XIAMEN ARBITRATION COMMISSION

ARBITRATION RULES

CONTENTS

Chapter  I  GENERAL PROVISIONS

       Article 1            Formulation of Rules

         Article 2 Name and Structure

         Article 3 jurisdiction

         Article 4 Scope of Application

Chapter II  ARBITRATION AGREEMENT

      Article 5              Form of Arbitration Agreement

       Article 6      Independence of Arbitration Agreement

       Article 7      Objection to Arbitration

Chapter III  APPLICATION AND ACCEPTANCE

      Article 8      Application for Arbitration

       Article 9      Acceptance of Case

       Article 10    Statement of Defense

       Article 11     Abandonment or Amendments of Claim or Counterclaim

       Article 12     Property Preservation  

       Article 13    Evidence Preservation

       Article 14     Representation

       Article 15     Copies of Submissions

Chapter IV  ARBITRAL TRIBUNAL

      Article 16     Composition of Arbitral Tribunal

       Article 17     Way of Formation Arbitration Tribunal

       Article 18     Notice on Formation of Arbitral Tribunal      

       Article 19     Position of Arbitrator

       Article 20     Disclosure of Arbitrator

       Article 21     Withdrawal from Office by Arbitrator

       Article 22     Replacement of Arbitrator

Chapter V  HEARING  

      Article 23     Conduct of Hearing

       Article 24    Measures Taken in Arbitration Proceedings

       Article 25     Consolidated Hearing

       Article 26     Duty of Confidentiality

       Article 27     Place of Oral Hearing

       Article 28     Notice of Oral Hearing

       Article 29     Default

       Article 30     Order of Oral Hearing

       Article 31     Burden of Proof

       Article 32     Providing Evidence      

       Article 33     Collection of Evidence by the Arbitral Tribunal

       Article 34     Auditing, Verification, Assessment, Appraisal and Inspection

       Article 35     Experts Consultation    

       Article 36     Examination and Acknowledgment of Evidence

       Article 37     Debate and Final Statement

       Article 38     Record of Oral Hearing

       Article 39     Combination of Conciliation with Arbitration

       Article 40     Withdrawal of Application for Arbitration      

Chapter VI ARBITRAL AWARD

      Article 41     Arbitral Decision

       Article 42     Time Limit for Rendering of Arbitral Award

       Article 43     Rendering of Award

       Article 44     Interim  and  Partial Arbitral  Award

       Article 45     Bearing of Costs    

       Article 46     Additional  Award and Error Correction

       Article 47     Re-Arbitration

Chapter VII SUMMARY PROCEDURE

      Article 48     Application of Summary Procedure

       Article 49     Formation of Arbitral Tribunal

       Article 50     Time Periods for Filing of Statement of Defense and Counterclaim

      Article 51     Change of Procedure

       Article 52     Time Limit for Award

       Article 53     Application of Other Provisions of these Rules

Chapter VIII LIMITATION AND SERVICE OF DOCUMENTS

      Article 54     Limitation  

       Article 55     Time Periods

       Article 56     Ways of Service

       Article 57     Service Address

       Article 58     Date of Service

Chapter IX     SUPPLEMENTARY PROVISIONS

      Article 59     Languages

       Article 60     Official Text of Rules

       Article 61     Interpretation  

       Article 62     Coming into Force

CHAPTER I  GENERAL PROVISIONS

Article 1 Formulation of Rules

These Rules are formulated in accordance with the Arbitration Law of the People's Republic of China (hereinafter referred to as “Arbitration Law”) with a purpose of standardizing arbitration activities of the Xiamen Arbitration Commission, guaranteeing the impartial and prompt trial of arbitration cases and protecting the legitimate rights and interests of the parties to the case.

Article 2 Name and Structure

1.           XIAMEN ARBITRATION COMMISSION (hereinafter “this Commission”) is established in Xiamen City, Fujian Province, People’s Republic of China.

2.           This Commission is composed of one Chairman, two to four Vice-Chairmen and seven to eleven members. The Chairman of this Commission shall perform the functions and duties vested in him / her by the Arbitration Law and these Rules while a Vice-Chairman or Secretary-General may perform the Chairman's functions and duties with the Chairman's authorization.

3.           This Commission has a Secretariat, which handles its routine work under the direction of its Secretary-General.

4.           This Commission may, at its discretion, establish arbitration centers for specific industry and professions and issue arbitration rules therefor.

5.           This Commission may, where necessary, establish Sub-Commissions.

6.           This Commission appoints its arbitrators from among just and upright persons of specialists in the fields of law, economics, trading, science and technology and persons with practical experiences in accordance with the conditions as stipulated by the Arbitration Law. This Commission establishes a Panel of Arbitrators, and may, at its discretion, establish Panels of Arbitrators for specific industry or profession.

Article 3 Jurisdiction

1.               Disputes arising out of or relating to any contract or property rights and interests between natural persons, legal persons and other organizations (hereinafter “the parties”) that are equal subjects in law may be submitted to this Commission for settlement through arbitration.

2.               Disputes falling within the following categories shall not be accepted by this Commission for arbitration:

(1)     disputes arising out of marriage, adoption, guardianship, support and inheritance;

(2)     administrative disputes that, according to law, should be handled by administrative authorities;

(3)     labor disputes; and

(4)     agricultural contractual disputes arising between contractors and rural economic collectives.

Article 4 Scope of Application

1.           These Rules shall be applied to the arbitration whenever the parties have provided for arbitration by this Commission. Where the parties agree to refer their dispute to arbitration under the arbitration rules of this Commission for a specific industry or profession, and the dispute falls within the application scope of such rules, the parties’ agreement shall prevail. Where the parties agree in writing to modify these Rules, the parties’ agreement shall prevail subject to the consent of this Commission or the arbitral tribunal.

2.           During the arbitral proceedings, where parties enter into an agreement on the modification of these Rules and this Commission or the arbitral tribunal consents, or parties, with the arbitral tribunal’s consultation, raise no objections to the arrangement made by the arbitral tribunal regarding arbitral procedural matters, the tribunal shall make a written record which shall be binding upon parties.

3.  A party shall be deemed to have waived its right to object where it knows or should have known, during the arbitral proceedings, that any provision or condition of these Rules has not been complied with and yet participates in or proceeds with the arbitration proceedings without promptly and explicitly submitting its objection in writing to such non-compliance.

Chapter II  ARBITRATION AGREEMENT

Article 5 Form of Arbitration Agreement

1.           The arbitration agreement shall be in written form. The term “arbitration agreement” shall mean either an arbitral clause contained in a contract or any arbitration agreement in other written forms. “Written form” refers to a form such as a written contractual agreement, letter, electronic data text (including a telegram, telex, fax, electronic data exchange and e-mail) that can tangibly express the contents contained therein.

2.           The parties shall be deemed to have agreed to refer to this Commission for arbitration whenever the name of arbitration institution as stipulated in an arbitration agreement is the Sub-Commission established by this Commission, the arbitration center for specific industry or profession established by this Commission (including its full name and name in short).

3.           This Commission may accept a case when it can be determined from the writing statement of an arbitration agreement as the specific arbitration institution chosen by the parties, notwithstanding that the name of the arbitration institution as stipulated in such arbitration agreement is of some inaccuracy.

Article 6 Independence of Arbitration Agreement

An arbitration clause contained in a contract shall be treated as a clause independent from the contract The validity of an arbitration agreement shall not be affected by any non-existence, ineffectiveness, modification, rescission, termination, invalidity or revocation of the contract.

Article 7 Objection to Arbitration

1.           An objection to the existence and validity of an arbitration agreement as well as a party’s standing to participate in the arbitration shall be raised in writing before the first oral hearing is held by the arbitral tribunal. Where a case is to be decided on the basis of documents only,, such objection shall be raised in writing within ten (10) days upon parties’ agreement or consent on the omission of oral hearing.

2.           Where a party does not raise any objection according to the provisions contained in the preceding paragraph, it shall be deemed to have waived its right to raise objection and acknowledged the validity of the arbitration agreement and this Commission’s jurisdiction over the case.

3.           Where an objection has been raised by a party to the existence and validity of an arbitration agreement as well as a party’s standing to participate in the arbitration, this Commission shall determine in writing and notify the decision to the parties.

4.           Where parties challenge the validity of an arbitration agreement and one party submits it to this Commission for a decision while the other party brings it before the people's court for an order; or a party submits it to this Commission for a decision and also brings it before the people's court for an order, if this Commission accepts the request for challenge prior to the people's court’s acceptance and has made a decision, such decision shall prevail; Where the people’s court has accepted a request for challenge before this Commission makes any decision after its acceptance of the same request, this Commission shall make no decision.

5.           Where this Commission is satisfied by prima facie evidence that an arbitration agreement providing for arbitration by this Commission exists, it may make a decision based on such evidence that it has jurisdiction over the arbitration case, and the arbitration shall proceed. Such a decision shall not prevent this Commission from making a new decision on jurisdiction based on facts or evidence found by the arbitral tribunal during the arbitration proceedings that are inconsistent with the prima facie evidence.

6.           Any objection as to whether or not the claimed matters fall within the scope as specified in the arbitration agreement shall be raised prior to the conclusion of the debate and examined by the arbitral tribunal for an award to be rendered. Where the parties have no objections, the arbitral tribunal has the power to make an examination on whether or not a party’s claimed matters fall within the scope as specified in the arbitration agreement and render an award accordingly.

Chapter III  APPLICATION AND ACCEPTANCE

Article 8 Application for Arbitration

1.               A party applying for arbitration under these Arbitration Rules shall:

(1)     Submit to this Commission a Request for Arbitration in writing which shall, inter alia, include:

1)          the name, sex, age, occupation, working organization, domicile and contact methods of the parties, or if the party is a legal person or other organization, its name and domicile, and the name, title and contact methods of its legal representative or of the person in charge;

2)          a reference to the arbitration agreement that is invoked;

3)          the arbitration claims and the facts and grounds on which the claim is based; and

4)          the evidence and its source, as well as the names and domiciles of witnesses.

(2)     Submit to this Commission the evidences and the evidence list on which the Request for Arbitration is based.

(3)     Submit to this Commission the identification documents of the Claimant.

(4)     Make payment of the arbitration fee in advance to this Commission in accordance with Collection Measures of this Commission and within the specified time period.

2.               Where a Request for Arbitration submitted is not in conformity with the preceding provisions contained in the Sub-Paragraph (1), (2) and (3) of Paragraph 1, this Commission may request the Claimant to make supplement or correction within a specified time period. The Claimant failing to make supplement or correction upon expiration of specified time period shall be deemed to have withdrawn its Request for Arbitration.

3.               Where a party makes no payment of the arbitration fee in advance, it shall be deemed to have withdrawn its Request for Arbitration. Where a party delays making payment of the arbitration fee in advance, the time at which actual payment of arbitration fee in advance is made shall be deemed to be the time at which for the Request for Arbitration is submitted.

Article 9 Acceptance of Case

1.               Within five (5) days upon receipt of a Request for Arbitration in conformity with the provisions contained in Article 8 of this Chapter, this Commission shall, if it deems that the requirements for acceptance have been satisfied, accept the request and notify the party in writing.

2.               The arbitral proceedings shall commence on the day on which this Commission accepts the Request for Arbitration.

3.               After accepting the Request for Arbitration, this Commission shall promptly send to the Respondent the Notice of Arbitration together with the Request for Arbitration, its evidences and the evidence list submitted by the Claimant, and send to both parties this Commission’s Arbitration Rules and the Panel of Arbitrators.

Article 10 Statement of Defense

Within fifteen (15) days [thirty (30) days for a Respondent having no domicile in the People's Republic of China] upon receipt of the Notice of Arbitration, the Respondent shall file a Statement of Defense and identification documents in writing with this Commission. This Commission shall, after its receipt of the Statement of Defense, promptly send to the Claimant the Statement of Defense.

Article 11 Abandonment or Amendments of Claim or Counterclaim

1.               The Claimant may abandon or amend its claim. The Respondent may either accept or reject the claim and shall be entitled to file its counterclaim and may also abandon or amend its counterclaim.

2.               Within the time period specified in Article 10 of these Rules for filing of Statement of Defense, the Respondent shall file with this Commission its counterclaim, if any, in writing. A counterclaim shall be filed with reference to the provisions contained in Article 8 of this Chapter.

3.               If a counterclaim is filed beyond the specified time period and where an arbitral tribunal has not been formed, this Commission shall decide whether or not to accept the counterclaim. Where an arbitral tribunal has already been formed, the arbitral tribunal shall make the decision.

4.               This Commission shall, upon its acceptance of the counterclaim, promptly send the Statement of Counterclaim, its evidences and list of evidence to the Claimant. The Claimant shall, within fifteen (15) days [thirty (30) days for a Claimant having no domicile in the People's Republic of China] upon its receipt of the Statement of Counterclaim, submit to this Commission in writing its Statement of Defense. Failure of the Claimant to file a Statement of Defense upon expiration of the specified time period shall not affect the arbitral proceedings.

5.               This Commission or the arbitral tribunal may reject a request for amendments to the claim made by a party if it considers that the said request is made too late and may delay the normal progression of the arbitral proceedings.

Article 12 Property Preservation

1.           Where it becomes impossible or difficult to execute an arbitral award because of the acts of the other party or for other reasons, a party may apply for property preservation.

2.           Where a party applies for property preservation, this Commission shall refer the party’s application to the people's court in accordance with relevant provisions of the Civil Procedure Law of the People’s Republic of China by the issuance of a referral letter within two (2) days.

Article 13 Evidence Preservation

1.           Under circumstances where there is a likelihood that evidence may be destroyed or lost or difficult to be obtained later on, a party may apply for evidence preservation.

2.           Where a party applies for evidence preservation, this Commission shall refer the party’s application to the people's court in accordance with relevant provisions of the Civil Procedure Law of the People’s Republic of China by the issuance of a referral letter within two (2) days.

Article 14 Representation

1.               A party may appoint and be represented by one (1) to four (4) authorized representative(s) in conducting activities and handling matters relating to the arbitration.

2.               A Power of Attorney produced by the party shall be forwarded to this Commission by the authorized representative(s). Such Power of Attorney must specify the matters authorized and the limits of authority entrusted. An authorized representative must possess specific authorization from his principal to file, confirm, relinquish or amend the claim or counterclaim, to provide for the way of formation of arbitral tribunal and appoint or jointly authorize the Chairman of this Commission to appoint the arbitrator(s), as well as to institute a compromise or conciliation. A party shall inform this Commission in writing if it changes or revokes the authority of the authorized representative(s).

Article 15 Copies of Submissions

When submitting the Request for Arbitration, the Statement of Defense, the Statement of Counterclaim, evidences and list of evidence, the parties shall make the submissions in quintuplicate. Where there are more than two parties, additional copies shall be provided accordingly. Where the arbitral tribunal is composed of a sole arbitrator, the number of copies submitted may be reduced by two.

Chapter IV  ARBITRAL TRIBUNAL

Article 16 Composition of Arbitral Tribunal

1.               The arbitral tribunal shall be composed of one or three arbitrators. The arbitral tribunal composed of one arbitrator is a sole-arbitrator arbitral tribunal. The arbitral tribunal composed of three arbitrators is a three-arbitrator arbitral tribunal which has a presiding arbitrator.

2.               Within ten (10) days [twenty (20) days for a party having no domicile in the People's Republic of China] upon receipt respectively of the Notice of Acceptance or Notice of Arbitration, the parties shall, either choose the way of composition of arbitral tribunal and appoint the arbitrator(s), or entrust the Chairman of this Commission to make such appointment(s).

3.               The arbitrator(s) shall be appointed or designated from the Panel of Arbitrators provided by this Commission.

Article 17 Way of Formation of Arbitration Tribunal

1.               Where parties reach an agreement on the way of composition of arbitral tribunal, their agreement shall prevail and the arbitral tribunal shall be formed in the following ways:

(1)     Where parties agree on the formation of a three-arbitrator arbitral tribunal, each party shall appoint or entrust the Chairman of this Commission to appoint one arbitrator. Being the presiding arbitrator, the third arbitrator shall be jointly appointed by the parties or by the Chairman of this Commission upon the parties’ joint authorization.

(2)     Where parties agree on the formation of a sole-arbitrator arbitral tribunal, the sole arbitrator shall be jointly appointed by the parties or by the Chairman of this Commission upon the parties’ joint authorization.

(3)     Where parties fail to appoint arbitrator(s) within the time limit specified by these Rules or reach no agreement on the presiding arbitrator or the sole arbitrator, the arbitrator(s) shall be designated by the Chairman of this Commission.

2.               Where parties are unable to agree on the way of composition of arbitral tribunal, such way shall be determined by the Chairman of this Commission on the basis of the specific circumstances of the case and the arbitral tribunal shall be formed in the following ways:

(1)     Where the Chairman of this Commission makes a decision for a sole-arbitrator arbitral tribunal, he / she shall notify the party who wanted a three-arbitrator arbitral tribunal to appoint a sole arbitrator within five (5) days [ten (10) days for a party having no domicile in the People's Republic of China] and decide on the appointment of the member of arbitral tribunal according to the provisions contained in Paragraph 1 of this Article.

(2)     Where the Chairman of this Commission makes a decision for a three-arbitrator arbitral tribunal, he / she shall notify the party who wanted a sole-arbitrator arbitral tribunal to appoint an arbitrator and the presiding arbitrator within five (5) days [ten (10) days for a party having no domicile in the People's Republic of China] and decide on the appointment of the members of arbitral tribunal according to the provisions contained in Paragraph 1 of this Article.

3.               Where a party or both parties fail to agree on the way of composition of arbitral tribunal within the time limit as specified by these Rules, the way of composition shall be determined by the Chairman of this Commission on the basis of the specific circumstances of the case and the arbitral tribunal shall be formed in the following ways:

(1)     Where a decision has been made for a sole-arbitrator arbitral tribunal, an arbitrator shall be designated by the Chairman of this Commission as the sole arbitrator.

(2)     Where a decision has been made for a three-arbitrator arbitral tribunal, the presiding arbitrator shall be designated by the Chairman of this Commission with the arbitrators appointed by parties constituting members of the arbitral tribunal. Where no arbitrator is appointed by the party within the time limit specified by these Rules, the arbitrator shall be designated by the Chairman of this Commission.

4.               Where there are two or more Claimants / Respondents in an arbitration case, the Claimant side and/or Respondent side shall, through internal consultation within that side, reach an agreement on the way of composition of arbitral tribunal, the appointment of arbitrator(s) or designation of arbitrator(s) upon authorization and shall jointly exercise the rights of that side. Where no agreement is reached within the prescribed time limit, the way of composition of arbitral tribunal and the arbitrator(s) shall be decided and designated by the Chairman of this Commission.

Article 18 Notice on Formation of Arbitral Tribunal

After an arbitral tribunal has been formed, this Commission shall notify the formation of the arbitral tribunal in writing to the parties.

Article 19 Position of Arbitrator

1.               An arbitrator shall remain independent of the parties and treat them equally and impartially.

2.               An arbitrator appointed by the parties or designated by the Chairman of this Commission shall sign a declaration of impartiality and independence in the arbitration.

Article 20 Disclosure of Arbitrator

1.               After his / her appointment by the parties or designation by the Chairman of this Commission  an arbitrator shall, during the arbitral proceedings, upon his / her getting to know any facts or circumstances which he / she may have with a party or its authorized representative that are likely to give rise to justifiable doubts as to his / her impartiality or independence, forthwith disclose the said facts or circumstances in writing.

2.               The Secretary shall communicate written disclosure of the arbitrator to the parties who shall, within five (5) days upon its receipt, make comments in writing on whether or not to file a challenge.

3.               Provisions contained in Paragraph 1, 2, 4 and 5 of Article 21 of this Chapter shall apply to any challenge to an arbitrator filed by a party on the grounds of the facts or circumstances disclosed by the arbitrator.

4.               If a party fails to file a challenge within the time limit as specified by the above-mentioned Paragraph 2, it shall not later file a challenge on the basis of matters disclosed by the arbitrator.

Article 21 Withdrawal from Office by Arbitrator

1.               Where an arbitrator comes under any of the following circumstances, he / she shall withdraw from office and the parties shall also have the right to make request for his / her withdrawal from office:

(1)     he / she is a party or a close relative of a party or its agent;

(2)     he / she has a personal interest in the case;

(3)     he / she has other relationships with a party or its agent that may affect his / her impartiality; or

(4)     he / she has privately met with a party or its agent, or accepted meal and gift from a party or its agent.

2.               The party shall file a request for withdrawal of the arbitrator in writing, stating the facts and reasons and producing corresponding evidences.

3.               The party who challenges an arbitrator shall make a request for withdrawal before the first hearing. Where the facts or reasons for challenge occur or become known after the first hearing, the request for withdrawal may be made prior to the conclusion of the last oral hearing. Where an agreement has been reached by parties on omission of oral hearing, a request for withdrawal shall be made no later than ten (10) days upon receipt of the Notice of Formation of the Arbitral Tribunal, unless the facts or reasons for challenge become known to the party after the said time limit.

4.               Where an arbitrator is challenged by one party and the other party agrees to the challenge, or the arbitrator being challenged withdraws from his / her office, such arbitrator shall no longer be on the arbitral tribunal. Neither case implies that the challenge made by the party is sustainable.

5.               Except as provided in the aforesaid Paragraph 4, the Chairman of this Commission shall decide on the withdrawal of an arbitrator. This Commission shall decide on the withdrawal of the Chairman of this Commission as an arbitrator. The above-mentioned decision shall be final.

6.               Where a representative authorized by a party after the latter’s knowledge of the composition of arbitral tribunal should fall within any of the circumstances provided in this Chapter with an arbitrator who shall withdraw from his / her office, that party shall be deemed to have waived its right to make a request for withdrawal on that ground, without prejudice to the other party’s right to make a request for withdrawal on the same ground. Where the arbitration proceedings are delayed by these circumstances, the party who causes the circumstances requiring withdrawal from the arbitrator shall bear the additional expenses arising therefrom.

7.               An arbitrator who has been challenged shall continue to fulfill the functions of the arbitrator until a decision on the challenge has been made by the Chairman of this Commission or this Commission.

Article 22 Replacement of Arbitrator

1.               In the event that an arbitrator is unable to fulfill his / her functions owing to his / her demise, removal from this Commission’s Panel of Arbitrators or his / her health, or resign from the hearing of a case, or withdrawal from his / her office as decided by the Chairman of this Commission, or is requested by the parties unanimously to resign from the hearing of a case, the arbitrator shall be replaced.

2.               Where the arbitrator to be replaced was appointed by a party, that party shall, within five (5) days [ten (10) days for a party having no domicile in the People's Republic of China] upon its receipt of notice, reappoint an arbitrator. Where the arbitrator to be replaced was appointed by the Chairman of this Commission, a new arbitrator shall be appointed by the Chairman and a reappointment notice shall be promptly sent to the parties.

3.               After the reappointment of arbitrator by the party or the Chairman of this Commission, the parties may request for the repeat of the whole or a part of the previous proceedings of the case. The arbitral tribunal shall decide whether or not it is necessary to do so. The arbitral tribunal shall also have the power to decide on its own initiative whether or not the whole or a part of the previous proceedings of the case shall be repeated.

Chapter V HEARING

Article 23 Conduct of Hearing

The arbitral tribunal shall hold oral hearings when examining the case. If the parties so agree, oral hearings may be omitted and the case may proceed on documents only basis with the examination of Request for Arbitration, Statement of Defense as well as other documents as submitted by the parties and the arbitral award shall be rendered. Where the arbitral tribunal deems that oral hearings are unnecessary, subject to consent of the parties, the case may also proceed on documents only basis.

Article 24 Measures Taken in Arbitration Proceedings

Unless otherwise agreed by the parties, the arbitral tribunal may, if it considers it necessary, issue procedural directions and hold pre-hearing meetings and preliminary hearings. The presiding arbitrator or other member of the arbitral tribunal as authorized by the arbitral tribunal may, upon expiration of defense period and prior to the oral hearing, call the parties to exchange evidences and may jointly determine the parties’ focus of disputes which shall be recorded into the file by the Secretary. The arbitral tribunal may, prior to the oral hearing or at any phase of the oral hearing, require the parties to produce evidences and answer questions so as to ascertain the facts of the case.

Article 25 Consolidated Hearing

1.               Where two or more arbitration cases involve common or related factual issues, the arbitral tribunal may, at the request of a party, or when it considers fit, with the consent of all the parties, consolidate examination and hearing of the cases combined. However, the arbitral tribunal shall render arbitral awards separately.

2.               Where the composition of one arbitral tribunal is different from the other, the preceding Paragraph shall not apply.

Article 26 Duty of Confidentiality

1.               Arbitration shall be conducted in camera. Where the parties agree on open hearing, it may be done so, except when state secrets are involved.

2.               For cases heard in camera, the parties, their representatives, witnesses, interpreters, arbitrators, experts consulted by the arbitral tribunal, auditors, verifiers, assessors, appraisers and inspectors entrusted by the arbitral tribunal and the relevant staff-members of this Commission as well as the visiting audiences as consented to by both parties to attend the hearing shall not disclose to any outsiders any substantive or procedural matters of the case. 

Article 27 Place of Oral Hearing

A case shall be heard in the domicile of this Commission or at other places either with the consent of this Commission at the request of both parties or with the approval of the Chairman of this Commission upon the arbitral tribunal’s decision based on the specific conditions of the case.

Article 28 Notice of Oral Hearing

1.           This Commission shall notify the parties of the date of oral hearing at least three (3) days [ten (10) days for a party having no domicile in the People's Republic of China] in advance of the oral hearing date. The arbitral tribunal may decide to hold the oral hearing ahead of the schedule with consent of both parties. A party having justifiable reasons may request the arbitral tribunal for postponement of the oral hearing. However, such request must be communicated in writing to the arbitral tribunal at least three (3) days in advance of the oral hearing date. The arbitral tribunal shall decide whether to postpone the oral hearing. The arbitral tribunal may, when necessary, decide on its own initiative to postpone the oral hearing.

2.           A notice of oral hearing subsequent to the first oral hearing or a notice of decision on a postponed oral hearing is not subject to provisions contained in the foregoing Paragraph 1.

Article 29 Default

1.           If the Claimant who has been subject to notification in writing fails to appear at an oral hearing without showing sufficient cause for such failure, or withdraws from an on-going oral hearing without the permission of the arbitral tribunal, the Claimant may be deemed to have withdrawn its Request for Arbitration. If the Respondent who has been subject to notification in writing fails to appear at an oral hearing without showing sufficient cause for such failure, or withdraws from an on-going oral hearing without the permission of the arbitral tribunal, the arbitral tribunal may proceed with the arbitration and make a default award.

2.           The provisions of the preceding paragraph shall apply to counterclaim.

Article 30 Order of Oral Hearing

1.               During an oral hearing, the parties and relevant participants in the arbitration shall comply with the arrangements and requirements of the arbitral tribunal. The arbitral tribunal shall have the power to check the non-compliance of its arrangements and requirements and the violation of the order of oral hearing.

2.               A visiting audience consented by the parties to attend the hearing shall make no presentation of oral statements.

Article 31 Burden of Proof

1.               Except as otherwise stipulated by law, a party shall have the burden of proof for its claim.

2.               During the arbitration proceedings, where one party explicitly admits the facts of the case as stated by the other party, the latter no longer has to prove, expect for a case involving personal relationships.

3.               Where one party withdraws its admittance prior to the conclusion of debate either with the consent of the other party or has sufficient evidence to prove that its admittance is made as a result of coercion or significant misconception and it is not in conformity with the facts, the other party’s burden of proof shall not be exempted.

4.               Where there is no specific provision in law and no burden of proof can be determined according to these Rules, the arbitral tribunal may determine the bearing of burden of proof by comprehensively considering such factors as the parties’ ability to discharge the burden of proof on the basis of principles of fairness and good faith.

5.               Where a party has no evidence or its evidence is not sufficient to prove its facts and claims, the party having the burden of proof shall bear unfavorable consequences.

Article 32 Providing Evidence

1.               The arbitral tribunal has the power to require the parties to submit evidences within a certain specified time limit. Where it is otherwise agreed by the parties on the time limit for producing evidence and with the approval of the arbitral tribunal, their agreement shall prevail. The parties shall submit evidences within the required time limit. Where a party is incapable of submitting evidences within the period of producing evidence, it may apply for an extension of time prior to the expiration of the time limit and explain its grounds. The arbitral tribunal shall decide whether to approve the application. Where a party submits evidences beyond the time limit, the arbitral tribunal shall decide whether to accept them.

2.               A party shall classify and number the evidences it submits, make a brief explanation of the source of evidence, the objects of proof and their contents, sign and affix its seal, and note the date on which the evidences are submitted.

3.               Where a party raises no objection to the authenticity of the reproductions, photographs, duplicates or extracts as submitted by the other party, they may be deemed to be in conformity with the original documents or materials.

4.               Unless otherwise agreed by the parties, evidences and written documents in foreign languages submitted by the parties shall be attached with their translation texts in Chinese. However, such evidences may not be attached with translation text in Chinese subject to the consent of the arbitral tribunal.

Article 33 Collection of Evidence by the Arbitral Tribunal

1.           The arbitral tribunal may, on its own initiative as it considers necessary or at the application of a party, undertake investigation and collection of evidence. When investigating and collecting evidence, the arbitral tribunal shall promptly notify the parties to be present if it considers it necessary. Once the parties are notified and in the event that one or both parties fail to be present, the investigation and collection of evidence shall proceed without being affected.

2.           The arbitral tribunal shall transmit the evidences collected by itself to the parties and permit them to give comments within a specified time period. A party failing to file a reply upon expiration of the time limit shall be deemed to have accepted the evidence.

Article 34 Auditing, Verification, Assessment, Appraisal and Inspection

1.               The arbitral tribunal may, with its approval at the request of the parties or when it considers necessary, refer a specialized issue for auditing, verification, assessment, appraisal or inspection to a specialized agency agreed upon or determined through consultations by the parties. Where no agreement is reached through consultations or no consultation is made, the specialized agency shall be appointed by the arbitral tribunal.

2.               The arbitral tribunal shall have the power to require the parties who shall be obliged to provide or produce any document, material, property or other articles needed by the auditing, verification, assessment, appraisal or inspection exercise.

3.               Where the party having the burden of proof in respect of the matters requiring auditing, verification, assessment, appraisal or inspection fails to make a request therefor or fails to pay in advance fees for auditing, verification, assessment, appraisal or inspection exercise or refuses to provide relevant materials within the time limit specified by the arbitral tribunal without any justifiable reasons, as a result of which facts of the case in disputes cannot be ascertained on the basis of the conclusion of auditing, verification, assessment, appraisal or inspection exercise, the party shall bear the unfavorable consequences thereof.

4.               Where there is dispute between a party and the auditor, verifier, assessor, appraiser or inspector in terms of whether a document, material, property or other article needed by the auditing, verification, assessment, appraisal or inspection exercise is relevant to the case, the arbitral tribunal shall make a decision thereon.

5.               The duplicate copies of the report for the auditing, verification, assessment, appraisal or inspection shall be communicated to the parties who may submit their evidential opinions thereon in writing within a specified time period. The party who files no reply upon expiration of the period shall be deemed to have accepted the report.

6.               The arbitral tribunal shall, where it considers necessary or with its approval at the request of the parties, notify the auditor, verifier, assessor, appraiser or inspector to participate in the oral hearing. The parties may, subject to the arbitral tribunal’s permission, put questions to the auditor, verifier, assessor, appraiser or inspector.

7.               Where a party requests for a fresh auditing, verification, assessment, appraisal or inspection, the arbitral tribunal shall decide whether to approve the same.

Article 35 Experts Consultation

The arbitral tribunal may consult experts where necessary for clarification on specific technical issues involved in a case. Consultative advices may be provided by experts for the arbitral tribunal’s reference. The charges for experts’ consultation shall be borne by this Commission.

Article 36 Examination and Acknowledgment of Evidence

1.               Where a case is examined by way of an oral hearing, the evidence having been exchanged between the parties prior to the oral hearing shall be exhibited at the hearing and examined by the parties. The evidence having been acknowledged by the parties and recorded into file during the exchange of evidence need not be exhibited after the explanation by the arbitral tribunal in the oral hearing and may be taken directly as a basis for ascertaining a fact of the case.

2.               In the event that evidence is submitted in or after the oral hearing and the arbitral tribunal decides to admit the evidence without holding further hearings, the evidence may be examined by the parties in writing or by other means subject to consent of both parties.

3.               After examination of the evidences or report on auditing, examination, assessment, appraisal and inspection as submitted by the parties, the arbitral tribunal shall decide whether to accept them.

4.               Where one party neither acknowledges nor denies a fact stated by the other party and the former party still fails to clearly confirm or deny the fact after it has been fully explained and inquired by the arbitral tribunal, the party shall be deemed to have acknowledged the fact.

5.               Any unfavorable fact and evidence admitted by a party in the Request for Applicaiton, the Statement of Denfense, presentations as well as other written opinions shall be confirmed by the arbitral tribunal, except where the party retracts the admission with contrary evidence sufficient to invalidate the aforesaid fact and evidence.

6.               Where there is evidence proving that one party without justifiable reasons refuses to produce evidence while holding the same, and the other party argues that the content of such evidence is unfavorable to the evidence holder, such argument shall be presumed to be sustainable.

Article 37 Debate and Final Statement

1.               The parties shall have the right to carry on debate in the course of arbitration.

2.               The presiding arbitrator or the sole arbitrator shall, at the end of the debate, seek the final statements of the parties.

3.               Where a party submits new facts after the conclusion of the debate or if the arbitral tribunal considers it necessary, the arbitral tribunal may resume examination into the facts of the case.

Article 38 Record of Oral Hearing

1.               The arbitral tribunal shall make a written record of the oral hearing. The parties and the relevant participants in the arbitral proceedings may read the record of oral hearing in the current hearing or at any time within 3 days after the oral hearing. Any party or participant in the arbitration may apply for a correction of the record if any omission or mistake is found in the record regarding its own statement. If the application is refused by the arbitral tribunal, the application shall be recorded in the written record of oral hearing.

2.               The written record shall be signed or sealed by the arbitrator(s), the secretary, the parties and the relevant participants in the arbitration. Where the parties and relevant participants in the arbitration refuse to sign or affix seal, it shall be recorded into the written record of oral hearing.

Article 39 Combination of Conciliation with Arbitration

1.               Where the parties have reached a settlement agreement by themselves through negotiation, either party may, based on an arbitration agreement and the settlement agreement, request this Commission to constitute an arbitral tribunal to render an arbitral conciliation statement or arbitral award in accordance with the terms of the settlement agreement. The arbitral tribunal shall review the authenticity and legitimacy of the settlement agreement. The specific procedure of the case hearing may, with written consent of the parties, not be subject to other provisions of these Rules.

2.               The arbitral tribunal may, at the request of the parties or with the consent of the parties, conciliate the case in a manner which is conducive to reaching a settlement between the parties.

3.               The arbitral tribunal shall terminate the conciliation if, during the conciliation process, one of the parties requests the termination of conciliation or if the arbitral tribunal believes that further efforts to conciliate will be futile.

4.               Where a conciliation agreement has been reached, the arbitral tribunal shall either draw up a conciliation statement or render an arbitral award according to the conciliation agreement. The arbitral claim and the settlement agreed on by the parties shall be stated in a conciliation agreement. The conciliation statement shall be signed by the arbitrator(s) with the seal of this Commission and then be served on both parties. The conciliation statement shall become effective as soon as both parties have signed for receipt thereof. Where a party retracts before it signs for receipt of the conciliation statement, the arbitration tribunal shall promptly render an arbitral award.

5.               The parties may settle their disputes by themselves after applying for arbitration. Where the parties reach a settlement agreement, they may request the arbitral tribunal to render a conciliation statement or an arbitral award in accordance with the terms of the settlement agreement.

6.               Where a conciliation fails, the arbitral tribunal shall proceed with the arbitration and render an arbitral award.

7.               Where a conciliation fails, any statement or opinion of the a party or the arbitral tribunal in the process of conciliation shall not be invoked by the other party as grounds for any claim, counterclaim or defense in the subsequent arbitration proceedings, judicial proceedings or any other proceedings.

Article 40 Withdrawal of Application for Arbitration

1.               Where the parties reach a settlement agreement by themselves after application for arbitration, the Claimant may request for withdrawal of its application for arbitration.

2.               Where a conciliation agreement is reached through conciliation by the arbitral tribunal, a party may request for withdrawal of its application for arbitration.

3.               Where a party requests for withdrawal of application for arbitration or counterclaim prior to the formation of arbitral tribunal, the decision thereon shall be made by this Commission. Where the parties requests for such withdrawal after the formation of the arbitral tribunal, the decision thereon shall be made by the arbitral tribunal.

4.               In the event that the Claimant withdraws its claim in its entirety, the arbitral tribunal 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 tribunal shall proceed with the examination of the claim and render an arbitral award thereon.

5.               Where the parties withdraw their claim or counterclaim after this Commission accepts the application for arbitration and prior to the formation of arbitral tribunal, fees for acceptance of case collected in advance by this Commission shall be entirely refunded to the parties. Where the parties withdraw their claims or counterclaims after the formation of arbitral tribunal but prior to the oral hearing, a portion of the fees for acceptance of case shall be refunded in accordance with the circumstances. Where the parties withdraw their claims or counterclaims after the oral hearing, no fees for acceptance and processing of a case collected in advance by this Commission shall be refunded.

Chapter Ⅵ ARBITRAL AWARD

Article 41 Arbitral Decision

1.               Where an arbitral tribunal is composed of three arbitrators, any decision shall be made by a majority of the arbitrators. Where the arbitral tribunal cannot reach a major, ity opinion, the decision shall be made in accordance with the presiding arbitrator's opinion.

2.               The presiding arbitrator may, subject to the parties’ consent or the arbitral tribunal’s authorization, make a decision on the procedural matters.

Article 42 Time Limit for Rendering of Arbitral Award

1.               The arbitral tribunal shall render an arbitral award within four (4) months [six (6) months for the case involving a party or both parties having no domicile in the People's Republic of China] from the date on which the arbitral tribunal is formed. The said time period may be extended subject to approval of the Chairman of this Commission at the request of the presiding arbitrator or sole arbitrator under special circumstances.

2.               The period of four (4) months or six (6) months contained in the preceding Paragraph does not include the period for public announcement, the period for decision of jurisdictional objection to arbitration agreement and the period for the auditing, verification, assessment, appraisal or inspection of a specialized issue.

Article 43 Rendering of Award

1.               An arbitral award shall be rendered in accordance with the opinion of a majority of the arbitrators. A dissenting opinion may be written in the record and docketed into the file. Where the arbitral tribunal cannot reach a majority opinion, the award shall be rendered in accordance with the presiding arbitrator's opinion.

2.               The arbitral tribunal shall state in the arbitral award the claims, the facts of the dispute, the reasons on which the award is based, the results of the award, the allocation of the arbitration costs and the date on which and the place at which the award is rendered. The facts of the dispute and the reasons on which the award is based may not be stated in the award if the parties have so agreed.

3.               An arbitral award shall be signed by the arbitrator(s) with the seal of this Commission. An arbitrator who has a dissenting opinion may or may not sign his / her name on the award. Where an arbitrator who has a dissenting opinion does not sign his / her name on the award, the validity of the arbitral award shall not be affected.

4.               An arbitral award shall enter into force upon the date on which it is rendered.

Article 44 Interim and Partial Arbitral Award

An interim arbitral award or partial arbitral award may be made by the arbitral tribunal on issues in dispute of the case before the final award is made, if considered necessary by the arbitral tribunal or if the parties request and the arbitral tribunal accepts. The interim arbitral award or partial arbitral award shall enter into force from the date it is made.

Article 45 Bearing of Costs

1.               The arbitration costs shall, in principle, be borne by the losing party. If a party partially wins and partially loses the case, the arbitration tribunal shall determine the proportion of arbitration costs to be borne by each party according to the degree of liability of each party. If the parties become reconciled or the case is settled through conciliation by the arbitration tribunal, the parties may enter into an agreement on the proportion of the arbitration expenses to be borne by each party. If no agreement is reached through consultation or no consultation is made, the arbitral tribunal shall decide on the bearing of costs.

2.               Where the arbitration proceeding is delayed or additional costs are incurred as a result of a party’s non-observance of the principles of good faith or due to other reasons of a party, the relevant additional costs shall be borne by the party at fault.

3.               In respect of such expenses as travel and accommodation expenses incurred in dealing with the case by the arbitrator whose domicile is not in Xiamen City appointed by a party and the relevant costs and expenses incurred in entrustment of auditing, verification, assessment, appraisal or inspection and the appointment of interpreter, this Commission or the arbitral tribunal may designate the party to pay in advance within a specified time limit. The arbitral tribunal shall render an award on which party should finally bear the above-mentioned costs and expenses paid in advance by the party.

4.               The arbitral tribunal may, without being subject to the scope of a party’s claims, render an award on the bearing of the relevant costs and expenses contained in the preceding three Paragraphs.

5.               The arbitral tribunal has the power to decide in an award that a party shall bear all or part of such expenses as travel and attorney fees reasonably incurred the other party in pursuing its case.

Article 46 Additional Award and Error Correction

1.               Within thirty (30) days upon receipt of an arbitral award, either party may request the arbitral tribunal in writing for an additional award on any claim or counterclaim which was advanced in the arbitration proceedings but was omitted from the award. If such omission does exist, the arbitral tribunal shall make an additional award within thirty (30) days from the date of receipt of the written request. The arbitral tribunal may also make an additional award on its own initiative within a reasonable period of time after the arbitral award is issued.

2.               The arbitral tribunal shall correct any clerical, typographical or calculation errors, and make an additional award for any omission of the matters applied by the parties for arbitration in the main text of arbitral award, though it has given a verdict on such matters in the part of the tribunal’s opinion. Within thirty (30) days upon its receipt of an arbitral award, either party may request in writing for a correction thereof. If such an error does exist in the award, the arbitral tribunal shall render an award for correction thereof within thirty (30) days upon its receipt of the written request for the correction.

3.               Where the arbitral tribunal refuses the request for an additional award or an award for correction of errors, it shall notify the parties in writing.

4.               The additional award and the award for correction of errors shall form a part of the arbitral award previously rendered.

5.               Where the arbitral tribunal renders an additional award or an award for correction of errors, no additional arbitration fee shall be charged by this Commission.

Article 47 Re-Arbitration

1.               If after receiving a notice of the peoples’ court regarding re-arbitration the arbitral tribunal holds that there should be a re-arbitration, it shall conduct a re-arbitration. If the arbitral tribunal holds that there should not be a re-arbitration, it shall submit its comments in writing to this Commission which shall notify the people's court in writing.

2.               Where the arbitral tribunal agrees to conduct a re-arbitration, no additional arbitration fee shall be charged by this Commission.

Chapter Ⅶ SUMMARY PROCEDURE

Article 48 Application of Summary Procedure

1.               Unless otherwise agreed by the parties, this Summary Procedure shall apply to any case where the amount in dispute does not exceed 200,000 yuan (referring to RMB yuan, similarly hereinafter).

2.               The Summary Procedure shall apply to a case the amount in dispute exceeds 200,000 yuan where the parties agree or consent to the application of Summary Procedure.

3.               Where no monetary claim is specified or the amount in dispute is not clear, this Commission shall determine whether or not to apply this Summary Procedure after a full consideration of such factors as the complexity of the case and the interests involved, etc., and notify the parties in writing.

4.               Where a party has objections to the application of Summary Procedure, it may file a statement in writing. Where the arbitral tribunal has not been formed, this Commission shall make a decision thereon. Where the arbitral tribunal has been formed, it shall make a decision thereon.

Article 49 Formation of Arbitral Tribunal

1.               A case under the Summary Procedure shall be heard by an arbitral tribunal of a sole arbitrator.

2.               Within five (5) days [ten (10) days for a party having no domicile in the People's Republic of China] upon the receipt of notice, the sole arbitrator shall be jointly appointed from the Panel of Arbitrators by the parties or by the Chairman of this Commission upon the parties’ joint authorization. Where the parties fail to jointly appoint the sole arbitrator upon expiration of the time period, the sole arbitrator shall be appointed by the Chairman of this Commission.

Article 50 Time Periods for Filing of Statement of Defense and Counterclaim

Within ten (10) days [twenty (20) days for a Respondent having no domicile in the People's Republic of China] upon receipt of the Notice of Arbitration, the Respondent shall file a Statement of Defense and identification documents. The Respondent shall file its counterclaim, if any, and identification documents in writing within the same time period.

Article 51 Change of Procedure

1.               The application of the Summary Procedure shall not be affected by a case where the amount in dispute exceeds 200,000 yuan as caused by any amendment to the claim or by the filing of a counterclaim. However, if the arbitral tribunal considers that the Summary Procedure is affected, it may apply to the Chairman of this Commission to form a three-arbitrator arbitral tribunal for examination of the case. The Chairman of this Commission shall decide on the application.

2.               Both parties may upon mutual consent request for a change of the procedure of the case from the Summary Procedure to the general one.

3.               Where the procedure of the case changes from the Summary Procedure to the general one, the parties shall, within five (5) days upon their receipt of notice of change, separately appoint or separately authorize the Chairman of this Commission to appoint an arbitrator according to these Rules. Unless otherwise agreed by the parties, the former sole arbitrator shall be the presiding arbitrator.

4.               The new arbitral tribunal shall decide whether or not the previous arbitration proceedings prior to the formation of the new arbitral tribunal shall be repeated. The Summary Procedure shall no longer apply to the arbitration proceedings after the formation of the new arbitral tribunal.

Article 52 Time Limit for Award

The arbitral tribunal shall render an arbitral award within sixty (60) days [ninety (90) days for the case involving a party or both parties having no domicile in the People's Republic of China] from the date on which the arbitral tribunal is formed. If necessitated by special circumstances, the time limit may be suitably extended at the request of the sole arbitrator subject to approval by the Chairman of this Commission.

Article 53 Application of Other Provisions of these Rules

As to matters not covered in this Chapter, the relevant provisions in the other Chapters of these Rules shall apply.

Chapter Ⅷ LIMITATION AND SERVICE OF DOCUMENTS

Article 54 Limitation

Where provisions of the law have been made on limitation of arbitration, these provisions shall apply. Failing such provisions, provisions of the law on the limitation of action shall apply to the arbitration.

Article 55 Time Periods

1.               Time Periods include the periods prescribed by law, these Rules and the specified time periods.

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

3.               When a party cannot meet a deadline due to irresistible causes or for other legitimate reasons, it may, within ten (10) days after the obstacle is removed, apply for an extension of time limit. This Commission or the arbitral tribunal shall decide whether or not to approve such an application.

4.               The time limit for party/parties without domicile within the territory of the People's Republic of China as prescribed in these Rules shall apply to cases involving party/parties from Hong Kong Speicial Administrative Region, Macau Special Administrative Region or Taiwai Region.

Article 56 Ways of Service

1.               Unless otherwise agreed by the parties, documents, notices and written materials in relation to the arbitration may be directly sent to the parties or their representatives in person, or by post, facsimile, cable, or entrustment.

2.               If a party is a legal person or any other organization, the documents may be served on its legal representative or the principal head. It may also be served on its general office, office for incoming and outgoing mail or on-duty office. If a party is a natural person, the documents may be served on himself / herself or an adult member of his family living with him / her.

3.               Where the person on whom the documents are served refuses to receive the document when they are directly sent to that person, the documents may be left at the place at which the said person lives.

4.               If direct service, service by post, fax or cable proves to be difficult, the person serving the document may invite a notary public to the scene, leave the written materials needed to be served at the place of business or current residence of the person on whom the documents are to be served, have the serving circumstances recorded in a notary certificate, the documents shall be deemed to have been served.

5.               If the whereabouts of a party is unknown, or if the arbitration documents, notices and materials cannot be served on him by the methods mentioned in the preceding Paragraphs, the document may be served by public announcement.

Article 57 Service Address

1.               When applying for arbitration or making statement of defense, the parties shall provide this Commission or the arbitral tribunal with or confirm its accurate service address and complete the Statement for Confirmation of Service Address.

2.               The contents of the Statement for Confirmation of Service Address shall include the postal code, detailed service address as well as the addressee’s contact telephone number.

3.               Where a party’s service address changes prior to the service of documents for conclusion of the case, the party shall promptly notify in writing this Commission of the change.

4.               Where a party refuses to provide its service address and still fails to provide the same after this Commission or the arbitral tribunal notifies it to do so, a natural person’s mailing address shall be the place of domicile where his residence is registered, his habitual residence or the address as prescribed by the contract; a legal person or other organizations’ mailing address shall be the place of domicile in its industry and commerce registration or other statutory registration or record or the address as prescribed by the contract.

5.               Any document shall be deemed to have been properly served on a party, if after reasonable inquiries, no such addresses as the place of business, habitual residence or other mailing address can be found for the party on whom the document is served with no domicile in the People's Republic of China, such document is sent to the addressee's last known place of business, habitual residence or other mailing address by post, express mail or by any other means that provides a record of the attempt of delivery.

Article 58 Date of Service

1.               Where arbitration documents, notices and materials etc. are sent or delivered directly, a receipt for the documents served shall bear the date of receipt noted by the signature or seal of the person on whom the documents were served. The date noted on the receipt by the person on whom the documents were served shall be regarded as the date of service of the documents.

2.               If arbitration documents, notices and materials etc. fail to be actually received by the person on whom the documents are served due to the inaccuracy of the address as provided by the person or confirmed by him / her, his / her refusal to provide service address, his / her failing to promptly notify this Commission or the arbitral tribunal of the change of service address, or the refusal by himself / herself or the person as designated by him / her to receive documents on his / her behalf, to affix signatures or seals for acknowledgement of receipt, the date on which the documents, notices and materials were returned shall be deemed the date of service of the documents.

3.               If documents are left at the place where the person on whom they are to be served lives, the date on which the witnesses affix their signatures or seals to the receipt shall be deemed the date of service of the documents.

4.               If documents are served by mail, where there is a receipt, the date noted on the receipt by the person on whom the documents were served shall be the date of service of the documents. Where there is no receipt, the date stated on the receipt for postal delivery or the date noted on the express mail service cargo tracer shall be deemed the date of service of the documents.

5.               Where documents are served by fax, where there is a receipt sent back by the person on whom the documents are served, the date of receipt noted by the signature of the said person shall be the date of service of the documents. Where there is no receipt, the date stated on the record for fax sending shall be deemed the date of service of the documents.

6.               Where documents are served by public announcement, the documents shall be deemed to have been served sixty (60) days after the public announcement is made.

7.               Where documents are served by other means, the date proved by relevant evidences shall be deemed the date of service of the documents.

Chapter Ⅸ SUPPLEMENTARY PROVISIONS

Article 59 Languages

The Chinese language shall be the official spoken and written language to be used by the Commission. Where the parties have agreed otherwise on the spoken and written language, their agreement shall prevail subject to consent of this Commission.

Article 60 Official Text of Rules

The Chinese, English and other language text of these Rules promulgated by this Commission shall all be the official text. In case of discrepancies among presentations of different texts, the Chinese text shall prevail.

Article 61 Interpretation

The headings of articles in these Rules shall not serve as interpretation of the contents of the provisions contained herein.

These Rules shall be interpreted by this Commission.

Article 62 Coming into Force

These Rules shall be effective as from May 1st,2007. For cases accepted by this Commission before these Rules become effective, the Arbitration Rules effective at the time of acceptance shall apply, or these Rules shall apply if both parties so agree.