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(Revised
and adopted on September 4,1995 by China Chamber of International
Commerce, effective as from October 1, 1995)
Chapter
I General Provisions
Section
1 Jurisdiction
Article
1 These Rules are formulated in accordance with the Arbitration
Law and the provisions of the relevant laws of the People's Republic
of China (PRC) and pursuant to the 'Decision', the 'Notice' and
' Official Reply' of the State Council of the PRC.
Article
2 China Maritime Arbitration Commission (formerly known as Maritime
Arbitration Commission of the China Council for the Promotion of
International Trade, and hereinafter referred to as the ' Arbitration
Commission') independently and impartially resolves, by means of
arbitration, contractual or non-contractual maritime disputes arising
from, or in the process of , transportation, production and navigation
by or at sea, in coastal waters and other waters connected with
sea, in order to protect the legitimate rights and interests of
the parties and promote the development of the domestic and international
shipping industry and economy and trade.
The
Arbitration Commission shall take cognizance of cases of following
maritime disputes:
(1)
dispute arising from salvage and general average;
(2)
dispute arising from collision between vessels, or from damage caused
by a vessel to the structure and installation on the sea, waterways
connected with sea, in the harbour as well as the submarine or underwater
installation;
(3)
dispute arising from management, operation, chartering, mortgage,
agency, towage, raising, sale, repair, building, demolition, of
sea-going/river vessel, as well as carriage by sea in virtue of
contracts of affreightment, bill of lading or other documents, and
marine insurance;
(4)
dispute regarding the utilization of the marine resources and pollution
damages to the marine environment;
(5)
dispute arising from contract of freight forwarding, supply of ship's
stores, employment of seaman aboard a foreign vessel, fishery production
and fishing;
(6)
other maritime dispute submitted for arbitration by agreement between
the parties.
Article
3 The Arbitration Commission takes cognizance of cases in accordance
with an arbitration agreement between the parties concluded before
or after the occurrence of the disputes to refer their dispute to
the Arbitration Commission for arbitration and upon the written
application by one of the parties.
An
arbitration agreement means an arbitration clause stipulated by
the parties in their contract or a written agreement concluded by
the parties in other forms to submit their dispute for arbitration.
Article
4 The Arbitration Commission has the power to decide on the existence
and validity of an arbitration agreement and the jurisdiction over
an arbitration case. If a party challenges the validity of the arbitration
agreement and requests the Arbitration Commission to make a decision
thereupon, and the other party applies to the People's Court for
a ruling, the latter's ruling shall prevail.
Article
5 An arbitration clause contained in a contract shall be regarded
as existing independently and separately from the other clauses
of the contract, and an arbitration agreement attached to a contract
shall be treated as a part of the contract existing independently
and separately from the other parts of the contract. The validity
of an arbitration clause or an arbitration agreement shall not be
affected by the modification, rescission, termination, invalidity,
revocation or non-existence of contract.
Article
6 Any objections to an arbitration agreement and/or jurisdiction
over an arbitration case should be raised before the first hearing
conducted by the arbitration tribunal. Where a case is examined
on the basis of documents only, the objections to jurisdiction should
be raised before submission of the first substantive defense.
Article
7 Once the parties agree to submit their dispute to the Arbitration
Commission for arbitration, they shall be deemed to have agreed
to conduct the arbitration under these Rules.
Section
2 Organization
Article
8 The Arbitration Commission shall have one honorary Chairman and
several advisers.
Article
9 The Arbitration Commisstion is composed of one Chairman, several
Vice-Chairmen and a number of Commission members. The Chairman performs
the functions and duties vested in him by these Rules and the Vice-Chairmen
may perform the Chairman's functions and duties with the Chairman's
authorization.
The
Arbitration Commission shall have a secretartiat to handle its day-to-day
work under the leadership of the Secretary-General of the Arbitration
Commission.
Article
10 The Arbitration Commission shall maintain a Panel of Arbitrators.
The arbitrators shall be selected and appointed by the Arbitration
Commission from among Chinese and foreign personages with special
knowledge and practical experience in the fields of navigation,
carriage by sea, foreign trade, insurance and law and other fields.
Article
11 The Arbitration Commission is located in Beijing. The Arbitration
Commision may, according to the requirement of development of arbitration
business, set up its Sub-Commissions in other places within China's
territory.
Chapter
II Arbitration Proceedings
Section
1 Application for Arbitration, Defence and Counter-claim
Article
12 The arbitration proceedings shall commence from the date on which
the Notice of Arbitration is issued.
Article
13 The Claimant shall satisfy the following requirements when submitting
his Application for Arbitration:
(1)
An Application for Arbitration in writing shall be submitted and
the following shall be specified in the Application for Arbitration:
(a)
The name and address of the Claimant and those of the Respondent,
including the zip code, telephone number, telex number, fax number
and cable number, if any;
(b)
The arbitration agreement relied upon by the Claimant;
(c)
The facts of the case and the main points of dispute;
(d)
The Claimant's claim and the facts and evidence on which his claim
is based.
The
Application for Arbitration shall be signed and/or stamped by the
Claimant and/or the attorney authorized by the Claimant.
(2)
When an application for Arbitration is submitted to the Arbitration
Commission, the relevant documentary evidence on which the Claimant's
claim is based shall accompany the Application for Arbitration.
(3)
The Claimant shall pay an arbitration fee in advance to the Arbitration
Commission according to the Arbitration Fee Schedule of the Arbitration
Commission.
Article
14 After receipt of the Application for Arbitration and its attachments
and when the secretariat of the Arbitration Commission, after examination,
deems that the Claimant has not completed the formalities required
for arbitration, the secretariat shall demand the Claimant to completed
them, and when the secretariat deems that the Claimant has completed
the formalities, the secretariat shall immediately send to the Respondent
a Notice of Arbitration together with one copy each of the Claimant's
Application for Arbitration and its attachments as well as the Arbitration
Rules, the Panel of Arbitrators and the Arbitration Fee Schedule
of the Arbitration Commission, and shall simultaneously send to
the Claimant one copy each of the Notice of Arbitration, the Arbitration
Rules, the Panel of Arbitrators and Arbitration fee Schedule.
The
secretariat of the Arbitration Commission, after sending the Notice
of Arbitration to the Claimant and Respondent, shall appoint one
of its staff-members to take charge of procedural administration
of the case.
Article
15 The Claimant and the Respondent shall, within 20 days as from
the date of receipt of the Notice of Arbitration, appoint an arbitrator
from among the Panel of Arbitrators of the Arbitration Commission
or authorize the Chairman of the Arbitration Commission to make
such appointment.
Article
16 The Respondent shall, within 45 days from the date of receipt
of the Notice of Arbitration, submit his written defence and relevant
documentary evidence to the secretariat of the Arbitration Commission.
Article
17 The Respondent shall, at the latest within 60 days from the date
of receipt of the Notice of Arbitration, lodge with the secretariat
of the Arbitration Commission his counterclaim in writing, if any.
The arbitration tribunal may extend that time limit if it deems
that there are justified reasons.
When
lodging a counterclaim, the Respondent must state in his written
statement of counterclaim his specific claim, reasons for his claim
and facts and evidence upon which his counterclaim is based, and
attach to his counterclaim the relevant documentary evidence.
When
lodging a counterclaim, the Respondent shall pay an arbitration
fee in advance according to the Arbitration Fee Schedule of the
Arbitration Commission.
Article
18 The claimant may request to amend his claim and the Respondent
may request to amend his counterclaim; but the arbitration tribunal
may refuse such a request for amendment if it considers that it
is too late to raise the request and the amendment may affect the
arbitration proceedings.
Article
19 When submitting application for arbitration, written defence,
statement of counterclaim, documentary evidence and other documents,
the party/parties shall submit them in quintuplicate. If the number
of the parties exceeds two, additional copies shall be submitted
accordingly; if the number of arbitrator composing the arbitration
tribunal is one, two copies may be reduced.
Article
20 The arbitration proceedings shall not be affected in case the
Respondent fails to file his defence in writing or the Claimant
fails to submit his written defence against the Respondent's counterclaim.
Article
21 The parties may authorize arbitration agents to deal with the
matters in relation to arbitration; the authorized attorney must
produce a Power of Attorney to the Arbitration Commission.
Chinese
and foreign citizens can be authorized to act as arbitration agents.
Article
22 When a party applies for property preservative measures, the
Arbitration Commission shall submit the party's application for
a ruling to the Maritime Court in the place where the domicile of
the party against whom the property preservative measures are sought
is located or in the place where the property of the said party
is located.
When
a party applies for interim measures of protection of evidence,
the Arbitration Commission shall submit his application for a ruling
to the maritime Court in the place where the evidence is located.
Section
2 Formation of Arbitration Tribunal
Article
23 Each of the parties shall appoint one arbitrator from among the
Panel of Arbitrators of the Arbitration Commission 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 the Chairman of the Arbitration Commission upon the
parties' joint authorization.
In
case the parties fail to jointly appoint or jointly entrust the
Chairman of the Arbitration Commission to appoint the third arbitrator
within 20 days from the date on which the Respondent receives the
Notice of Arbitration, the third arbitrator shall be appointed by
the Chairman of the Arbitration Commission. The third arbitrator
shall act as the presiding arbitrator.
The
presiding arbitrator and the two appointed arbitrators shall jointly
form an arbitration tribunal to jointly hear the case.
Article
24 Both parties may jointly appoint or jointly authorize the Chairman
of the Arbitration Commission to appoint a sole arbitrator to form
an arbitration tribunal to hear the case alone.
If
both parties have agreed on the appointment of a sole arbitrator
to hear their case alone but have failed to agree on the choice
of such a sole arbitrator within 20 days from the date on which
the Respondent receives the Notice of Arbitration, the Chairman
of the Arbitration Commission shall make such an appointment.
Article
25 If the Claimant or the Respondent fails to appoint or authorize
the Chairman of the Arbitration Commission to appoint an arbitrator
according to Article 15 of these Rules, the Chairman of the Arbitration
Commission shall appoint an arbitrator on his behalf.
Article
26 When there are two or more Claimants and/or Respondents in an
arbitration case, the Claimants' side and the Respondents' side
each shall, through consultation, appoint or entrust the Chairman
of the Arbitration Commission to appoint one arbitriator from among
the Panel of Arbitrators of the Arbitration Commission.
If
the Claimants side or the Respondents' side fails to make such appointment
or entrustment within 20 days as from the date on which the Respondent's
side receives the Notice of Arbitration, the appointment shall be
made by the Chairman of the Arbitration Commission.
Article
27 Any appointed arbitrator having a personal interest in the case
shall himself disclose such circumstances to the Arbitration Commission
and request withdrawal from his office.
Article
28 A party may make a request in writing to the Arbitration Commission
for the removal of an appointed arbitrator from his office, if the
party has justified reasons to suspect the impartiality and independence
of the appointed arbitrator. In the request, the facts and reasons
on which the request is based and evidence must be given.
A
challenge against an arbitrator for removal from his office must
be put forward in writing no later than the first oral hearing.
If the grounds for the challenge come out or are made known after
the first oral hearing, the challenge may be raised after the first
hearing but before the end of the last hearing.
Article
29 The Chairman of the Arbitration Commission shall decide on the
challenge.
Article
30 If an arbitrator cannot perform his duty owing to withdrawal,
demise removal or other reasons, a substitute arbitrator shall be
appointed in accordance with the procedure pursuant to which the
original arbitrator was appointed.
After
the appointment of the substitute arbitrator, the arbitration tribunal
has discretion to decide whether or not the whole or part of the
previous hearings shall be repeated.
Section
3 Hearing
Article
31 The arbitration tribunal shall hold oral hearings when examining
a case. At the request of the parties or with their consent, oral
hearings may be omitted if the arbitration tribunal also deems that
oral hearings are unnecessary, and then the arbitration tribunal
may examine the case and make an award on the basis of documents
only.
Article
32 The date of the first oral hearing shall be fixed by the arbitration
tribunal in consultation with the secretariat of the Arbitration
Commission. The notice of the date of the hearing shall be communicated
by the secretariat of the Arbitration Commission to the parties
30 days before the date of the hearing. A party having justified
reasons may request a postponement of the date of the hearing. His
request must be communicated to the secretariat of the Arbitration
Commission 12 days before the date of the hearing and the arbitration
tribunal shall decide whether to postpone the hearing or not.
Article
33 The notice of the date of hearing subsequent to the first hearing
is not subject to the 30-day time limit.
Article
34 The cases taken cognizance of by the Arbitration Commission shall
be heard in Beijing, or in other places with the approval of the
Secretary General of the Arbitration Commission.
Article
35 The arbitration tribunal shall not hear cases in open session.
If both parties request a hearing to be held in open session, the
arbitration tribunal shall decide whether to hold the hearing in
open session or not.
Article
36 When a case is heard in closed session, the parties, their attorneys,
witnesses, arbitrators, experts consulted by the arbitration tribunal
and appraisers appointed by the arbitration tribunal and the relevant
staff-members of the secretariat of the Arbitration Commission shall
not disclose to outsiders the substantive or procedural matters
of the case.
Article
37 The parties shall produce evidence for the facts on which their
claim, defence and counterclaims are based. The arbitration tribunal
may undertake investigations and collect evidence on its own initiative,
if it deems it necessary.
If
the arbitration tribunal investigates and collects evidence on its
own initiative, it shall timely inform the parties to be present
on the spot if it deems it necessary. Should one party or both parties
fail to appear on the spot, the investigation and collection of
evidence shall by no means be affected.
Article
38 The arbitration tribunal may consult an expert or appoint an
appraiser for the clarification of special questions relating to
the case. Such an expert and appraiser can be an organization or
a citizen, Chinese or foreign.
The
arbitration tribunal has the power to order the parties and the
parties are also obliged to submit or produce to the expert or appraiser
any materials, documents, properties or goods related to the case
for check-up, inspection and/or appraisal.
Article
39 The expert's report and the appraiser's report shall be copied
to the parties so that they may have the opportunity to give their
opinions thereon. At the request of any party to the case and with
the approval of the arbitration tribunal, the expert and appraiser
may be present at the hearing and give explanations of their reports
when the arbitration tribunal deems it necessary and appropriate.
Article
40 The evidence submitted by the parties shall be examined and decided
by the arbitration tribunal. The adoption of the expert's report
and the appraiser's report shall be determined by the arbitration
tribunal.
Article
41 Should one of the parties fail to appear at the hearing, the
arbitration tribunal may proceed with the hearing and make an award
by default.
Article
42 During the hearing, the arbitration tribunal may make a record
in writing and/or by tape-recording. The arbitration tribunal may,
when it deems it necessary, make a minute stating the main points
of the hearing and ask the parties and/or their attorneys, witnesses
and/or other persons involved to sign their names on it and/or affix
their seals to it.
The
record in writing or tape-recording are only for the use and reference
of the arbitration tribunal.
Article
43 If the parties to an arbitration case reach an amicable settlement
agreement by themselves, they may either request the arbitration
tribunal to make an award in accordance with the contents of their
amicable settlement agreement to end the case or request a dismissal
of the case. The Secretary General of the Arbitration Commission
shall decide on the request for a dismissal of the case if the request
is made before the formation of the arbitration tribunal and the
arbitration tribunal shall decide on the request if the request
is put forward after the formation of the arbitration tribunal.
If
the party or the parties refer the dismissed case again to the Arbitration
Commission for arbitration, the Chairman of the Arbitration Commission
shall decide whether to accept the reference or not.
Article
44 A party who knows or should have known that any provision or
requirement of these Rules has not been complied with and yet proceeds
with the arbitration proceedings without explicitly raising in writing
his objection to non-compliance in a timely manner shall be deemed
to have waived his right to object.
Article
45 If both parties have a desire for conciliation or one party so
desires and the other party agrees to it when consulted by the arbitration
tribunal, the arbitration tribunal may conciliate the case under
its cognizance in the process of arbitration.
Article
46 The arbitration tribunal may conciliate cases in the manner it
deems appropriate.
Article
47 The arbitration tribunal shall terminate conciliation and continue
the arbitration proceedings when one of the parties requests a termination
of conciliation or when the arbitration tribunal believes that further
efforts to conciliate will be futile.
Article
48 If the parties have reached an amicable settlement outside the
arbitration tribunal in the course of conciliation conducted by
the arbitration tribunal, such settlement shall be deemed as one
which has been reached trough the arbitration tribunal's conciliation.
Article
49 The parties shall sign a settlement agreement in writing when
an amicable settlement is reached through conciliation conducted
by the arbitration tribunal, and the arbitration tribunal shall
end the case by making an arbitration award in accordance with the
contents of the settlement agreement unless otherwise agreed by
the parties.
Article
50 Should conciliation fail, any statement, opinion, view and proposal
which has been made, raised, put forward, acknowledged, accepted
or rejected by either party or by the arbitration tribunal in the
process of conciliation shall not be invoked as grounds for any
claim, defence and/or counterclaim in the subsequent arbitration
proceedings, judicial proceedings or any other proceedings.
Section
4 Award
Article
51 The arbitration tribunal shall render an arbitral award within
9 months as from the date on which the arbitration tribunal is formed.
The Secretary General of the Arbitration Comission may extend this
time limit at the request of the arbitration tribunal if the Secretary
General of the Arbitration Commission considers that it is really
necessary and the reasons for extension are truly justified.
Article
52 The arbitration tribunal shall independently and impartially
make its arbitral award on the basis of the facts, in accordance
with the law and the terms of the contracts, with reference to international
practices and in compliance with the principle of fairness and reasonableness.
Article
53 Where a case is heard by an arbitration tribunal composed of
three arbitrators, the arbitral award shall be decided by the majority
of the arbitrators and the minority opinion may be written in the
record and docketed into the file.
When
the arbitration tribunal cannot attain a majority opinion, the arbitral
award shall be decided in accordance with the presiding arbitrator's
opinion.
Article
54 The arbitration tribunal shall state in the arbitral 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, the date on which and the place at which
the arbitral award is made. The facts of the dispute and the reasons
on which the award if the parties have agreed not to state them
in the arbitral award, or the arbitral award is made in accordance
with the contents of the settlement agreement reached between the
parties.
Article
55 Unless the arbitral award is made in accordance with the opinion
of the presiding arbitrator or the sole arbitrator, the arbitral
award shall be signed by all the arbitrators or the majority arbitrators
sitting on the arbitration tribunal. An arbitrator who has a dissenting
opinion may sign or not sign his name on the arbitral award.
The
arbitrators shall submit his draft arbitral award to the Arbitration
Commission before signing the award. The Arbitration Commission
may remind the arbitrators of the issues related to the form of
the arbitral award on condition that the arbitrators' independence
of decision is not affected.
The
Arbitration Commission's stamp shall be affixed to the arbitral
award.
The
date on which the arbitral award is made is the date on which the
arbitral award comes into legal effect.
Article
56 The arbitration tribunal may, if it deems it necessary or the
parties so request and the arbitration tribunal agrees, make an
interlocutory award or partial award on any issue of the case at
any time in the course of arbitration before the final award is
made. Either party's failure to perform the interlocutory award
does not affect the continuation of the arbitration proceedings
and the making of the final award by the arbitration tribunal.
Article
57 The arbitration tribunal has the power to determine in the arbitral
award the arbitration fee and other expenses to be eventually paid
by the party or the parties to the Arbitration Commission.
Article
58 The arbitration tribunal has the power to decide in the arbitral
award that the losing party shall pay the winning party as compensation
an apportion of the expenses reasonably incurred by the winning
party in dealing with the case. The amount of such compensation
shall not in any case exceed 10% of the total amount awarded to
the winning party.
Article
59 The arbitral award is final and binding upon both disputing parties.
Neither party may bring a suit before a lawcourt or made a request
to any other organization for revising the arbitral award.
Article
60 Either party may request in writing that a correction be made
to the writing, typing, calculating and similar errors contained
in the arbitral award within 30 days from the date of receipt of
the arbitral award; if there is really an error in the arbitral
award, the arbitration tribunal shall make a correction in writing
within 30 days from the date of which the arbitral award is issued.
The correction in writing forms a part of the arbitral award.
Article
61 If anything that should be awarded has been omitted in the arbitral
award, either of the parties may make a request in writing to the
arbitration tribunal for an additional award within 30 days from
the date on which the arbitral award is received.
If
something which should be awarded is really omitted, the arbitration
tribunal shall make an additional award within 30 days from the
date of receipt of the request in writing for an additional award.
The arbitration tribunal may by itself make an additional award
within 30 days from the date on which the arbitral award is issued.
The additional award forms a part of the arbitral award which has
been previously issued.
Article
62 The parties must automatically execute the arbitral award within
the time limit specified in the arbitral award. If no time limit
is specified in the arbitral award, the parties shall carry out
the arbitral award immediately.
In
case one party fails to execute the arbitral award, the other party
may apply to the Chinese court for the enforcement of the arbitral
award according to the 1958 Convention on Recognition and Enforcement
of Foreign Arbitral Awards or other international treaties that
China has concluded or participated in .
Chapter
III Summary Procedure
Article
63 Unless otherwise agreed by the parties, this Summary Procedure
shall apply to any case in dispute where the amount of the claim
totals not more than RMB 500,000 Yuan, and to any case in dispute
where the amount of the claim totals more than RMB 500,000 Yuan
provided that one party applies for arbitration under this Summary
Procedure and the other party agrees in writing.
Article
64 When an application for arbitration is submitted to the Arbitration
Commission by one of the parties and the applications is accepted
by the Arbitration Commission after examination and the Summary
Procedure is applicable, the secretariat of the Arbitration Commission
shall immediately serve a Notice of Arbitration to each of the parties.
Unless
both parties have jointly selected one sole arbitrator from among
the Panel of Arbitrators of the Arbitration Commission, they shall
jointly appoint or jointly entrust the Chairman of the Arbitration
Commission to appoint one sole arbitrator within 15 days from the
date on which the Notice of Arbitration is received by the Respondent.
When the parties fail to make such appointment or entrustment, the
Chairman of the Arbitration Commission shall immediately appoint
one sole arbitrator to form an arbitration tribunal to hear the
case.
Article
65 The Respondent shall, within 30 days from the date of receipt
of the Notice of Arbitration, submit his defence and relevant documentary
evidence to the secretariat of the Arbitration Commission; counterclaim,
if any, shall be lodged together with documentary evidence within
the said time limit.
Article
66 The arbitration tribunal may hear the case in the way it deems
appropriate. The arbitration tribunal has discretion to hear the
case only on the basis of the written materials and evidence submitted
by the parties or to hold an oral hearing as well.
Article
67 The parties must hand in written materials and evidence needed
for the arbitration in compliance with the requirements of the arbitration
tribunal within the time limit given by the arbitration tribunal.
Article
68 For a case which needs an oral bearing, the secretariat of the
Arbitration Commission shall, after the arbitration tribunal has
fixed a date for hearing, inform the parties of the date of the
hearing 15 days before the date of the hearing.
Article
69 If the arbitration tribunal decides to hear the case orally,
only one oral hearing shall be held. However, the arbitration tribunal
may hold two oral hearings if really necessary.
Article
70 Should one of the parties fail to act in compliance with this
Summary Procedure during summary proceedings, such failure shall
not affect the arbitration tribunal's conduct of the proceedings
and the arbitration tribunal's power to render an arbitral award.
Article
71 The conduct of the proceedings shall not be affected by any amendment
of the claim or by the lodging of a counterclaim.
Article
72 Where a case is heard orally, the arbitration tribunal shall
make an arbitral award within 30 days from the date of the oral
hearing if one oral hearing is to be held, or from the date or the
second oral hearing if two oral hearings are to be held. Where a
case is examined on the basis of documents only, the arbitration
tribunal shall render an arbitral award within 90 days from the
date on which the arbitration tribunal is formed. The Secretary
General of the Arbitration Commission may extend the said time limit
if such extension is necessary and justifiable.
Article
73 For matters not covered in this Chapter, the relevant provisions
in the other Chapters of these Rules shall apply.
Chapter
IV Supplementary Provisions
Article
74 The Chinese language is the official language of the Arbitration
Commission. If the parties have agreed otherwise, their agreement
shall prevail.
At
the hearing, if the parties or their attorneys or witnesses request
language interpretation, the secretariat of the Arbitration Commission
may provide an interpreter for them or the parties may bring with
them their own interpreters.
The
arbitration tribunal and/or the secretariat of the Arbitration Commission
may, if it deems it necessary, request the parties to hand in corresponding
translation copies in Chinese language or other languages of the
documents and evidential materials submitted by the parties.
Article
75 All the arbitration documents, notices and materials may be sent
to the parties and/or their attorneys in person, or by registered
letter or express airmail, telefax, telex, cable or by any other
means which are deemed proper by the secretariat of the Arbitration
Commission.
Article
76 Any written communication to the parties is deemed to have been
properly served if it is delivered to the addressee or delivered
at his place of business, habitual residence or mailing address;
or if none of these can be found after making a reasonable inquiry,
a written communication is deemed to have been served if it is sent
to the addressee's last known place of business, habitual residence
or mailing address by registered letter or by any other means which
provides a record of the attempt to deliver it.
Article
77 Apart from charging arbitration fees from the parties according
to the Arbitration Fee Schedule of the Arbitration Commission, the
Arbitration Commission may collect from the parties other extra,
reasonable and actual expenses including arbitrator's special remuneration
and their travel and boarding expenses for dealing with the case
and the fees and expenses for experts, appraisers and interpreters
appointed by the arbitration tribunal, etc.
If
a case is withdrawn after the parties have reached between themselves
an amicable settlement, the Arbitration Commission may charge a
certain amount of fees from the parties in consideration of the
quantity of work and the amount of the actual expenses incurred
by the Arbitration Commission.
Article
78 Where a arbitration agreement or an arbitration clause contained
in the contract provides for the arbitration to be conducted by
China Maritime Arbitration Commission or by its former named Maritime
Arbitration Commission of the China Council for the Promotion of
International Trade, the parties shall be deemed to have unanimously
agreed that the arbitration shall be conducted by China Maritime
Arbitration Commission.
Article
79 These Rules shall come into force as from October 1, 1995. For
cases which have been taken cognizance of by the Arbitration Commission
before the date on which these Rules become effective, the Rules
of Arbitration effective on the date when the cases are taken cognizance
of shall apply. However, these Rules shall be applied if the parties
so agree.
Article
80 The power to interpret these Rules is vested in the Arbitration
Commission.
Appendix:
China
Maritime Arbitration Commission Arbitration Fee Schedule
(Effective
as from April 1, 1995)
Amount
of Claim (RMB) Amount of Claim (RMB) Amount of Fee (RMB)
1,000,000
Yuan or less 4% of the Claiming Amount, minimum 20,000 Yuan
1,000,000
Yuan to 5,000,000 Yuan 40,000 Yuan Plus 3% of the excess over 1,000,000
Yuan
5,000,000
Yuan to 10,000,000 Yuan 160,000 Yuan Plus 2% of the excess over
5,000,000 Yuan
10,000,000
Yuan to 50,000,000 Yuan 26,000 Yuan Plus 1% of the excess over 10,000,000
Yuan
50,000,000
Yuan or more 660,000 Yuan Plus 0.5% of the excess over 50,000,000
Yuan
When
applying for arbitration, each case shall be charged an additional
RMB 10,000 Yuan as a Registration Fee in order to cover the expenses
in examining the application for arbitration, filing the case, computer
management, and placing the documents on file.
Where
the amount of the claim is not specified at the time of submitting
the Application for Arbitration, the amount of arbitration fee shall
be determined by the secretariat of the Arbitration Commission.
If
the arbitration fee is charged in foreign currency, an amount of
foreign currency equivalent to the corresponding RMB value specified
in this Schedule shall be paid.
Apart
from charging arbitration fee according to the above-mentioned Arbitration
Fee Schedule, the Arbitration Commission may collect other extra,
reasonable and actual expenses pursuant to the relevant provisions
of the Arbitration Rules.
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