全国人民代表大会

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arbitration tribunal, such applicant shall be deemed as having withdrawn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.

不分页显示　　　总共2页　　[1] 2

上一页