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Arbitration Law of China General Provisions

Time:2014-03-13 Hit:1816

Arbitration Law of China General Provisions
        In order to ensure a fair and efficiency arbitration of economic disputes, to protect the legitimate interests of the parties and the healthy development of the socialist market economy, this law is formulated hereof.
        Article 2  Contract disputes and other property rights disputes between equal individuals, legal persons and other organizations may be arbitrated .
        Article 3 The following dispute cannot be arbitrated :
        ( A ) marriage, adoption, guardianship, child support , inheritance disputes ;
        ( B) The administrative disputes.
        Article 4 The parties using arbitration to settle disputes , the parties should voluntarily reach an arbitration agreement. Without arbitration agreement, the Arbitration Commission shall refuse the application.
        Article 5 Whereas the parties have concluded an arbitration agreement ,, the people's court shall not accept the lawsuit brought to it, unless the arbitration agreement is invalid .
        Article 6 The arbitration commission shall be chosen by agreement of the parties, arbitration shall not be subject to the level and geographic jurisdiction.
        Article 7 The arbitration commission shall resolve the dispute in accordance with the facts, and law, fairly and reasonably .
        Article 8 The arbitration shall be conducted independently and free from administrative organs, social groups and individuals.
        Article 9 The award of arbitration is final once made, After the ruling, neither party may re-apply to the people's court of the same dispute, if the award is revoked by the People’s Court, the parties may conclude another arbitration agreement or bring the lawsuit to the People’s Court.
        Chapter II Arbitration Commission and Arbitration Association
        Article 10 Arbitration Committee may be setup by municipalities and provinces, autonomous regions, it can also be set up in other districts of the city if necessary, the arbitration commission shall not be established according to administrative hierarchy .
        Arbitration Committee shall be established by the relevant people’s government and chamber of commerce, the arbitration commission shall be registered to the judicial administrative department of the provinces, autonomous regions, municipalities.
        Article 11 An arbitration commission shall meet the following conditions:
        ( A ) it shall has its own name, residence and regulations ;
        ( B) the necessary property ;
        ( C) the composition of the Commission's staff ;
        ( D) the appointment of the arbitrator.
        Articles of the arbitration commission shall be formulated in accordance with the law.
        Article 12 An arbitration committee consists of a chairman, vice chairman, two to four chairmen and seven to eleven members.
        Director of the Arbitration Committee, vice- chairmen and members of the legal, economic and trade experts have practical work experience staff. Arbitration Committee composed of personnel, legal, economic and trade shall not be less than two-thirds.
        Article 13 The members of arbitration commission shall appointed from a fair and honest person .
        Arbitrators must meet one of the following conditions:
        ( A ) engaged in arbitration work at least eight years ;
        (B ) worked as a lawyer at least eight years ;
        (C ) at least eight years as a former judge;
        (D ) people with a senior academic title who is engage in legal research or teaching;
        ( E ) with legal knowledge , engaged in economic trade and other professionals of senior title or equivalent professional level .
        Arbitrators Arbitration Commission shall establish list of arbitrators in accordance with different specialties .
        Article 14 Arbitration Committee is independent from the administrative organ, and there is no subordinate between the arbitration committee .
        Article 15 The China Arbitration Association is a social group. it is a member of the Arbitration Commission Arbitration Association . Articles of China Arbitration Association shall be formulated by the national congress of the association.
        China Arbitration Association is a self-regulatory organization, conduct supervision over the members of arbitration commission according to its articles of association.
        China Arbitration Association arbitration formulates its rules in accordance with relevant provisions of this Act and the Civil Procedure Law.

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