Arbitration is commonly
adopted way for settling international commercial disputes and so is it in
China. It enjoys the advantages of
summary procedures, quick handling less cost. It can settle disputes
independently, fairly and rapidly. Parties concerned enjoy full rights. It also
features flexibility, confidentiality, finalization and easy performance. That
is why it is adopted by more and more parties
concerned.
China has always advocated and encouraged settlement
of international commercial disputes by arbitration. As early as in 1956, the
Chinese Government set up an arbitration body whose sole purpose was to settle
international commercial disputes. Rapid progress has been made in arbitration
of international commercial disputes over the past 50 years. Now,
China ranks first in terms of the
number of cases handled by Chinese arbitration organizations. The fairness
upheld has won universal approval at home and abroad. Parties concerned in
dispute cases have come from more than 40 countries and regions. In fact,
China has become a world center for
handling international commercial disputes.
Ⅰ. Foreign-related
arbitration organizations in China
There are two
foreign-related arbitration organizations in China,
which
are, the China International
Economic and Trade Arbitration Commission (CIETAC) and the China Maritime
Arbitration Commission (CMAC). The former handles disputes arising from
international economic and trade activities and the latter, disputes arising
from maritime affairs.
CIETAC is headquartered in
Beijing. It has
two sub-commissions in Shenzhen and Shanghai and
offices in Changsha, Hebei, Dalian, Fuzhou, Chongqing,
Jilin, Jiangsu, Zhejiang,
Hubei, Shandong, Xinjiang,
Henan, Tianjin
and Chengdu.
The CIETAC and its
sub-commissions accept cases according to the arbitration rules and use the
unified arbitration rules and list of arbitrators. Its offices are responsible
for offering consulting services, assisting in the arrangement of arbitration
court, engaging in arbitration publicity and promotion of arbitration
agreements, collecting information about arbitration, carrying out investigation
and study and handling other matters commissioned by
CIETAC.
China International Economic and Trade Arbitration
Commission (CIETAC)
Address:
6th Floor, Gaolan
Mansion, 32 Liangmaqiao Road,
Chaoyang District, Beijing
Postal
code：100016
Tel.：(86-10) 64646688
Fax：(86-10)
64643500,64643520
E-mail：CIETAC@public.bta.net.cn
Website：http://www.cietac.org
CIETAC Shanghai Sub-Commission
Address：7th
floor, Building 2, 28 Jingling
Road (W), Shanghai
Postal
Code：200021
Tel.：（86-021）63877878 63878686
Fax：（86-021）63877070
E-mail：cietac@sh.col.com.cn
Website：http://www.cietac-sh.org
CIETAC South China Sub-Commission
Address：19th
Floor, BOC Manion, Caitian
Road, Futian District, Shenzhen City
Postal
Code：518026
Tel.：（86-0775）83501700
Fax：（86-0775）82468591
E-mail：info@sccietac.org
Website：http://www.sccietac.org
CIETAC Changsha Office
Contact：Fu
Nanlin
Address：1st
Floor, Foreign Trade Building, 98 Wuyi Road (E), Changsha City
Tel.：0731-2296514
Postal
Code：410001
CIETAC Hebei Office
Contact：Li
Chao
Address：2nd
Floor, Commercial Hall Building No. 334, Heping Road (W), Shijiazhuang City
Tel.：0311-7832953
Postal
Code：050071
E-mail:
cietacheb@tom.com
CIETAC Dalian
Office
Contact：Ma
Xueqing
Address：Room 1007,
10th Floor, Wanda
Mansion, 18 Hongda Road,
Zhongshan District, Dalian City
Tel.：0411-82654418
Fax：0411-
82806905
Postal
Code：116001
E-mail:
yy@ccpitdl.org
CIETAC Fuzhou Office
Contact：Yang
Xinjie
Address：21st
Floor, Pindong
Office Tower, 128 Hualin Road, Fuzhou
City, Fujian
Province
Tel.：0591-87818190\0591-87758182
Fax：0591-87842827
Postal
Code：350003
CIETAC Chongqing Office
Contact：Zou
Hang
Address：19th
Floor, International Chamber of Commerce Building, 78 Yanghe Yicun, Jiangbei District,
Chongqing
City
Tel.：023-67755808
Fax：023-67731702
Postal
Code：400020
Beijing Liaison Office
Address:
4th floor, Hualongjie Mid-Section, Nanheyan, Dongcheng District,
Beijing
Contact：Bai
Liang
Tel.：010-65250622
Fax：010-65250622
Postal
Code：100006
E-mail: bailiang@ccpitbj.org
CIETAC Jilin
Office
Contact：Chen
Zhengwei
Address：XX, Beijing
St., Jinli, Jilin Province
Tel.：0432-2089200
Fax：0432-2082600
Postal
Code：132084
E-mail:
kenty-cao@163.com
CIETAC Jiangsu Office
Contact：Yu
Weining
Address：Building 8,
50 Zhonghua Road,
Nanjing, Jiangsu
Province
Tel.：025-52254218/52856808
Fax：025-52245267
Postal
Code：210000
E-mail:
ccoicjcc@jlonline.com
CIETAC Zhejiang
Office
Contact: Wu
Zhaoping
Address: 18,
Jiaochang Road,
Hangzhou, Zhejiang
Province
Tel.：0571-87706108
Fax：0571-87706198
Postal
Code：310006
CIETAC Hubei
Office
Contact：Lu
Kunxiang
Address：15th
Floor, Jinmao Mansion, 8 Jianghan Road (N), Wuhan City, Hubei Province
Tel.：027-85750913/85796170
Fax：027-85775174
Postal
Code：430022
CIETAC Shandong
Office
Contact：Gao
Jing
Address：158 Jingsi
Road, Jinan City, Shandong
Province
Tel.：0531-6168389
Fax：0531-6168370
Postal
Code：250001
E-mail:
sd.law@ccpit.org
CIETAC Xinjiang
Office
Contact：Pu
Lei
Address：11 Tuanjie
Rd. Urumqi, Xinjiang Uygur Autonomous
Region
Tel.：0991-2866771
Postal
Code：830001
CIETAC Henan
Office
Contact：Wu
Yongxin
Address：Building No.2,
115 Wenhua Road,
Zhengzhou City, Henan Province
Tel.：0371-3576404
Postal
Code：450002
CIETAC Tianjin
Office
Contact：Wu
Fengling
Address：Room 201,
International Trade Building, 85, Qufu Road, Heping District, Tianjin
Tel.：022-23317860/23022835
Postal
Code：300042
CIETAC Chengdu
Office
Contact：Dai
Shaoquan
Address：14th
Floor, Shaocheng Building, Shaocheng Road, Shudu Dadao, Chengdu City
Tel.：028-86260418
Postal
Code：610015
Electronics Information Center
Contact：Mei
Min
Address：2nd
Floor, Electronics
Building, Wanshou Road, Beijing
Tel.：010-68207154
Fax：010-68200638
Postal
Code：100846
E-mail:
meimin123@263.net
CIETAC Shaanxi
Office
Contact：Zhang
Yuming
Address：Xin Cheng House,
Xi’an, Shaanxi Province
Tel.：029-87280794
Fax：029-87280794
Postal
Code：710006
CIETAC
Heilongjiang
Office
Address：Harbin Institute of
Technology, 13, Fayuan Road, Nangang District, Harbin,
Heilongjiang Province
Tel.：0451－86402007
Fax：0451－87280794
Postal
Code：150001
China Maritime Arbitration
Commission (CMAC) settles by arbitration disputes arising from maritime affairs,
maritime commerce and logistics and other contracting or non-contracting
disputes in order to protect the lawful rights and interests of parties
concerned and promote the development of international and domestic trade and
logistics.
CMAC is headquartered in
Beijing and has a sub-Commission in Shanghai and offices in Dalian, Guangzhou, Tianjin and Ningbo. CMAC handles arbitration cases
according to the arbitration rules while its offices offer consulting services,
assist in the arrangement of arbitration court, make publicity of arbitration
and promotion of arbitration agreement as well as collect information about
arbitration, carry out investigations and handle other matters designated or
entrusted by CMAC.
China Maritime Arbitration Commission (CMAC)
Address：6th
floor, Gaolan Mansion, 32, Liangmaqiao Road, Chaoyang District,
Beijing
Postal
Code：100016
Tel.：(86-10)64646688
Fax：(86-10)64643500,64643520
E-mail：cmac@cmac.org.cn
Website：http://www.CMAC.org.cn
CMAC Shanghai Sub-Commission
Address：Rooms 1301, 1314,
13th floor, Tangchen
Jinrong Mansion, 710 Dongfang Road, Pudong, Shanghai
Postal
Code：200122
Tel.：021-58200329
50810729
Fax：021-50810965
CMAC Dalian Office
Address：R. 1007,
10th floor, Wanda
Mansion,Hongda Rd. Zhongshan District,
Dalian
City
Postal
Code：116001
Tel.：0411-2654418
Fax：0411-2654438
CMAC Guangzhou Office
Address： R. 930,
4th floor, Zhongyang
Hotel Office Tower,
33 Airport
Rd. Sanyuanli, Guangzhou
Postal
Code：510405
Tel.：020-86578331-1930
Fax：020-86581343
CMAC Tianjin Office
Address：R. 205,
International Trade Building, 85, Heping District, Tianjin
Postal
Code：300042
Tel.：86-22
23301340/23022385
Fax：86-22
23301340
CMAC NingboOffice
Address：12th
Floor, Tianning Building, 138, Zhongshan Rd. (W), Ningbo City
Postal
Code：315000
Tel.：86-574
87368209
Fax：86-574 87368100
Ⅱ. Cases to be
accepted
Commercial cases to be
accepted
The
Arbitration Commission shall settle disputes of contractual or non-contractual
economic trade in an impartial and fair manner through
arbitration.
According to
the provisions of Article 3 of the
Arbitration Rules of the CIETAC, the Arbitration
Commission shall accept disputes as
follows:
a.
International or foreign-related disputes;
b.Disputes
involving Hong Kong and Macao special
administrative regions or Taiwan Province;
c. Domestic
disputes.
According to the provisions of Article 2 of the Financial Disputes
Arbitration Rules of the CIETAC,
the
Arbitration Commission shall accept disputes arising from
financial business or other disputes concerned, including but not limited to
businesses as follows:
a.Loans;
b.Deposit
receipts;
c.Security;
d.Letters of
credit;
e.Bills;
f.Funds of business and
trusteeship;
g.Bonds;
h.Collection and
foreign exchange remittance;
i.Factoring;
j.Payment agreement
between
banks;
k.Securities and
futures.
Maritime arbitration cases to be
accepted
a.Disputes arising from charter party, contract of
multi-model transport, bill of lading, waybill or any other transport documents
in connection with carriage of goods by sea or waters, or carriage of
passengers;
b.Disputes arising from sale, construction, repair,
chartering, financing, towage, collision, salvage or raising of ships or other
offshore mobile units, or from sale, construction, chartering, financing and
other relative business of containers;
c.Disputes arising from marine insurance, general average or
ship's protection and indemnity;
d.Disputes arising from supply or security of ship's stores
or fuel, ship's agency, seamen's labor service or port's
handling;
e.Disputes arising from exploitation and utilization of
marine resources or pollution damage to marine
environment;
f.Disputes arising from freight forwarding, non-vessel
operating common carriage, transport by highway, railway or airway, transport,
consolidation and devanning of containers, express delivery, storing,
processing, distributing, warehouse distributing, logistics information
management, or from construction, sale and leasing of tools of transport, tools
of carrying and handling, storage facilities, or from logistics center and
distribution center, logistics project planning and consulting, insurance
related to logistics, tort or others related to
logistics;
g.Disputes arising from fishery production or fishing;
and
h.Other disputes submitted for arbitration by agreement
between parties.
Ⅲ. Model
arbitration clauses
When applying for
arbitration, the claimant must submit an arbitration agreement, which may be
arbitration clauses incorporated in the contract or any agreement reached for
arbitration before or after the disputes. According to
China’s laws, a valid arbitration
agreement must be accompanied by expressed claim of arbitration, a selected
arbitration committee, and agreed items in arbitration (which may be settled
through arbitration). The agreement must be in written form. Parties concerned
must have the capacity of
signing the arbitration agreement, which is legal in contents and
form.
The China International
Economic and Trade Arbitration Commission (China Maritime Arbitration
Commission) recommend the following model arbitration
clause:
"Any dispute arising out of or
in connection with this contract shall be submitted to the China International
Economic and Trade Arbitration Commission (China Maritime Arbitration
Commission) for arbitration in accordance with the existing rules of the
Commission. The arbitration award shall be final and binding upon the
parties."
To the above arbitration
clause, parties concerned may add the following items, or make supplementary
agreements in written forms after arbitration clauses/agreements are reached and
before disputes are submitted for arbitration or arbitration procedures
begin:
a. Place of Arbitration and/or place of
court;
b. Arbitration language to be
used;
c. Number of arbitrators
required;
d. Nationalities of arbitrators;
e. Law to be
applied;
f.Ordinary procedures or simplified procedures to be
applied.
Ⅳ. Guide to CIETAC arbitration
procedures
1.Application procedure
When applying for arbitration,
the claimant must submit to Secretariat of the Arbitration Commission or
Secretariats of the Sub-commissions an arbitration agreement and an application
for arbitration in writing, and the facts and evidence on which his claim is
based, and the claimant shall pay an arbitration fee in advance to the
Arbitration Commission according to the Arbitration Fee Schedule of the
Arbitration Commission.
(1)The
Application for Arbitration
The following shall be
specified in the Application for Arbitration:
a. the name and address of the claimant and those of the
respondent, including the zip code, telephone number, telex number, fax number
and cable number or any other means of electronic telecommunications, if any;
b. the Arbitration agreement relied upon by the claimant;
c. the facts of the main points of dispute;
d.. the claimant's claim;
and
e. the facts
and grounds on which the claim is based;
f. The Application for Arbitration shall be signed and/or
stamped by the claimant and/or the attorney authorized by the
claimant.
The copies of arbitration
application and evidence materials should the sum total of the number of people
of the applicant side, arbitration court and secretariat.
After applying for
arbitration, the claimant may request to amend his arbitration claim; but the
arbitration tribunal may refuse such a request for amendment if it considers
that it is too late to raise the request and the amendment may affect the
arbitration proceedings.
(2) Defense and Counterclaim
At the time of sending the
Notice of Arbitration to the respondent, the Secretariat(s) of the Arbitration
Commission shall enclose one copy each of the claimant's application for
arbitration and its attachment as well as the Arbitration Rules, the Panel of
Arbitrators and the Arbitration Fee Schedule of the Arbitration Commission.
In foreign
arbitration, the respondent shall, within 45 days from the date of receipt of
the Notice of Arbitration, submit to the Secretariat(s) of the Arbitration
Commission his written defense and relevant documents to be entered into
evidence. In domestic arbitration, the respondent shall, within 20 days from the
date of receipt of the Notice of Arbitration, produce his written defense and
relevant documentary evidence to the Secretariat(s) of the Arbitration
Commission. The respondent may request to amend his defense. The respondent
shall submit his defense within the time limit specified by the arbitration
tribunal. The arbitration tribunal may extend that time limit appropriately if
it deems that there are justified reasons. The
arbitration tribunal has the power to decide whether to accept a Statement of
Defense submitted after expiration of the aforementioned time
limit.
The respondent may lodge his
counterclaim during the arbitration procedure, and the counterclaim must meet
the following three requirements:
a. the counterclaim arises from the same contract relation or
legal relation as that of the claims raised by the claimant;
b. the counterclaim is directed against the claimant;
c. the disputes involved in the counterclaim shall not be the
same as the disputes involved in the arbitration claims.
The counterclaim shall, at the
latest within 45 days (in foreign-related cases) or 20 days (in domestic cases
or summary procedure cases) from the respondent's receipt of the Notice of
Arbitration, be submitted to the Arbitration Commission. The arbitration
tribunal may extend that time limit appropriately if it deems that there are
justified reasons.
When lodging a counterclaim,
the respondent shall lodge with the arbitration tribunal his counterclaim in
writing, and state in it his specific claim, reasons for his claim and facts and
evidence upon which his counterclaim is base and attach to his written statement
of counterclaim the relevant documentary evidence. The written statement of
counterclaim may be submitted together with his defense or alone. The written
statement of counterclaim and the relevant documentary evidence shall be
submitted in the same copies as the total number of the parties and arbitrators
put together, so that all of the parties, arbitrators and the Secretariat(s)
could get one copy each.
When lodging his
counterclaim, the respondent shall pay a deposit in advance as arbitration fee
according to the Arbitration Fee Schedule of the Arbitration Commission.
The respondent may request to
amend his counterclaim, but the arbitration tribunal may refuse such request for
amendment if it considers that it is too late to raise the request and the
request may affect the arbitration proceedings.
(3)
Composition of Arbitration
Tribunal
According to the Arbitration
Rules of the Arbitration Commission, there are two types of arbitral
tribunal:
a. Sole-Arbitrator Tribunal
Both parties may jointly
appoint or jointly entrust the Chairman of the Arbitration Commission to appoint
one sole-arbitrator from among the Panel of Arbitrators of the Arbitration
Commission to form the tribunal for the case. Both parties have the power to
recommend 1-3 persons as candidates of
sole-arbitrator.
If
both parties have agreed on the appointment of a sole arbitrator to examine and
hear their case but failed to agree on the choice of such a sole arbitrator
within 15 days from the date on which the respondent received the Notice of
Arbitration, the Chairman of the Arbitration Commission shall make such
appointment.
b. Three-Arbitrator Tribunal
Within fifteen 15
days from the date of receipt of the Notice of Arbitration, the claimant and the
respondent shall each appoint one arbitrator or entrust the Chairman of the
CIETAC to make such appointment. Where a party fails to appoint or to entrust
the Chairman of the CIETAC to appoint an arbitrator within the specified time
period, the arbitrator shall be appointed by the Chairman of the
CIETAC.
Within fifteen 15
days from the date of the respondent’s receipt of the Notice of Arbitration, the
presiding arbitrator shall be jointly appointed by the parties or appointed by
the Chairman of the CIETAC upon joint authorization given by the
parties.
The parties may
each recommend one to three arbitrators as candidates for the presiding
arbitrator and shall submit the list of recommended candidates to the CIETAC
within the time period specified in paragraph 2. Where there is only one common
candidate in the lists, such candidate shall be the presiding arbitrator jointly
appointed by the parties. Where there is more than one common candidate listed,
the Chairman of the CIETAC shall choose a presiding arbitrator from among the
common candidates based on the specific nature and circumstances of the case,
who shall act as the presiding arbitrator jointly appointed by the parties.
Where there is no common candidate in the lists, the presiding arbitrator shall
be appointed by the Chairman of the CIETAC from outside of the lists of
recommended candidates.
Where the parties
have failed to jointly appoint the presiding arbitrator according to the above
provisions, the presiding arbitrator shall be appointed by the Chairman of the
CIETAC.
The presiding
arbitrator and the two appointed arbitrators shall jointly form an arbitration
tribunal to examine and hear the case.
c. Multi-Party
Where there are two
or more claimants and/or two or more respondents in an arbitration case, the
claimant side and/or the respondent side each shall, through consultation,
jointly appoint or jointly entrust the Chairman of the CIETAC to appoint one
arbitrator from the CIETAC Panel of
Arbitrators.
Where the claimant
side and/or the respondent side fail to jointly appoint or jointly entrust the
Chairman of the CIETAC to appoint one arbitrator within fifteen 15 days from the
date of receipt of the Notice of Arbitration, the arbitrator shall be appointed
by the Chairman of the CIETAC.
The presiding
arbitrator or the sole arbitrator shall be appointed in accordance with the
procedure stipulated in the rules for Three-Arbitrator Tribunal. When appointing
the presiding arbitrator or the sole arbitrator, the claimant side and the
respondent side each shall, through consultation, submit a list of their jointly
agreed candidates to the CIETAC.
d. Procedures of withdrawal, replacement, and majority to
continue arbitration
If an arbitrator is related in the case
or has some other relationship with the case which could possibly compromise the impartiality of the arbitration, he shall disclose the
information to the Arbitration Commission, and ask for withdrawal from the
arbitration. The parties shall have the right to apply for his withdrawal. In the event that an
arbitrator is prevented de jure or de facto from fulfilling
his/her functions, or he/she fails to fulfill his/her functions in accordance
with the requirements of these Rules or within the time period specified in
these Rules, the Chairman of the CIETAC shall have the power to decide whether
the arbitrator shall be replaced. The arbitrator may also withdraw form his/her
office. In the event that, after the conclusion of the last oral hearing, an
arbitrator on a three-member arbitration tribunal is unable to participate in
the deliberation and/or render the award owing to his/her demise or removal from
the CIETAC Panel of Arbitrators, the other two arbitrators may request the
Chairman of the CIETAC to replace the arbitrator pursuant to the Arbitration
Rules. After consulting with the parties and upon the approval of the Chairman
of the CIETAC, the other two arbitrators may continue the arbitration and make
decisions, rulings or the award. The Secretariat of the CIETAC shall notify the
parties of the above circumstances.
Arbitrators shall
be independent and impartial, not representing interests of any party. The
Arbitration Commission established Ethical Standards for Arbitrators to
normalize the behavior of arbitrators during hearing of cases.
Arbitrators shall hear cases based on facts and laws in addition to using fair,
rational, and independent methods. Arbitrators shall perform arbitration
procedures fairly, and independently and provide both parties with opportunities
to fully state their opinions. Candidate arbitrators shall not act as the
arbitrators of the case if they have discussed cases with one party or offered
consulting opinions ahead of time. Arbitrators shall not accept gifts from any
party involved in the case, and shall not meet in private with any party to
discuss cases or accept materials. Arbitrators shall maintain strict
confidentiality and never reveal any information about arbitration contents or
proceedings and his/her own opinion to any one of the parties or outsiders.
Arbitrators should diligently and prudently perform all the
duties.
(4) Hearing of Cases
a.
Conduct of
Hearing
Generally, oral hearings
are conducted in the course of arbitration. However, the arbitration tribunal
may examine the case and make an award on the basis of documents only at the
request of the parties or with their consent, and with the arbitration
tribunal's confirmation that oral hearings are unnecessary, or in case of
Summary Procedure.
b. Date of
Hearing
The date of oral hearing shall
be fixed by the arbitration tribunal after consultation with the Secretariat of
the Arbitration Commission, and shall be communicated to the parties 20 days (in
foreign-related cases) or 15 days (in domestic cases) before the date of the
hearing so that they may have sufficient time to make necessary arrangements.
However, the notice of the date of hearing subsequent to the first hearing is
not subject to the 20-day or 15-day time limit.
A party having justified
reasons may communicate his request to the Secretariat of the Arbitration
Commission for a postponement of the date of the hearing 10 days (in
foreign-related cases) or 7 days (in domestic cases) before the date of the
hearing. The arbitration tribunal shall decide whether or not to postpone the
hearing.
c. Place of Hearing
Where the parties have agreed on the
place of arbitration in writing, the agreement made by the parties shall
prevail. Where the parties have not agreed on the place of arbitration, the
place of arbitration shall be the office of the CIETAC or its Sub-Commission.
The arbitration award shall be deemed as being made at the place of
arbitration.
Where the parties have agreed on the place of oral
hearings, the case shall be heard at that agreed place except for circumstances
stipulated in Paragraph 3 of Article 69 of these Rules. Unless the parties agree
otherwise, a case accepted by the CIETAC shall be heard in Beijing, or if the
arbitration tribunal considers it necessary, at other places with the approval
of the Secretary-General of the CIETAC. A case accepted by a Sub-Commission of
the CIETAC shall be heard at the place where the Sub-Commission is located, or
if the arbitration tribunal considers it necessary, at other places with the
approval of the Secretary-General of the Sub-Commission.
d. Hearing
by Default
The parties shall send their
representative(s) or authorized agent(s) to attend the hearing. If the
respondent fails to appear at an oral hearing without showing sufficient cause
for such failure, the arbitration tribunal may proceed with the hearing and make
an award by default. If the claimant fails to appear at an oral hearing without
showing sufficient cause for such failure, the claimant may be deemed to have
withdrawn the Request for Arbitration.
(5)
Evidence
There are seven types of
evidence: real evidence, written-documentary evidence, parties statements,
witnesses testimony, photographs, video-audio tapes, expert's report, and
investigation-reconnaissance records. All evidences cannot be invoked as the
basis for making decision until they are proved to be true.
The claimant and the
respondent shall produce evidence for the facts on which their claim, defense or
counterclaims are based. The arbitration tribunal may undertake investigation
and collect evidence on its own initiatives, if it deems it necessary. If the
arbitration tribunal investigates and collects evidence on its own initiative,
it shall timely inform the parties to be present on the spot if it deems it
necessary. Should one party or both parties fail to appear on the spot, the
investigation and collection of evidence shall by no means be affected.
The arbitration tribunal may
consult an expert or appoint an appraiser for the clarification of special
questions relating to the case. And the parties are obliged to submit or produce
to the expert or appraiser any materials, documents, properties or goods related
to the case for check-up, inspection or appraisal. The parties may engage
experts to be present at the hearing to make witness on its own initiative.
The adoption of any evidence,
including the evidence submitted by the parities and the expert's report and the
appraiser's report shall be decided by the arbitration tribunal after
examination. And the arbitration tribunal has the right to make decision on the
relevance, importance and effectiveness of evidence.
(6) Protective
measures
In order to ensure the smooth
process of the arbitration procedures, the fair hearing of cases and effective
performance of the award, parties concerned have the right to apply for the
protection of property and evidence.
When a party applies for
measures of protection of property and/or evidence, the party
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