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中华人民共和国仲裁法(英文版)

 

  Arbitration Law of the People s Republic of China
  (Adopted at the 8th Session of the Standing Committee of the 8thNational People s Congress and Promulgated on August 31, 1994)

  Arbitration Law of the People s Republic of China
  (Adopted at the 8th Session of the Standing Committee of the 8th
  National People s Congress and Promulgated on August 31, 1994)
  Chapter I General Provisions

  Article 1
  This Law is formulated in order to ensure that economic disputes shall
  be impartially and promptly arbitrated, to protect the legitimate rights
  and interests of the relevant parties and to guarantee the healthy
  development of the socialist market economy.
  Article 2
  Disputes over contracts and disputes over property rights and
  interests between citizens, legal persons and other organizations as equal
  subjects of law may be submitted to arbitration.
  Article 3
  The following disputes shall not be submitted to arbitration:
  1. disputes over marriage, adoption, guardianship,
  child maintenance and inheritance; and
  2. administrative disputes falling within the jurisdiction
  of the relevant administrative organs according to
  law.
  Article 4
  The parties adopting arbitration for dispute settlement shall reach an
  arbitration agreement on a mutually voluntary basis. An arbitration
  commission shall not accept an application for arbitration submitted by
  one of the parties in the absence of an arbitration agreement.
  Article 5
  A people s court shall not accept an action initiated by one of the
  parties if the parties have concluded an arbitration agreement, unless the
  arbitration agreement is invalid.
  Article 6
  An arbitration commission shall be selected by the parties by
  agreement.
  The jurisdiction by level system and the district jurisdiction system
  shall not apply in arbitration.
  Article 7
  Disputes shall be fairly and reasonably settled by arbitration on the
  basis of facts and in accordance with the relevant provisions of law.
  Article 8
  Arbitration shall be conducted in accordance with the law, independent
  of any intervention by administrative organs, social organizations or
  individuals.
  Article 9
  The single ruling system shall be applied in arbitration. The
  arbitration commission shall not accept any application for arbitration,
  nor shall a people s court accept any action submitted by the party in
  respect of the same dispute after an arbitration award has already been
  given in relation to that matter.
  If the arbitration award is canceled or its enforcement has been
  disallowed by a people s court in accordance with the law, the parties
  may, in accordance with a new arbitration agreement between them in
  respect of the dispute, re-apply for arbitration or initiate legal
  proceedings with the people s court.
  Chapter II Arbitration Commissions and Arbitration Association
  Article 10
  Arbitration commissions may be established in the municipalities
  directly under the Central Government, in the municipalities where the
  people s governments of provinces and autonomous regions are located or,
  if necessary, in other cities divided into districts. Arbitration
  commissions shall not be established at each level of the administrative
  divisions.
  The people s governments of the municipalities and cities specified in
  the above paragraph shall organize the relevant departments and the
  Chamber of Commerce for the formation of an arbitration commission.
  The establishment of an arbitration commission shall be registered
  with the judicial administrative department of the relevant province,
  autonomous region or municipalities directly under the Central Government.
  Article 11
  An arbitration commission shall fulfil the following conditions:
  1. it must have its own name, domicile and Articles of Association;
  2. it must possess the necessary property;
  3. it must have its own members; and
  4. it must have arbitrators for appointment.
  The articles of association of the an arbitration commission shall be
  formulated in accordance with this Law.
  Article 12
  An arbitration commission shall comprise a chairman, two to four
  vice-chairmen and seven to eleven members.
  The chairman, vice-chairmen and members of an arbitration commission
  must be persons specialized in law, economic and trade and persons who
  have actual working experience. The number of specialists in law, economic
  and trade shall not be less than two-thirds of the members of an
  arbitration association.
  Article 13
  The arbitration commission shall appoint fair and honest person as its
  arbitrators.
  Arbitrators must fulfil one of the following conditions:
  1. they have been engaged in arbitration work for at least eight
  years;
  2. they have worked as a lawyer for at least eight years;
  3. they have been a judge for at least eight years;
  4. they are engaged in legal research or legal teaching and in senior
  positions; and
  5. they have legal knowledge and are engaged in professional work
  relating to economics and trade, and in senior positions or of the
  equivalent professional level.
  The arbitration commission shall establish a list of arbitrators
  according to different professionals.
  Article 14
  Arbitration commissions are independent of administrative organs and
  there are no subordinate relations with any administrative organs nor
  between the different arbitration commissions.
  Article 15
  The China Arbitration Association is a social organization with the
  status of a legal person. Arbitration commissions are members of the China
  Arbitration Association. The Articles of Association of the China
  Arbitration Association shall be formulated by the national general
  meeting of the members.
  The China Arbitration Association is an organization in charge of
  self-regulation of the arbitration commissions. It shall conduct
  supervision over the conduct (any breach of discipline) of the arbitration
  commissions and their members and arbitrators in accordance with its
  articles of association.
  The China Arbitration Association shall formulate Arbitration Rules in
  accordance with this Law and the Civil Procedure Law.
  Chapter III Arbitration Agreement
  Article 16
  An arbitration agreement shall include the arbitration clauses
  provided in the contract and any other written form of agreement concluded
  before or after the disputes providing for submission to arbitration.
  The following contents shall be included in an arbitration agreement:
  1. the expression of the parties wish to submit to arbitration;
  2. the matters to be arbitrated; and
  3. the Arbitration Commission selected by the parties.
  Article 17
  An arbitration agreement shall be invalid under any of the following
  circumstances:
  1. matters agreed upon for arbitration are beyond the scope of
  arbitration prescribed by law;
  2. an arbitration agreement concluded by persons without or with
  limited capacity for civil acts; and
  3. one party forces the other party to sign an arbitration agreement
  by means of duress.
  Article 18
  If the arbitration matters or the arbitration commission are not
  agreed upon by the parties in the arbitration agreement, or, if the
  relevant provisions are not clear, the parties may supplement the
  agreement. If the parties fail to agree upon the supplementary agreement,
  the arbitration agreement shall be invalid.
  Article 19
  An arbitration agreement shall exist independently. Any changes to,
  rescission, termination or invalidity of the contract shall not affect the
  validity of the arbitration agreement.
  An arbitration tribunal has the right to rule on the validity of a
  contract.
  Article 20
  If the parties object to the validity of the arbitration agreement,
  they may apply to the arbitration commission for a decision or to a
  people s court for a ruling. If one of the parties submits to the
  arbitration commission for a decision, but the other party applies to a
  people s court for a ruling, the people s court shall give the ruling.
  If the parties contest the validity of the arbitration agreement, the
  objection shall be made before the start of the first hearing of the
  arbitration tribunal.
  Chapter IV Arbitration Procedure
  Section 1: Application and Acceptance for Arbitration
  Article 21
  The parties applying for arbitration shall fulfil the following
  conditions:
  1. they must have an arbitration agreement;
  2. they must have a specific claim with facts and argument on which
  the claim is based; and
  3. the arbitration must be within the jurisdiction of the arbitration
  commission.
  Article 22
  The party applying for arbitration shall submit to an arbitration
  commission the arbitration agreement, an application for arbitration and
  copies thereof.
  Article 23
  An arbitration application shall state clearly the following:
  1. the name, sex, age, occupation, work unit and address of the party,
  the name address and legal representative of the legal person or other
  organization and the name and position of its person-in charge;
  2. the arbitration claim and the facts and argument on which the claim
  is based; and
  3. evidence and the source of evidence, the name and address of the
  witness (es).
  Article 24
  Within 5 days from the date of receiving the arbitration application,
  the arbitration commission shall notify the parties that it considers the
  conditions for acceptance have been fulfilled, and that the application is
  accepted by it. If the arbitration commission considers that the
  conditions have not been fulfilled, it shall notify the parties in writing
  of its rejection, stating its reasons.
  Article 25
  Upon acceptance of an arbitration application, the arbitration
  commission shall, within the time limit provided by the Arbitration Rules,
  serve a copy of the Arbitration Rules and the list of arbitrators on the
  applicant, and serve a copy of the arbitration application, the
  Arbitration Rules and the list of arbitrators on the respondent.
  Upon receipt of a copy of the arbitration application, the respondent
  shall, within the time limit prescribed by the Arbitration Rules, submit
  its defence to the arbitration commission. Upon receipt of the defence,
  the arbitration commission shall, within the time limit prescribed by the
  Arbitration Rules, serve a copy of the reply on the applicant. The failure
  of the respondent to submit a defence shall not affect the proceeding of
  the arbitration procedures.
  Article 26
  Where the parties had agreed on an arbitration agreement, but one of
  the parties initiates an action before a people s court without stating
  the existence of the arbitration agreement, the people s court shall,
  unless the arbitration agreement is invalid, reject the action if the
  other party submits to the court the arbitration agreement before the
  first hearing of the case. If the other party fails to object to the
  hearing by the people s court before the first hearing, the arbitration
  agreement shall be considered to have been waived by the party and the
  people s court shall proceed with the hearing.
  Article 27
  The applicant may abandon or alter his arbitration claim. The
  respondent may accept the arbitration claim or object to it. It has a
  right to make a counterclaim.
  Article 28
  A party may apply for property preservation if, as the result of an
  act of the other party or for some other reasons, it appears that an award
  may be impossible or difficult to enforce.
  If one of the parties applies for property preservation, the
  arbitration commission shall submit to a people s court the application of
  the party in accordance with the relevant provisions of the Civil
  Procedure Law.
  If a property preservation order is unfounded, the applicant shall
  compensate the party against whom the order was made for any losses
  sustained as a result of the implementation of the property preservation
  order.
  Article 29
  The parties and their legal representatives may appoint lawyers or
  engage agents to handle matters relating to the arbitration. In the event
  that a lawyer or an agent is appointed to handle the arbitration matters,
  a letter of authorization shall be submitted to the arbitration
  commission.
  Section 2: Composition of the Arbitration Tribunal
  Article 30
  An arbitration tribunal may comprise three arbitrators or one
  arbitrator. If an arbitration tribunal comprises three arbitrators, a
  presiding arbitrator shall be appointed.
  Article 31
  If the parties agree to form an arbitration tribunal comprising three
  arbitrators, each party shall select or authorize the chairmen of the
  arbitration commission to appoint one arbitrator. The third arbitrator
  shall be selected jointly by the parties or be nominated by the chairman
  of the arbitration commission in accordance with a joint mandate given by
  the parties. The third arbitrator shall be the presiding arbitrator.
  If the parties agree to have one arbitrator to form an arbitration
  tribunal, the arbitrator shall be selected jointly by the parties or be
  nominated by the chairman of the arbitration commission in accordance with
  a joint mandate given by the parties.
  Article 32
  If the parties fail, within the time limit prescribed by the
  Arbitration Rules, to select the form of the constitution of the
  arbitration tribunal or fail to select the arbitrators, the arbitrators
  shall be appointed by the chairman of the arbitration commission.
  Article 33
  After the arbitration tribunal is constituted, the arbitration
  commission shall notify the parties in writing of the composition of the
  arbitration tribunal.
  Article 34
  In any of the following circumstances, an arbitrator must withdraw
  from the arbitration, and the parties shall have the right to apply for
  his withdrawal if he:
  1. is a party or a close relative of a party or of a party s
  representative;
  2. is related in the case;
  3. has some other relationship with a party to the case or with a
  party s agent which could possibly affect the impartiality of the
  arbitration;
  4. meets a party or his agent in private, accepts an invitation for
  dinner by a party or his representative or accepts gifts presented by any
  of them.
  Article 35
  When applying for the withdrawal of an arbitrator, the petitioning
  party shall state his reasons and submit a withdrawal application before
  the first hearing. A withdrawal application may also be submitted before
  the conclusion of the last hearing if reasons for the withdrawal only
  became known after the start of the first hearing.
  Article 36
  Whether an arbitrator is withdrawn or not shall be determined by the
  chairman of the arbitration commission. If chairman is serving as an
  arbitrator, the withdrawal or not shall be determined collectively by the
  arbitration commission.
  Article 37
  If an arbitrator is unable to perform his duties as an arbitrator as a
  result of the withdrawal or any other reasons, another arbitrator shall be
  selected or appointed in accordance with the provisions of this Law.
  After a replaced arbitrator has been selected or appointed following
  the withdrawal of an arbitrator, the parties may apply to resume the
  arbitration procedure. The arbitration tribunal shall determine whether
  the resumption of the procedure may be allowed. The arbitration tribunal
  may determine on its own whether the arbitration procedure shall be
  resumed.
  Article 38
  An arbitrator involved in one of the circumstances described in Item
  4, Article 34, if it is serious, or those described in Item 6, Article
  58, such arbitrator shall be legally liable in accordance with the law.
  The arbitration commission shall remove his name from the list of
  arbitrators.
  Section 3: Hearing and Arbitral Awards
  Article 39
  An arbitration tribunal shall hold a tribunal session to hear an
  arbitration case. If the parties agree not to hold a hearing, the
  arbitration tribunal may render an award in accordance with the
  arbitration application, the defence statement and other documents.
  Article 40
  An arbitration shall not be conducted in public. If the parties agree
  to a public hearing, the arbitration may proceed in public, except those
  concerning state secrets.
  Article 41
  The arbitration commission shall notify the two parties within the
  time limit provided by the Arbitration Rules of the date of the hearing.
  Either party may request to postpone the hearing with in the time limit
  provided by the Arbitration Rules if there is a genuine reason. The
  arbitration tribunal shall decide whether to postpone the hearing.
  Article 42
  If the applicant for arbitration who has been given a notice in
  writing does not appear before the tribunal without good reasons, or
  leaves the tribunal room during a hearing without the permission of the
  arbitration tribunal, such applicant shall be deemed as having withdrawn
  his application.
  If the party against whom the application was made was served with a
  notice in writing but does not appear before the tribunal without due
  reasons or leaves the tribunal room during a hearing without the
  permission of the arbitration tribunal, an award by default may be given.
  Article 43
  The parties shall produce evidence in support of their claims.
  An arbitration tribunal may collect on its own evidence it considers
  necessary.
  Article 44
  For specialized matters, an arbitration tribunal may submit for
  appraisal to an appraisal organ agreed upon by the parties or to the
  appraisal organ appointed by the arbitration tribunal if it deems such
  appraisal to be necessary.
  According to the claim of the parties or the request of the
  arbitration tribunal, the appraisal organ shall appoint an appraiser to
  participate in the hearing. Upon the permission of the arbitration
  tribunal, the parties may question the appraiser.
  Article 45
  Any evidence shall be produced at the start of the hearing. The
  parties may challenge the validity of such evidence.
  Article 46
  In the event that the evidence might be destroyed or if it would be
  difficult to obtain the evidence later on, the parties may apply for the
  evidence to be preserved. If the parties apply for such preservation, the
  arbitration commission shall submit the application to the basic-level
  people s court of the place where the evidence is located.
  Article 47
  The parties have the right to argue during an arbitration procedure.
  At the end of the debate, the presiding arbitrator or the sole arbitrator
  shall ask for the final opinion of the parties.
  Article 48
  An arbitration tribunal shall make a written record of the hearing. If
  the parties or other participants to the arbitration consider that the
  record has omitted a part of their statement or is incorrect in some other
  respect, they shall have the right to request correction thereof. If no
  correction is made, the request for correction shall be noted in the
  written record.
  The arbitrators, recorder, parties and other participants to the
  arbitration shall sign or affix their seals to the record.
  Article 49
  After the submission of an arbitration application, the parties may
  settle the dispute among themselves through conciliation. If a
  conciliation agreement has been reached, the parties may apply to the
  arbitration tribunal for an award based on the conciliation agreement.
  Then may also withdraw the arbitration application.
  Article 50
  If the parties fall back on their words after the conclusion of a
  conciliation agreement and the withdrawal of the arbitration application,
  application may be made for arbitration in accordance with the arbitration
  agreement.
  Article 51
  Before giving an award, an arbitration tribunal may first attempt to
  conciliate. If the parties apply for conciliation voluntarily, the
  arbitration tribunal shall conciliate. If conciliation is unsuccessful, an
  award shall be made promptly.
  When a settlement agreement is reached by conciliation, the
  arbitration tribunal shall prepare the conciliation statement or the award
  on the basis of the results of the settlement agreement. A conciliation
  statement shall have the same legal force as that of an award.
  Article 52
  A conciliation statement shall set forth the arbitration claims and
  the results of the agreement between the parties. The conciliation
  statement shall be signed by the arbitrators, sealed by the arbitration
  commission, and served on both parties.
  A conciliation statement shall have legal effect once signed and
  accepted by the parties.
  If the parties fall back on their words before the conciliation
  statement is singed and accepted by them, an award shall be made by the
  arbitration tribunal promptly.
  Article 53
  An award shall be based on the opinion of the majority arbitrators.
  The opinion of the minority arbitrators shall be recorded in writing. If
  an opinion of the minority arbitrators shall be recorded in writing. If an
  opinion of the majority arbitrators can not be constituted at the
  tribunal, the award shall be given according to the opinion of the
  presiding arbitrator.
  Article 54
  The arbitration claims, the matters in dispute, the grounds upon which
  an award is given, the results of the judgement, the responsibility for
  the arbitration fees and the date of the award shall be set forth in the
  award. If the parties agree not to include in the award the matters in
  dispute and the grounds on which the award is based, such matters may not
  be stated in the award. The award shall be signed by the arbitrators and
  sealed by the arbitration commission. The arbitrator who disagrees with
  the award may select to sign or not to sign it.
  Article 55
  During the course of arbitration by an arbitration tribunal, where a
  part of facts has been made clear, a partial award may first be given in
  relation to that part.
  Article 56
  The parties may, within 30 days of the receipt of the award, request
  the arbitration tribunal to correct any typographical errors, calculation
  errors or matters which had been awarded but omitted in the award.
  Article 57
  An award shall be legally effective on the date it is given.
  Chapter V Application for Cancellation of an Award
  Article 58
  The parties may apply to the intermediate people s court at the place
  where the arbitration commission is located for cancellation of an award
  if they provide evidence proving that the award involves one of the
  following circumstances:
  1. there is no arbitration agreement between the parties;
  2. the matters of the award are beyond the extent of the arbitration
  agreement or not within the jurisdiction of the arbitration commission;
  3. the composition of the arbitration tribunal or the arbitration
  procedure is in contrary to the legal procedure;
  4. the evidence on which the award is based is falsified;
  5. the other party has concealed evidence which is sufficient to
  affect the impartiality of the award; and
  6. the arbitrator(s) has (have) demanded or accepted bribes, committed
  graft or perverted the law in making the arbitral award.
  The peoples court shall rule to cancel the award if the existence of
  one of the circumstances prescribed in the preceding clause is confirmed
  by its collegiate bench.
  The people s court shall rule to cancel the award if it holds that the
  award is contrary to the social and public interests.
  Article 59
  If a party applies for cancellation of an award, an application shall
  be submitted within 6 months after receipt of the award.
  Article 60
  The people s court shall, within 2 months after receipt of the
  application for cancellation of an award, render its decision for
  cancellation of the award or for rejection of the application.
  Article 61
  If the people s court holds that the case may be re-arbitrated by the
  arbitration tribunal after receipt of the application for cancellation of
  an award, the court shall inform the arbitration tribunal of
  re-arbitrating the case within a certain period of time and rule to
  suspend the cancellation procedure. If the arbitration tribunal refuses to
  re-arbitrate, the people s court shall rule to resume the cancellation
  procedure.
  Chapter VI Enforcement
  Article 62
  The parties shall execute an arbitration award. If one party fails to
  execute the award, the other party may apply to a people s court for
  enforcement in accordance with the relevant provisions of the Civil
  Procedure Law, and the court shall enforce the award.
  Article 63
  A people s court shall, after examination and verification by its
  collegiate bench, rule not to enforce an award if the party against whom
  an application for enforcement is made provides evidence proving that the
  award involves one of the circumstances prescribed in Clause 2, Article
  217 of the Civil procedure Law.
  Article 64
  If one party applies for enforcement of an award while the other party
  applies for cancellation of the award, the people s court receiving such
  application shall rule to suspend enforcement of the award.
  If a people s court rules to cancel an award, it shall rule to
  terminate enforcement. If the people s court overrules the application for
  cancellation of an award, it shall rule to resume enforcement.
  Chapter VII Special provisions on Foreign-Related Arbitration
  Article 65
  The provisions of this Chapter shall apply to all arbitration of
  disputes arising from foreign economic, trade, transportation or maritime
  matters. In the absence of provisions in this Chapter, other relevant
  provisions of this Law shall apply.
  Article 66
  A foreign arbitration commission may be organized and established by
  the China International Chamber of Commerce.
  A foreign arbitration commission shall comprise one chairman, several
  vice-chairmen and several committee members.
  The chairman, vice-chairmen and committee members may be appointed by
  the China International Chamber of Commerce.
  Article 67
  A foreign arbitration commission may appoint foreigners with
  professional knowledge in such fields as law, economic and trade, science
  and technology as arbitrators.
  Article 68
  If the parties to a foreign-related arbitration apply for evidence
  preservation, the foreign arbitration commission shall submit their
  applications to the intermediate people s court in the place where the
  evidence is located.
  Article 69
  The arbitration tribunal of a foreign arbitration commission may
  record the details of the hearing in writing or record the essentials of
  the hearing in writing. The written record of the essentials shall be
  signed or sealed by the parties and other participants in the arbitration.
  Article 70
  A people s court shall, after examination and verification by its
  collegiate bench, rule to cancel an award if a party to the case provides
  evidence proving that the arbitration award involves one of the
  circumstances prescribed in Clause 1, Article 260 of the Civil Procedure
  Law.
  Article 71
  A people s court shall, after examination and verification by its
  collegiate bench, rule not to enforce an award-if the party against whom
  an application is made provides evidence proving that the arbitration
  award involves one of the circumstances prescribed in Clause 1, Article
  260 of the Civil Procedure Law.
  Article 72
  Where the party subject to enforcement or its property is not within
  the territory of the People s Republic of China, a party applying for the
  enforcement of a legally effective arbitration award shall apply directly
  to the foreign court having jurisdiction for recognition and enforcement
  of the award.
  Article 73
  Foreign arbitration rules may be formulated by the China International
  Chamber of Commerce in accordance with this Law and the relevant
  provisions of the Civil Procedure Law.
  Chapter VIII Supplementary Provisions
  Article 74
  If the law has stipulated a time limitation of arbitration, such
  provisions of the law shall apply. If the law has not stipulated a time
  limitation of arbitration, the provisions on the limitation of actions
  shall apply.
  Article 75
  The arbitration Commission may formulate provisional arbitration rules
  in accordance with this Law and the relevant provisions of the Civil
  Procedure Law before the formulation of the arbitration rules by the China
  Arbitration Association.
  Article 76
  The parties shall pay arbitration fees in accordance with the relevant
  provisions.
  The methods for the collection of arbitration fees shall be submitted
  to the commodity prices administration department for approval.
  Article 77
  Arbitration of labor disputes and disputes over contracts for
  undertaking agricultural projects within agricultural collective economic
  organizations shall be separately stipulated.
  Article 78
  In the event of conflict between the provisions on arbitration
  formulated before the coming into effect of this Law and the provisions of
  this Law, the provisions of this Law shall prevail.
  Article 79
  Arbitration organs established before the coming into effect of this
  Law in the municipalities directly under the Central Government, in the
  municipalities where the people s governments of the provinces or
  autonomous regions and in other cities divided into districts must be
  re-organized in accordance with the relevant provisions of this Law. The
  arbitration organs which are not re-organized shall be terminated at the
  expiration of one year after the date of effectiveness of this Law.
  All other arbitration organs established before the implementation of
  this Law and not conforming to the provisions of this Law shall be
  terminated on the date of effectiveness of this Law.
  Article 80
  This Law shall be effective as of September 1, 1995.


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