Beijing Arbitration Commission, Arbitration Rules (5th Revision)

Adopted: September 16 2003
Effective: March 1 2004
Interpreting authority: Beijing Arbitration Commission (BAC)
Applicability: The Rules apply to parties who have agreed to submit their dispute cases to the BAC for arbitration. However, the parties' agreement shall prevail if the parties have otherwise agreed on the arbitration proceedings or the rules applicable to arbitration with the consent of the BAC (Article 2). For cases accepted before the Rules become effective, the Arbitration Rules prevailing at the time of case acceptance shall apply. The Rules apply if the parties agree to do so with the consent of the BAC (Article 65).

Main contents: Article 2 is added to allow the parties to decide on the arbitration proceedings or the rules applicable to arbitration with the consent of the BAC. Article 18 specifies more details in the selection of the chief arbitrator. Limitation on the number of representatives entrusted for handling arbitration is lifted (Article 16) and the parties are allowed to hold a case hearing in places other than where the BAC is located with the approval of the Secretary-General (Article 25). Article 20 is added stipulating the information disclosure obligations of arbitrators. Article 22 is also added allowing the change of arbitrators under such circumstances as the de jure or de facto impossibility of an arbitrator to perform his functions, or failure to perform the functions in accordance with the Rules. Other changes are made regarding procedural matters such as documents required for arbitration application, contents of the Statement of Defence, late submission of counterclaim, and time limit for raising an objection to the jurisdiction over an arbitration case.