principal contract and its accessory contract ( s ), or such contracts involve the same parties equally good as legal relationships of the same nature ;
( b ) the disputes arise out of the same transaction or the lapp series of transactions ; and
( hundred ) the arbitration agreements in such contracts are identical or compatible .
Article 15 Statement of Defense
1. The Respondent shall file a Statement of Defense in writing within thirty ( 30 ) days from the date of its receipt of the Notice of Arbitration. If the Respondent has justified reasons to request an elongation of the time period, the arbitral court shall decide whether to grant an reference. Where the arbitral court has not so far been formed, the decision on whether to grant the elongation of the clock time time period shall be made by the Arbitration Court .
2. The Statement of Defense shall be signed and/or sealed by the Respondent or its empower spokesperson ( mho ), and shall, bury alia, include the take after contents and attachments :
( a ) the name and address of the Respondent, including the energy code, call, facsimile, e-mail, or any other means of electronic telecommunications ;
( b-complex vitamin ) the defense to the Request for Arbitration setting forth the facts and grounds on which the defense is based ; and
( coulomb ) the relevant objective and early tell on which the defense is based .
3. The arbitral court has the might to decide whether to accept a Statement of Defense submitted after the passing of the above time period .
4. failure by the Respondent to file a Statement of Defense shall not affect the demeanor of the arbitral proceedings .
Article 16 Counterclaim
1. The Respondent shall file a counterclaim, if any, in writing within thirty ( 30 ) days from the date of its reception of the Notice of Arbitration. If the Respondent has justified reasons to request an extension of the time menstruation, the arbitral court shall decide whether to grant an extension. Where the arbitral court has not yet been formed, the decisiveness on whether to grant the elongation of the clock time period shall be made by the Arbitration Court .
2. When filing the counterclaim, the Respondent shall specify the counterclaim in its Statement of Counterclaim and state the facts and grounds on which the counterclaim is based with the relevant objective and other evidence attached thereto .
3. When filing the counterclaim, the Respondent shall pay an arbitration fee in advance according to the Arbitration Fee Schedule of CMAC within a intend clock time time period, failing which the Respondent shall be deemed not to have filed any counterclaim .
4. Where the formalities required for filing a counterclaim are found to be dispatch, the Arbitration Court shall send a Notice of Acceptance of Counterclaim to the parties. The Claimant shall submit its Statement of Defense in writing within thirty ( 30 ) days from the date of its acknowledge of the Notice. If the Claimant has justified reasons to request an extension of the time period, the arbitral court shall decide whether to grant such an annex. Where the arbitral court has not yet been formed, the decision on whether to grant the extension of the time period shall be made by the Arbitration Court .
5. The arbitral court has the baron to decide whether to accept a counterclaim or a statement of Defense submitted after the passing of the above clock time period .
6. failure of the Claimant to file a Statement of Defense to the Respondent ’ south counterclaim shall not affect the impart of the arbitral proceedings .
Article 17 Amendment to Claim or Counterclaim
The Claimant may apply to amend its claim and the Respondent may apply to amend its counterclaim. however, the arbitral court may refuse any such amendment if it considers that the amendment is excessively belated and may delay the arbitral proceedings .
Article 18 Joinder of Additional Parties
1. During the arbitral proceedings, a party wishing to join an extra party to the arbitration may file the Request for joinder with CMAC, based on the arbitration agreement invoked in the arbitration that prima facie binds the extra party. Where the Request for Joinder is filed after the geological formation of the arbitral court, a decision shall be made by CMAC after the arbitral court hears from all parties including the extra party if arbitral court considers the joinder necessity .
The date on which the Arbitration Court receives the Request for Joinder shall be deemed to be the date of the beginning of arbitration against the extra party .
2. The Request for Joinder shall contain the event number of the existing arbitration ; the name, address and early means of communication of each of the parties, including the extra party ; the arbitration agreement invoked to join the extra party american samoa well as the facts and grounds the request relies upon ; and the claim .
The relevant documentary and other evidence on which the request is based shall be attached to the Request for Joinder .
3. Where any party objects to the arbitration agreement and/ or jurisdiction over the arbitration with respect to the joinder continue, CMAC has the office to decide on its legal power based on the arbitration agreement and relevant evidence .
4. After the joinder proceed commences, the behavior of the arbitral proceedings shall be decided by the Arbitration Court if the arbitral court is not formed, or shall be decided by the arbitral court if it has been formed .
5. Where the joinder takes position anterior to the formation of the arbitral court, the relevant provisions on party ’ s nominate or entrust of the Chairman of CMAC to appoint arbiter under these Rules shall apply to the extra party. The arbitral court shall be formed in accord with Article 33 of these Rules .
Where the joinder takes position after the formation of the arbitral court, the arbitral court shall hear from the extra party on the past arbitral proceedings including the geological formation of the arbitral court. If the extra party requests to nominate or entrust the Chairman of CMAC to appoint an arbiter, both parties shall nominate or entrust the Chairman of CMAC to appoint arbitrators again. The arbitral court shall be formed in accordance with Article 33 of these Rules .
6. The relevant provisions on the submission of the Statement of Defense and Counterclaim under these Rules shall apply to the extra party. The time menstruation for the extra party to submit its Statement of Defense and Counterclaim shall begin from the date of its reception of the Notice of Joinder .
7. CMAC shall have the might to decide not to join the extra party where the extra party is prima facie not bound by the arbitration agreement invoked in the arbitration, or where any early circumstance exists that makes the joinder inappropriate .
Article 19 Consolidation of Arbitrations
1. At the request of a party, CMAC may consolidate two or more arbitrations pending under these Rules into a single arbitration if :
( a ) all of the claims in the arbitrations are made under the lapp arbitration agreement ; or
( bacillus ) the claims in the arbitrations are made under multiple arbitration agreements that are identical or compatible and the arbitrations involve the same parties adenine well as legal relationships of the same nature ;
( c ) the claims in the arbitrations are made under multiple arbitration agreements that are identical or compatible and the multiple contracts involved consist of the chief contract and the accessory narrow ( south ) ; or
( five hundred ) all the parties to the arbitrations have agreed to consolidation .
2. In deciding whether to consolidate the arbitrations in accordance with the preceding Paragraph 1, CMAC shall take into report the opinions of all parties and other relevant factors such as the correlation coefficient between the arbitrations concerned, including the nominating speech and appointment of arbitrators in the disjoined arbitrations .
3. Unless otherwise agreed by all the parties, the arbitrations shall be consolidated into the arbitration that was first commenced .
4. After the consolidation of arbitrations, the behave of the arbitral proceedings shall be decided by the Arbitration Court if the arbitral court is not formed, or shall be decided by the arbitral court if it has been formed .
Article 20 Submissions and Exchange of Arbitration Documents
1. All arbitration documents from the parties shall be submitted to the Arbitration Court .
2. All arbitration documents to be exchanged during the arbitral proceedings shall be exchanged among the arbitral court and the parties by the Arbitration Court unless differently agreed by the parties and with the consent of the arbitral court or differently decided by the arbitral court .
Article 21 Copies of Arbitration Documents
When submitting the Request for Arbitration, the Statement of Defense, the Statement of Counterclaim, testify, and early arbitration documents, the parties shall make their submissions in quintuplicate. Where there are multiple parties, extra copies shall be provided consequently. Where the party applies for preservation of property or protection of attest, it shall besides provide extra copies consequently. Where the arbitral court is composed of a sole arbiter, the number of copies submitted may be reduced by two .
Article 22 Representation
A party may be represented by its authorize chinese and/or extraneous representative ( second ) in handling matters relating to the arbitration. In such a case, a power of Attorney shall be forwarded to the Arbitration Court by the party or its empower representative ( sulfur ) .
Section 2 Conservatory and Interim Measures
Article 23 Preservation of Maritime Claim
When a party applies for preservation of nautical claim or preservation of other property, CMAC shall submit the party ‘s application to the maritime court or other people ‘s court at the invest of the Respondent ‘s domicile or at the place of the property. Where a party applies for preservation of nautical claim or conservation of early property before the commencement of arbitral proceedings, it shall, according to the provisions of Maritime Procedure Law of the People ‘s Republic of China or other provisions concerned, submit its application directly to the nautical court or other people ‘s court at the position of the place subject to preservation .
Article 24 Preservation of Evidence
When a party applies for preservation of evidence, CMAC shall submit the party ‘s application to the nautical motor hotel or early people ‘s woo at the position where the tell to be preserved is located. Where a party applies for conservation of tell before the beginning of arbitral proceedings, it shall, according to the provisions of Maritime Procedure Law of the People ‘s Republic of China or other provisions concerned, submit its lotion immediately to the nautical woo or other people ‘s court at the place where the testify to be preserved is located .
Article 25 Maritime Injunction
When a party applies for a maritime injunction, CMAC shall submit the party ‘s application to the nautical woo at the place where the nautical dispute arises. Where a party applies for a maritime injunction before the commencement of the arbitral proceedings, it shall, according to the provisions of Maritime Procedure Law of the People ‘s Republic of China, submit its application directly to the maritime court at the place where the nautical quarrel arises .
Article 26 Limitation Fund for Maritime Claim
When a party applies for constitution of a limit store for nautical claims, CMAC shall submit the party ‘s application to the maritime court at the place of accident, the place of performance of the condense or the place of embark collar. Where a party applies for establishment of a limitation fund for nautical claims before the beginning of the arbitral proceedings, it shall, according to the provisions of Maritime Procedure Law of the People ‘s Republic of China, submit its application directly to the nautical court at the plaza of the accident, the put of performance of the compress or the target of ship halt .
Article 27 Interim Measures
1. In accord with the applicable law or the agreement of the parties, a party may apply to the Arbitration Court for emergency respite pursuant to the CMAC Emergency Arbitrator Procedures ( Appendix III ). The hand brake arbiter may decide to order or award necessity or appropriate hand brake measures. The decision of the emergency arbiter shall be binding upon both parties..
2. At the request of a party, the arbitral court may decide to ordering or award any interim measure it deems necessary or proper in accord with the applicable law or the agreement of the parties and may require the requesting party to provide appropriate security in joining with the measure .
Section 3 Arbitrators and the Arbitral Tribunal
Article 28 Duties of Arbitrator
An arbiter shall not represent either party, and shall be and remain independent of the parties and treat them evenly .
Article 29 Number of Arbitrators
1. The arbitral court shall be composed of one or three arbitrators .
2. Unless otherwise agreed by the parties or provided by these Rules, the arbitral court shall be composed of three arbitrators .
Article 30 Nomination or Appointment of Arbitrator
1. CMAC maintains a Panel of Arbitrators which uniformly applies to itself, the Shanghai Headquarters and all CMAC ’ s sub-commissions/arbitration centers. The parties shall nominate arbitrators from the Panel of Arbitrators provided by CMAC .
2. Where the parties have agreed to nominate arbitrators from external CMAC ’ sulfur Panel of Arbitrators, an arbiter so nominated by the parties or nominated according to the agreement of the parties may act as arbiter subject to the ratification by the Chairman of CMAC .
Article 31 Three-Arbitrator Tribunal
1. Within fifteen ( 15 ) days from the date of receipt of the Notice of Arbitration, the Claimant and the Respondent shall each appoint, or entrust the Chairman of CMAC to appoint, an arbiter, failing which the arbiter shall be appointed by the Chairman of CMAC .
2. Within fifteen ( 15 ) days from the date of the Respondent ’ s reception of the Notice of Arbitration, the parties shall jointly nominate, or entrust the Chairman of CMAC to appoint, the third arbiter, who shall act as the presiding arbiter .
3. The parties may each recommend one to five arbitrators as candidates for the preside arbiter and shall each submit a number of recommend candidates within the meter menstruation specified in the preceding Paragraph 2. Where there is only one common campaigner on the lists, such campaigner shall be the presiding arbiter jointly nominated by the parties. Where there is more than one common campaigner on the lists, the Chairman of CMAC shall choose the presiding arbiter from among the common candidates having involve to the circumstances of the lawsuit, and he/she shall act as the presiding arbiter jointly nominated by the parties. Where there is no common candidate on the lists, the presiding arbiter shall be appointed by the Chairman of CMAC .
4. Where the parties have failed to jointly nominate the preside arbiter according to the above provisions, the presiding arbiter shall be appointed by the Chairman of CMAC .
Article 32 Sole-Arbitrator Tribunal
Where the arbitral court is composed of one arbiter, the sole arbiter shall be nominated pursuant to the procedures stipulated in Paragraphs 2, 3 and 4 of Article 31 of these Rules .
Article 33 Multiple-Party Tribunal
1. Where there are two or more Claimants and/or Respondents in an arbitration casing, the Claimant side and/or the Respondent side, following discussion, shall each jointly nominate or jointly entrust the Chairman of CMAC to appoint one arbiter .
2. The presiding arbiter or the sole arbiter shall be nominated in accordance with the procedures stipulated in Paragraphs 2, 3 and 4 of Article 31 of these Rules. When making such nomination pursuant to Paragraph 3 of Article 31 of these Rules, the Claimant side and/or the Respondent side, following discussion, shall each submit a number of their jointly agreed candidates .
3. Where either the Claimant side or the respondent side fails to jointly nominate or jointly entrust the Chairman of CMAC to appoint one arbiter within fifteen ( 15 ) days from the date of its reception of the Notice of Arbitration, the Chairman of CMAC shall appoint all three members of the arbitral court and designate one of them to act as the presiding arbiter .
Article 34 Considerations in Appointing Arbitrators
When appointing arbitrators pursuant to these Rules, the Chairman of CMAC shall take into consideration the law applicable to the dispute, the identify of arbitration, the language of arbitration, the nationalities of the parties, and any other divisor ( s ) the Chairman considers relevant .
Article 35 Disclosure
1. An arbiter nominated by the parties or appointed by the Chairman of CMAC shall sign a Declaration and disclose any facts or circumstances probably to give lift to justifiable doubts as to his/her impartiality or independence .
2. If circumstances that need to be disclosed originate during the arbitral proceedings, the arbiter shall promptly disclose such circumstances in write .
3. The Declaration and/or the disclosure of the arbiter shall be submitted to the Arbitration Court to be forwarded to the parties .
Article 36 Challenge to Arbitrator
1. Upon acknowledge of the Declaration and/or the written disclosure of an arbiter, a party wishing to challenge the arbiter on the grounds of the unwrap facts or circumstances shall forward the challenge in writing within ten ( 10 ) days from the go steady of such receipt. If a party fails to file a challenge within the above clock time period, it may not subsequently challenge the arbiter on the basis of the matters disclosed by the arbiter .
2. A party having justifiable doubts as to the impartiality or independence of an arbiter may challenge that arbiter in writing and shall state the facts and reasons on which the challenge is based with supporting evidence .
3. A party may challenge an arbiter in writing within fifteen
( 15 ) days from the date it receives the Notice of Formation of the Arbitral Tribunal. Where a party becomes aware of a reason for a challenge after such receipt, the party may challenge the arbiter in writing within fifteen ( 15 ) days after such argue has become known to it, but no late than the termination of the last oral hearing .
4. The challenge by one party shall be promptly communicated to the other party, the arbiter being challenged and other members of the arbitral court .
5. Where an arbiter is challenged by one party and the other party agrees to the challenge, or the arbiter being challenged voluntarily withdraws from his/her office, such arbiter shall nobelium farseeing be a extremity of the arbitral court. however, in neither case shall it be implied that the reasons for the challenge are sustained .
6. In circumstances other than those specified in the preceding Paragraph 5, the Chairman of CMAC shall make a final examination decision on the challenge with or without stating the reasons .
7. An arbiter who has been challenged shall continue to serve on the arbitral court until a concluding decision on the challenge has been made by the Chairman of CMAC .
Article 37 Replacement of Arbitrator
1. In the event that an arbiter is prevented de jure or de facto from fulfilling his/her functions, or 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 CMAC shall have the baron to decide to replace the arbiter. such arbiter may besides voluntarily withdraw from his/her position .
2. The Chairman of CMAC shall make a final decisiveness on whether or not an arbiter should be replaced with or without stating the reasons .
3. In the event that an arbiter is unable to fulfill his/her functions due to challenge or replacement, a substitute arbiter shall be nominated or appointed within the time menstruation specified by the Arbitration Court according to the lapp routine that applied to the nominating speech or appointment of the arbiter being challenged or replaced. If a party fails to nominate or appoint a substitute arbiter consequently, the utility arbiter shall be appointed by the Chairman of CMAC .
4. After the surrogate of an arbiter, the arbitral court shall decide whether and to what extent the former proceedings in the case shall be repeated .
Article 38 Continuation of Arbitration by Majority
After the conclusion of the final oral earshot, if an arbiter on a three-member court is ineffective to participate in the deliberations and/or to render the prize owing to his/her death or to his/her removal from CMAC ’ s Panel of Arbitrators, or for any early reason, the other two arbitrators may request the Chairman of CMAC to replace that arbiter pursuant to Article 37 of these Rules .
After consulting with the parties and upon the blessing of the Chairman of CMAC, the other two arbitrators may besides continue the arbitral proceedings and make decisions, rulings, or render the award. The Arbitration Court shall notify the parties of the above circumstances .
Section 4 Hearing
Article 39 Conduct of Hearing
1. The arbitral court shall examine the case in any manner it deems appropriate unless otherwise agreed by the parties. Under all circumstances, the arbitral court shall act impartially and reasonably and shall afford a reasonable opportunity to both parties to present their case .
2. The arbitral court shall hold oral hearings when examining the case. however, the arbitral court may examine the case on the footing of documents only if the parties so agree and the arbitral court consents or the arbitral court deems that oral hearings are unnecessary and the parties thus agree .
3. Unless otherwise agreed by the parties, the arbitral court may adopt an inquisitorial or adversarial approach in hearing the case having regard to the circumstances of the case .
4. The arbitral court may hold deliberations at any place or in any manner that it considers appropriate .
5. Unless otherwise agreed by the parties, the arbitral court may, if it considers it necessary, issue procedural orders or interview lists, produce terms of mention, or hold pre-hearing conferences, etc. With the authority of the other members of the arbitral court, the presiding arbiter may decide on the operation arrangements for the arbitral proceedings at his/her own discretion .
Article 40 Place of Oral Hearing
1. Where the parties have agreed on the place of an oral hearing, the subject shall be heard at that agreed place except in the circumstances stipulated in Paragraph 3 of Article 79 of these Rules .
2. Unless otherwise agreed by the parties, the position of oral hearings shall be in Beijing for a casing administered by the Arbitration Court or at the dwelling of the Shanghai Headquarters/the sub-commission/arbitration center administrating the case, or if the arbitral court considers it necessity and with the approval of the President of the Arbitration Court, at another placement .
Article 41 Notice of Oral Hearing
1. Where a casing is to be examined by way of an oral listen, the parties shall be notified of the date of the first oral hearing at least twenty dollar bill ( 20 ) days in advance of the oral learn. A party having justify reasons may request a delay of the oral hearing .
however, the party shall communicate such request in writing to the arbitral court within five ( 5 ) days of its receipt of the notification of the oral learn. The arbitral court shall decide whether or not to postpone the oral hear .
2. Where a party has justified reasons for its failure to submit a request for a delay of the oral listening in accordance with the preceding Paragraph 1, the arbitral court shall decide whether or not to accept the request .
3. A notice of a subsequent oral hearing, a notice of a postpone oral hearing, american samoa well as a request for postponement of such an oral listen, shall not be subject to the prison term periods specified in the preceding Paragraph 1 .
Article 42 Confidentiality
1. Hearings shall be held in camera. Where both parties request an open learn, the arbitral court shall make a decision .
2. For cases heard in camera, the parties and their representatives, the arbitrators, the witnesses, the interpreters, the experts consulted by the arbitral court, the appraisers appointed by the arbitral court and other relevant persons shall not disclose to any foreigner any substantive or procedural matters relating to the font .
Article 43 Default
1. If the Claimant fails to appear at an oral hearing without showing sufficient causal agent, or withdraw from an ongoing oral earshot without the license of the arbitral court, the Claimant may be deemed to have withdrawn its application for arbitration. In such a case, if the Respondent has filed a counterclaim, the arbitral court shall proceed with the hearing of the counterclaim and make a nonpayment award.
2. If the Respondent fails to appear at an oral hear without showing sufficient induce, or withdraw from an ongoing oral earshot without the license of the arbitral court, the arbitral court may proceed with the arbitration and make a default award. In such a case, if the Respondent has filed a counterclaim, the Respondent may be deemed to have withdrawn its counterclaim .
Article 44 Record of Oral Hearing
1. The arbitral court may arrange for a written and/or an audio-visual criminal record to be made of an oral learn. The arbitral court may, if it considers it necessity, take minutes of the oral hearing and request the parties and/or their representatives, witnesses and/or other persons involved to sign and/or affix their seals to the written record or the minutes .
2. The written record, the minutes and the audio-visual record of an oral hearing shall be available for use and reference by the arbitral court .
3. At the request of a party, the Arbitration Court may, having respect to the specific circumstances of the arbitration decide to engage a stenographer to make a stenographic phonograph record of an oral hear, the monetary value of which shall be advanced by the parties .
Article 45 Evidence
1. Each party shall bear the load of proving the facts on which it relies to support its claim, defense or counterclaim and provide the basis for its opinions, arguments and counter-arguments .
2. The arbitral court may specify a time period for the parties to produce tell and the parties shall produce evidence within the pin down time period. The arbitral court may refuse to admit any tell produced after that time period. If a party experiences difficulties in producing evidence within the pin down time period, it may apply for an elongation before the end of the period. The arbitral court shall decide whether or not to extend the prison term period .
3. If a party bearing the burden of validation fails to produce evidence within the specify time period, or if the produce evidence is not sufficient to support its call or counterclaim, it shall bear the consequences thereof .
Article 46 Examination of Evidence
1. Where a case is examined by way of an oral listen, the tell shall be produced at the earshot and may be examined by the parties .
2. Where a font is to be decided on the basis of documents only, or where the tell is submitted after the hearing and both parties have agreed to examine the attest by means of writing, the parties may examine the evidence in writing. In such circumstances, the parties shall submit their written submissions on the evidence within the clock time period specified by the arbitral court .
Article 47 Investigation and Evidence Collection by the
Arbitral Tribunal
1. The arbitral court may undertake investigation and collect tell as it considers necessity .
2. When investigating and collecting tell, the arbitral court may notify the parties to be deliver. In the consequence that one or both parties fail to be present after being notified, the investigation and solicitation of evidence shall proceed without being affected .
3. evidence collected by the arbitral court through its investigation shall be forwarded to the parties for their comments .
Article 48 Expert’s Report and Appraiser’s Report
1. The arbitral court may consult experts or appoint appraisers for clarification on specific issues of the case. Such an expert or appraiser may be a chinese or foreign institution or natural person .
2. The arbitral court has the baron to request the parties, and the parties are besides obliged, to deliver or produce to the expert or appraiser any relevant materials, documents, property, or physical objects for examination, inspection or appraisal by the adept or appraiser .
3. Copies of the technical ’ randomness report and the appraiser ’ mho report card shall be forwarded to the parties for their comments. At the request of either party and with the approval of the arbitral court, the technical or appraiser shall participate in an oral hearing and give explanations on the report when the arbitral court considers it necessary .
Article 49 Consolidation of Oral Hearings
For the accomplishment of a clean, economic and effective arbitration, if two or more cases on arbitration involve same issues de jure or de facto, after inquires of parties, the arbitral court in consultation with CMAC may decide to consolidate the oral hearing of the cases, and may besides decide :
( a ) that the documents submitted by the parties in one encase may be forwarded to the parties in early case ( randomness ) ;
( b-complex vitamin ) that the tell produced in one case may be accepted and adopted in other event ( mho ), provided that all parties have been offered sufficient opportunities to comment on the evidence .
Article 50 Suspension of the Arbitral Proceedings
1. Where both parties jointly or individually request a suspension of the arbitral proceedings, or under circumstances where such suspension is necessary, the arbitral proceedings may be suspended .
2. The arbitral proceedings shall resume adenine soon as the reason for the pause disappears or the pause period ends .
3. The arbitral court shall decide whether to suspend or resume the arbitral proceedings. Where the arbitral court has not so far been formed, the decision shall be made by the President of the Arbitration Court .
Article 51 Withdrawal and Dismissal
1. A party may withdraw its claim or counterclaim in its entirety. In the event that the Claimant withdraws its claim in its entirety, the arbitral court shall proceed with its examination of the counterclaim and render an arbitral award thereon. In the event that the Respondent withdraws its counterclaim in its entirety, the arbitral court shall proceed with the examen of the call and render an arbitral award thereon .
2. A party may be deemed to have withdrawn its claim or counterclaim if the arbitral proceedings can not proceed for reasons attributable to that party .
3. A subject may be dismissed if the claim and counterclaim have been withdrawn in their entirety. Where a lawsuit is to be dismissed anterior to the formation of the arbitral court, the President of the Arbitration Court shall make a decision on the dismissal. Where a shell is to be dismissed after the formation of the arbitral court, the arbitral court shall make the decision .
4. The seal of CMAC shall be affixed to the dismissal decision referred to in the preceding Paragraph 3 and Paragraph 7 of Article 6 of these Rules .
Article 52 Combination of Conciliation with Arbitration
1. Where both parties wish to conciliate, or where one party wishes to conciliate and the other party ’ mho accept has been obtained by the arbitral court, the arbitral court may conciliate the quarrel during the arbitral proceedings. The parties may besides settle their dispute by themselves .
2. With the accept of both parties, the arbitral court may conciliate the case in a manner it considers appropriate .
3. During the process of placation, the arbitral court shall terminate the placation proceedings if either party so requests or if the arbitral court considers that far placation efforts shall be futile .
4. The parties shall sign a settlement agreement where they have reached settlement through placation by the arbitral court or by themselves .
5. Where the parties have reached a liquidation agreement through conciliation by the arbitral court or by themselves, they may withdraw their call or counterclaim, or request the arbitral court to render an arbitral award or a conciliation statement in accord with the terms of the settlement agreement .
6. Where the parties request for a conciliation affirmation, the placation statement shall distinctly set forth the claims of the parties and the terms of the village agreement. It shall be signed by the arbitrators, sealed by CMAC and served upon both parties .
7. Where conciliation is not successful, the arbitral court shall resume the arbitral proceedings and render an arbitral award .
8. Where the parties wish to conciliate their challenge but do not wish to have placation conducted by the arbitral court, CMAC may, with the consent of both parties, assist the parties to conciliate the dispute in a manner and procedure it considers appropriate .
9. Where placation is not successful, neither party may invoke any impression, view or statement, and any proposal or proposition expressing acceptance or opposition by either party or by the arbitral court in the process of conciliation as grounds for any claim, defense or counterclaim in the subsequent arbitral proceedings, judicial proceedings, or any early proceedings .
10. Where the parties have reached a liquidation agreement by themselves through negotiation or conciliation before the commencement of an arbitration, either party may, based on an arbitration agreement concluded between them that provides for arbitration by CMAC and the settlement agreement, request CMAC to constitute an arbitral court to render an arbitral award in accord with the terms of the colony agreement .
Unless otherwise agreed by the parties, the Chairman of CMAC shall appoint a sole arbiter to form such an arbitral court, which shall examine the case in a routine it considers appropriate and render an award in due course. The specific routine and fourth dimension period for rendering the award shall not be subject to other provisions of these Rules .
Chapter III Arbitral Award
Article 53 Time Period for Rendering Award
1. The arbitral court shall render an arbitral award within six ( 6 ) months from the date on which the arbitral court is formed .
2. Upon the request of the arbitral court, the President of the Arbitration Court may extend the time period if he/she considers it sincerely necessary and the reasons for the extension in truth absolve .
3. Any suspension menstruation shall be excluded when calculating the time menstruation in the preceding Paragraph 1 .
Article 54 Making of Award
1. The arbitral court shall independently and impartially render a fair and reasonable arbitral award based on the facts of the case and the terms of the condense, in accordance with the law and with reference point to external practices .
2. Where the parties have agreed on the law applicable to the merits of their dispute, the parties ’ agreement shall prevail. In the absence of such an agreement or where such agreement is in conflict with a compulsory provision of the law, the arbitral court shall determine the law applicable to the merits of the challenge .
3. The arbitral court shall state of matter in the prize the claims, the facts of the dispute, the reasons on which the award is based, the leave of the prize, the allocation of the arbitration costs, and the date on which and the place at which the award is made. The facts of the challenge and the reasons on which the award is based may not be stated in the award if the parties have therefore agreed, or if the award is made in accordance with the terms of a settlement agreement between the parties. The arbitral court has the power to fix in the award the specific time period for the parties to perform the prize and the liabilities for bankruptcy to do then within the assign clock period .
4. The seal of CMAC shall be affixed to the arbitral award .
5. Where a case is examined by an arbitral court composed of three arbitrators, the prize shall be rendered by all three arbitrators or a majority of the arbitrators. A written disagree opinion shall be kept with the file and may be appended to the award. such disagree impression shall not form a part of the award .
6. Where the arbitral court can not reach a majority impression, the arbitral prize shall be rendered in accord with the presiding arbiter ’ randomness impression. The written opinions of the other arbitrators shall be kept with the file and may be appended to the award. such written opinions shall not form a part of the prize .
7. Unless the arbitral award is made in accordance with the opinion of the presiding arbiter or the sole arbiter and signed by the like, the arbitral award shall be signed by a majority of the arbitrators. An arbiter who has a dissent opinion may or may not sign his/her name on the award .
8. The date on which the award is made shall be the date on which the award comes into legal effect .
9. The arbitral award is concluding and binding upon both parties. Neither party may bring a lawsuit before a court or make a request to any early organization for rewrite of the award .
Article 55 Partial Award
1. Where the arbitral court considers it necessity, or where a party thus requests and the arbitral court agrees, the arbitral court may first render a partial derivative award on any part of the claim before rendering the final examination award. A partial award is final and binding upon both parties .
2. failure of either party to perform a overtone award shall neither affect the arbitral proceedings nor prevent the arbitral court from making the final award .
Article 56 Scrutiny of Draft Award
The arbitral court shall submit its conscription award to CMAC for examination before signing the award. CMAC may bring to the attention of the arbitral court issues addressed in the award on the condition that the arbitral court ’ sulfur independence in rendering the prize is not affected .
Article 57 Allocation of Fees
1. The arbitral court has the power to determine in the arbitral award the arbitration fees and other expenses to be paid by the parties to CMAC .
2. The arbitral court has the power to decide in the arbitral award, having attentiveness to the circumstances of the shell, that the losing party shall compensate the winning party for the expenses sanely incurred by it in pursuing the case. In deciding whether or not the winning party ’ s expenses incurred in pursuing the font are reasonable, the arbitral court shall take into consideration assorted factors such as the result and complexity of the case, the workload of the winning party and/or its representative ( s ), and the come in quarrel, etc .
Article 58 Correction of Award
1. Within a reasonable time after the award is made, the arbitral court may, on its own inaugural, make corrections in write of any clerical, typographic or computational errors, or any errors of a alike nature contained in the prize .
2. Within thirty ( 30 ) days from its receipt of the arbitral award, either party may request the arbitral court in writing for a discipline of any clerical, typographic or computational errors, or any errors of a alike nature contained in the award. If such an error does exist in the prize, the arbitral court shall make the correction in writing within thirty ( 30 ) days of its receipt of the written request for the correction .
3. The above written correction shall form a region of the arbitral award and shall be subject to the provisions in Paragraphs 4 to 9 of Article 54 of these Rules .
Article 59 Additional Award
1. Where any matter which should have been decided by the arbitral court was omitted from the arbitral award, the arbitral court may, on its own first step, make an extra prize within a reasonable prison term after the award is made .
2. Either party may, within thirty ( 30 ) days from its reception of the arbitral award, request the arbitral court in writing for an extra award on any claim or counterclaim which was advanced in the arbitral proceedings but was omitted from the award. If such an omission does exist, the arbitral court shall make an extra award within thirty ( 30 ) days of receipt of the written request .
3. such extra award shall form a part of the arbitral award and shall be topic to the provisions in Paragraphs 4 to 9 of Article 54 of these Rules .
Article 60 Performance of Award
1. The parties shall perform the arbitral award within the time period specified in the award. If no time period is specified in the award, the parties shall perform the award immediately .
2. Where one party fails to perform the prize, the other party may apply to a competent court for enforcement of the prize in accordance with the police .
Chapter IV Summary Procedure
Article 61 Application
1. Unless otherwise agreed by the parties, the summary Procedure shall apply to any event where the come in quarrel does not exceed RMB 2,000,000 or where the amount in challenge exceeds RMB 2,000,000, even one party applies for arbitration under the Summary Procedure and the other party agrees in writing, or where both parties have agreed to apply the Summary Procedure .
2. Where there is no monetary call or the total in dispute is not clearly, CMAC shall determine whether or not to apply the Summary operation after full moon consideration of relevant factors, including but not restrict to the complexity of the sheath and the interests involved .
Article 62 Notice of Arbitration
Where after interrogation the Claimant ’ s arbitration application is accepted for arbitration under the Summary Procedure, the Arbitration Court shall send a Notice of Arbitration to both parties .
Article 63 Formation of the Arbitral Tribunal
Unless otherwise agreed by the parties, a sole-arbitrator court shall be formed in accord with Article 32 of these Rules to hear a case under Summary Procedure .
Article 64 Defense and Counterclaim
1. The Respondent shall submit its Statement of Defense, evidence and other supporting documents within twenty dollar bill ( 20 ) days of reception of the Notice of Arbitration ; counterclaim, if any, shall besides be filed with attest and supporting documents within the time period .
2. The Claimant shall file its Statement of Defense to the Respondent ’ sulfur counterclaim within twenty ( 20 ) days of receipt of the counterclaim and its attachments .
3. If a party has justified reasons to request an extension of the time period, the arbitral court shall decide whether to grant such extension. Where the arbitral court has not so far been formed, such decision shall be made by the Arbitration Court .
Article 65 Conduct of Hearing
The arbitral court may examine the case in the manner it considers appropriate. The arbitral court may decide whether to examine the font entirely on the footing of the written materials and evidence submitted by the parties or to hold an oral hear .
Article 66 Notice of Oral Hearing
1. For a sheath examined by way of an oral hear, after the arbitral court has fixed a date for the first oral learn, the parties shall be notified of the date at least fifteen ( 15 ) days in advance of the oral hearing. A party having justify reasons may request a postponement of the oral listening. however, the party shall communicate such request in writing to the arbitral court within three ( 3 ) days of its receipt of the notification of the oral hearing. The arbitral court shall decide whether or not to postpone the oral hear .
2. If a party has justified reasons for failure to submit a request for a postponement of the oral hear in accordance with the preceding Paragraph 1, the arbitral court shall decide whether to accept such a request .
3. A notice of a subsequent oral hearing, a notice of a postpone oral hearing, angstrom well as a request for postponement of such oral hearing, shall not be subject to the time periods specified in the preceding Paragraph 1 .
Article 67 Time Period for Rendering Award
1. The arbitral court shall render an arbitral award within three ( 3 ) months from the date on which the arbitral court is formed .
2. Upon the request of the arbitral court, the President of the Arbitration Court may extend the time time period if he/she considers it sincerely necessity and the reasons for the propagation sincerely apologize .
3. Any abeyance menstruation shall be excluded when calculating the meter period in the preceding Paragraph 1 .
Article 68 Change of Procedure
The summary Procedure shall not be affected by any amendment to the claim or by the filing of a counterclaim. Where the total in dispute of the rectify claim or that of the counterclaim exceeds RMB 2,000,000, the drumhead Procedure shall continue to apply unless the parties agree or the arbitral court decides that a change to the general routine is necessity .
Article 69 Context Reference
The relevant provisions in the other Chapters of these Rules shall apply to matters not covered in this chapter .
Chapter V Special Provisions for Hong
Kong Arbitration
Article 70 Application
1. CMAC has established the CMAC Hong Kong Arbitration Center in the Hong Kong Special administrative Region. The provisions of this Chapter shall apply to arbitration cases accepted and administered by the CMAC Hong Kong Arbitration Center .
2. Where the parties have agreed to submit their disputes to the CMAC Hong Kong Arbitration Center for arbitration or to CMAC for arbitration in Hong Kong, the CMAC Hong Kong Arbitration Center shall accept the arbitration application and administer the font .
Article 71 Place of Arbitration and Law Applicable to the
Arbitral Proceedings
Unless differently agreed by the parties, for an arbitration administered by the CMAC Hong Kong Arbitration Center, the station of arbitration shall be Hong Kong, the law applicable to the arbitral proceedings shall be the arbitration law of Hong Kong, and the arbitral award shall be a Hong Kong award .
Article 72 Decision on Jurisdiction
An objection to an arbitration agreement and/or the legal power over an arbitration sheath shall be raised in writing no later than the submission of the first substantial defensive structure .
The arbitral court shall have the power to determine the universe and validity of the arbitration agreement and its legal power over the arbitration case .
Article 73 Nomination or Appointment of Arbitrator
The CMAC Panel of Arbitrators in effect shall be recommended in arbitration cases administered by the CMAC Hong Kong Arbitration Center. The parties may nominate arbitrators from outside the CMAC ’ mho Panel of Arbitrators. An arbiter so nominate shall be subject to the ratification of the Chairman of CMAC .
Article 74 Interim Measures and Emergency Relief
1. Unless otherwise agreed by the parties, the arbitral court has the power to rate appropriate interim measures at the request of a party .
2. Where the arbitral court has not however been formed, a party may apply for hand brake interim relief pursuant to the CMAC Emergency Arbitrator Procedures ( Appendix III ) .
Article 75 Seal on the Award
The seal of the CMAC Hong Kong Arbitration Center shall be affixed to the arbitral award .
Article 76 Arbitration Fees
The CMAC Arbitration Fee Schedule II ( Appendix II ) shall apply to the arbitration cases accepted and administered in accord with this chapter .
Article 77 Context Reference
The relevant provisions in the other Chapters of these Rules shall apply to matters not covered in this chapter
Chapter VI Supplementary Provisions
Article 78 Language
1. Where the parties have agreed on the language of arbitration, their agreement shall prevail. In the absence of such agreement, the linguistic process of arbitration to be used in the proceedings shall be taiwanese. CMAC may besides designate another lyric as the language of arbitration having regard to the circumstances of the encase .
2. If a party or its representative ( second ) or witness ( east ) requires interpretation at an oral hear, an spokesperson may be provided either by the Arbitration Court or by the party .
3. The arbitral court or the Arbitration Court may, if it considers it necessary, require the parties to submit a comparable translation of their documents and tell into chinese or early languages .
Article 79 Arbitration Fees and Costs
1. apart from the arbitration fees charged in accordance with its Arbitration Fee Schedule, CMAC may charge the parties for any other extra and fair actual costs, including but not limited to arbitrators ’ particular remuneration, their travel and accommodation expenses incurred in dealing with the case, date fees of stenographers, a well as the costs and expenses of experts, appraisers or interpreters appointed by the arbitral court. The Arbitration Court shall, after hearing from the arbiter and the party concerned, determine the arbiter ’ s particular wage with reference point to the standards of arbitrators ’ fees and expenses set forth in the CMAC Arbitration Fee Schedule II ( Appendix II ) .
2. Where a party has nominated an arbiter but fails to advance a deposition for such actual costs as the especial wage, locomotion and accommodation expenses of the appoint arbiter within the meter period specified by CMAC, the party shall be deemed not to have nominated the arbiter .
3. Where the parties have agreed to hold an oral listening at a set other than the dwelling of CMAC or its Shanghai Headquarters/sub-commission/arbitration center field, they shall advance a deposit for the actual costs such as travel and accommodation expenses incurred thereby. In the consequence that the parties fail to do therefore within the time period specified by CMAC, the oral hearing shall be held at the dwelling of CMAC or its Shanghai Headquarters/sub-commission/arbitration center .
4. Where the parties have agreed to use two or more than two languages as the languages of arbitration, or where the parties have agreed on a three-arbitrator court in a subject where the summary Procedure shall apply in accordance with Article 61 of these Rules, CMAC may charge the parties for any extra and reasonable costs .
Article 80 Interpretation
1. The headings of the articles in these Rules shall not be construed as interpretations of the contents of the provisions contained therein .
2. These Rules shall be interpreted by CMAC .
Article 81 Coming into Force
These Rules shall be effective as of October 1, 2018. For cases administered by CMAC or its Shanghai Headquarters/sub-commissions/arbitration centers before these Rules come into impel, the Arbitration Rules effective at the time of acceptance shall apply, or where both parties agree, these Rules shall apply .
Appendix I
Directory of China Maritime Arbitration Commission and its Shanghai Headquarters/Sub-Commissions/Arbitration Centers
China Maritime Arbitration Commission (CMAC)
add : 16/F, CCOIC Building, No.2 Huapichang Hutong ,
Xicheng District, Beijing, 100035, P.R.China
Tel : 86 10 82217900, 82217767/7923
fax : 86 10 82217966
e-mail : cmac @ cmac.org.cn
web site : hypertext transfer protocol : //www.cmac.org.cn
CMAC Shanghai Headquarters
lend : room 1301,1314, Tomson Commercial Building ,
710 Dongfang Road, Pudong New Area ,
Shanghai, 200122, P.R.China
Tel : 86 21 58200329, 50810729
facsimile : 86 21 50810965
e-mail : cmac-sh @ cmac-sh.org
CMAC Tianjin Maritime Arbitration Center
(Tianjin Sub-Commission)
total : 1803/1804,18F, Wanhai Building, Tianjin Wanda Center ,
the Intersection of Six weft Road and No.8 Dazhigu Road ,
Hedong District, Tianjin, 300170, P.R.China
Tel : 86 22 66285688
fax : 86 22 66285678
electronic mail : tianjin @ cietac.org
CMAC Southwest Sub-Commission
add : 15F, No.1 Lifan Center, Juxianyan Plaza, Jiangbei Distirct ,
Chongqing, 400024, P.R.China
Tel : 86 23 67860011
facsimile : 86 23 67860022
e-mail : cietac-sw @ cietac.org
CMAC Hong Kong Arbitration Center
Add : unit 4705, 47th Floor, Far East Finance Center ,
No.16 Harcourt Road, Hong Kong
Tel : 852 25298066
facsimile : 852 25298266
e-mail : hk @ cietac.org
CMAC Fujian Sub-Commission
Add : unit 1602, 16/F, Time Plaza Yango, 357 Xiangban Street ,
CBD, North Minjiang, Taijiang District, Fuzhou City ,
Fujian Province, 350002, P. R. China
Tel : 86 591 87600275
fax : 86 591 87600330
web site : hypertext transfer protocol : //www.cietacfj.org
CMAC South China Sub-Commission
add : 14A01, Anlian Plaza, No. 4018, Jintian Road ,
Futian District, Shenzhen, 518026, P.R.China
Tel : 86 755 82796739
facsimile : 86 755 23964130
electronic mail : infosz @ cietac.org
CMAC (Zhejiang) Pilot Free Trade Zone Arbitration Center
Add : No. 619 Dingshen Road, Lincheng, Zhoushan city ,
Zhejiang Province, 316000, P.R.China
( Block A, Ganghang International Building of Zhoushan )
Tel : 86 580 2027765
facsimile : 86 580 2027765
electronic mail : cmaczj @ cmac.org.cn
