(Adopted at the 1st meeting of the First Administrative Council on 16 August 2021; Amended in accordance with the “Decision on Revising the Arbitration Rules of the Zhuhai Court of International Arbitration” adopted at the 4th meeting of the First Administrative Council on 24 February 2023; Amended at the 11th meeting of the First Administrative Council on 28 February 2026, effective as of 1 April 2026.)
CHAPTER I GENERAL PROVISIONS
Article 1 Legal Basis
Article 2 The Arbitral Institution
Article 3 Jurisdiction
Article 4 Scope of Application
Article 5 Principles of Arbitration
Article 6 Confidentiality
Article 7 Seat of Arbitration
Article 8 Waiver of Objections
CHAPTER II ARBITRATION AGREEMENT AND JURISDICTION
Article 9 Definition and Forms of Arbitration Agreement
Article 10 Separability of the Arbitration Agreement
Article 11 Validity of the Arbitration Agreement
Article 12 Objections to the Arbitration Agreement and Jurisdiction
CHAPTER III APPLICATION AND ACCEPTANCE
Article 13 Commencement of Arbitral Proceedings
Article 14 Application for Arbitration
Article 15 Handling of Multiple Contracts
Article 16 Acceptance of A Case
Article 17 Appointment of Arbitration Secretary and Notice of Arbitration
Article 18 Defense
Article 19 Counterclaim
Article 20 Amendment to the Claim or Counterclaim
Article 21 Claims among Multiple Parties
Article 22 Preservation Measures
Article 23 Representation
Article 24 Interim Measures
Article 25 Preliminary Order
Article 26 Emergency Arbitrator
Article 27 Submission of Arbitration Documents
CHAPTER IV ARBITRAL TRIBUNAL
Article 28 Independence and Impartiality of Arbitrators
Article 29 Panel of Arbitrators
Article 30 Nomination of Arbitrators Outside the Panel
Article 31 Number of Arbitrators for the Arbitral Tribunal
Article 32 Nomination and Appointment of Arbitrators
Article 33 Notice of Constitution of the Arbitral Tribunal
Article 34 Disclosure by Arbitrators
Article 35 Grounds for Challenging an Arbitrator
Article 36 Application and Decision for Challenging an Arbitrator
Article 37 Replacement of the Arbitrator
Article 38 Continuation of Arbitral Proceedings by the Majority of Arbitrators
CHAPTER V THE HEARING
Article 39 Decisions on Procedural Matters
Article 40 Burden of Proof
Article 41 Submission and Verification of Evidence
Article 42 Witness Testimony
Article 43 Appraisal Opinions and Expert Opinions
Article 44 Expert Witnesses
Article 45 Collection of Evidence by the Arbitral Tribunal
Article 46 Examination of Evidence
Article 47 Assessment of Evidence
Article 48 Hearings Not Open to the Public
Article 49 Oral Hearings and Written Proceedings
Article 50 Pre-Hearing Conference
Article 51 Place of Oral Hearing
Article 52 Notice of Hearing
Article 53 Statement at Hearing
Article 54 Default
Article 55 Investigation at Hearing, Oral Arguments and Closing Statements
Article 56 Records of Hearing
Article 57 Concurrent Conduct of Arbitrations
Article 58 Consolidation of Arbitrations
Article 59 Substitution of Party
Article 60 Joinder of Additional Party
Article 61 Award on the Basis of a Settlement Agreement
Article 62 Mediation by the Arbitral Tribunal
Article 63 Withdrawal and Dismissal
Article 64 Suspension of Arbitration Proceedings
Article 65 Closing of Hearing
CHAPTER VI ARBITRAL AWARD
Article 66 Time Limit for Rendering the Award
Article 67 Applicable Law
Article 68 Rendering the Arbitral Award
Article 69 Preliminary Award
Article 70 Prevention of Fraudulent Arbitration
Article 71 Scrutiny of Draft Award
Article 72 Apportionment of Costs
Article 73 Correction of the Award
Article 74 Additional Award
Article 75 Carrying out the Award or Mediation Statement
Article 76 Arbitration de novo
Article 77 Internal Appeal Mechanism
CHAPTER VII EXPEDITED PROCEDURE
Article 78 Application of Expedited Procedure
Article 79 Constitution of the Arbitral Tribunal
Article 80 Defense and Counterclaim
Article 81 Conduct of the Arbitral Proceedings
Article 82 Change of Procedure
Article 83 Time Limit for Rending the Award
Article 84 Applicability of Other Provisions of the Rules
CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 85 Expert Consultation Meeting
Article 86 Methods of Service
Article 87 Electronic Service
Article 88 Direct Service
Article 89 Service by Post
Article 90 Service through Forwarding
Article 91 Calculation and Extension of Time Limit
Article 92 Language of Arbitration
Article 93 Impunity of Civil Liability
Article 94 Interpretation of the Rules
Article 95 Official Texts of the Rules
Article 96 Implementation of the Rules
CHAPTER I GENERAL PROVISIONS
Article 1 Legal Basis
The Rules are formulated in accordance with the Arbitration Law of the People’s Republic of China, Regulation on the Zhuhai Court of International Arbitration and other relevant laws and regulations.
Article 2 The Arbitral Institution
1. The Zhuhai Court of International Arbitration (hereinafter referred to as “the Court”) is an arbitral institution registered and established in Zhuhai, China, which performs the duties of an arbitral institution as stipulated in the Arbitration Law of the People’s Republic of China. The Court also uses the names “Zhuhai Arbitration Commission” and “Hengqin International Arbitration Center”.
2. The Court is domiciled in the Hengqin Guangdong-Macao Deep Cooperation Zone.
Article 3 Jurisdiction
1. The Court accepts arbitration cases of contractual disputes and other disputes over property rights and interests between domestic and foreign parties.
2. The Court accepts arbitration cases of investment disputes between foreign investors and the host state government.
Article 4 Scope of Application
1. The Rules apply to domestic and foreign-related cases accepted by the Court. Foreign-related cases include those where in the civil legal relationship, either the parties or the subject matter or the legal fact causing, altering or terminating that legal relationship or any other element therein is foreign-related.
2. The provisions of the Rules applicable to foreign-related cases shall apply, mutatis mutandis, to cases relating to Hong Kong, Macao and Taiwan.
3. The parties may agree to apply other domestic or foreign arbitration rules. They may also agree specific procedural rules for their arbitration. However, the rules agreed by the parties shall be practically applicable and must not conflict with the mandatory rules in the arbitration law of the seat of arbitration.
4. In the cases accepted by the Court where arbitration rules agreed by the parties, rather than the Rules, apply, the Court will perform the institutional duties as stipulated in those rules.
5. Where the Court has prescribed other special rules or special regulations, unless otherwise agreed by the parties, the special rules or regulations shall prevail.
6. In respect of any matters not expressly provided for in the Rules, the Court or the arbitral tribunal may deal with such matters in such manner as it considers appropriate.
7. Where the parties disagree or raise an objection concerning the application of the Rules, the Court or the arbitral tribunal shall decide on the Rules to be applied.
Article 5 Principles of Arbitration
Arbitration conducted under the Rules shall follow the principles of good faith, party autonomy, independence and efficiency, bona fide cooperation and confidentiality.
Article 6 Confidentiality
The Court, all its staff, all people participating in arbitration proceedings shall maintain the confidentiality of the arbitration and must not publicize or disclose any information and materials related to the arbitration case without the parties’ consent or permission, except where there is a legal obligation to do so.
Article 7 Seat of Arbitration
1. If the parties have agreed in writing on the seat of arbitration, the parties’ agreement shall be respected.
2. If the parties have no agreement on the seat of arbitration or the agreement is ambiguous, the location of the Court shall be the seat of arbitration. The Court or the arbitral tribunal may also identify other place as the seat of arbitration, taking into account the circumstances of the case and in accordance with the principle of facilitating the resolution of the dispute.
3. An arbitral award is deemed to have been rendered at the seat of arbitration.
Article 8 Waiver of Objections
If the parties know or should have known that a clause or requirement stipulated in the Rules or the arbitration agreement has been breached but still participate in the arbitral proceedings or continue with the arbitral proceedings without timely and clearly raising a written objection, it shall be deemed that the parties have waived their rights of making the objection.
CHAPTER II ARBITRATION AGREEMENT AND JURISDICTION
Article 9 Definition and Forms of Arbitration Agreement
1. An arbitration agreement refers to a clause stipulated in the contract that the parties agree to submit their dispute to arbitration, or an agreement reached by the parties in any other form before or after the occurrence of a dispute before or after the occurrence of their dispute that they agree to resolve the dispute by arbitration.
2. An arbitration agreement shall be made in writing. Written form shall include contracts, exchanges of letters and data messages (including but not limited to telegrams, telexes, faxes, electronic data interchange and e-mails) and other forms that can tangibly express the contained contents. Where the applicable law of the arbitration agreement has different rules on the form and validity of the arbitration agreement, such rules shall prevail.
3. Where a party claims that an arbitration agreement exists when it applies for arbitration, and the other party does not deny the claim before the first hearing, the arbitral tribunal may deem that an arbitration agreement exists between the parties, after it offers hints and keeps records thereof.
Article 10 Separability of the Arbitration Agreement
The arbitration clause in a contract shall be regarded as a clause that exists separately and independently from the other clauses of the contract, and the arbitration agreement attached to a contract shall be regarded as a part that exists separately and independently from the other parts of the contract. The validity of the arbitration clause or the arbitration agreement shall not be affected by whether or not the underlying contract is concluded or amended, not yet effective, terminated, revoked or null and void.
Article 11 Validity of the Arbitration Agreement
1. Statements that the parties have agreed to select the Zhuhai Arbitration Institution, the Arbitration Institution of Zhuhai Municipality, the Arbitration Commission of Zhuhai Municipality, the Hengqin Court of International Arbitration, the Zhuhai Court of International Arbitration, the Zhuhai Arbitration Commission, the Hengqin International Arbitration Center, the internal institution or branch of the Court for arbitration, or other words to similar effect, that may be inferred to imply the Court as the selection for arbitration, the Court shall be deemed to be selected as the competent authority for their dispute.
2. If the parties did not specify any arbitration institution but have agreed to have their arbitration conducted in accordance with the Rules or other arbitration rules or special rules of the Court, it is deemed that the Court has been selected as the institution of jurisdiction over the case.
3. If the parties to the arbitration agreement are changed, due to merger, separation, or any other reason, the arbitration agreement shall still be binding to the successor of rights and obligations unless otherwise agreed upon when the parties entered into the arbitration agreement.
4. If a party to the arbitration agreement dies, the arbitration agreement shall remain binding to the heir who succeeds to the rights and obligations of the subject matter to be arbitrated unless otherwise agreed on when the parties entered into the arbitration agreement.
5. Where rights and/or obligations are assigned in total or in part, the arbitration agreement shall be binding to the assignee unless the parties have agreed otherwise, or the assignee has made an express objection or did not know there was a separate arbitration agreement when the assignment was made.
6. Where an arbitration agreement is concluded by a branch or subsidiary of a legal person, the arbitration agreement shall be binding on the legal person and the branch or the subsidiary.
Article 12 Objections to the Arbitration Agreement and Jurisdiction
1. The parties may raise an objection to the existence and validity of the arbitration agreement or the jurisdiction over the case. The objection shall be raised in writing before the first hearing; Where the case is conducted on the basis of written submissions, it shall be raised in writing before the expiry of the time limit for the submission of the first defense.
2. If a party fails to raise an objection to the existence and validity of the arbitration agreement or the jurisdiction over the case in accordance with the preceding paragraph, it shall be deemed that the arbitration agreement is valid, or the parties have accepted to the Court’s jurisdiction.
3. If the parties disagree on the validity of the arbitration agreement, they may request the Court or the arbitral tribunal to make a decision or request the people’s court to make a ruling. Where a party requests the Court or the arbitral tribunal to make a decision and the other party requests the people’s court to make a ruling, such disagreement shall be decided by the people’s court. If a party applies to the people’s court for a ruling on the validity of the arbitration agreement, it shall submit to the Court a copy of the complaint and a copy of the case acceptance certificate issued by the people’s court.
4. The Court or the arbitral tribunal may decide on the existence and validity of the arbitration agreement and the jurisdiction over the case. Where the arbitral tribunal makes the decision, such decision may be made during the arbitral proceedings or in the award.
5. Where during the course of arbitral proceedings, the arbitral tribunal finds new facts or evidence which may overturn the decision on the validity of the arbitration agreement or jurisdiction over the case, the arbitral tribunal may make the decision de novo.
6. The arbitral proceedings may continue before a decision on the existence, validity of the arbitration agreement and jurisdiction over the case is made.
CHAPTER III APPLICATION AND ACCEPTANCE
Article 13 Commencement of Arbitral Proceedings
The arbitral proceedings shall commence on the day on which the Court receives the application for arbitration.
Article 14 Application for Arbitration
1. The parties shall submit the application for arbitration to the Court. The application for arbitration shall contain the following information:
(1) Basic information of the claimant and the respondent;
(2) The arbitration agreement on which the application for arbitration is based;
(3) The claimant’s claims;
(4) The facts and reasons on which the claimant’s claims are based.
2. When submitting the application for arbitration, the claimant shall attach the evidence and supporting documents on which the request relies and the identification certificate of the parties. Where the claimant has genuine difficulty of submitting the respondent’s identification certificate, with consent of the Court, such certificate may be submitted after the case is accepted. If the claimant entrusts an agent to submit the application for arbitration, a letter of authorization shall be provided.
3. When applying for arbitration, the claimant shall provide its own accurate address for service and the respondent’s address for service known to it.
4. The claimant shall advance arbitration fees in accordance with the standard of the Court. If the claimant does not advance the arbitration fees or fails to do so within the grace period approved by the Court, the application for arbitration shall be deemed to have been withdrawn or not submitted. Matters related to the advancement of arbitration fees by the claimant shall be dealt with in accordance with the relevant regulations of the Court.
Article 15 Multiple Contracts
1. Requests for arbitration based on multiple related contracts can be made in a single arbitration when all of the following conditions are met:
(1) The arbitration agreement in each contract involves similar legal or factual issues;
(2) The disputes involve the same transaction or the same series of transactions, or the multiple contracts consist of a principal contract and ancillary contracts, or are interrelated contracts;
(3) The arbitration agreements on which the requests for arbitration rely are compatible with each other.
2. If the circumstances set forth in the preceding Paragraph are met, a party may apply to submit additional contract(s) during the arbitral proceedings. The Court or the arbitral tribunal shall decide whether to grant such application after hearing the opinions of the other party.
Article 16 Acceptance of a Case
1. If the Court considers that an application for arbitration satisfies the requirements for acceptance, it should notify the claimant to advance the arbitration fees. Once the claimant has made the advancement, the Court will accept the case within 5 days and send the claimant the notice of acceptance and its attachments, the arbitration rules and the roster of arbitrators. The arbitration rules and the roster of arbitrators can be sent in electronic form, or QR codes or other forms of online links. If the claimant wants the hard copies, he can obtain them from the Court.
2. If the Court considers that an application for arbitration does not meet the conditions of acceptance, it shall reject the request and inform the claimant accordingly and explain the reasons; if the claimant requests the court to issue a written notice, the Court shall do so and explain the reasons in writing.
3. If the Court considers that the materials submitted by the claimant are incomplete or incorrect, it may ask the claimant to complete or correct them within a certain period of time; the date when the materials are completed or corrected shall be taken as the date of receipt of the application for arbitration; where the claimant fails to do so, the application for arbitration shall be deemed not submitted.
Article 17 Appointment of Arbitration Secretary and Notice of Arbitration
1. After accepting the application for arbitration, the Court should designate one or two arbitration secretaries to assist the arbitral tribunal in managing the arbitration proceedings.
2. The Court should, within five days after the acceptance of the application for arbitration, send to the respondent the notice of acceptance and its annexes, the Rules of arbitration and the roster of arbitrators, together with a copy of the application for arbitration and its annexes. When the claimant applies in writing to postpone sending the aforementioned materials, the Court shall have discretion to decide whether such postponement should be approved. The arbitration rules and the roster of arbitrators sent by the Court may be in the form of an electronic document or a link such as a QR code. If the respondent requires hard copies of the arbitration rules and the roster of arbitrators, it may request them from the Court.
Article 18 Defense
1. The respondent of domestic cases shall submit its statement of defense in written form, documentary certificates and confirmation form of service address within 15 days upon the receipt of the notice of acceptance; such time limit should be 30 days in foreign-related cases. Where the respondent entrusts an agent, a letter of authorization shall be submitted.
2. Where the respondent requests extension of the time limit for submitting the statement of defense or relevant documentary certificates, a written application shall be made. If the arbitral tribunal considers that the respondent’s request is indeed justifiable, it may decide to extend the time limit; if the arbitral tribunal has not been constituted, such decision shall be made by the Court.
3. The statement of defence and supporting documents include:
(1) Basic information of the respondent;
(2) The opinions of the respondent and the facts and reasons on which the opinions are based;
(3) Proof of the respondent’s identity.
4. Respondent’s failure in submitting its statement of defense or refusal to defend its case shall not affect the conduct of arbitral proceedings.
Article 19 Counterclaim
1. Where the respondent submits a counterclaim, the counterclaim shall be submitted in written form; in domestic cases, the counterclaim shall be submitted to the Court within 15 days upon the receipt of the notice of acceptance, and in foreign-related cases, such time limit shall be 30 days. In case of a late submission, the Court shall decide whether to accept the counterclaim prior to the constitution of the arbitral tribunal; after the constitution of the arbitral tribunal, the arbitral tribunal shall make the decision.
2. When determining whether to accept a counterclaim submitted after the time limit, the Court or the arbitral tribunal shall consider the necessity of consolidating the claim and counterclaim into one case, the length of the overdue time, the probability of excessive delay of the arbitral proceedings and any other relevant factors.
3. The Court shall, within 5 days upon accepting the counterclaim, send to the claimant the notice of acceptance of the counterclaim, a copy of the application of counterclaim and related documents.
4. Where this Article is silent on the application, acceptance and statement of defense or other matters of the counterclaim, the relevant rules of this Chapter shall apply.
Article 20 Amendment to the Claim or Counterclaim
1. The claimant may amend its claim. The amendment of the claim shall be submitted in written form within 15 days upon the receipt of the notice of acceptance in domestic cases, and 30 days upon the receipt of the notice of acceptance in foreign-related cases. Whether to accept late submission of the amendment of the claim shall be decided by the Court before the constitution of the arbitral tribunal, and by the arbitral tribunal thereafter.
2. The Respondent may amend its counterclaim. The amendment of the counterclaim shall be made in writing within 15 days after the receipt of the notice of acceptance of the counterclaim in domestic cases, and 30 days after the receipt of the notice of acceptance of the counterclaim in foreign-related cases. Whether to accept late submission of the amendment of the counterclaim shall be decided by the Court before the constitution of the arbitral tribunal, and by the arbitral tribunal thereafter.
3. In determining whether late submission of the amendment to the claim or counterclaim should be accepted, the Court or the arbitral tribunal shall consider such factors including whether there is excessive delay of the submission and whether the acceptance will affect the normal progress of the arbitral proceedings.
4. Where the parties’ view on the nature of the legal relationship or the effectiveness of the legal act is different from the finding of the arbitral tribunal, the arbitral tribunal may set the legal relationship or the effectiveness of the legal act as a focus of the hearing. Where the parties amend their claims with the progress of the arbitration, the arbitral tribunal may redesignate the time limit for evidence submission in light of the specific circumstances of the case.
5. Where this Article is silent, the relevant provisions of this Chapter shall apply for other matters relating to the submission, acceptance and defense of the amendment of the claim or counterclaim.
Article 21 Claims among Multiple Parties
1. Where there are two or more claimants or respondents in a case, any party may submit an application for arbitration against the other parties relying on a same arbitration agreement. Prior to the constitution of the arbitral tribunal, the Court shall decide whether to accept such claims. After the constitution of the arbitral tribunal, the arbitral tribunal shall make the decision.
2. The request, acceptance, defense, and amendment of the claims referred to in the preceding paragraph shall be determined in accordance with the relevant provisions of this Chapter.
3. Once the application for arbitration referred to in the preceding paragraphs of this Article is accepted, the identities of the parties shall remain the same throughout the arbitration proceedings.
Article 22 Preservation Measures
1. In case where the enforcement of the award may be jeopardized or a party may incur other damages due to the act or other reasons of the other party, the party may apply for preservation of the other party’s property or an order that requires the other party to take certain action or refrain from taking certain action.
2. Under conditions where the evidence may be lost or later become difficult to obtain, a party may apply for evidence preservation.
3. When a party makes an application mentioned in the preceding paragraphs, the Court shall forward the party’s application to a people’s court of competent jurisdiction.
4. In the following situations of emergency, the parties may submit the application mentioned in the preceding paragraph before the application for arbitration is submitted:
(1) Failure to apply for preservation immediately will cause irreparable damage to its legitimate rights and interests;
(2) The evidence may be lost or will be difficult to obtain in the future.
5. The above provisions of this Article do not affect the rights of one party making an application for taking protective measures against the other party in accordance with local laws abroad.
Article 23 Representation
1. The parties may engage attorneys or other representatives. Where a party engages representatives, it shall submit to the Court a power of attorney, setting out the matters entrusted and the scope of the authorization. In case the entrusted matters and/or the scope of authorization are changed or terminated, the party shall notify the Court in writing. Such change or termination shall not affect the arbitration proceedings that have been conducted.
2. After the constitution of the arbitral tribunal, where a party engages a new representative that has a conflict of interests with a member of the arbitral tribunal, the Court may take necessary measures to prevent the occurrence of the conflict of interests, including to exclude the new representative(s) from participating in the arbitral proceedings.
Article 24 Interim Measures
1. For the proper advancement of the arbitral proceedings and the enforcement of the arbitral award, the arbitral tribunal may take interim measures in accordance with the law of the seat of arbitration, or the applicable law agreed upon by the parties, or the agreement of the parties. Interim measures include orders requiring a party to maintain the status quo, make restoration, prevent damages, cease damaging acts, preserve evidence, provide security of property.
2. The decision for interim measures may be made through an order of the arbitral tribunal or in other means as allowed by the relevant laws.
3. Before making decision for the interim measure, the arbitral tribunal shall hear the other party’s statement of and opinions on the case.
4. The party applying for interim measures shall provide corresponding security.
5. The decision for the interim measures is binding on the parties, and its legal effect of enforceability depends on the law of the place where the enforcement is sought.
Article 25 Preliminary Order
1. Where the conditions specified in Article 24 (1) are met, unless otherwise agreed by the parties, a party may apply to the arbitral tribunal to issue a preliminary order of granting interim measures without notifying the party against whom the interim measures are to be taken.
2. After receiving the application for a preliminary order, the arbitral tribunal may issue such an order if it believes that disclosing the application to the other party against whom the interim measures are to be taken may frustrate the purpose of such measures. The party applying for the preliminary order shall provide appropriate securities in accordance with Article 24 (4).
3. Once a preliminary order is issued, the arbitral tribunal shall promptly hear the statement of the case of the party to whom the preliminary order is directed, and shall promptly make decisions on the objections to the preliminary order.
4. A preliminary order is binding on the parties, but has no effect of enforceability. A preliminary order shall expire 20 days from the date of issuance of the preliminary order.
5. After giving proper notice to the party directed by the preliminary order and an opportunity to be heard of its case, the arbitral tribunal may decide to take interim measures in accordance with Article 24 to replace the preliminary order.
Article 26 Emergency Arbitrator
1. Pursuant to Article 24, if interim measures are urgently needed before the constitution of the arbitral tribunal, the Court may, upon the application of a party, appoint an emergency arbitrator to decide on the issuance of such interim measures.
2. Where the Court approves the party’s application for the appointment of an emergency arbitrator, it shall determine the relevant costs. After the claimant has paid the fees in advance, the President of the Court shall appoint the emergency arbitrator. Matters such as information disclosure, challenge, replacement of this arbitrator shall be governed by the relevant provisions of Chapter 4 in the Rules.
3. The decision of the emergency arbitrator shall not have binding effect on the subsequent arbitral tribunal and may be recognized, modified or revoked by the subsequent arbitral tribunal.
Article 27 Submission of Arbitration Documents
1. Parties shall primarily submit the application for arbitration, statement of defense, application for counterclaim, evidence and other written documents in electronic form through the Online Arbitration Platform of the Court. The parties may be required to submit corresponding hard copies of the arbitration documents, where the Court or the arbitral tribunal deems it necessary.
2. Where the parties submit arbitration documents in both electronic and hard-copy versions, they shall ensure the consistency between the versions. Unless the parties have agreed otherwise, the electronic version shall prevail in case of discrepancy in the versions.
CHAPTER IV ARBITRAL TRIBUNAL
Article 28 Independence and Impartiality of Arbitrators
Each arbitrator shall be independent of the parties and impartial throughout the arbitration proceedings.
Article 29 Panel of Arbitrators
1. The Court maintains a Panel of Arbitrators and may, as necessary, establish specialized panel of arbitrators.
2. The parties may nominate members of the arbitral tribunal from the Court’s Panel of Arbitrators, any specialist panel or the Greater Bay Area Panel of Arbitrators, except where the Court has imposed restrictions on the scope of application of a specialist panel.
Article 30 Nomination of Arbitrators Outside the Panel
The parties may nominate arbitrators from outside the Panels referred to in Article 29 of this Rule, provided that the arbitrators so nominated satisfy the statutory qualifications for arbitrators and are confirmed by the Court. The parties shall provide sufficient information demonstrating that the nominated arbitrator meets the statutory qualifications.
Article 31 Number of Arbitrators for the Arbitral Tribunal
1. The arbitral tribunal shall comprise one or three arbitrators. Unless otherwise agreed by the parties or otherwise provided in the Rules, the arbitral tribunal shall comprise three arbitrators.
2. Where the arbitral tribunal comprise three arbitrators, a Presiding Arbitrator shall be nominated. The Presiding Arbitrator shall:
(1) organize the members of the arbitral tribunal and other relevant personnel to prepare for hearings and carry out related tasks;
(2) preside over the hearings;
(3) preside over the deliberations of the arbitral tribunal;
(4) draft arbitral awards, procedural orders, comprise one or three and other legal instruments in accordance with the Rules; and
(5) perform other duties in connection with the arbitral proceedings in accordance with the Rules.
Article 32 Nomination and Appointment of Arbitrators
1. The Claimant and the Respondent shall each nominate, or entrust the President of the Court to appoint, one arbitrator within 15 days of receiving the Notice of Acceptance. Where a party fails to do so within the prescribed time limit, the President of the Court shall make the appointment.
2. The third arbitrator shall be jointly nominated by both parties, or appointed by the President of the Court jointly requested by both parties, within 15 days of the Respondent’s receipt of the Notice of Acceptance. The third arbitrator shall serve as the Presiding Arbitrator. Where the parties fail to jointly nominate the Presiding Arbitrator within the prescribed time limit, the President of the Court shall make the appointment.
3. Where the parties have agreed that the Presiding Arbitrator shall be jointly nominated by the two party-nominated arbitrators, the two arbitrators shall jointly nominate the Presiding Arbitrator within 15 days of receiving the notification from the Court. The Presiding Arbitrator so nominated shall be deemed to have been jointly nominated by both parties. Where the two arbitrators fail to jointly nominated the Presiding Arbitrator within the prescribed time limit, the President of the Court shall make the appointment.
4. With the consent of both parties, the Court may provide a list of five to seven candidates for Presiding Arbitrator, from which each party shall nominate one or more candidates within 15 days of receiving the Notice of Acceptance. Where there is one common candidate, that candidate shall be the Presiding Arbitrator jointly nominated by both parties; where there are two or more common candidates, the President of the Court shall appoint the Presiding Arbitrator from among the common candidates, who shall be deemed to have been jointly nominated by both parties; where there is no common candidate, the President of the Court shall appoint the Presiding Arbitrator from outside the list.
5. Where a party comprises two or more persons, they shall reach consensus on the nomination of an arbitrator or Presiding Arbitrator. Failing consensus, the President of the Court shall make the appointment in accordance with paragraphs (1) and (2) of this Article.
6. Where a party-nominated arbitrator requires costs and expense for travel and other necessary costs and expenses, that party shall bear and advance such costs and expenses. Where a party fails to advance such expenses within the prescribed time limit, the arbitrator shall be deemed not to have been validly nominated and the President of the Court shall make the appointment in accordance with the Rules.
7. In making an appointment pursuant to the Rules, the President of the Court shall take into consideration the nature and circumstances of the dispute, the applicable law, the seat of arbitration, the language of arbitration, and any other factors the President considers relevant.
8. Where an arbitrator declines nomination by a party, the party shall re-nominate upon receipt of notice to do so. Where fewer than 5 days remain before the expiry of the original time limit at the time of receipt of such notice, the period for re-nominate shall be 5 days. Failure to re-nominate within the prescribed time limit shall result in the appointment by President of the Court.
9. The Sole Arbitrator shall be nominated in accordance with the provisions of the Rules governing the nomination of the Presiding Arbitrator mutatis mutandis. In domestic cases, the nomination of the Sole Arbitrator shall be completed within 10 days of the Respondent’s receipt of the Notice of Acceptance; in foreign-related cases, within 15 days.
Article 33 Notice of Constitution of the Arbitral Tribunal
Upon the constitution of the arbitral tribunal, the Court shall promptly notify all parties in writing of the composition of the arbitral tribunal.
Article 34 Disclosure by Arbitrators
1. Upon accepting nomination or appointment, an arbitrator shall sign a declaration of independence and impartiality and shall promptly make written disclosure to the Court of any circumstances of which he is aware that are likely to give rise to reasonable doubts as to his or her impartiality or independence. The Court shall notify the parties in writing of such disclosure.
2. An arbitrator shall make continuing written disclosure to the Court of any circumstances that occur or come to his or her knowledge during the course of the arbitral proceedings that are required to be disclosed. The Court shall notify the parties in writing of such disclosure.
3. Within 5 days of the Court’s notification to the parties of information disclosed under paragraphs (1) and (2) of this Article, the parties may challenge the arbitrator on the basis of such disclosed information.
4. Where a party challenges an arbitrator on the basis of disclosed information, Articles 35 and 36 of the Rules shall apply.
5. Where a party fails to challenge within the time limit specified in paragraph (3) of this Article, that party may not subsequently challenge the arbitrator on the basis of the previously disclosed information.
Article 35 Grounds for Challenging an Arbitrator
1. An arbitrator shall be removed and the parties shall have the right to challenge an arbitrator, in any of the following circumstances:
(1) Be a party or a representative of a party to the case, or a close relative of a party or a party’s representative;
(2) Have a personal interest in the case;
(3) Have other relationships with the parties or their representatives that may affect the impartiality of the arbitration; or
(4) Privately meet the parties or their representatives or accepting a treat or gift from them.
2. The other relationships referred to in item 3 of the preceding paragraph include, but not limited to the following circumstances:
(1) Having previously advised a party on the case;
(2) Having a consultancy or other appointment with a party that is ongoing or terminated less than two years ago;
(3) Having acted as a representative or a defender for a party in a case closed less than two years ago;
(4) Being or having been a colleague of a party or a party’s representative, where the relationship ended less than two years ago;
(5) Having recommended or introduced a representative to a party in the present case;
(6) Having acted as a witness, expert, investigator, defender or agent in the present case or in a related case; or
(7) holding or having close relatives holding shares or equity interests in a non-listed company that is a party to the case.
Article 36 Application and Decision for Challenging an Arbitrator
1. Where a party has reasonable doubts as to the independence or impartiality of an arbitrator, the party has the right to apply for the challenge to that arbitrator. However, where a party applies for the challenge to an arbitrator whom that party nominated or participated in jointly nominating, the application may only be based on grounds that became known to the party after the nomination was made. An application for challenge shall be submitted to the Court in writing, stating the facts and reasons and providing supporting evidence.
2. An application for challenge shall be made before the first hearing. Where the grounds for challenge become known after the first hearing, the application may be made before the conclusion of the last hearing. If there is no further oral hearing or conducted on the basis of written submissions, the application shall be made within 10 days of the grounds becoming known and no later than the conclusion of the proceedings, except in the circumstances described in Article 34(3) of the Rules.
3. Upon receiving an application for challenge, the Court shall forward the application to the other parties and all members of the arbitral tribunal. The other parties, the challenged arbitrator and the other members of the arbitral tribunal may submit written submissions to the Court.
4. Where the other party agrees to the application for challenge, or the challenged arbitrator voluntarily withdraws upon learning of the application, the challenged arbitrator shall cease to participate in the case. Nonetheless, this shall not be taken as the grounds for challenge are established.
5. Except in the circumstances provided for in paragraph 4 of this Article, whether an arbitrator should be successfully challenged shall be finally decided by the President of the Court, who may, in the light of the specific circumstances, decide whether to give reasons for such decision.
6. Where, following notification of the composition of the arbitral tribunal, a party appoints a representative whose appointment gives rise to grounds for challenge under this Chapter, that party may not challenge the arbitrator on those grounds. Nonetheless, the other party’s right to challenge the arbitrator would not be affected. The party giving rise to the situation shall bear any costs or expenses incurred or increased thereby
7. Until the President of the Court has made a decision on whether an arbitrator should be removed, the challenged arbitrator shall continue to perform his or her duties.
Article 37 Replacement of the Arbitrator
1. An arbitrator shall be replaced if he or she dies, voluntarily withdraws from the arbitration, is removed by the decision of the President of the Court, or where reconstitution of the arbitral tribunal is required due to the joinder of new parties. If both parties unanimously request the replacement of an arbitrator, the arbitrator shall be replaced; both parties shall bear any increased costs resulting therefrom.
2. If an arbitrator is de jure or de facto unable to perform his or her duties, or fails to perform his or her duties in accordance with the Rules or other normative documents of the Court, the President of the Court may replace the arbitrator. Prior to making such decision, the President shall provide both parties and all members of the arbitral tribunal an opportunity to submit written opinions. The President’s decision on replacement shall be final, and the President may, in the light of the specific circumstances, decide whether to give reasons.
3. Where the arbitrator to be replaced was nominated by a party, that party shall re-nominate an arbitrator within 5 days of receiving notice to do so; failing which, the President of the Court shall appoint. Where the arbitrator to be replaced was appointed by the President of the Court, the President of the Court shall make a new appointment. Following replacement, the Court shall promptly notify the parties of the reconstitution of the arbitral tribunal.
4. Following the nomination or appointment of a replacement arbitrator, the newly constituted arbitral tribunal shall decide whether and to what extent the proceedings already conducted are to be repeated. Where the tribunal decides to repeat the arbitral proceedings in their entirety, the time limit for rendering the award shall be calculated from the date of reconstitution of the arbitral tribunal.
Article 38 Continuation of Arbitral Proceedings by the Majority of Arbitrators
After the conclusion of the last hearing, if an arbitrator of a three-member arbitral tribunal withdraws due to health issue or is unable to participate the arbitral proceedings in according with the Rules, the remaining two arbitrators may, with the consent of both parties and the approval of the President of the Court, continue with the arbitral proceedings. If a unanimous decision can be reached, the remaining two arbitrators may make decisions or award; if not, the vacancy shall be filled in accordance with Article 37 of the Rules.
CHAPTER V THE HEARING
Article 39 Decisions on Procedural Matters
1. The arbitral tribunal may make arrangements for procedural matters by way of procedural orders or other means.
2. Where a procedural matter is not governed by the Rules and the parties have not agreed on it, the arbitral tribunal has the authority to decide.
3. Where the arbitral tribunal decides on a procedural matter, such decision shall be made by majority vote. Where no majority can be formed, the decision shall be made in accordance with the view of the Presiding Arbitrator.
4. With the consent of the parties or the authorization of the other arbitrators, the Presiding Arbitrator may make decisions on procedural matters.
Article 40 Burden of Proof
1. Each party shall bear the burden of proving the facts on which it relies to support its claims or to rebut the other party’s claims. In domestic cases, the time limit for submitting evidence shall be 15 days from the party’s receipt of the Notice of Acceptance; in foreign-related cases, such time limit shall be determined by the arbitral tribunal. The parties may, by agreement, vary the time limit for submitting evidence.
2. Where a party has genuine difficulty in submitting evidence within the time limit, it shall submit a written application for an extension before the time limit expires. Whether to grant the extension shall be decided by the Court before the constitution of the arbitral tribunal, and by the arbitral tribunal thereafter.
3. Before issuing the document concluding the case, the arbitral tribunal may, as required by the hearing or at the request of a party, require the parties to supplement their evidence within a specified time limit.
4. The arbitral tribunal may accept evidence submitted out of time or new evidence where it considers necessary to do so or where the parties have so agreed.
Article 41 Submission and Verification of Evidence
1. When submitting evidence, a party shall classify and organize the evidence, indicate the page numbers, specify the purpose of proof, state the date of submission, and sign or affix a seal thereto. Where a party submits evidence on more than one occasion, the classification and pagination shall remain consistent.
2. The arbitral tribunal shall have the power to require the parties to provide electronic versions of documents related to the case.
3. Where documentary evidence submitted by a party is in a foreign language, the arbitral tribunal may, where it considers it necessary, require that party to provide a corresponding Chinese translation or a translation in another language.
4. Where necessary for the hearing of the case, the arbitral tribunal may arrange the parties to verify whether copies of the evidence already submitted are consistent with the originals. The arbitral tribunal may entrust the arbitral secretary with organizing such verification.
Article 42 Witness Testimony
1. A party applying for a witness to appear and testify shall submit the application in writing.Whether to approve such testification shall be decided by the arbitral tribunal. With the approval of the arbitral tribunal or the consent of the other party, a witness may also testify by means of written witness statement, audio-visual transmission technology, audio-visual materials or other appropriate means.
2. Regardless of whether a witness appears and testifies, the party applying for it shall provide the witness’s identity information, contact details and testimony, together with the witness’s identification document.
3. Where a witness appears and testifies, the arbitral tribunal and the parties may question the witness on relevant matters.
Article 43 Appraisal Opinions and Expert Opinions
1. Where a party requests that a professional institution, appraisal institution, expert or professional be engaged to provide an appraisal opinion or expert opinion on a professional issue, it shall submit a written application. Whether to grant such application shall be decided by the arbitral tribunal. Even in the absence of such application, the arbitral tribunal may, where it considers necessary, decide to commission an appraisal opinion or expert opinion.
2. As used in this Article, the appraisal opinion means the knowledge and judgment reached by a person with relevant qualifications or professional competence on relevant matters through professional or technical means such as identification, auditing, assessment, testing or inspection. The Expert opinion means the knowledge and judgment rendered by an expert on a professional issue.
3. The parties shall jointly select, or jointly entrust the arbitral tribunal to select, the professional institution, appraisal institution, expert or appraiser within the time limit specified by the arbitral tribunal. Failing such joint selection or joint entrustment, the arbitral tribunal shall make the selection.
4. The parties shall advance the relevant costs in the proportions agreed by them or determined by the arbitral tribunal. If such costs are not advanced, the arbitral tribunal shall have the power to decide not to proceed with the relevant procedure. The ultimate party or parties liable for such costs and the proportions thereof shall be determined by the arbitral tribunal in the document concluding the case.
5. The arbitral tribunal shall have the power to require the parties to provide or submit any documents, data, property or other items necessary for preparing the appraisal opinion or expert opinion. A party that refuses to do so shall bear the adverse consequences.
6. Appraisal opinions and expert opinions shall be made in writing. Copies thereof shall be forwarded to the parties, who shall be afforded an opportunity to comment.
7. The arbitral tribunal may, at the request of a party or on its own initiative, notify the appraiser or expert to attend the hearing. With the permission of the arbitral tribunal, the parties may question the appraiser or expert on matters relating to the appraisal opinion or expert opinion. Where an appraiser or expert refuses to attend the hearing, the arbitral tribunal shall have the power not to admit the relevant appraisal opinion or expert opinion.
8. Matters relating to appraisal opinions and expert opinions not provided for in this Article shall be governed by the specific provisions formulated by the Court.
Article 44 Expert Witnesses
1. A party may apply for one or two expert witnesses to appear at a hearing to present opinions, on behalf of that party, on expert reports or on technical matters relevant to the facts of the case. Whether to approve such application shall be decided by the arbitral tribunal.
2. A party applying for an expert witness to appear at a hearing shall provide that person’s identity information, contact details and the technical matters on which opinions are to be presented, together with that person’s identification document and evidence of the relevant expertise.
3. Where an expert witness presents an opinion at a hearing on an expert opinion or on technical matters relevant to the facts of the case, and the party on whose behalf that expert witness appears does not expressly object to such opinion, it shall be deemed to constitute that party’s own submissions.
4. With the permission of the arbitral tribunal, the parties may question the expert witnesses appearing at the hearing. The expert witnesses engaged by the respective parties may debate the relevant issues in the case.
5. Expert witnesses shall not participate in any part of the arbitral proceedings other than the examination of the professional issues for which they are applied.
Article 45 Collection of Evidence by the Arbitral Tribunal
1. Where a party so requests and the arbitral tribunal considers it necessary, or where the arbitral tribunal considers it necessary in light of the circumstances of the case notwithstanding the absence of such request, the arbitral tribunal may investigate facts and collect evidence. Where necessary, the arbitral tribunal may request assistance from the relevant authorities in accordance with law.
2. When investigating facts or collecting evidence on its own, the arbitral tribunal may notify one or both parties to be present. Failure of one or both parties to attend after receiving such notice shall not affect the investigation or collection of evidence.
3. Evidence collected by the arbitral tribunal on its own shall be forwarded to both parties for comment.
Article 46 Examination of Evidence
1. Evidence exchanged before a hearing shall be examined at the hearing. If there is no oral hearing during the arbitral proceedings, the examination of evidence shall be conducted in writing. Where a party needs time to prepare for the examination of evidence, it may request the arbitral tribunal to grant the necessary preparation time.
2. Where evidence is submitted by a party at or after the hearing, and the arbitral tribunal decides to admit such evidence without reconvening the hearing, the arbitral tribunal may require the parties to submit comments on such evidence in writing within a specified time limit.
Article 47 Assessment of Evidence
1. The arbitral tribunal shall assess the evidence comprehensively in accordance with the relevant laws and regulations, with reference to judicial interpretations and other regulatory documents, taking into account commercial practices and trade usages, and applying logical reasoning and rules of experience.
2. Evidence admitted by the other party at a pre-hearing conference, or admitted by a party in the application for arbitration, statement of defense or other written submissions, may, following notification by the arbitral tribunal at the hearing, be used directly as the basis for ascertaining the facts of the case without being presented.
Article 48 Hearings Not Open to the Public
Hearings shall not be open to the public. Where both parties request a public hearing, the arbitral tribunal may conduct the hearing in public, except for cases involving State secrets, another person’s trade secrets, or personal privacy.
Article 49 Oral Hearings and Written Proceedings
1. The arbitral tribunal shall hear the case by way of oral hearing. Oral hearings may be conducted by remote video conference or other online means, unless a party expressly objects.
2. Where the parties have agreed to dispense with an oral hearing and the arbitral tribunal consents, or where the arbitral tribunal considers an oral hearing unnecessary and both parties have consented in writing, the arbitral tribunal may conduct the arbitration on the basis of written submissions in lieu of oral hearings. Nonetheless, where the amount in dispute is substantial, the case is complex or sensitive, the interests of a third party may be involved, or the case is otherwise unsuitable for written proceedings, the Court may decide that an oral hearing shall be held.
3. Regardless of the form of proceedings adopted, the arbitral tribunal shall treat both parties fairly and impartially and shall afford both parties a reasonable opportunity to present and argue their cases.
Article 50 Pre-Hearing Conference
1. Before the hearing, as may be needed for the examination of the case, the arbitral tribunal or, with the arbitral tribunal’s authorization, one or more members of the arbitral tribunal may convene a pre-hearing conference with the parties to clarify the preliminary procedural arrangements for the hearing of the case. records shall be made of the conference and signed or sealed by the arbitrator(s), the parties and the recording officer.
2. A pre-hearing conference may address the following procedural matters:
(1) clarifying the claims of the parties, identifying the issues in dispute and defining the scope of the hearing;
(2) verifying the parties’ contact details, service addresses, the seat of arbitration, the language of arbitration, and the applicable procedural rules;
(3) ascertaining whether the parties are willing to engage in mediation and, if so, the time limit therefor;
(4) organizing the exchange and admission of evidence and identifying the list of witnesses to appear at the hearing; and
(5) other relevant procedural matters.
3. Based on the outcome of the pre-hearing conference, the arbitral tribunal may prepare terms of reference and a procedural timetable and forward them to all parties for confirmation.
Article 51 Place of Oral Hearing
1. Unless otherwise agreed by the parties, hearings shall be held at the location of the Court. Where the arbitral tribunal considers it necessary and the Court consents, hearings may also be held at another place.
2. Where the parties have agreed that hearings shall be held at a place other than the location of the Court, they shall bear the corresponding costs. The parties shall, in the proportions agreed by them or determined by the Court, advance such costs within the time limit notified by the Court. If such costs are not advanced, the Court shall decide the place of hearing.
Article 52 Notice of Hearing
1. The arbitral tribunal shall notify the parties of the time and place of the hearing at least 5 days prior to the hearing in domestic cases and least 20 days prior to the hearing in foreign-related cases. Where the parties so agree and the arbitral tribunal consents, the hearing may be held earlier.
2. A party having justifiable reasons to request postponement of a hearing shall submit a written application at least 3 days prior to the hearing in domestic cases, and at least 7 days prior to the hearing in foreign-related cases. Whether to postpone the hearing shall be decided by the arbitral tribunal. Where a party has justifiable reasons for being unable to submit such application within the prescribed time limit, whether to accept the application shall also be decided by the arbitral tribunal.
3. Notice of a subsequent hearing after the first hearing shall not be subject to the time limits specified in paragraph 1 of this Article.
Article 53 Statement at Hearing
At the hearing, the arbitral tribunal shall make a statement as to its independence and impartiality. The parties and their representatives, witnesses, appraisers and other relevant persons may make statements regarding good faith and bona fide cooperation.
Article 54 Default
1. Where the Claimant, without justifiable reasons, fails to appear at a hearing, or withdraws from an ongoing hearing without the permission of the arbitral tribunal, the Claimant shall be deemed to have withdrawn the application for arbitration. Where the Claimant thereafter requests that the proceedings continue, the arbitral tribunal may, in light of the circumstances, continue the proceedings. If the Respondent has filed a counterclaim, such default shall not affect the arbitral tribunal’s hearing of the counterclaim and the rendering of an award thereon.
2. Where the Respondent, without justifiable reasons, fails to appear at a hearing, or withdraws from an ongoing hearing without the permission of the arbitral tribunal, the arbitral proceedings shall continue. After examining the claims, the facts and grounds relied upon by the parties, and the evidence submitted, the arbitral tribunal has the power to render an award. If the Respondent has filed a counterclaim, the counterclaim shall be deemed to have been withdrawn. Where the Respondent thereafter requests that the proceedings continue, the arbitral tribunal may, in light of the circumstances, continue the proceedings.
Article 55 Investigation at Hearing, Oral Arguments and Closing Statements
1. The arbitral tribunal shall conduct a factual investigation at the hearing.
2. Following the investigation at the hearing, the arbitral tribunal shall organize oral arguments by the parties. The parties may also submit written arguments, and the arbitral tribunal may, in light of the conduct of the proceedings, require the parties to submit written arguments within a specified time limit.
3. At the conclusion of the oral arguments, the arbitral tribunal shall solicit closing statements from the parties. Closing statements may be presented orally at the hearing or in writing within a time limit set by the arbitral tribunal.
Article 56 Records of Hearing
1. In domestic cases, the arbitral tribunal shall keep records of the hearing. The records shall be signed or sealed by the arbitrators, the recording officer, the parties and other participants in the arbitration. Where a party or other participant refuses to sign or affix a seal, the recording officer shall note the refusal in the file. Where a party or other participant considers that the record of that person’s statement contains omissions or errors, that person has the right to apply for corrections. If the application is not granted, the application shall be recorded.
2. In foreign-related cases, the arbitral tribunal may decide whether the hearing shall be recorded in the form of records or a summary record. The records or a summary record may be signed or sealed by the parties and other participants in the arbitration.
3. The Court may make audio or video recordings of the hearing. Such recordings shall be for the reference and use of the Court and the arbitral tribunal only and shall not be made public.
4. Without the consent of the arbitral tribunal, the parties, other participants in the arbitration or observers shall not make any audio or video recordings.
Article 57 Concurrent Conduct of Arbitrations
Where two or more arbitration cases involve the same, similar or related legal or factual issues, and the composition of the arbitral tribunal and the Presiding Arbitrator are the same, the arbitral tribunal may, with the consent of the parties, concurrently conduct the Arbitration proceedings.
Article 58 Consolidation of Arbitrations
1. With the written consent of the parties, the Court may decide to consolidate two or more related arbitration cases into a single arbitration and to be heard by the same arbitral tribunal.
2. Unless otherwise agreed by the parties, the cases to be consolidated shall be consolidated into the case in which arbitral proceedings were first commenced. Following consolidation, the arbitral tribunal shall be reconstituted in accordance with Article 32 of the Rules.
3. Unless otherwise agreed by the parties, the newly constituted arbitral tribunal shall decide whether and to what extent the proceedings conducted prior to consolidation are to be repeated. Where the proceedings are to be repeated, the time limit for rendering the award shall be calculated from the date of consolidation.
4. Following consolidation, the arbitral tribunal shall have the power to render separate awards or a single award in respect of the disputes between the parties.
5. Following consolidation, the arbitration fees already collected in respect of each case shall be converted into the arbitration fees for the consolidated case.
Article 59 Substitution of Party
1. After the commencement of arbitral proceedings, where a legal person or unincorporated organization undergoes a merger or division, a natural person dies, or a claim or obligation is transferred, the Court or the arbitral tribunal has the power, upon the application of a party and having regard to the specific circumstances of the case, to decide whether to substitute the successor to the rights and obligations as a party.
2. Following the substitution of a party, the Court or the arbitral tribunal has the power to decide whether the arbitral proceedings already conducted shall be repeated.
Article 60 Joinder of Additional Party
1. After the commencement of arbitral proceedings, a party may apply in writing for a non-party under the same arbitration agreement to join the arbitration, and such non-party may also apply to join the arbitration. The application for joinder shall be submitted to the Court. Whether to approve such application shall be decided by the Court before the constitution of the arbitral tribunal; following constitution, the application must first be consented to by the arbitral tribunal before the Court makes its decision. An application to join an additional Respondent shall be filed by the Claimant; an additional Claimant may be joined only with the written consent of, or upon an application by the proposed additional Claimant.
2. With the written consent of both existing parties and the third party concerned, a party may apply for the third party to join the arbitration as a party, and the third party may also apply to join the arbitration. Whether to approve such application shall be decided by the Court before the constitution of the arbitral tribunal; following the constitution, the application must first be consented to by the arbitral tribunal before the Court makes its decision.
3. Where, after the constitution of the arbitral tribunal, the Court decides to approve the joinder of an additional party, such additional party shall be deemed to have accepted the constitution of the arbitral tribunal if it has consented in writing to, or applied for, the joinder. Where the additional party is joined as a Respondent without having made any written statement, it may request to exercise the right to select an arbitrator. Whether the arbitral proceedings conducted prior to the joinder are to be repeated shall be decided by the arbitral tribunal; however, if the additional party so requests, the arbitral tribunal shall repeat the arbitral proceedings.
4. The other rights and restrictions applicable to the participation of an additional party in the arbitration shall be determined with reference to the relevant provisions of the Rules. Other parties may raise objections to the validity of the arbitration agreement or to jurisdiction in relation to the joinder proceedings in accordance with the relevant provisions of the Rules.
Article 61 Award on the Basis of a Settlement Agreement
1. Where the parties have concluded a settlement agreement through direct negotiation or through mediation conducted by a mediation institution, they may request the Court to render an award in accordance with the terms of the settlement agreement. Upon accepting the application, the Court shall constitute an arbitral tribunal in accordance with the relevant provisions of the Rules.
2. The matters and terms of settlement referred to in this Article shall not prejudice the public interest or the interests of any third party, nor shall they be used to circumvent any relevant law.
3. Before rendering an award in accordance with the terms of the settlement agreement, the arbitral tribunal shall conduct a comprehensive review of the parties’ request, the relevant contract, the settlement agreement and the other evidentiary materials. Where the request violates paragraph 2 of this Article, the arbitral tribunal shall reject the request.
4. Where the arbitral tribunal closes the case by rendering an award, it shall state in the award that the award is rendered on the basis of the settlement agreement.
Article 62 Mediation by the Arbitral Tribunal
1. The arbitral tribunal may, at the request of the parties or with the consent of the parties, conduct mediation.
2. Where the parties reach a settlement agreement through mediation by the arbitral tribunal, they may request the arbitral tribunal either to issue a mediation statement in accordance with the terms of the settlement agreement or to render an award in accordance with the terms of the settlement agreement. A mediation statement shall have the same legal effect as an arbitral award.
3. The mediation statement shall state the arbitration claims, the results agreed by the parties and the allocation of arbitration fees. It shall be signed by the arbitrators, affixed with the seal of the Court and served on both parties. The mediation statement shall become legally effective upon acknowledgement of receipt by both parties. Where a party repudiates the settlement before acknowledging receipt of the statement of mediation, the arbitral tribunal shall promptly render an award.
4. The arbitral tribunal shall correct any clerical, typographical or computational error or any other error of a similar nature in the mediation statement. The parties also have the right to request corrections within 30 days after acknowledging receipt of the mediation statement. Corrections shall form part of the mediation statement and shall become legally effective upon acknowledgement of receipt by both parties.
5. Where mediation is unsuccessful, the arbitral tribunal shall continue the arbitral proceedings and render an award. No party may rely on any opinion, view, statement, suggestion or proposition made by the other party or by the arbitral tribunal in the course of mediation as the basis for any claim, defense or counterclaim in any subsequent arbitral, judicial or other proceedings.
Article 63 Withdrawal and Dismissal
1. A party may apply to withdraw its claim or counterclaim. If the Claimant withdraws all its claims, the arbitral tribunal may continue with the arbitral proceedings and make an award for the counterclaim of the Respondent without being affected by such withdrawal; if the Respondent withdraws all its counterclaims, the arbitral tribunal may proceed with the arbitral proceedings and make an award for the claim of the Claimant without being affected by such withdrawal.
2. After a party has withdrawn all its claims or counterclaims, that party submits an application for arbitration again on the withdrawn claims but applies for the withdrawal of all its claims where the oral hearing has commenced, the arbitral tribunal may give the other party an opportunity to express opinions. If the other party raises an objection which can be agreed by the arbitral tribunal, with the consent of the Court, the arbitral tribunal may not allow the withdrawal and continue the arbitral proceedings.
3. The Court or the arbitral tribunal may make a decision to dismiss the case or to reject the application for arbitration where it is unnecessary or impossible to continue the arbitral proceedings for whatever reason.
4. The parties may re-apply for arbitration in accordance with the arbitration agreement respecting an application that has been withdrawn.
Article 64 Suspension of Arbitration Proceedings
1. Arbitral proceedings may be suspended if there is any of the following circumstances:
(1) One party applies to a court with jurisdiction to determine the validity of the arbitration agreement;
(2) One party dies, pending the participation of the heir in the arbitration;
(3) One of the parties has lost the legal capacity to participate in arbitration and the legal representative has not yet been determined;
(4) The legal person or unincorporated organization as a party is terminated and the successor of its rights and obligations has not been determined;
(5) One party is unable to participate in the arbitration due to force majeure;
(6) The decision of this case must be based on the decision of another case and the other case has not yet been concluded;
(7) Other circumstances under which the arbitral proceedings may be suspended.
2. After the reason for suspension is eliminated, the arbitral proceedings shall be resumed.
3. If the reason for suspension occurs before the constitution of the arbitral tribunal, the Court shall decide whether to suspend the arbitral proceedings. If the reason for suspension occurs after the constitution of the arbitral tribunal, the arbitral tribunal shall decide whether to suspend the arbitral proceedings but the arbitral tribunal shall continue with the arbitral proceedings where the Court considers it is inappropriate to suspend the proceedings. The decision to suspend the arbitral proceedings shall be served on the parties.
Article 65 Closing of Hearing
Where the arbitral tribunal believes that the parties have fully stated the facts and expressed opinions, it can declare the closing of the hearing. After closing the hearing, the parties may no longer present any evidence or make any statement. However, before making the award, where it deems necessary the arbitral tribunal can resume the hearing.
CHAPTER VI ARBITRAL AWARD
Article 66 Time Limit for Rendering the Award
1. From the date of constitution, the arbitral tribunal shall make an award within 4 months for a domestic case and 6 months for a foreign-related case. If there is a special circumstance that requires an appropriate extension of the time limit, upon the request of the arbitral tribunal, the Court may decide to extend it if deemed justified and necessary.
2. The following periods shall not be calculated into the above-mentioned time limit:
(1) The period of auditing, evaluation, appraisal, inspection, examination, and expert consultation;
(2) The period of mediation being conducted and the period of the parties’ negotiating a settlement outside the hearing;
(3) The period of arbitral proceedings being suspended in accordance with law and the Rules.
Article 67 Applicable Law
1. If the parties have agreed that a foreign law shall be the applicable law of the contract in a foreign-related case and the arbitral tribunal, upon review, finds that such choice does not violate any mandatory provisions of Chinese law and does not harm the social public interests, the arbitral tribunal shall make the award in accordance with the law so chosen. Unless otherwise agreed by the parties, the law chosen by the parties refers to the substantive law and not conflict of laws rules. If the parties did not make a choice of law or the law chosen is in conflict with the mandatory provisions of the law of the seat of the arbitration, the arbitral tribunal shall have the power to determine the applicable law according to the circumstances of the case.
2. If one or both parties are Hong Kong-invested or Macao-invested enterprises registered and established in Shenzhen or Zhuhai, and have agreed to apply the law of the Hong Kong Special Administrative Region or the Macao Special Administrative Region, paragraph (1) of this Article shall apply accordingly.
3. According to the written agreement of amicable arbitration between the parties, the arbitral tribunal may make an award in accordance with the equity principles of good faith, good will and reasonableness and business customs; such award shall not violate the mandatory provisions of laws and administrative regulations and do harm to the public interests.
Article 68 Rendering the Arbitral Award
1. In the arbitral award, the arbitral tribunal shall specify the claims, the disputed facts, the reasons, the results of the award, the allocation of arbitration fees and the date of the award. Where the parties have agreed not to specify the facts of the dispute and the reasons for the award or the award is made in accordance with the settlement agreement between the parties, the facts of the dispute and the reasons for the award may not be stated. The arbitral tribunal can determine the specific time limit for the parties to fulfill the obligations set forth in the arbitral award.
2. The arbitral award shall be affixed with the seal or electronic signature of the Court.
3. For cases heard by an arbitral tribunal composed of three arbitrators, the award shall be made in accordance with the opinions of all arbitrators or the majority arbitrators. The written opinions of the minority arbitrator shall be attached to the file of the case.
4. Where the arbitral tribunal cannot form a majority opinion, the award shall be made in accordance with the opinion of the presiding arbitrator. The written opinions of other arbitrators shall be attached to the file.
5. The award shall be signed or electronically signed by the arbitrators. The arbitrator who reserved his or her opinions on the award may sign or not sign; the arbitrator who does not sign shall provide reasons to the Court.
6. The arbitral award shall be final and binding on both parties. The date on which the award is rendered is the date on which the award becomes legally binding.
Article 69 Preliminary Award
Where the arbitral tribunal deems it necessary or at the request of the parties and approved by the arbitral tribunal, the arbitral tribunal may render a preliminary award before it makes the final award. The preliminary award is final and binding on both parties. Where the parties fail to carry out the preliminary award, the arbitral proceedings may continue and the final award can be rendered without being affected by such failure.
Article 70 Prevention of Fraudulent Arbitration
Where the arbitral tribunal discovers that a party has unilaterally fabricated the basic facts to file an application for arbitration, or that the parties have colluded in bad faith in an attempt to harm the national interests, social public interests, or the legitimate rights and interests of others through arbitration, the arbitral tribunal shall dismiss the case.
Article 71 Scrutiny of Draft Award
Before signing the award, the arbitral tribunal shall submit the draft award to the Court for scrutiny. The Court may propose amendments to the formality of the award or directly make amendments to the formality of the award. The Court may also make suggestions on substantive issues with the arbitral tribunal’s autonomous power of making decisions being unaffected. Where the arbitral tribunal does not adopt the suggestions on substantive issues made by the Court, it shall submit a written explanation to the Court.
Article 72 Apportionment of Costs
1. Additional expenses incurred on the special requirements of the parties for the arbitral proceedings or on the needs of the hearing shall be collected in advance by the Court. The above-mentioned expenses include but not limited to appraisal fees, evaluation fees, auditing fees, travel expenses for arbitrators dealing with the case, and expenses for hiring experts and translators by the arbitral tribunal. If the parties do not advance such expenses, the Court or the arbitral tribunal may cease to conduct the relevant procedures.
2. If the parties agree not to have the hearing in the Court, they shall advance the necessary expenses that may result therefrom. At the conclusion of the case, the Court shall deduct the actual expenses from the advanced payment or collect the shortfall of the expenses from the parties. If the parties do not advance such expenses, the hearing shall be held in the Court.
3. The Court shall collect arbitration fees from the parties in accordance with the established standards. The parties can make an agreement on the proportion of arbitration fees to be borne by each one respectively. If the parties did not have an agreement, the losing party shall in principle bear the arbitration fees but the arbitral tribunal may decide the allocation of the arbitration fees between the parties in the proportions it considers reasonable after taking into account the relevant circumstances. If the parties partially win and lose the case, the arbitral tribunal shall determine the respective proportions of the arbitration fees to be borne by each party, based on the proportion of losing the case, the degree of responsibilities of the parties and other factors.
4. In the light of the circumstances of the case, the arbitral tribunal can make an award requiring the losing party to compensate the winning party for the reasonable expenses incurred during the case, including but not limited to attorney fees, preservation fees, travel expenses, notarization fees, and fees for the engagement of the expert witness to appear at the hearing.
5. Where the arbitral tribunal decides that the losing party shall compensate for the expenses incurred to the winning party for the case, it shall award the amount within the limit of being necessary and reasonable by comprehensively considering the outcome of the case, the complexity of the case, the actual workload of the winning party and its representative and the disputed amount of the case.
6. Where other expenses have been incurred to a party as a result of the other party’s breach of the relevant provisions of the Rules, that other party shall bear such expenses.
Article 73 Correction of the Award
Within 30 days after receiving the award, either party may request in writing the arbitral tribunal to make corrections for the mistakes in the award such as writing, printing, calculation or other errors of similar nature. If the arbitral tribunal considers the request justified, it shall make corrections within 30 days from the date of receipt of the written request. The arbitral tribunal may also make corrections on its own initiative within a reasonable time after issuing the award. The corrections to the award are an integral part of the award and shall be subject to the relevant provisions of Article 68 of the Rules.
Article 74 Additional Award
1. Where the arbitral tribunal has decided on a matter but omitted it from the award, the arbitral tribunal shall render an additional award on that matter.
2. Where a party discovers the situation as described in the preceding paragraph of this Article, he may request in writing the arbitral tribunal to make an additional award within 30 days from the date of receipt of the award. If an omission has indeed occurred, the arbitral tribunal shall make an additional award within 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 time after issuing the award.
3. The above-mentioned additional award is an integral part of the original award and shall be subject to the relevant provisions of Article 68 of the Rules.
Article 75 Carrying out the Award or Mediation Statement
1. The parties shall voluntarily and fully carry out the award or the mediation statement in accordance with the time limit set therein; if no time limit is set, they shall carry out immediately.
2. Where one party fails to carry out the award or the mediation statement, the other party may apply to a people’s court with jurisdiction for its execution.
Article 76 Arbitration de novo
Where a party applies for revocation of the award, and the people’s court informs the arbitral tribunal to arbitrate the case de novo and the arbitral tribunal does not refuse to do so, the original arbitral tribunal shall conduct the arbitration de novo. However, if arbitrators shall be replaced according to the relevant provisions of the Rules, a new arbitral tribunal may be formed to conduct the arbitration de novo.
Article 77 Internal Appeal Mechanism
1. In accordance with the law of the seat of arbitration or the applicable law chosen by the parties, the parties may agree in writing on the internal appeal mechanism before the award is rendered.
2. If the parties have agreed on an internal appeal mechanism in writing but have not agreed on a specific appellate body or arbitral tribunal for the appeal, the Court shall be the appellate body. If the parties have not agreed on the appeal procedure, the relevant provisions of this Article shall apply; if there is no provision applicable in this Article, reference shall be made to the relevant provisions of the Rules.
3. If a party applies for internal appeal according to paragraphs 1 and 2 of this Article, a written application shall be submitted to the Court within 15 days from the date of receipt of the original award.
4. Where the Court is the appellate body for the internal appeal, if the party fails to file an appeal application in accordance with paragraph 3 of this Article, the original arbitral award shall come into force; if the party submits an appeal application in accordance with paragraph 3 of this Article, the original award shall not be final.
5. If the parties have not agreed on the composition of the appeal tribunal, it shall be constituted by the Court in accordance with the relevant provisions of the Rules; no member of the original arbitral tribunal shall be a member of the appeal tribunal.
6. The appeal tribunal shall conduct a comprehensive review of the original arbitral award unless the parties have agreed on the specific scope of the internal appeal.
7. The appeal tribunal may maintain or modify the original arbitral award. The award rendered by the appeal tribunal shall be final and binding upon the parties.
8. If a party applies for internal appeal to the Court, the party shall advance the appeal fees which shall be determined with reference to the Court’s schedule for arbitration fees.
CHAPTER VII EXPEDITED PROCEDURE
Article 78 Application of Expedited Procedure
1. Unless the parties have agreed otherwise, if the amount in dispute does not exceed RMB 3 million (including 3 million), the expedited procedure shall apply.
2. Where the disputed amount exceeds RMB 3 million, the expedited procedure may apply if both parties so agree or consent. However, for cases in which the disputed amount is relatively large and the fact is complicated, the normal procedure shall apply, upon the decision of the Court.
3. If there is no disputed amount or the disputed amount is unclear, the Court shall decide whether the expedited procedure shall apply, in the light of the complexity of the case, the significance of the interests involved, and other relevant factors.
Article 79 Constitution of the Arbitral Tribunal
Arbitration conducted under the expedited procedure shall be heard by an arbitral tribunal comprised a sole arbitrator in accordance with Article 32 of the Rules, except where the Court deems it necessary to constitute an arbitral tribunal with three arbitrators.
Article 80 Defense and Counterclaim
1. The Respondent in domestic cases shall submit its statement of defense and relevant supporting documents to the Court within 10 days upon the receipt of the notice of acceptance; such time limit shall be 20 days in foreign-related cases. If the respondent has a counterclaim, the application for counterclaim and relevant supporting documents shall also be submitted within the above time limit.
2. The Claimant in domestic cases shall submit a statement of defense and relevant supporting documents to the Court within 10 days after receiving the copy of the application for counterclaim and relevant materials; such time limit shall be 20 days in foreign-related cases.
3. If a party requests an extension of the time limit for submitting the statement of defense and relevant supporting documents, the request shall be made in writing. Where the arbitral tribunal considers the party’s request justified, it may decide to extend the time limit; such decision shall be made by the Court before the constitution of the arbitral tribunal.
Article 81 Conduct of the Arbitral Proceedings
1. The arbitral tribunal may conduct the arbitral proceedings in the mode it deems appropriate. After soliciting the opinions of the parties, the arbitral tribunal may decide to conduct the arbitration document-only or to hold an oral hearing.
2. Where an oral hearing is held, the arbitral tribunal shall notify the parties of the date and place of the hearing at least 3 days prior to the hearing day in domestic cases, and 10 days in foreign-related cases. The notification of subsequent hearings is not subject to this time limit. Where a party has a justifiable reason to request postponement of the hearing, it shall submit a written request 1 day prior to the hearing day in domestic cases, and 5 days in foreign-related cases. The arbitral tribunal shall decide whether or not to allow the postponement.
3. For cases with an oral hearing, only one oral hearing shall be held; the arbitral tribunal may decide to hold an additional hearing if truly necessary.
Article 82 Change of Procedure
1. During the pendency of the expedited procedure, where the arbitral tribunal considers it necessary or both parties agree to change the expedited procedure to the ordinary procedure, the Court may decide whether to change the procedure.
2. Where the amendment of the claim or the submission or amendment of the counterclaim causes the disputed amount to exceed RMB 3 million, the Court may decide to change the expedited procedure to the ordinary procedure in accordance with the application of a party or the opinion of the arbitral tribunal.
3. Upon the change of the procedure from the expedited procedure to the ordinary procedure, the arbitral tribunal shall be changed from a sole arbitrator to a three-member tribunal, the parties shall respectively select or respectively entrust the president of the Court to appoint one arbitrator in accordance with the Rules within 5 days after the date of receipt of the notice of the change of procedure. If the parties fail to do so within the time limit, the arbitrators shall be appointed by the president of the Court. Unless the parties agree otherwise, the sole arbitrator originally appointed shall be the presiding arbitrator.
4. The new arbitral tribunal shall decide whether and to what extent the arbitral proceedings already conducted prior to the procedure change shall be repeated. Where the new arbitral tribunal decides to repeat the arbitral proceedings in their entirety, the time limit prescribed in Paragraph 1 of Article 66 of the Rules shall be recalculated from the date on which the new arbitral tribunal is constituted.
Article 83 Time Limit for Rendering the Award
The arbitral tribunal, after the date of its constitution, shall render the award within 2 months in domestic cases and 4 months in foreign-related cases. Where there is a special circumstance that requires an appropriate extension of the time limit, at the request of the arbitral tribunal, the Court may decide to extend if it deems justified and necessary.
Article 84 Applicability of Other Provisions of the Rules
For matters not covered in this Chapter, the relevant provisions of other Chapters of the Rules shall apply.
CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 85 Expert Consultation Meeting
The Court or the arbitral tribunal may, as needed for the hearing of the case, convene an expert consultation meeting to obtain advisory opinions. The arbitral tribunal shall duly consider the written opinions of the expert consultation meeting and if deciding not to adopt those opinions, it shall state the reasons in writing to the Court.
Article 86 Methods of Service
1. Arbitration documents may be served by electronic service, direct service, post service, forwarding service, etc., or other methods deemed appropriate by the Court or the arbitral tribunal. If the parties have agreed otherwise, their agreement shall prevail.
2. The time of service shall be the earliest time at which the arbitration document reaches the addressee by any of the methods set out above. Where there is a dispute as to the time of service, the Court or the arbitral tribunal shall determine the time of service.
Article 87 Electronic Service
1. Arbitration documents shall be served on the parties or their representatives primarily through the Court's online arbitration platform, email, SMS, instant messaging tools, or other electronic means.
2. The date of service shall be the date on which the Court's system records successful transmission of the fax, e-mail, or text message. Where the addressee proves that the date on which the document arrived in its specific system differs from the date recorded by the Court's system, the date proved by the addressee shall prevail.
Article 88 Direct Service
1. If direct service is to be applied, the arbitration document shall be directly delivered to the person to be served or its arbitration representative or designated recipient
2. If the person to be served is a natural person, the arbitration document shall be receipted by his or her adult family member when he is absent. If the person to be served is a legal person or other organization, the arbitration document shall be received by the legal representative of the legal person, or the person in charge of the other organization or staff in the office, mail room or duty room. The date signed by the above-mentioned personnel is taken as the date of service. If the person to be served refuses to accept the arbitration document, the arbitration document can be left at its domicile and the service is deemed to have been completed by a recording of the service process through taking photos or videos, etc.
3. The Court may directly serve the party other than the party’s domicile. If the party refuses to sign the receipt of service, the service is deemed to have been completed by a recording of the service process through taking photos or videos etc.
4. If the party, its representative or designated recipient has arrived at the Court but refuses to sign the receipt of service, the service shall be deemed to have been completed. The person performing the service shall write down the reason and date of the refusal on the receipt of service and sign.
Article 89 Service by Post
1. If service is conducted by post, it shall be deemed to have been completed in the following circumstances:
(1) Posted to the address for service confirmed by the parties during the arbitration;
(2) If no such address exists, posted to the address for service agreed in the disputed contract;
(3) If further no such an address, posted to the correspondence address agreed by the contractual parties;
(4) If no addresses mentioned above, posted to the address indicated on his or her ID card or his or her habitual residence where the addressee is a natural person; posted to the address of domicile as indicated in the certificate of its industrial and commercial registration or other legal registration or report where the addressee is a legal person or other organization;
(5) In the absence of any above address and after a reasonable investigation, the addressee’s business place, habitual residence and correspondence address still cannot be found, posted to the addressee’s last known business place or registered address or other correspondence address.
2. In the case of service by post, the date indicated on the receipt of service shall be taken as the date of service. If the addressee refuses to sign for receipt or no one signs for receipt, the date on which the mail is returned shall be deemed the date of service.
3. Where the first service by post is successful, in the subsequent proceedings, service by post to the same address shall be deemed effective even if no one signs for receipt.
Article 90 Service through Forwarding
Where the person to be served is a member of the Chinese armed forces, service shall be forwarded through the relevant military unit; where the person to be served is imprisoned in Mainland China, service shall be forwarded through the relevant detention facility; where the person to be served is subject to compulsory education measures in Mainland China, service shall be forwarded through the relevant institution administering such measures.
Article 91 Calculation and Extension of Time Limit
1. Any time limit specified or determined in accordance with the Rules shall start to run on the day following the date on which such time limit commences. The starting date for the time limit shall not be counted.
2. Public holidays and non-working days within the time limit shall be included in the time limit. If the expiration date of the time limit is a public holiday or non-working day, the first working day thereafter shall be the expiration date of the time limit.
3. The time limit does not include the time in transit. Any arbitration documents and notices mailed out or dispatched within the time limit shall be deemed timely.
4. If the time limit is delayed due to force majeure or other justifiable reasons, the parties shall notify the Court within a reasonable time. Within 10 days after the impediment is removed, they may apply for an extension of the time limit; the arbitral tribunal shall decide whether to approve it or not; if the arbitral tribunal has not yet been formed, the Court shall decide.
Article 92 Language of Arbitration
1. Chinese is the official language of the Court. The parties may agree on another language for their arbitration but the Court may require the parties to provide translation and bear the costs of translation.
2. During the hearing, if the parties or their representatives or witnesses need a translator, the Court may provide the translator, or the parties themselves may provide the translator. The cost of translation shall be borne by the parties.
3. For the various documents and certification materials submitted by the parties, the Court or the arbitral tribunal may require the parties to provide a corresponding Chinese translation where deemed necessary.
Article 93 Impunity of Civil Liability
Unless bad faith acts or omissions, Arbitrators, the Court and its relevant personnel shall not be liable for any act or omission of any arbitration conducted pursuant to the Rules.
Article 94 Interpretation of the Rules
1. the Rules shall be interpreted by the Court.
2. The headings of the articles of the Rules shall not be shall not be used to interpret provisions contained thereunder.
Article 95 Official Texts of the Rules
The Chinese, English, Portuguese, and other language versions of the Rules publicized by the Court are official versions. In case of ambiguity arising from expressions in different versions, the expression in the Chinese version shall prevail.
Article 96 Implementation of the Rules
the Rules shall take effect on 1 April 2026. The arbitration rules in force at the time of acceptance of the case shall apply to cases accepted before the effective date of the Rules. The Rules may apply where the parties so agree in writing.
联系电话：0756-2296118，0756-6889188
联系电话：0756-2290536 
