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Chapter Ⅰ General Provision
Article 1. In order to impartially and promptly arbitrate civil and commercial disputes and thereby protect the parties' legitimate rights and interests, Qingdao Arbitration Commission (hereinafter referred to as the Arbitration Commission) formulated these Rules in accordance with the Arbitration Law of the People's Republic of China (hereinafter referred to as the Arbitration Law) and with relevant provision of the Civil Procedure Law of the People' Republic of China (hereinafter referred to as the Civil Procedure Law).
Article 2. Contractual disputes and other property rights and interests disputes between natural persons, legal persons and other organizations which have equal status may be submitted for arbitration to the Arbitration Commission in accordance with the law.
The following disputes should not be referred to the Arbitration Commission for arbitration:
(1) disputes arising from matrimony, adoption, guardianship, support or inheritance;
(2) administrative disputes which should be resolved by relevant administrative organ pursuant to relevant law;
(3) labor disputes;
(4) agricultural contract disputes arising within the agricultural collective economic organization.
Article 3. The Arbitration Commission takes cognizance of cases when the parties have reached an arbitration agreement out of their own will.
Article 4. An arbitration agreement means an arbitration clause stipulated by the parties in their contract of a written agreement or a supplementary agreement concluded by the parties in other forms to submit their dispute for arbitration before or after the occurrence of the dispute.
The arbitration agreement shall have the following contents:
(1) the intention to resolve the dispute by means of arbitration;
(2) the dispute to be arbitrated;
(3) the intention to submit the dispute to the Arbitration Commission.
Article 5. An arbitration agreement exists independently and separately from the contract. The validity of the arbitration agreement shall not be affected by the modification, rescission, termination or invalidity of the contract.
Article 6. The Arbitration Commission has the power to decide on the validity of a contract and the jurisdiction of the arbitration cases.
Article 7. If a party challenges the validity of an arbitration agreement, he may request the Arbitration Commission or the People's Court to make a decision.If a party requests the Arbitration Commission to make a decision， and the other party applies to the People's Court for a ruling, the latter's ruling shall prevail.
Any challenges to the validity of the arbitration agreement shall be raised before the first hearing conducted by the arbitration tribunal; if no challenges are raised before the first hearing, it shall be deemed that the parties have agreed to submit their dispute to the Arbitration Commission for arbitration. If oral hearings are omitted at the request of the parties or with their consent the challenges shall be raised before the first submission of the written defense .
Article 8. In case the parties had applied to the original arbitration institutions of Qingdao for arbitration before the Arbitration Law came into force, then they may apply to the Arbitration Commission for arbitration with their original arbitration clause or arbitration agreement.
Article 9. Once the parties agreed to submit their disputes to the Arbitration Commission for arbitration, it shall be deemed that they have agreed to conduct arbitration in accordance with these Rules. If any other request arise, it shall be agreed to by the Chairman of the Arbitration Commission.
Chapter Ⅱ Application and Acceptance
Article10. The Claimant shall satisfy the following requirements when applying for application:
(1) the arbitration agreement relied upon by the Claimant;
(2) the Claimant's claim and the facts and reasons on which his claim is based;
(3) within the Arbitration Commission's cognizance.
Article 11. When applying for arbitration, the Claimant shall submit the arbitration agreement and Application for Arbitration to the Arbitration Commission and a copy of Application for Arbitration to each Respondent.
Article 12. The following shall be specified in the Application for Arbitration:
(1) the name, gender, age, occupation, work unit and address of the Claimant, those of the Respondent and the attorney, name and address of legal persons or other organizations, with the names and rank of their legal representatives or person in charge;
(2) the Claimant's claim and the facts and reasons on which his claim is based;
(3) the evidence and its origin, the name and address of the witness.
The Application for Arbitration shall be signed or stamped by the Claimant or the attorney authorized by the Claimant.
Article 13. The Arbitration Commission shall, immediately or within 5 days from the date of receipt of the Application for Arbitration, decide whether to accept the case. If the Arbitration Commission, after examination, deems that the Claimant has satisfied all the Arbitration Commission's requirements, a Notice of Arbitration shall be served to the Claimant. If the Arbitration Commission deems that the Claimant has not satisfied all the requirements, they shall serve a written notice to the party of not taking cognizance of the case with the relevant reasons.
After receipt of the Application for Arbitration and when the Arbitration Commission, after examination, deems that the Application for Arbitration is not in conformity with Article 12 of these Rules, the Arbitration Commission shall require the Claimant to correct and complete the application. If the party does not correct and complete the application within a specified period, it shall be deemed as invalid.
Article 14. The Arbitration Commission shall, within 10 days as from the date of taking cognizance of a case, serve an Arbitration Rules and a Panel of Arbitrators to the Claimant, and one copy of the Application for Arbitration, the Arbitration Rules and the Panel of Arbitrators to the Respondent.
The Respondent shall, within 15 days from the date of receipt of the Application for Arbitration, submit his written defense to the Arbitration Commission. The Arbitration Commission shall, within 5 days from the date of receipt of the written defense, serve the copy of the written defense to the Claimant. The arbitration proceedings shall not be affected in case the Respondent fails to file his defense in writing.
Article 15. The Claimant shall, from the date of receipt of the Notice of Arbitration, pay the arbitration fee in advance to the Arbitration Commission according to the Arbitration Fee Schedule and the Rules of the Arbitration Commission, and pay the expenses which will be reasonably incurred in dealing with the case according to relevant rules.
The Claimant having difficulty in paying the arbitration fee in advance may postpone paying the fee if he has duly requested and the request has been approved by the Chairman of the Arbitration Commission.
The Claimant not paying the arbitration fee in time as stipulated in the first paragraph of this article and not duly requesting a postponement as well,or not paying the arbitration fee in time as stipulated in the request for postponement which has been approved by the Arbitration Commission, shall be deemed to have withdrawn his application.
Article 16. The Claimant may request to withdraw or to modify his arbitration claim. The Respondent may acknowledge or disprove the claim, and may lodge a counterclai. The request to modify the claim or to file a counterclaim shall be raised before the end of the last oral hearing;it may be raised after the end of the last hearing if the Arbitration Commission deems that the reasons for the request are justified.
The Arbitration Commission shall, within 5 days from the date of receipt of the Respondent's written statement of counterclaim, decide to accept the case if the Arbitration Commission, after examination, deems that the counterclaim statement has satisfied all the Arbitration Commission's requirements, and thereafter serve a written counterclaim to the Claimant. If the Arbitration Commission deems that the Respondent's counterclaim has not satisfied all the requirements, they shall serve a written notice of not taking cognizance of the case with the relevant reasons to the party.
The Claimant shall, within 15 days from the date of receipt of the copy of the written statement of counterclaim, submit his written defense to the Arbitration Commission. The arbitration proceedings shall not be affected in case the Claimant fails to submit an written defense again the Respondent's counterclaim.
Article 17. A party may applies for property preservative measures when he deems that the arbitral award may not be executed or may be difficult to enforce because of the other party's acts or other reasons.
Where a party applies for preservative measures, the Arbitration Commission shall transmit the party's application for a ruling to the People's Court in accordance with the Civil Procedure Law.
Article 18. The parties and legal representatives may authorize lawyers or other agents to deal with the matters relating to arbitration, the authorized attorney must submit a Power of Attorney to the Arbitration Commission.
The Power of Attorney shall be specified with matters and scope of authority. If the parties modify or terminate the authorized agent's authorized matters and scope of authority, they shall submit a written statement to inform the Arbitration Commission. The arbitration procedure shall not be affected by the alternation of authorized agent or the scope of authority.
Chapter Ⅲ Formation of Arbitration Tribunal
Article 19. There shall be three arbitrators or one arbitrator to form an arbitration tribunal. An arbitrator shall be appointed as the presiding arbitrator if there are three arbitrators.
Article 20. When the parties have agreed to have three arbitrators to form an arbitration tribunal, each of the parties shall appoint one arbitrator or entrust the Chairman of the Arbitration Commission to make such appointment. The third arbitrator shall be jointly appointed by the parties or appointed by Chairman of the Arbitration Commission upon the parties' joint authorization.
When the parties have agreed to have one sole arbitrator, the arbitrator shall be appointed jointly by the parties or by Chairman of the Arbitration Commission upon the parties' joint authorization.
If the parties fail to jointly appoint the formation of the arbitration tribunal and arbitrator(s), the Chairman of the Arbitration Commission has the right to appoint the formation of the arbitration tribunal and arbitrator(s).
Article 21. When there are two or more Claimants or two or more Respondents in an arbitration case, the Claimants' side an /or the Respondents' side each shall, through consultation, 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 within the time limit, the appointment shall be made by the Chairman of the Arbitration Commission.
Article 22. In case the parties fail to agree on the number of the arbitrator or appoint the arbitrator(s) within 10 days from the date of receipt of the Notice of Arbitration or Notice of Defense, the Chairman of the Arbitration Commission shall make the appointment.
After the Arbitration Commission deems that the Arbitration Commission has the jurisdiction of the case, if the parties fail to agree on the formation of the arbitration tribunal and fail to appoint the arbitrator(s) within the time limit which was stated in the Notice of Defense , the parties shall appoint the formation of the arbitration tribunal or select the arbitrator(s) within 3 days from the date of receipt of the letter of decision. The parties fails to agree on the formation of the arbitration or select the arbitrator(s) within the above stated time limit, and failed to entrust the Director of the Arbitration Commission to make such an appointment, the Director of the Arbitration Commission shall appoint the formation of the arbitration and the arbitrator(s).
Article 23. After the arbitration tribunal is formed, the Arbitration Commission shall send a written notice of the formation of the arbitration tribunal to the parties.
In case an appointed arbitrator cannot perform his/her duty owing to the following situations, the party or parties shall, from the date of receipt of the notice from the Arbitration Commission reappoint the substitute arbitrator(s) in accordance with Article 20, Article 21 and Article 22 of these Rules:
(1) he cannot deal with the case because of being on a business trip in China or being abroad;
(2) he cannot conduct arbitration because of healthy condition;
(3) he should remove from his office for legal reasons;
(4) there are other reasons that cause the arbitrator(s) unable to perform his duty.
Article 24. If an arbitrator is in such a condition as follows, he shall, as the parties have the right to request him to, remove from his office:
(1) he is a party of the case or a close relative of a party or of his/her agent;
(2) he has a personal interest in the case;
(3) he has other relations with a party or his/her agent, which may affect the impartiality of the arbitration;
(4) he meets a party or his/her agent personally or takes bribes.
Article 25. A party requesting the removal of an appointed arbitrator from his office shall give the reasons and put forward the request no later than the first oral hearing. If the reasons for the request are made known after the first oral hearing, the request may be raised after the first hearing but before the end of the last hearing.
Article 26. The Chairman of the Arbitration Commission shall decide whether to approve the request for the removal of an appointed arbitrator from his office. The Arbitration Commission Conference shall decide on the approval of the request in case the Chairman acts as the arbitrator.
Article 27. In case the arbitrator appointed by the parties fails to perform his duty owing to his withdrawal or any other reasons, the parties shall reappoint a substitute arbitrator within 5 days from the date of receipt the notice. If the parties do not appoint the arbitrator within the time limit, the Chairman of the Arbitration Commission shall make the appointment. The arbitrator originally appointed by the Chairman of the Arbitration Commission fails to perform his duty, the Chairman of the Arbitration Commission shall reappoint a substitnte arbitrator. The Arbitration Commission shall notify the parties in writing of the reappointed situation.
After the appointment of the substitute arbitrator, the arbitration tribunal has discretion to decide whether or not to repeat the previous hearings at the parties'request. The tribunal may also decide by itself whether the previous hearing shall be repeated.
Article 28. The arbitrator should not disclose the substantive and procedural matters of the case to the outsiders.
Chapter Ⅳ Hearing and Award
Article 29. The arbitration tribunal shall hold oral hearings. With both parties' consent, oral hearings may be omitted and thus the arbitration tribunal shall examine the case and make an award on the basis of the Application for Arbitration, written defense and other documents.
Article 30. Arbitration shall not hear cases in open session. If both parties have agreed, a hearing may be held in open session except the national secrets involved.
Article 31. The notice of the date of hearing shall be communicated by the Arbittion commission to the parties 5 days before the date of the hearing. The arbitration tribunal may hold the hearing ahead of the fixed time with both parties' consent. A party having justified reasons may request a postponement of hearing. His request must be submitted to the Arbitration Commission 3 days before the date of the hearing and the arbitration tribunal shall decide whether to postpone the hearing or not.
The notice of the date of the hearing subsequent to the first hearing is not subject to the 5-day time limit required.
Article 32. The Claimant should be present at the hearing as informed by the arbitration tribunal. In case the Claimant having no justified reasons fails to appear at the hearing or leaves the hearing before the end of it without the permission of the arbitration tribunal, the arbitration tribunal shall deems that the Claimant has withdrawn his Application for Arbitration. Should the Respondent, having no justified reasons, fail to appear at the hearing fore the tribunal or leave the hearing before the end of it without the permission of the arbitration tribunal, the arbitration tribunal shall make an award by default.
Article 32 is applicable to the counterclaim.
Article 33. The parties shall produce evidence to support his claim.
The parties shall classify, edit and revise the provided evidence, and make brief statement of the source of evidence, object and content of proof, and the name of the submitter and the date of submission.
Article 34. For objective cause that the parties and agents thereof could not collect evidence on their own, after the parties submit the application for undertaking investigation and collecting evidence and offer the clue of the evidence, the arbitration tribunal may collect vidence for the parties as it considers necessary.
Article 35. The arbitration tribunal may consult an expert or appraiser appointed by either the parties or the arbitration tribunal itself for the clarification of special questions relating to the case if it deems it necessary.
At the request of any party to the case or with demand of the arbitration tribunal, the expert or appraiser should be present at the hearing. With the approval of the arbitration tribunal, the parties may question the appraiser.
Article 36. The evidence could be cognized as grounds for the facts after the cross-examination at the hearing and verification by the arbitration tribunal. The evidential materials that the parties submit after the commencement of the hearing, upon the evidence materials has been served to the parties and reasonable cross-examination time limit, could be cognized as the basis of the facts.
Article 37. The originals should be submitted as documentary evidence and material evidence. In case it is difficult to submit the originals, the parties can submit duplications, photos, copies and extracts, and the source of the aforesaid items shall be contained.
Article 38. In case the evidence may be missing or be difficult to get later on, a party may apply for taking interim measures for the protection of evidence.
The Arbitration Commission shall then transmit the party's application for a ruling to the primary people's court in the place where the evidence is located.
Article 39. The parties have the right of debate during the arbitration proceedings. At the end of debate, the presiding arbitrator or the sole arbitrator shall ask the parties for their final opinions.
Article 40. The arbitration tribunal shall make a record in writing during the hearing. If the parties or other persons involved deem that there are omissions or errors in the record, they may make a request to the arbitration tribunal for rectification, the arbitration tribunal shall take down the request if it refuses to rectify the record.
The arbitrator(s), the parties, other persons involved and the recorder shall sign their names on the record or affix their seals to it.
Article 41. If the parties to arbitration case reach an amicable settlement by themselves after submitting the Application for Arbitration, they may either request a dismissal of the case or request the arbitration tribunal to make an award in accordance with the contents of their amicable settlement agreement to end the case.
Article 42. If a party goes back on the amicable settlement agreement previously made after the dismissal of the case, he may submit his Application for Arbitration in accordance with the arbitration agreement.
Article 43. The arbitration tribunal may conciliate the case under its cognizance before making of the arbitral award. If both parties have a desire for conciliation, the arbitration tribunal should conciliate the case. Should conciliation fail, the arbitration tribunal shall timely render the arbitral award.
Should the parties reach an amicable settlement agreement through conciliation conducted by the arbitration tribunal, the arbitration tribunal shall make a conciliation statement or an arbitral award in accordance with the contents of the settlement agreement. The conciliation statement and the arbitral award have equal legal effect.
Article 44. The arbitration tribunal shall state in the conciliation statement the claim and the result of conciliation. The conciliation statement should be signed by the arbitrator(s) and the Arbitration Commission's stamp shall be affixed to it and then be sent to both parties.
Once the conciliation statement is served and the parties signed on the receipt,it shall become legally effective.
If one or two parties retract their conciliation agreement before the conciliation statement is served and signed, the arbitration tribunal should timely make an award.
Article 45. The arbitral award shall be decided by majority of the arbitrators, and the minority opinion may be taken down in the record. When the arbitration tribunal cannot attain a majority opinion, the arbitral award shall be decided in accordance with the presiding arbitrator's opinion.
Article 46. In the lourse of arbitration,the arbitration tribunal may make a partial award on any issue of the case if the fact of the issue is clear. The arbitration proceedings shall not be affected in case one party fails to execute the partial award.
Article 47. The arbitration tribunal shall render an arbitral award within 3 months as from the date on which the Claimant modifies his claim o the Respondent lodges his counterclaim.
In case the Claimant modifies his claim and/or the Respondent files a counterclaim, the arbitral award should be rendered within 3 months as from the date on which the Claimant modifies his claim or the Respondent lodges his counterclaim.
If appraisement or audition is necessary in a case, the time for appraisement or audition is not included in the 3-month time limit.
When there are specific reasons for extension of the 3-month time limit, the presiding arbitrator or the sole arbitrator may make a request. The Arbitration Commission may extend the 3-month time limit if the Chairman of the Arbitration Commission deems that the reasons for extension are jutisfied.
Article 48. The arbitration tribunal shall state in the arbitration award the claims, the facts of the dispute, the reasons on which the arbitral award is based, the result of the arbitral award, the allocation of the arbitration costs and the date on which the arbitral award in made.
The facts of the dispute and the reasons on which the arbitral award is based may not be stated in the arbitral award if the parties have agreed not to state them in the arbitral award.
Article 49. The arbitral award shall be signed by the arbitrator(s), and the Arbitration Commission's stamp shall be affixed to it.
The arbitrator(s) who has a dissenting opinion to the arbitral award may sign or not sign his name on it.
Article 50. The arbitral award shall come into legal effect from the date on which the arbitral award is made.
Article 51. The arbitration tribunal shall make a rectification to the wording or calculating errors and take down things that have been awarded but thereafter omitted in the arbitral award. In case things of the parties' application for arbitration that should be awarded have not been awarded by the arbitration tribunal and therefore are omitted in the arbitral award, the arbitration tribunal shall make an additional award.
In the aforesaid situation exists in an arbitral award, the parties may request the arbitration tribunal in writing from the date of receipt of the arbitral award for rectifying it or making an additional award.
The rectification in writing and the additional award are a part of the arbitral award which has been previously issued.
Article 52. Either party may make a request to Qingdao Intermediate People's court for setting aside the arbitral award within 6 months from the date of receipt of the arbitral award if
entrust the Chairman of the Arbitration Commission to make such appointment, the Chairma of the Arbitration Commission may immediately appoint one arbitrator to form the arbitration tribunal.After the arbitration tribunal is formed, the arbitrator shall hear the case concisely and promptly. The time limit and method of hearing may not be pursuant to Chapter 2, Chapter3 and Chapter4 of these Rules.
Article 56. The modified arbitration claim or counterclaim which is filed by the parties does not affect the proceedings of the Summary Procedure.
Article 57. The arbitration tribunal shall render an award within 2 months from the date of the formation. The time limit could be extended by the approval of the Director of the Arbitration Commission if necessary.
Chapter Ⅵ Special Provisions for Foreigninvolved Arbitration
Article 58. Provisions of this Chapter shall be applied to one or two parties are foreign citizens, legal person or other organization. In case there is no provision in this Chapter, provisions of other chapters shall be applied.
For parties from Hong Kong, Macao and Taiwan, this Chapter shall be applied.
Article 59. The parties shall agree on the number of the arbitrator and appoint the arbitrator(s) or entrust the Chairman of the Arbitration Commission to make such appointment within 30 days from the date of receipt of the Notice of Arbitration or the Notice of Defense. In case the parties fail to make such appointment within the time limit, the Chairman of the Arbitration Commission may make such appointment.
Article 60. The Respondent shall submit his written defense within 30 days from the date of receipt of the Application for Arbitration. In case the Respondent files a counterclaim, the Claimant (Respondent to the counterclaim) shall also submit a written defense to the counterclaim within 30 days from the date of receipt of the counterclaim. The Arbitration Commission shall, within 15 days from the date of receipt of the written defense, serve the copy of the written defense to the Claimant or the Respondent. The arbitration proceedings shall not be affected in case the Respondent or the Claimant fails to file the defense in writing.
Article 61. The notice of the date of hearing shall be communicated by the Arbitration Commission to the parties 15 days before the date of hearing. The arbitration tribunal may hold the hearing ahead of the fixed time with both parties' consent. A party having justified reasons may request a postponement of the date of the hearing. The request must be communicated to the Arbitration Commission 5 days before the date of hearing. The arbitration tribunal shall decide whether to postpone the hearing or not.
Article 62. The arbitration tribunal shall render an arbitral award within 6 months as from the date on which the arbitration tribunal is formed.
In case the Claimant modifies his claim or the Respondent files a counterclaim, the arbitral award should be rendered within 6 months as from the date on which the Claimant modifies his claim or the Respondent files his counterclaim.
If appraisement or audition is necessary in a case, the time for the appraisement or audition is not included in the 6-month time limit.
When there are specific reasons for extension of the 6-month time limit, the presiding arbitrator or the sole arbitrator may make a request. The Arbitration Commission may extend the 6-month time limit if the Chairman of the Arbitration Commission deems that the reasons for extension are justified.
Chapter Ⅶ Supplementary Provisions
Article63. The prescription of arbitration stipulated by relevant laws shall be applicable. In case there is no arbitration prescription stipulated by relevant laws, the prescription of action should be applied.
Article 64. The Chinese language is the working language of the Arbitration Commission. The arbitration tribunal has discretion on the working language of a case according to the opinion of the parties or the special circumstances of the case.
If the evidential documents are in a foreign language, the parties should hand in the corresponding translation copies in Chinese language. The parties may be required to submit the corresponding translation copies in other language if the Arbitration Commission deems it necessary.
Translation or interpretation of language may be provided at the hearing by the Arbitration Commission if the parties request and pay the cost.
Article 65. The Arbitration document, Notice and written material may be served to the parties or their agents in person, or by mail, cable and electric facsimile transmit.
A receipt shall be required for every arbitration document that is served in person and it shall bear the date of receipt and the addressee's signature or seal. The date of receipt as signed by the addressee shall be regarded as the date that the document is served; the date of receipt as signed by the addressee on the receipt shall be regarded as the date of service if the document is delivered by mail.
Article66. In case the party's place of business, habitual residence or mailing address can not be found after making a reasonable inquiry, the written communication to the parties is deemed to have been properly served if there is a record of delivering it to the addressee's last known place of business, habitual residence or mailing address by registered letter or any other reasonable means.
Article67. The arbitration time period shall be calculated by the day, the month and the year. The day from which a time period begins shall not be counted as within the time period.
In case the last day prior to the expiration of the period is vacation or holiday, the first day after the vocation or holiday shall be regarded as the expiration date.
A time period shall not include traveling time. The arbitration documents that are mailed before a deadline shall not be regarded overdue.
Article 68. If a party fails to meet a deadline due to force majeure or for other justified reasons, he may apply for an extension of the time limit within 10 days after the obstacle is removed. The requested extension shall be subjected to approval by the arbitration tribunal.
Article 69. A party who knows or should have known that any provision of these Rules has not been complied with and not explicitly raise in writing his objection to non-compliance in a timely manner shall be deemed to have waived his right to object.
Article 70. The power to interpret these Rules is vested in the Arbitration Commission.
Article 71. These Rules shall come into force from the date of September 12, 2001. For cases accepted by the Arbitration Commission before the date of the enforcement of these Rules, the arbitration rules applied at the time of acceptance of the case shall apply. these Rules may also be applied with both parties' consent.
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