|
ARBITRATION
LAW OF (Adopted at the Ninth Session of the
Standing Committee of CHAPTER
ONE GENERAL PROVISIONS Article 1 The
law is formulated with a view to ensure fair and timely arbitration of
economic disputes, reliable protection to legitimate rights and interests of
parties concerned and a healthy development of the socialist market economy. Article 2
Contractal disputes between citizens of equal status, legal persons and other
economic organizations and disputes arising from property rights may be put
to arbitration. Article 3 The
following disputes cannot be put to arbitration: 1. Disputes
arising from marriage, adoption, guardianship, bringing up of children and
inheritance. 2. Disputes
that have been stipulated by law to be settled by administrative organs. Article 4 In
settling disputes through arbitration, an agreement to engage in arbitration
should first of all be reached by parties concerned upon free will. Without
such an agreement, the arbitration commission shall refuse to accept the
application for arbitration by any one single party. Article 5
Whereas the parties concerned have reached an agreement for arbitration, the
people's court shall not accept the suit brought to the court by any one
single party involved, except in case where the agreement for arbitration is
invalid. Article 6 The
members of the arbitration commission shall be chosen by the parties
concerned. Arbitration
shall not be subject to the jurisdiction of administrative departments at any
level and region. Article 7
Arbitration shall be made based on true facts and relative laws to give out a
fair and reasonable settlement for parties concerned. Article 8
Arbitration shall be conducted independently according to law, free from
interference of administrative organs, social groups or individuals. Article 9 The
arbitration award is final. After the award is given, the arbitration
commission or the people's court shall not accept the re- application of the
suit concerning the same dispute by any of the parties concerned. Whereas the
award cancelled or put in void under a rule by the people's court, the
parties concerned for the dispute may reach another agreement for arbitration
and apply for arbitration or bring a suit in the people's court. CHAPTER TWO ARBITRATION COMMISSION AND
ARBITRATION ASSOCIATION Article 10 An arbitration
commission may be set up in the domicile of the people's governments of
municipalities under the direct jurisdiction of the central government
(hereinafter referred to as "municipalities"), provinces and
autonomous regions or in other places according to needs. It shall not be set
up according to administrative levels. An arbitration
commission shall be set up by the relevant departments and chambers of
commerce under the coordination of the people's governments of the cities
prescribed in the preceding paragraph. The
establishment of an arbitration commission shall be registered with the
judicial administrative departments of provinces, autonomous regions and
municipalities. Article 11 An
arbitration commission shall meet the following requirements: 1. It shall
have its own name, residence and statute. 2. It shall
have necessary property. 3. It shall
have its own members. 4. It shall
have appointed arbitrators. The statute of
an arbitration commission shall be formulated according to this law. Article 12 An
arbitration commission shall be composed of a chairman, two to four
vice-chairmen and 7 to 11 members. The chairman,
vice-chairmen and members of an arbitration commission shall be experts in
law and economy and trade with practical work experience. Of the composition
of an arbitration commission, experts in law, economy and trade shall be no
less than two-thirds. Article 13
Members of an arbitration commission shall be appointed from among the people
who are fair and justice. An arbitrator
shall meet one of the following requirements: 1. At least
eight years of work experience in arbitration. 2. At least
eight years of experience as a lawyer. 3. At least
eight years of experience as a judge. 4. Engaging in
law research and teaching, with a senior academic title. An arbitration
commission shall prepare the list of arbitrators according to
different specialities. Article 14 An
arbitration commission shall be independent of any administrative organ,
without any subordinate relationship with administrative organs. Neither
would there be any subordinate relations thereof. Article 15 The
China Arbitration Association is an institutional legal person with all the
separate arbitration commissions as its members. The statute of the China
Arbitration Association shall be formulated by the national congress of the
association. The China
Arbitration Association is a self-disciplinary organization for arbitration
commissions to supervise over the latters and their members and arbitrators
therein. The China
Arbitration Association shall formulate arbitration rules according to this
law and the civil procedure law. CHAPTER THREE AGREEMENT FOR
ARBITRATION Article 16 An
agreement for arbitration shall include the arbitration clauses stipulated in
the contracts or other written agreements for arbitration reached before or
after a dispute occurs. An arbitration
agreement shall contain the following: 1. The
expression of application for arbitration. 2. Matters for
arbitration. 3. The
arbitration commission chosen. Article 17 An
agreement for arbitration shall be invalid in one of the following cases: 1. The matters
agreed for arbitration exceed the scope of arbitration provided by law. 2. Agreements
concluded by people being incapable or restricted in civil acts. 3. An agreement
forced upon a party by the other party by means of coercion. Article 18
Whereas an agreement for arbitration fails to specify or specify clearly
matters concerning arbitration or the choice of arbitration commission,
parties concerned may conclude a supplementary agreement. If a supplementary
agreement cannot be reached, the agreement for arbitration is invalid. Article 19 The
effect of an agreement for arbitration shall stand independently and shall
not be affected by the alteration, dissolution, termination or invalidity of
a contract. An arbitration
tribunal has the right to establish the validity of a contract. Article 20
Whereas parties concerned have doubt on the validity of an agreement for
arbitration, a request can be made to the arbitration commission for a
decision or to the people's court for a ruling. If one party requests the
arbitration commission for a decision while the other party requests the
people's court for a ruling, the people's court shall pass a ruling. A doubt to the
effectiveness of an arbitration agreement, should be raised before the first
hearing at the arbitration tribunal. |