China International Economic and Trade Arbitration Commission, Arbitration Rules (2000 Revision)

Adopted: September 5 2000
Effective: October 1 2000
Interperting authority: China International Economic and Trade Arbitration Commission

Main contents: The revised Rules differ from the 1998 revision in a number of ways. In Article 2 a clause has been added stating that the Commission also resolves domestic disputes that the parties involved agree to put before the Commission. The revised Article 2 also states what type of disputes the Commission will not accept, such as disputes over marriage, adoption and inheritance, as well as administrative disputes that should in accordance with the law be handled by the administrative authorities. Article 6 has an additional clause stating that the assertion of a defence against an arbitration agreement and/or over the jurisdiction of an arbitration case shall not influence the hearing of a case. Article 30 has an additional clause stating that until the chairman of the Commission decides whether or not an arbitrator should withdraw, that arbitrator shall continue to carry out his duties. Article 44 has an additional clause stating that when the parties concerned have reached a reconciliation agreement through mediation outside the Commission, they can ask the Commission to appoint an independent arbitrator to make an arbitration decision in accordance with that agreement. The revised Rules have an additional Part Four dealing with special rules for arbitration within China. These state the procedure to be followed once an application for arbitration has been received, and the procedure for hearing cases. The revised rules also reduce the fees for arbitration involving foreigners.
Related legislation: PRC, Arbitration Law, Aug 31 1994, CLP 1994 No.9 p23