ArbitrationYour current position:Home >> Arbitration

China arbitration law part 3

Time:2014-03-13 Hit:291

China arbitration law part 3

  Article 53: the award shall be made in accordance with the opinion of the majority of the arbitrators, the arbitrator’s different view shall be recorded in writing. When the arbitration tribunal cannot form a majority, the award shall be made in accordance with the chief arbitrator 's opinion.

 Article 54: the award shall specify the arbitration claims, dispute the facts, reasons for the decision, ruling, the arbitration fees and the date of the award. if the parties to the agreement do not want the facts stated and the reasons for the decision to be stated in the award, the facts and reason may not be stated. The award shall be signed by the arbitrators and shall be sealed by the arbitration commission. But dissenting arbitrator may sign or not sign it.

  Article 55: the arbitration tribunal may pass the ruling on part of the facts that have already been made clear.

  Article 56: in case of errors involving context or computation and add things that have been omitted in the rulings in the arbitral, it shall be corrected by the arbitral tribunal; either party may request such correction within thirty days from the receipt of the award.

 Article 57: the award shall be the legally effective date of made issued by the arbitration tribunal.

 Article 58: the parties may apply to the Intermediate People's Court for cancellation of an award presenting evidence that the award of the following circumstances occurs:

(A) no arbitration agreement 

(B) matters beyond the scope of the arbitration agreement, or it is not entitled to arbitration to the Arbitration Commission 

(C) the composition of the arbitral tribunal or the arbitration procedure violation of legal procedures 

(D) the evidence the award is based is forged 

(E) the other party withheld evidence sufficient to affect the impartiality of the award 

(F) the arbitrator in arbitration has accepted bribes, favouritism, capricious and award.

    People's Court ruling collegiate bench to verify the circumstances of any of the preceding paragraph, the court shall revoke such an award.

    the court shall revoke the award if it’s found that the award is contrary to public interests, 

    Article 59: the application for revocation of the award should be made within six months from the date of receipt of the award.

    Article 60: the people's court shall revoke or reject the application within two months after accepting the application for cancellation of the award.

    Article 61: if the People's Court accepts the application for cancellation of an award, it shall be re-arbitrated by the arbitration tribunal within a certain period of time, and to suspend the cancellation procedure. if the arbitral tribunal refused to re- arbitration, the people's court shall rule to resume revocation procedures.

    Article 62: the parties shall perform the ruling. If one party fails to enforce the award, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The people's court shall enforce it.

    Article 63: was presented evidence to prove that any of the circumstances ruling Civil Procedure Law Article 217, paragraph 2, upon examination and verification by a collegial panel composed of the People's Court ruled against enforcement.

    Article 64: the application for enforcement of the ruling party, the other party for the revocation of the ruling, the court shall rule to suspend execution.

    People's Court ruled that the revocation decision, the court shall terminate enforcement. If the application for revocation is rejected, the people's court shall rule to resume execution.

    Article 65: this chapter shall apply to the foreign economic, trade, transportation and maritime disputes in arbitration, matters not covered by this Chapter shall be handled according to other relevant provisions of this law. 

    Article 66: a foreign arbitration commission be established by China International Chamber of Commerce.

    A foreign arbitration committee composed of a chairman, vice-chairmen and members.

    Director of Foreign Arbitration Committee, vice-chairmen and members may be appointed by the China Chamber of International Commerce.

    Article 67: foreign arbitration commission may appoint arbitrators with expertise from expatriates law, economy and trade, science and technology.

    Article 68: the parties apply for evidence preservation for the foreign arbitration, the foreign arbitration commission shall apply for the Intermediate People 's Court where the evidence is located. 

    Article 69: foreign arbitration can be a written record of the hearing or record the essentials, record points can participate in the arbitration by the parties and others signed or sealed.

    Article 70: if the claimant has produced evidence to substantiate one of the cases as provided for in the first paragraph of Article 260 of the Civil Procedure Law, the People's court shall form a collegiate bench to verify the facts and order the cancellation of the award

    Article 71: it the respondent has produced evidence to substantiate one of the cases as provided for in the first paragraph of Article 260 of the Civil Procedure Law, the people's court shall verify the facts and rule that the award will not be executed.

     Article 72: a foreign arbitration award made by the Committee, the party shall apply directly with a foreign law court with the jurisdiction for acknowledge and execution if its property is not in the territory of the People's Republic of China.

    Article 73: foreign arbitration rules may be formulated by the China International Chamber of Commerce in accordance with the relevant provisions of this Act and the Civil Procedure Law.

    Article 74: whereas there is a statute of limitations for the arbitration stipulated in the law, the statute of limitations shall apply. Whereas there is no statute of limitations for the arbitration stipulated by the law, the provisions about the statute of limitations shall apply.

    Article 75: before the development of the China Arbitration Association arbitration rules, the Arbitration Commission may establish interim rules for arbitration in accordance with the relevant provisions of this Act and the Civil Procedure Law.

    Article 76: the parties shall pay arbitration fees in accordance with the provisions.

    Measures for the Arbitration fee shall be submitted to the price administration department for approval.

    Article 77: agricultural contract disputes and arbitration of labour disputes shall be stipulated separately.

    Article 78: provisions of this arbitration law enacted before the implementation of the provisions of this Law relating to the arbitration, this Law shall prevail in case of conflict.

    Article 79: prior to the enforcement of this law, arbitration institutions in the city municipalities, provincial and regional government seat of the city and other districts established shall be reorganized in accordance with the relevant provisions of this law ; Other arbitration organizations set up before the implementation of this law and are not in conformity to the provisions of this law shall be terminated starting from the date of the implementation of this law

    Article 80: This Law shall go into effect as of the date of September 1, 1995 


Last article:China arbitration law :arbitration agreement
Next article:No deta
shanghai attorney