China Maritime Arbitration Commission Arbitration Rules 2004

China Maritime Arbitration Commission Arbitration Rules
(Revised and Adopted on July 5, 2004 by China Chamber of International Commerce Effective as from October 1, 2004)

Chapter I General Provisions

Section 1 Jurisdiction

Article 1 These Rules are formulated in accordance with the Arbitration Law of the People's Republic of China and the provisions of the relevant laws (PRC).

Article 2 China Maritime Arbitration Commission (formerly known as Maritime Arbitration Commission of the China Council for the Promotion of International Trade, and hereinafter referred to as the "the Arbitration Commission" or CMAC) independently and impartially resolves, by means of arbitration, admiralty, maritime, logistic disputes and other contractual or non-contractual disputes, in order to protect the legitimate rights and interests of the parties and promote the development of the international and domestic economy, inter alia, trade and logistics.
The Arbitration Commission shall take cognizance of cases relating to the following disputes

： (1) Disputes arising from charter party, contract of multi-model transporter, bill of lading, waybill, or any other transport documents concerned in connection with carriage of goods by sea or waters, or carriage of passengers; (2) Disputes arising from sale, construction, repair, chartering, financing, towage, collision, salvage or/and raising of ships or other offshore mobile units, or from sale, construction, chartering, financing and other relative business of containers; (3) Disputes arising from marine insurance, general average or/and ship's protection and indemnity; (4) Disputes arising from supply or security of ship's stores or fuel, ship's agency, seamen's labor service or/and port's handling; (5) Disputes arising from exploitation and utilization of marine resources, or pollution damage to marine environment; (6) Disputes arising from freight forwarding, non-vessel operating common carriage, transport by highway, railway or/and airway, transport, consolidation and devanning of containers, express delivery, storing, processing, distributing, warehouse distributing, logistics information management, or from construction, sale and leasing of tools of transport, tools of carrying and handling, storage facilities, or from logistics center and distribution center, logistics project planning and consulting, insurance related to logistics, tort or others related to logistics, and other disputes related to logistics; (7) Disputes arising from fishery production or fishing; and (8) Other disputes submitted for arbitration by agreement between parties.Article 3 The Arbitration Commission takes cognizance of cases in accordance with an arbitration agreement between the parties concluded before or after the occurrence of the dispute to refer their dispute to the Arbitration Commission for arbitration and upon the written application by one of the parties. An arbitration agreement means an arbitration clause stipulated by the parties in their contract, bill of lading, waybill, documents invoked or a written agreement concluded by the parties in other forms to submit their dispute for arbitration. Where the parties agree to submit their dispute to the Arbitration Commission for arbitration or agree to conduct the arbitration under these Rules, these Rules shall constitute a part of the arbitration agreement concluded by parities, except that the parties have otherwise agreed. Article 4 The Arbitration Commission has the power to decide on the existence, validity of an arbitration agreement and the jurisdiction over an arbitration case. If a party challenges the validity of the arbitration agreement and requests the Arbitration Commission to make a decision thereupon while the other party applies to the people's court for a ruling, the latter's ruling shall prevail. However, in case of a challenge made against the validity of an arbitration agreement, if the acceptance of the application by the Arbitration Commission precedes that by the people's court and a decision is made thereupon, the decision by the Arbitration Commission shall prevail. Article 5 An arbitration agreement shall exist independently. The validity of an arbitration agreement shall not be affected by the modification, rescission, termination, invalidity, revocation or non-existence of the contract. The arbitration tribunal has the power to affirm the validity of a contract, as well as unsettled procedural issues in arbitration. Article 6 Any objections to an arbitration agreement or the jurisdiction over an arbitration case shall be raised before the first hearing conducted by the arbitration tribunal. Where a case is examined on the basis of documents only, the objections to the jurisdiction shall be raised before submission of the first substantive defense. The objections raised later than the prescribed time shall be taken to have waived his right to object. If a party has not raised any objection to the jurisdiction and has submitted substantive defense or has lodged a counterclaim, he shall be regarded as admission of the validity of the arbitration agreement and jurisdiction of the Arbitration Commission. The objections raised to the arbitration agreement or jurisdiction over the arbitration case shall not affect the process of the arbitration proceedings. Article 7 Where the parties agree to submit their dispute for arbitration to the Arbitration Commission, or to the Logistics Dispute Resolution Center of the Arbitration Commission or to the Fishery Dispute Resolution Center of the Arbitration Commission, the arbitration proceedings shall be conducted under these Rules; and the Special Provisions on Fishery Disputes Cases of CMAC Arbitration Rules shall also apply to the fishery disputes arbitration proceedings. Nevertheless in case that the parties have otherwise agreed upon arbitration procedures and the Arbitration Commission agrees thereto, the agreement of the parties shall prevail. However, if the parties have agreed otherwise, and subject to consent by the Arbitration Commission, the parties' agreement shall prevail. The parties may shorten or extend by an agreement the procedural deadlines stipulated in these Rules or modify the arbitration procedural matters concerned to by an agreement meet the special needs of their specific casein accordance with the situation of the arbitration case, and also may apply to the Arbitration Commission or the arbitration tribunal for modification of the arbitration proceedings during the process of the arbitration proceeding by an agreement in accordance with the situation of the arbitration case. The Arbitration Commission or the arbitration tribunal has the power to decide whether to ratify the preceding agreement.; and they may also authorize by agreement the Arbitration Commission or the arbitration tribunal to make any necessary procedural adjustment as see fit while the arbitration procedure is underway. The power stays with the Arbitration Commission and/or the Arbitration tribunal to decide thereupon. With regard to cases of ships collision cases, the Arbitration Commission or the arbitration tribunal may modify the arbitration proceedings according to the special demand of the evidence of the cases make any necessary adjustment relating to evidentiary issues.Section 2 OrganizationArticle 8 The Arbitration Commission shall have one honorary Chairman and several advisers.Article 9 The Arbitration Commission is composed of one Chairman, several Vice-Chairmen and a number of Commission members. The Chairman performs the functions and duties vested in him by these Rules and the Vice-Chairmen may perform the Chairman's functions and duties with the Chairman's authorization. Article 10 The Arbitration Commission shall maintain a Panel of Arbitrators. The arbitrators shall be selected and appointed by the Arbitration Commission from among Chinese and foreign personages with special knowledge and practical experience in the fields of admiralty, maritime, logistics, insurance, law and other fields. The Arbitration Commission may maintain a Panel of Arbitrators in special academy, if necessary.Article 11 The Arbitration Commission is based in Beijing. The Arbitration Commission has a Sub-Commission in Shanghai. The Sub-Commission can take cognizance of and handle cases. The Arbitration Commission may, according to the growing need for arbitration service, set up its Sub-Commissions or liaison offices in other places within China's territory. The Arbitration Commission and the Sub-Commission shall have respective Secretariats, and the Secretariats shall have respective Secretary-Generals. The Secretariat of the Arbitration Commission and the Secretariat of the Sub-Commission (hereinafter generally referred to as the Secretariat, except referred otherwise) handle their day-to-day work under the leadership of the Secretary-Generals respectively. Liaison offices are organs of the Arbitration Commission for public relations, consultancy and liaison, and are, under the unified leadership of the Arbitration Commission, engaged in publicity, investigation and research and consultancy in respect of maritime arbitration. The offices shall assist the Arbitration Commission or the Sub-Commission in arranging oral hearings held in their locality, but they shall not take cognizance of any case, collect fees or charges, nor shall they examine or hear any case. The Arbitration Commission shall have Logistics Disputes Resolution Center and Fishery Disputes Resolution Center.Article 12 These Rules and its Arbitration Fee Schedule uniformly apply to the Arbitration Commission and its Sub-Commission. When arbitration proceedings are conducted in the Sub-Commission, the functions and duties under these Rules to be carried out by the Chairman, the Secretariat and the Secretary-General of the Arbitration Commission shall be performed by the Vice-Chairman as authorized by the Chairman, the Secretariat and Secretary-General of the Sub-Commission respectively. The parties may agree to have their dispute arbitrated by the Arbitration Commission in Beijing or by the Sub-Commission in the place where the Sub-Commission locates. In the absence of such agreement, the Claimant will have the option to submit the case to the Arbitration Commission or the Sub-Commission. When both parties submit the case, the first choice shall be final. In case of any dispute, the Arbitration Commission shall make a decision accordingly.Chapter II Arbitration ProceedingsSection 1 Application for Arbitration, Defense and Counter-claim Article 13 The arbitration proceedings shall commence from the date on which the Notice of Arbitration is sent out by the Arbitration Commission or the Sub-Commission.Article 14 The Claimant, when submitting his Application for Arbitration, shall (1) Submit an Application for Arbitration which shall specify: (a) The name and address of the Claimant and those of the Respondent, including the zip code, telephone number, telex number, fax number and cable number or other electronic communication address, if any; (b) The arbitration agreement relied upon by the Claimant; (c) The facts of the case and the main points of dispute; (d) The Claimant's claim along with underlying facts and evidence. The Application for Arbitration shall be signed and/or stamped by the Claimant and/or the attorney authorized by the Claimant. (2) Append to the Application for Arbitration the relevant documentary evidence on which the Claimant's claim is based. (3) Pay an arbitration fee in advance to the Arbitration Commission according to its Arbitration Fee Schedule.Article 15 Where after receipt of the Application for Arbitration and its attachments, the Secretariat finds upon examination that the Claimant has not completed the formalities required for arbitration, the Secretariat shall require the Claimant to complete them, and when the Secretariat finds that the Claimant has completed the formalities, the Secretariat shall immediately send to the Respondent a Notice of Arbitration together with one copy each of the Claimant's Application for Arbitration and its attachments as well as the Arbitration Rules, the Panel of Arbitrators and the Arbitration Fee Schedule of the Arbitration Commission, and shall simultaneously send to the Claimant one copy each of the Notice of Arbitration, the Arbitration Rules, the Panel of Arbitrators and Arbitration Fee Schedule. The Secretariat, when sending the Notice of Arbitration to the Claimant and Respondent, shall appoint one of its staff-members to take charge of procedural administration of the case.Article 16 The Respondent shall, within 30 days from the date of receipt of the Notice of Arbitration, submit his written defense with clearly stated facts, reasons and relevant documentary evidence to the Secretariat. Beyond the specified time limit, the arbitration tribunal is entitled to decide whether to accept the written defense.Article 17 The Respondent shall, within 30 days from the date of receipt of the Notice of Arbitration, lodge with the Secretariat his counterclaim in writing, if any. The arbitration tribunal may, at request, extend that time limit if it considers that there is a justified reason.When lodging a counterclaim, the Respondent shall state in his written counterclaim his specific claim, reasons for his claim and the related facts and evidence for his claim, and shall attach to his written counterclaim the relevant documentary evidence. When lodging a counterclaim, the Respondent shall pay an arbitration fee in advance according to the Arbitration Fee Schedule within the time limit specified by the Arbitration Commission.Article 18 The Claimant may request to amend his claim whilst the Respondent may request to amend his counterclaim. However the arbitration tribunal may refuse such a request for amendment if it considers that it is too late to raise the request as the amendment may affect the normal process of the arbitration proceedings.Article 19 The parties shall submit, in quintuplicate, application for arbitration, written defense, statement of counterclaim, relevant documentary evidence and other documents. If the number of the parties exceeds two, additional copies shall be submitted accordingly; if the arbitration tribunal is composed of only one member, two sets of copies may be saved.Article 20 Neither the Respondent fails to file his defense in writing nor the Claimant fails to submit his written defense against the Respondent's counterclaim shall affect the process of the arbitration proceedings.Article 21 The parties may authorize arbitration agents to deal with the matters relating to arbitration; the authorized attorney must produce a Power of Attorney to the Arbitration Commission. Chinese and foreign citizens can be authorized to act as arbitration agents.Article 22 The arbitral tribunal may, upon the agreement in writing made by parties, decide to hear in combination two or more than two cases of which the subject-matters are the same or related to each other.Article 23 When a party applies for preservation of maritime claim or preservation of other property, the Arbitration Commission shall submit the party's application to the maritime court or other people's court at the place of the Respondent's domicile or at the place where the property is located. Where a party applies for preservation of maritime claim or preservation of other property before the commencement of arbitration proceedings, he shall, according to the provisions of "Maritime Procedure Law of the People's Republic of China" or other provisions concerned, submit the application directly to the maritime court or other people's court at the place of the property subject to preservation. When a party applies for preservation of evidence, the Arbitration Commission shall submit the party's application to the maritime court or other people's court at the place where the evidence to be preserved is located. Where a party applies for preservation of evidence before the commencement of arbitration proceedings, he shall, according to the provisions of "Maritime Procedure Law of the People's Republic of China" or other provisions concerned, submit his application directly to the maritime court or other people's court at the place where the evidence to be preserved is located. When a party applies for a maritime injunction, the Arbitration Commission shall submit the party's application to the maritime court at the place where the maritime dispute arises. Where a party applies for a maritime injunction before the commencement of the arbitration proceedings, he shall, according to the provisions of "Maritime Procedure Law of the People's Republic of China", submit his application directly to the maritime court at the place where the maritime dispute arises. Article 24 When a party applies for the constitution of a limitation fund for maritime claims, the Arbitration Commission shall submit the party's application to the maritime court at the place of the accident, the place of performance of the contract or the place of ship arrest. Where a party applies for constitution of a limitation fund for maritime claims before the commencement of the arbitration proceedings, he shall, according to the provisions of "Maritime Procedure Law of the People's Republic of China", submit his application directly to the maritime court at the place of the accident, the place of performance of the contract or the place of ship arrest.Section 2 Formation of Arbitration TribunalArticle 25 The same Panel of Arbitrators shall be used in Arbitration Commission and the Sub-Commission. Where a case submitted to the China Maritime Arbitration Commission or its Logistics Dispute Resolution Center, the parties and the Chairman of the Arbitration Commission may appoint proper arbitrators from among the arbitrators on the Panel of Arbitrators of China Maritime Arbitration Commission or from among the arbitrators on the Panel of Arbitrators in Logistics（hereinafter generally referred to as the Panel of Arbitrators, except referred otherwise.） In case of the fishery disputes, the arbitrators can only be appointed from among the arbitrators on the Panel of Arbitrators in Fishery. Article 26 The Claimant and Respondent shall appoint one arbitrator respectively from among the Panel of Arbitrators of the Arbitration Commission or entrust the Chairman of the Arbitration Commission to appoint one arbitrator within 15 days from the date of receipt of the Notice of Arbitration. The Claimant and the Respondent shall jointly appoint or jointly entrust the Chairman to appoint a third arbitrator as the presiding arbitrator. Where the Claimant or Respondent fails to appoint or fails to entrust the Chairman of the Arbitration Commission to appoint an arbitrator respectively within 15 days from the date of receipt of the Notice of Arbitration, the Chairman of the Arbitration Commission shall make such appointment. In case the parties fail to jointly appoint or jointly entrust the Chairman of the Arbitration Commission to appoint the presiding arbitrator within 15 days from the date on which the Respondent receives the Notice of Arbitration, the presiding arbitrator shall be appointed by the Chairman of the Arbitration Commission. The presiding arbitrator and the two arbitrators as appointed above shall jointly form an arbitration tribunal to jointly hear the case. The parties may, within the time limit stipulated by the paragraph above, nominate more than one candidate for the presiding arbitrator from the presiding arbitrator candidate list provided by the Arbitration Commission. The candidate nominated by both parties shall act as the presiding arbitrator. If more than one candidate are nominated by both parties, the Chairman of the Arbitration Commission shall appoint one from them as the presiding arbitrator. Article 27 Both parties may agree to jointly appoint or jointly authorize the Chairman of the Arbitration Commission to appoint an arbitrator from the arbitrators on the Panel as the sole arbitrator to form an arbitration tribunal to hear the case alone. If both parties have agreed on a sole arbitrator to hear their case alone but have failed to agree on the choice of such a sole arbitrator within 15 days from the date of receipt by the Respondent of the Notice of Arbitration in the way provided in Article 26, the Chairman of the Arbitration Commission shall make the appointment. Article 28 When there are two or more Claimants and/or Respondents in an arbitration case, the Claimants' side or the Respondents' side each shall, through consultation, appoint or entrust the Chairman of the Arbitration Commission to appoint one arbitrator from among the Panel of Arbitrators of the Arbitration Commission. If the Claimants' side or the Respondents' side fails to make such appointment or entrustment within 15 days as from the date on which the Respondents' side receives the Notice of Arbitration, the appointment shall be made by the Chairman of the Arbitration Commission. Article 29 The arbitrators shall sign the Arbitrator's Declaration if they accept the appointment by the parties or the Chairman of the Arbitration Commission. The Declaration shall be delivered to the parties. Article 30 If one of the following circumstances happened to the arbitrators, the appointed arbitrator shall himself disclose such circumstances to the Arbitration Commission and request a withdrawal from his office: a. The arbitrator is one of the parties or relative or attorney of the party; b. The arbitrator has any interests related to the case;c. The arbitrator has other relationship with the party or the attorney which may affect the impartiality of the arbitration; d. The arbitrator has met the party or the attorney privately, or accepted invitation or gifts from the party or the attorney.Article 31 Any party who has justified reasons to suspect the impartiality and independence of an arbitrator may make request in writing to the Arbitration Commission for that arbitrator's withdrawal. In the request, the facts and reasons on which the request is based shall be stated with the supporting evidence provided. A challenge against an arbitrator must be put forward in writing no later than the first oral hearing. If the grounds for the challenge comes out or are made known after the first oral hearing, the time of raising challenge is not subject to such restriction. In cases without oral hearing, the challenge against an arbitrator must be put forward in writing no later than the first submission of written statement of substantive defense. If the grounds for the challenge comes out or are made known thereafter, the time of raising challenge is not subject to such restriction. Article 32 The Chairman of the Arbitration Commission shall decide on the withdrawal of the challenged arbitrator.Before the Chairman of the Arbitration Commission makes a decision on whether the challenged arbitrator should be withdrawn, the arbitrator shall proceed with his function.Article 33 If an arbitrator cannot perform his duty owing to withdrawal, demise, removal or other reasons, a substitute arbitrator shall be appointed in accordance with the procedure whereby the replaced arbitrator was appointed. After the appointment of the substitute arbitrator, the arbitration tribunal has discretion to decide whether the whole or part of the previous hearings shall be repeated. Section 3 Burden of Proof and Time limits Article 34 The parties shall submit evidence to prove the facts on which their claim, defense and counter-claim are based. If any party fails to submit the evidence, or, if the evidence submitted by the party is not sufficient to prove the allegation, the party having the burden of proof shall bear the ensuing adverse consequence. Article 35 As the case may require, the arbitration tribunal may send Notice of Proof to the parties, informing the proof allocation principle, the requirement of proof, the time limits, the legal consequence of delayed submission of evidence, the non-submission of evidence and non-persuasion. Subject to the confirmation of the arbitration tribunal, the time limits may be scheduled by the agreement of the parties. The parties shall submit evidence within the time limits, otherwise they shall be considered as giving up the right to submit evidence. The arbitration tribunal may refuse to accept the evidence which is submitted beyond the time limits. The parties may apply for extension before the expiration of the period where they indeed have difficulty in submitting evidence in the time limits. Where it is proved by evidence that certain evidence being in possession of one party, but without justified reason that party refuses to submit the said evidence, presumption can be made that the evidence is against the possessor if the opposite party so alleges. Article 36 Where the parties are unable to collect evidence by themselves for objective reasons, they can apply to the arbitration tribunal for evidence investigation and collection, and the arbitration tribunal shall decide whether so permits. The arbitration tribunal may undertake investigations and collect evidences on its own initiative if necessary. When investigating and collecting evidence by itself, the arbitration tribunal shall promptly inform the parties to be present if it considers necessary. Should one party or both parties fail to appear, the investigation and collection of evidence shall not be affected. If any party applies for the presence of a witness, including a natural person, the representative of a legal person or other organization, to appear at the oral hearing in order to clarify the facts and protect the legitimate rights and interests of parties concerned, the arbitration tribunal has the power to decide whether so permits. No party is allowed to entrust the same person as an attorney and invite him or her simultaneously as a witness in the same arbitration case. Article 37 Where a party applies for the presence of a witness at the oral hearing, it shall inform the Secretariat in writing 5 days prior to the oral hearing or within the time limits designated by the arbitration tribunal. The witness shall submit necessary identification proof when appearing at the oral hearing, subject himself or herself to the inquiry of the parties and their attorneys and answer questions raised by the parties and their attorneys. The procedure to be applied shall be determined by the arbitration tribunal.Section 4 Hearing Article 38 The arbitration tribunal will hold oral hearings. At the request of the parties or their consent, the arbitration tribunal may, if it also considers oral hearings unnecessary, hear and decide a case on the basis of documents only. The arbitration tribunal shall treat the parties fairly and impartially, giving each party reasonable opportunity to present his case and make arguments. During the process of arbitration proceedings, the arbitration tribunal may issue procedural orders, send out questionnaires, hold meetings before hearing, convene preliminary hearings, draw up Terms of Reference, etc.. Article 39 The arbitration tribunal in consultation with the Secretariat of the Arbitration Commission shall decide the date of the first oral hearing. The Secretariat shall notify the parties of the decision 15 days before the date of the hearing. Any party having justified reasons may request a postponement of the hearing, but a written request must be submitted to the secretariat of the Arbitration Commission 7 days before the date of the hearing. The arbitration tribunal will then decide whether to postpone the hearing or not. Article 40 The notice of the date of hearing subsequent to the first oral hearing and the date of postponed hearing is not subject to the 15-day time limit provided in Article 39. Article 41 Where the parties have agreed on the place of arbitration, the oral hearing of the arbitration case shall be held in that place. The cases taken cognizance of by the Arbitration Commission or the Sub-Commission shall be heard in the locus of the Arbitration Commission or the Sub-Commission, or may be heard in other places with the approval of the Secretary-General of the Arbitration Commission or the Secretary-General of the Sub- Commission. Article 42 The arbitration tribunal shall not hear cases in open session. If both parties request a hearing to be held in open session, the arbitration tribunal shall decide whether to hold the hearing in open session or not. Article 43 When a case is heard in closed session, no substantive or procedural matters of the case shall be disclosed to the outsiders by the parties, their attorneys, witnesses, arbitrators, experts consulted by or appraisers appointed by the arbitration tribunal and the relevant staff-members of the Secretariat. Article 44 Evidence shall be produced at the oral hearing and be questioned by the parties except that both parties agree to examine the case on the basis of documentary evidence or that evidence shall be questioned in writing. Article 45 The arbitration tribunal may consult an expert or appoint an appraiser for their expertise or appraisal on special issues relating to the case. Such an expert or appraiser may be a Chinese or foreign organization or a citizen. The arbitration tribunal is entitled to request the parties who are also obliged to submit or produce to the expert or appraiser any relevant materials, documents, properties or goods related to the case for check-up, inspection and/or appraisal. The arbitration tribunal shall, after making duplicate copies or effective records of the evidence, return in time the original evidence submitted by the party. Article 46 The report prepared by the expert or the appraiser and other evidence collected by the arbitration tribunal shall be copied to the parties so that they may have the opportunity to give their opinions thereon. At the request of any party to the case and with the approval of the arbitration tribunal, the expert and appraiser may be present at the hearing and give explanations of their reports when the arbitration tribunal considers it necessary and appropriate. Article 47 The evidence submitted by the parties shall be examined and evaluated by the arbitration tribunal. The adoption or non-adoption of the report prepared by the expert or the appraiser and copies or duplications (including audiovisual materials) of other evidence collected by the arbitration tribunal shall be determined by the arbitration tribunal. Article 48 Should the Claimant fail, without justified reason, to appear at the oral hearing he has been informed of by a written notice or withdraw halfway from the hearing without the approval of the arbitration tribunal, the arbitration tribunal may regard it as withdrawal of the application for arbitration, and in case the Respondent has raised a counterclaim, an award by default can be made. Should the Respondent fail, without justified reason, to appear at the hearing he has been informed of by a written notice or withdraw halfway from the hearing without approval of the arbitration tribunal, an award by default may be rendered, and in case the Respondent has laid counterclaim, the counterclaim may be regarded as withdrawn. Article 49 The arbitral tribunal shall make record of the hearings in writing. The parties and other participants in the arbitration may apply for rectification of the records of their own statements if they consider that such records contain any omission or error. If the arbitral tribunal does not make the rectification, the application shall be recorded. The written record shall be signed or sealed by the arbitrator(s), the recorder, the parties, and other participants in the arbitration, if any. Article 50 Where a person other than the parties to the arbitration case considers he or she has a legal interest, in the conclusion of the case in relation to the claim or counterclaim submitted by any of the parties, the person may, after concluding an agreement with both parties, apply, with the approval of the arbitration tribunal, for participation as a party in the arbitration case. Article 51 The Claimant may waive his claim and/or apply for the dismissal of the case; the Respondent may waive his counterclaim and/or apply for dismissing the relevant part of the case. The Secretary-General of the Arbitration Commission shall decide on the request for a dismissal of the case if the request is made before the formation of the arbitration tribunal, and the arbitration tribunal shall decide if the request is put forward after the formation of the arbitration tribunal. Any party of an amicable settlement agreement resulting from consultation or mediation may nominate a mutually agreed sole arbitrator, or request the Chairman of the Arbitration Commission to appoint one sole arbitrator, to make an award in accordance with the contents of their amicable settlement agreement and the arbitration clause stipulated therein; and the actual procedure and time limits are not confined by other stipulations of these Arbitration Rules. In any undergoing arbitration case, if the parties to an arbitration case reach an amicable settlement agreement by themselves, they may either request the arbitration tribunal to conclude the case by making an award in accordance with the contents of their amicable settlement agreement or request a dismissal of the case. If the party or the parties refer the dismissed case again to the Arbitration Commission for arbitration, the Chairman of the Arbitration Commission shall decide whether to accept the reference. Article 52 A party who knows or should have known that any provision or requirement of these Rules has not been complied with and yet proceeds with the arbitration proceedings without explicitly raising in writing his objection to non-compliance in a timely manner shall be taken to have waived his right to object. Article 53 If both parties have a desire for conciliation or one party so desires and the other party agrees to it when consulted by the arbitration tribunal, the arbitration tribunal may conciliate the case under its cognizance in the process of arbitration. Article 54 The arbitration tribunal may conciliate cases in the manner it considers appropriate. Article 55 The arbitration tribunal shall terminate conciliation when one of the parties requests a termination of conciliation or when the arbitration tribunal believes that further efforts to conciliate will be futile. Article 56 If the parties have reached an amicable settlement outside the arbitration tribunal in the course of conciliation conducted by the arbitration tribunal, such settlement shall be considered as one which has been reached through conciliation by the arbitration tribunal. Article 57 The parties shall sign a settlement agreement in writing when an amicable settlement is reached through conciliation conducted by the arbitration tribunal, and the arbitration tribunal shall conclude the case by making an award in accordance with the contents of the settlement agreement unless otherwise agreed by the parties. Article 58 Should conciliation fail, any statement, opinion, view or proposal which has been made, raised, put forward, acknowledged, accepted or rejected by either party or by the arbitration tribunal in the process of conciliation shall not be invoked by the other party as grounds for any claim, defense and/or counterclaim in the subsequent arbitration proceedings, judicial proceedings or any other proceedings. Section 5 Award Article 59 The arbitration tribunal shall render an award within 6 months as from the date on which the arbitration tribunal is formed. The Secretary-General of the Arbitration Commission may extend this time limit at the request of the arbitration tribunal if the Secretary-General of the Arbitration Commission considers the request justifiable and really necessary. Article 60 The arbitration tribunal shall independently and impartially make its award on the basis of the facts, in accordance with the law and the terms of the contracts, with reference to international practices and in compliance with the principle of fairness and reasonableness. Article 61 Where an arbitration tribunal composed of three arbitrators hears a case, the award shall be rendered in accordance with the opinion of the unanimity or the majority of the arbitrators and the minority opinion and reason may be recorded on file and written in the award. When the arbitration tribunal cannot attain a majority opinion, the award shall be rendered in accordance with the presiding arbitrator's opinion. The different opinions of other arbitrators may be recorded on file and written in the award. Article 62 The arbitration tribunal shall state in the award the claims, the facts of the dispute, the reasons for making the award, the result of the award, the allocation of the arbitration fees and costs, the date and the place of the award. The facts of the dispute and the reasons for making the award may not be stated in the award if the parties have so agreed or the award is made in accordance with the contents of the agreement on amicable settlement reached between the parties. Article 63 The arbitrators shall submit their draft award to the Arbitration Commission before signing the award. The Arbitration Commission and the Sub-commission may remind the arbitrators of any issue related to the form of the award provided that the arbitrator's independence in respect of making a decision is not affected. The arbitrators shall sign the award. The official seal of the Arbitration Commission shall be affixed to the award. The date on which the award is made is the date on which the award comes into legal effect. If the arbitrators with different opinions in article 61 do not sign or do not give the reasons of his different opinion, the making and enforcing of the award shall not be affected. Article 64 The arbitration tribunal may, at any time in the course of arbitration before the final award is made, make an interlocutory award or a partial award on any issue of the case if it considers it necessary or agrees to such a request made by a party. Either party's failure to perform the interlocutory award does not affect the continuation of the arbitration proceedings and the making of the final award by the arbitration tribunal. Article 65 The arbitration tribunal has the power to determine in the award the arbitration fee and other expenses to be eventually paid by the party or the parties to the Arbitration Commission. Article 66 The arbitration tribunal has the power to decide in the award that the losing party shall pay the winning party as compensation a proportion of the expenses reasonably incurred by the winning party in dealing with the case. The amount of such compensation shall not in any case exceed 10% of the total amount awarded to the winning party. Article 67 The award is final and binding upon both disputing parties. Neither party may bring a suit before a court of law or make a request to any other organization for revising the award. Article 68 Either party may request in writing that a correction be made to the writing, typing, calculating and similar errors contained in the award within 30 days from the date of receipt of the award; if there is really an error in the award, the arbitration tribunal shall make a correction in writing within 30 days form the date of receipt of the written request for correction. The arbitration tribunal may by itself make a correction in writing within 30 days from the date on which the award is issued. The correction in writing forms a part of the award. Article 69 In case anything that should be awarded has been omitted in the award, either of the parties may make a request in writing to the arbitration tribunal for an additional award within 30 days from the date on which the award is received. If something which shall be awarded is really omitted, the arbitration tribunal shall make an additional award within 30 days from the date of receipt of the request in writing for an additional award. The arbitration tribunal may by itself make an additional award within 30 days from the date on which the award is issued. The additional award forms a part of the award which has been previously issued. Article 70 The parties must automatically execute the award within the time limit specified in the award. If no time limit is specified in the award, the parties shall carry out the award immediately. In case one party fails to execute the award, the other party may apply to the Chinese court for enforcement of the award pursuant to Chinese law or apply to the competent foreign court for enforcement of the award according to the 1958 Convention on Recognition and Enforcement of Foreign Arbitral Awards or other international treaties that China has concluded or acceded. Chapter III Summary Procedure Article 71 Unless otherwise agreed by the parties, this Summary Procedure shall apply to any case in dispute where the amount of the claim totals not more than RMB 1,000, 000 yuan (inclusive of RMB1,000,000 yuan, but exclusive of interest except for financing dispute). This Summary Procedure shall also apply to cases where the amount of the claim totals more than RMB 1000,000 Yuan provided that the parties agree or one party applies for and the other party agrees to it in writing. Where there is no amount in dispute, or the amount in dispute is not definite, or the parties hold different opinions on the amount in dispute or the way to count, the Arbitration Commission shall decide by considering the complexity of the case, the sum and scope of the interests concerned and other factors comprehensively whether the Summary Procedure shall apply to the case. Article 72 Where an application for arbitration submitted by the Claimant to the Arbitration Commission or the Sub-Commission is accepted after examination and the Summary Procedure is applicable, the Secretariat shall immediately serve a Notice of Arbitration to each of the parties. Both parties shall jointly appoint or jointly entrust the Chairman of the Arbitration Commission to appoint one sole arbitrator from the Panel of Arbitrators within 10 days from the date on which the Notice of Arbitration is received by the Respondent. Should the parties fail to make such appointment or entrustment within the time limit, the Chairman of the Arbitration Commission shall immediately appoint one sole arbitrator to form an arbitration tribunal to hear the case. The parties may, within the time limit stipulated by the above paragraph, nominate more than one as the candidate(s) for the sole arbitrator from the sole arbitrator candidate list provided by the Arbitration Commission. The candidate nominated by both parties shall act as the sole arbitrator. If more than one candidate are nominated by both parties, the Chairman of the Arbitration Commission shall appoint one from them as the sole arbitrator. Where no sole arbitrator can be appointed by this method, any arbitrator on the Panel of the Arbitration Commission, except those the parties expressly exclude, may be appointed as the sole arbitrator. Article 73 The Respondent shall, within 20 days from the date of receipt of the Notice of Arbitration, submit his defense and relevant documentary evidence to the Arbitration Commission; a counterclaim, if any, shall be lodged together with documentary evidence within the said time limit. Article 74 The arbitration tribunal may hear the case in the way it considers appropriate. The arbitration tribunal may, in its discretion, hear the case only on the basis of the written materials and evidence submitted by the parties or holds an oral hearing. The arbitration tribunal shall hold an oral hearing if any party so requests. Article 75 Where a case is to be heard orally, the Secretariat shall, after the arbitration tribunal fixes a date for the hearing, inform the parties of the date of the hearing 10 days before the date of the hearing. Article 76 If the arbitration tribunal decides to hear the case orally, only one oral hearing shall be held. However, the arbitration tribunal may hold a second hearing if really necessary. Article 77 Should one of the parties fail to act in compliance with this Summary Procedure during summary proceedings, such failure shall not affect the continuation of the arbitration proceedings and the power of the arbitration tribunal to render an award. Article 78 Any amendment of the claim or filing of a counterclaim, which results in the amount in dispute exceeding RMB 1,000,000 yuan, shall not affect the conducting of the Summary Procedure if the parties agree. Otherwise the case shall apply the ordinary procedure. Unless otherwise agreed by the parties, the sole arbitrator previously appointed shall act as the presiding arbitrator. The re-composed tribunal shall decide whether or not to re-conduct the proceedings conducted prior to its re-composing. Under the circumstances of the paragraph 3 of Article 71, where the Arbitration Commission or arbitration tribunal decides to apply the ordinary procedure, the above provisions shall apply. Article 79 Where a case is heard orally, the arbitration tribunal shall make an award within 30 days from the date of the oral hearing or from the date of the second oral hearing if any. Where a case is examined on the basis of documents only, the arbitration tribunal shall render an award within 90 days from the date of the formation of the arbitration tribunal. The Secretary-General of the Arbitration Commission may, at the request of the arbitration tribunal, extend the said time limit if he considers such extension is necessary and justifiable. Article 80 For matters not covered in this Chapter, the relevant provisions in the other Chapters of these Rules shall apply. Chapter IV Supplementary Provisions Article 81 Where the limitation of arbitration is provided in the law, it shall be applied, otherwise the limitation of actions shall be applied. Article 82 The Chinese language is the official language of the Arbitration Commission. If the parties have otherwise agreed, their agreement shall prevail. At the oral hearing, if the parties or their attorneys or witnesses require language interpretation, the Secretariat may provide an interpreter for them or the parties may retain their own interpreters. The arbitration tribunal or the Secretariat may, if it considers it necessary, request the parties to furnish it with corresponding translation copies in Chinese language or other languages of the documents and evidential materials submitted by the parties. Article 83 All the arbitration documents, notices and materials may be sent in person to the parties or their attorneys, or by registered letter or express airmail, telefax, telex, cable or by any other means which are deemed proper by the Secretariat. Article 84 Any written correspondence to the parties or their arbitration agents shall be deemed to have been properly served if it is delivered to the addressee or delivered at his place of business, habitual residence or mailing address; or if none of these can be found after reasonable inquiries, the written correspondence is sent to the addressee's last known place of business, habitual residence or mailing address by registered letter or by any other means which provides a record of the attempt to deliver it. Article 85 The Arbitration Commission charges the arbitration fees according to the Arbitration Fee Schedule attached herewith. The Claimant and the Respondent shall pay the arbitration fee for the claim and the counter-claim in advance respectively. The losing party shall be liable for the arbitration fees. The arbitration tribunal shall finally decide which party shall be liable for the arbitration fees where both parties win and lose partly or the winning and losing is not clear. Apart from charging arbitration fees from the parties according to the Arbitration Fee Schedule of the Arbitration Commission, the Arbitration Commission may collect from the parties other extra, reasonable and actual expenses including arbitrators' special remuneration and their travel and boarding expenses for dealing with the case as well as the fees and expenses for experts, appraisers and interpreters etc. appointed by the arbitration tribunal. If a case is withdrawn after the parties have reached between themselves an amicable settlement, the Arbitration Commission may charge a certain amount of fees from the parties in consideration of the quantity of work and the amount of the actual expenses incurred by the Arbitration Commission. According to Article 61 of Arbitration Law, the Arbitration Commission shall not charge fees any longer if the arbitration tribunal agrees to re-arbitrate the case. According to Article 68 and Article 69, the Arbitration Commission shall not charge fees any longer if the arbitration tribunal makes a correction to the award or an additional award. Article 86 Where it is explicitly stipulated in an arbitration agreement or an arbitration clause contained in the contract that arbitration to be conducted by China Maritime Arbitration Commission, its Sub-Commission, its Logistics Dispute Resolution Center or its Fishery Dispute Resolution Center or by its formerly named Maritime Arbitration Commission of the China Council for the Promotion of International Trade/China Chamber of International Commerce, or the China Council for the Promotion of International Trade（CCPIT）/China Chamber of International Commerce and the dispute by nature is admiralty, maritime, logistics or fishery dispute, it shall be considered that the parties have unanimously agreed that the arbitration shall be conducted by China Maritime Arbitration Commission or the Sub-Commission according to Article 16 of Arbitration Law of the People's Republic of China. Article 87 Where the parties agree to apply these rules hereof, unless otherwise agreed, it is deemed that they have agreed to have their award published by the Arbitration Commission. But the Arbitration Commission shall delete the parties' name and other contents by which the party's identification can be recognized when the Arbitration Commission publishes the award. Article 88 These Rules shall come into force as from October 1, 2004. Article 89 The power to interpret these Rules is vested in the Arbitration Commission.

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