These Provisions are formulated in accordance with relevant laws and with reference to judicial interpretations by taking into account arbitration actualities, and with a view to regulating the burden of proof, cross-examination and evidence determination in connection with arbitration cases.
I. Burden of Proof and Requirements
Article 1　A party concerned shall furnish evidence to support its claim.
In filing an arbitration application or an application for counter-claim, a party concerned shall attach evidentiary materials meeting the application requirements thereto.
Article 2　A party concerned shall furnish evidence to prove the facts on which its claim or defense is based. In the absence of such evidence or insufficiency of the same, the party concerned shall bear the adverse consequence of arbitration.
Article 3　Where the burden of proof of the parties concerned cannot be determined in accordance with law and these Provisions and with reference to relevant judicial interpretations, an arbitration tribunal shall distribute such burden of proof between the parties concerned in line with the principles of fairness, integrity and good faith, as well as the ability of the parties concerned.
Article 4　Where one party concerned admits the case facts stated by the other party concerned, the latter shall be exempted from such burden of proof.
Where a party concerned neither admits nor denies the case facts stated by the other party concerned and remains acquiescence after being questioned by an arbitration tribunal, it shall be deemed that such party concerned admits the facts so stated by the other party concerned.
Article 5　Where a party concerned entrusts an agent to participate in arbitration on its behalf, the admittance made by the agent within its power of attorney shall be deemed as is made by the party concerned. Where the party concerned at tribunal fails to deny any admittance made by its agent beyond its power of attorney, it shall be deemed as is made by the party concerned.
Article 6　Where a party withdraws its admittance upon consent from the other party or there is any evidence proving that such admittance is made under threat or there is any gross misunderstanding and inconsistency with the facts, the other party shall still have the burden of proof.
Article 7　A party concerned may be exempted from the burden of proof, under any of the following circumstances:
(1) well-known facts;
(2) natural laws and rules;
(3) any fact that can be deduced from laws, known facts or daily experience;
(4) any fact that has been ascertained by effective judgment made by any people's court;
(5) any fact that has been ascertained by a binding arbitration award rendered by any arbitration institution; and
(6) any fact that has been proved by valid notary documents.
In the case of Paragraphs (1), (3), (4), (5), and (6), where the other party concerned may furnish any evidence to the contrary, the party concerned may not be exempted from the burden of proof.
Article 8　Where the parties concerned shall furnish the original copy or item of any evidence, they may also furnish duplicates upon the permission of the arbitration tribunal after verification.
Any evidentiary documents furnished by the parties concerned in foreign languages shall be accompanied by Chinese translation.
Article 9　A party concerned shall classify and number the evidentiary documents so furnished, stating their source, content and objects of proof.
The TJAC shall issue a receipt for the evidentiary materials furnished by the parties concerned.
II. Evidence Collection by Arbitration Tribunal
Article 10　A party concerned with the burden of proof may apply to the arbitration tribunal for the collection of evidence relating to the dispute in the present case, under any of the following circumstances:
(1) archived materials preserved by national authorities that may not be obtained independently by the parties concerned;
(2) evidence involving State secrets and trade secrets; and
(3) other materials that the party concerned is unable to collect on their own due to objective reasons.
Where the arbitration tribunal is unable to collect evidence due to objective reasons, the party concerned with the burden of proof shall take the consequence of such inability.
Article 11　An application to the arbitration tribunal for the collection of evidence shall be filed by the party concerned in writing prior to the expiry of time limit for producing evidence , subject to the decision by the arbitration tribunal prior to the tribunal debate.
Article 12　The arbitration tribunal may collect evidence at its own discretion under any of the following circumstances:
(1) any fact that is related to national interests, public interests or the legitimate rights and interests of others; or
(2) procedural issues, including suspension of arbitration, termination of arbitration and recusal.
Where necessary, the arbitration tribunal may collect other evidence at its own discretion.
Where the collection of evidence by the arbitration tribunal in accordance with the provisions set forth in the preceding paragraph requires presence of the parties concerned, the arbitration tribunal may inform the parties concerned. The absence of a party concerned or both parties concerned will not impede the collection of evidence by the arbitration tribunal.
Article 13　The arbitration tribunal shall collect the original copies or items of evidence. Where difficulty is encountered, the arbitration tribunal may collect the duplicates, reproductions or photos of the same.
When collecting duplicates, reproductions or photos in accordance with the preceding paragraph, the arbitration tribunal shall record such collection in the transcripts.
III. Appraisal and Examination on Appraisal Opinions
Article 14　In applying for an appraisal, the parties concerned shall file a written application within the time limit for evidence adduction or time limit specified by the arbitration tribunal. The arbitration tribunal shall determine the appraisal scope according to the actualities of cases.
Article 15　Where both parties concerned fail to apply for an appraisal, but an arbitration tribunal believes the appraisal is necessary, it shall explain the influence of the appraisal on fact finding and the consequence of non-payment of appraisal fees in advance, and determine the pre-payer of such appraisal fees.
Where both parties concerned fail to apply for an appraisal, but the arbitration tribunal believes the appraisal is necessary, it may specify the time limit for applying for an appraisal prior to the tribunal debate.
Where the party concerned having the burden of proof in terms of issues to be appraised fails to apply for an appraisal within the time limit for evidence adduction or time limit specified by the arbitration tribunal, or fails to pay the appraisal fees in advance or fails to submit relevant materials, thus causing relevant facts of dispute fail to be determined, such party concerned shall be liable for the consequence of the failure of burden of proof.
For the purpose of Paragraph 1 hereof, the pre-payer of the appraisal fees means the party concerned who has the burden of proof concerning the appraisal issues.
Article 16　Where the party concerned applies for an appraisal, but an arbitration tribunal believes it is not necessary, the arbitration tribunal shall inform both parties concerned of its reason. Where the arbitration tribunal believes it is necessary, it shall also inform both parties concerned and request them to select an appraisal institution within the specified time limit.
Article 17　An arbitration tribunal may not approve an appraisal, if:
(1) it falls beyond the hearing scope of the present case;
(2) the facts in respect of it can be ascertained by other evidence;
(3) it is not the dispute focus of the present case, and the non-appraisal will not affect the fair resolution of the cases; and
(4) if falls under other circumstances under which the appraisal is not necessary.
Article 18　Where it is hard to determine the issues related to the appraisal, an arbitration tribunal may apply to the TJAC for expert consultation.
The application for expert consultation shall be subject to the provisions set forth in the Provisional Measures of the Tianjin Arbitration Commission for Expert Consultation on Arbitration Cases formulated by the TJAC.
Article 19　Where an arbitration tribunal approves of the applicant's appraisal application, or where a party concerned fails to apply for an appraisal but the arbitration tribunal believes it is necessary, the parties concerned shall select 1 (one) appraisal institution within the time limit specified by the arbitration tribunal through negotiation.
Where the negotiation fails, each party concerned may select 1 (one) appraisal institution as a candidate.
Where the candidate appraisal institutions selected by each party concerned are not the same or where a party concerned authorizes the arbitration tribunal to make appointment, the arbitration tribunal shall appoint the appraisal institution beyond the candidates.
Where the appraisal institution selected by the parties concerned or appointed by the arbitration tribunal cannot accept the selection/appointment for a justified cause, a new appraisal institution shall be selected or appointed in accordance with the preceding paragraph.
Article 20　Under any of the following circumstances, the appraisal institution or appraiser shall recuse:
(1) The appraisal institution or appraiser falls under the recusal circumstances as set forth by the Provisional Arbitration Rules of the Tianjin Arbitration Commission;
(2) The appraisal institution or appraiser has provided any party concerned with the appraisal or consultancy service in respect of the appraisal issues in the present case or other appraisal issues relating to the present case;
(3) The appraisal institution or appraiser has acted as an agent or witness or provided consultancy service in any case closely related to the present one; or
(4) The appraisal institution or appraiser falls under other circumstances that may affect a fair appraisal.
Where the appraisal institution selected by the parties concerned or appointed by the arbitration tribunal cannot accept the selection/appointment for a justified cause, including recusal, a new appraisal institution shall be selected or appointed in accordance with Articles 19 and 20.
Article 21　After the selection of an appraisal institution, the TJAC will issue an appraisal engagement to the appraisal institution.
Article 22　The appraisal applicant or the pre-payer of appraisal fees specified by an arbitration tribunal shall pay such fees in advance within the time limit prescribed by the arbitration tribunal;
otherwise the appraisal procedures shall terminate.
Article 23　Where an appraisal institution propose to increase the appraisal fees with justified reasons in the process of appraisal procedures, the appraisal applicant or the pre-payer of appraisal fees specified by an arbitration tribunal shall pay such increased fees in advance within the time limit prescribed by the arbitration tribunal;
otherwise the appraisal procedures shall terminate.
Article 24　An arbitration tribunal shall examine whether the charge of an appraisal institution complies with relevant provisions.
Article 25　A party concerned shall submit appraisal materials within the time limit specified by an arbitration tribunal to its satisfaction.
Where it is difficult for a party concerned to submit the appraisal materials within such time limit, it shall apply to the arbitration tribunal for the postponement of such submission within the said time limit, subject to the approval by the arbitration tribunal.
Where a party concerned fails to submit the same within the said time limit without justified reason, the party concerned with the burden of proof shall be liable for the failure of burden of proof. Where there is any evidence proving that the appraisal materials shall be solely held by the other party concerned, the arbitration tribunal shall determine the facts in accordance with these Provisions and inform the appraisal institution of the same.
Article 26　After the receipt of appraisal materials submitted by the parties concerned, an arbitration tribunal shall produce the list of received documents to the parties concerned.
Article 27　An arbitration tribunal shall examine the authenticity and legality of the appraisal materials.
Where necessary, the arbitration tribunal may organize the parties concerned to conduct a cross-examination on the authenticity and legality of the appraisal materials.
Article 28　The addition of appraisal materials as required by an appraisal institution according to the actualities shall be governed by the provisions set forth in Articles 26 to 28 hereof.
Article 29　Where the parties concerned fail to submit those materials necessary for the appraisal or that the appraisal materials so submitted cannot meet the appraisal requirements, the appraisal procedure shall terminate.
Article 30　Where a party concerned adds or withdraws partial arbitration claims or settle partial arbitration claims during an appraisal that requires change to the appraisal issues, the arbitration tribunal shall promptly decide and inform the appraisal institution of the same.
In the case of an increase in the appraisal fees due to any change in the appraisal issues, the appraisal applicant or the pre-payer of appraisal fees specified by an arbitration tribunal shall pay such increased fees in advance within the time limit prescribed by the arbitration tribunal;
otherwise the appraisal procedures shall terminate.
Article 31　Where a party concerned withdraws all arbitration claims or reaches a settlement or mediation agreement on all arbitration claims during the appraisal procedures, the arbitration tribunal shall promptly inform the appraisal institution of the termination of the appraisal procedures.
Article 32　Upon the termination of the appraisal procedures, an appraisal institution shall, at its discretion, return relevant appraisal fees on the basis of reasons, liabilities and actually performed appraisal.
The dispute between the parties concerned and the appraisal institution over the refund amount shall be decided by the arbitration tribunal.
Upon the termination of an appraisal procedure on account of a settlement or mediation agreement reached by the parties concerned, the responsibility for the actually incurred appraisal fees shall be decided by the arbitration tribunal, if both parties concerned fail to reach an agreement through negotiation.
Upon the termination of appraisal procedures on account of withdrawal of an appraisal application by the parties concerned or withdrawal of the arbitration application by conclusion of any settlement or mediation agreement, which results in the termination of the appraisal procedures, the actually incurred appraisal fees shall be borne by the appraisal applicant or arbitration claimant, should both parties fail to reach an agreement through negotiation.
Article 33　An arbitration tribunal shall examine whether the appraisal opinions contain the following content:
(1) Names of the principal and the client;
(2) Issues entrusted for appraisal;
(3) Materials entrusted for appraisal;
(4) Basis of appraisal and scientific and technical means used;
(5) Explanation of the appraisal process;
(6) Specific appraisal opinions;
(7) Qualification of the appraisal institution and a qualification description of the appraiser; and
(8) Signatures and seals of the appraiser and appraisal institution.
Where the appraisal opinion complies with the requirements set forth in the preceding paragraph, the arbitration tribunal shall serve the counterparts of the same to the parties concerned and require both parties concerned to make their written opinions on the appraisal opinions within the specified time limit. Where the appraisal opinion fails to comply with the requirements, the arbitration tribunal shall require the appraisal institution to rectify or supplement within the specified time limit.
Article 34　An arbitration tribunal shall organize both parties concerned to undergo a cross-examination on the appraisal opinions.
Where the appraisal institution produces supplementary opinions or new appraisal opinions, the arbitration tribunal shall re-organize both parties concerned to undergo a cross-examination.
Article 35　Where the parties concerned oppose the appraisal opinions or an arbitration tribunal believes that the appraiser shall present at the tribunal, the appraiser shall present himself/herself at the tribunal and answer the questions raised by the arbitration tribunal or the parties concerned in the appraisal opinion. Where the appraiser refuses to be present upon the TJAC's notification, the appraisal opinions shall not serve as the basis for fact finding. Where the appraisal opinions are not admitted on account of the appraiser's non-presence, the appraisal institution shall return the appraisal fees in full amount.
Where the arbitration tribunal admits the appraisal opinions, the reasons for doing so shall be stated in the award.
All fees reasonably incurred by the appraiser for his/her presence shall be prepaid by the appraisal applicant.
Article 36　Under any of the following circumstances, an appraisal institution shall produce the supplementary opinions within the time limit specified by the arbitration tribunal:
(1) Addition of new appraisal issues;
(2) Omission of entrusted appraisal issues;
(3) Omission of appraisal issues;
(4) Submission of new appraisal materials by a party concerned upon the approval of both parties concerned or the arbitration tribunal; and
(5) Other circumstances under which supplementary opinions shall be made.
In the case of an increase in the appraisal fees due to any circumstances referred to in Subparagraphs (1), (2) and (4) of the preceding paragraph, the appraisal applicant or the pre-payer of appraisal fees specified by an arbitration tribunal shall pay the appraisal fees for such supplementary appraisal within the time limit prescribed by the arbitration tribunal,
otherwise the supplementary appraisal procedures shall terminate.
Article 37　Where the appraisal opinions fall under any of the following circumstances, the parties concerned may apply for a new appraisal:
(1) The appraisal institution or appraiser has no appraisal competence or qualification on relevant appraisal issues;
(2) The appraisal procedure is illegal;
(3) The appraisal opinions hold no ground; or
(4) The appraisal opinions cannot serve as evidence as is determined after cross-examination.
Where the defected appraisal opinions can be corrected by a supplementary appraisal, the second cross-examination or a supplementary cross-examination, no new appraisal shall be required.
Where the arbitration tribunal approves the parties concerned to file a new appraisal application, a new appraisal institution may be selected or appointed.
Article 38　Where the other party concerned opposes to the appraisal opinions produced by the appraisal institution entrusted by a party concerned, application for a new appraisal may be filed.
The procedure for a new appraisal shall be governed by the provisions hereof concerning appraisals.
IV. Time Limit for Evidence Adduction and Evidence Exchange
Article 39　Where a time limit for evidence adduction is specified by the TJAC, the time limit shall not be shorter than 5 (five) days.
Where necessary, the arbitration tribunal may specify the time limit for evidence adduction.
The parties concerned may determine the said time limit through negotiation, which shall be subject to the acknowledgment of the TJAC or the arbitration tribunal.
Article 40　Where it is difficult to produce evidentiary materials within the time limit for evidence adduction, an application for postponement of evidence adduction may be made, which shall be subject to the approval of the arbitration tribunal.
In applying for the said postponement, the party concerned shall state the causes for such postponement and titles of the evidence to be furnished.
Where the said postponement is allowed by the arbitration tribunal, it shall not be more than twice.
Article 41　The parties concerned shall furnish evidentiary materials within the time limit for evidence adduction, otherwise it shall be deemed that the right of adducing evidence is waived, unless otherwise agreed by the parties concerned for cross-examination.
Where the arbitration tribunal believes that the non-acceptance of the evidentiary materials furnished by the parties concerned after the deadline will likely cause obvious unfairness to the award, it may accept such evidence.
Where a party concerned furnishes evidence after the deadline and the arbitration tribunal accepts the same, the other party concerned may, within 7 (seven) days after the acceptance by the arbitration tribunal, furnish rebuttal evidence or counter-evidence.
Article 42　Where a party concerned adds or changes arbitration claims or makes a counter-claim, the arbitration tribunal shall specify a new time limit for evidence adduction.
Article 43　The arbitration tribunal may organize evidence exchange at tribunal upon the request of the parties concerned or at its own discretion.
The time of exchange shall be negotiated by the parties concerned or determined by the arbitration tribunal.
The evidence exchange shall not be conducted for more than twice and the last evidence exchange date shall be the expiry date of time limit for evidence adduction.
Article 44　Evidence exchange shall be presided over by the presiding arbitrator, sole arbitrator, or arbitration tribunal secretary authorized by such arbitration tribunal, and the following tasks shall also be performed concurrently:
(1) Recording facts and evidence without objection on file;
(2) Recording evidence with objection and reasons therefor on file; and
(3) Determining the dispute focus of the parties concerned.
V. Cross-Examination
Article 45　Evidence shall be produced at a session for cross-examination by the parties concerned. Where the case is not heard in an open session, the evidence shall be cross-examined by the parties concerned in writing.
Upon the explanation of the arbitration tribunal, no cross-examination is required for the evidence admitted by the parties concerned in evidence exchange.
Article 46　Where the arbitration tribunal accepts any evidentiary materials furnished by the parties concerned in accordance with Article 42 hereof after the deadline, the arbitration tribunal shall open a session for cross-examination. The arbitration tribunal may permit the application for the postponement of cross-examination filed by the parties concerned.
Where a case is not heard at a session, the other party concerned may be required to submit its written opinions on the cross-examination within a time limit.
Article 47　A party concerned may require the other party concerned to produce the original copies or items of evidence, except that:
(1) it is difficult to produce such original copies or items and the presentation of duplicates or reproductions thereof is allowed by the arbitration tribunal; and
(2) the original copies or items are not available, but there is evidence proving that the duplicates or reproductions coincide with the original copies or items.
Article 48　The parties concerned shall question, explain and debate the authenticity, association, legality and probative force of the evidentiary materials.
Article 49　The cross-examination shall be conducted in the following sequence:
(1) The claimant produces evidence, which shall be cross-examined by the respondent;
(2) The respondent produces evidence, which shall be cross-examined by the claimant;
(3) The evidence collected by the arbitration tribunal at the request of a party concerned shall be cross-examined by the other party concerned; and
(4) The evidence collected by the arbitration tribunal within its authority shall be cross-examined by both parties concerned.
In the case of two or more independent arbitration claims in one case, the evidence may be cross-examined by both parties in the filing sequence.
Article 50　Where a party concerned applies for a witness to testify at tribunal, the application shall be filed prior to the expiry of the time limit for evidence adduction and subject to the approval of the arbitration tribunal.
Article 51　Where a witness presents himself/herself at tribunal to testify, the witness’s qualification and relevant procedures shall be subject to and with reference to the provisions set forth in the Civil Procedure Law and relevant judicial interpretations.
VI. Determination of Evidence Examination
Article 52　An arbitration tribunal shall render an award based on the case facts that can be proved by evidence.
Article 53　An arbitration tribunal shall judge whether the evidentiary materials can serve as evidence and proof in accordance with law, in line with professional ethics and using logical reasoning and daily experience.
The arbitration tribunal shall state the reason for such judgment in its award.
Article 54　As for single evidentiary material, an arbitration tribunal shall examine and determine the following issues:
(1) Whether the evidence is the original copy or item or whether the duplicates and reproductions are the same as the original copy or item;
(2) Whether the evidence is related to the case facts;
(3) Whether the form and source of evidence are legal;
(4) Whether the evidence is authentic; and
(5) Whether the witness or evidence provider has a conflict of interest with the parties concerned.
Article 55　An arbitration tribunal shall comprehensively judge and examine the association between each item of evidence and case fact and among such evidence.
Article 56　The following evidence cannot serve to determine the case facts independently:
(1) Testimonies produced by any witness having interests in a party concerned or its agent or by any witness not summoned to produce testimony at session;
(2) Suspicious audio-visual materials; and
(3) Duplicates and reproductions that cannot be checked against the original copies and items.
Article 57　Where any of the following evidence furnished by a party concerned is opposed by the other party but the latter fails to furnish sufficient evidence to the contrary, such evidence shall be recognized:
(1) Original written evidence or duplicates, photos, counterparts and abstracts that accord with the original written evidence;
(2) Original material evidence, or duplicates, photos and video materials of the original material evidence verified to be true; and
(3) Audio-visual materials, or duplicates of audio-visual materials verified to be true, that have doubtlessly been legally obtained and are supported by other evidence.
Article 58　In the case of any appraisal opinions issued by any appraisal institution entrusted by the arbitration tribunal, it shall be deemed as capable of serving as evidence, should the parties concerned fail to furnish sufficient evidence to the contrary.
Article 59　In the case of any evidence furnished by a party concerned, it shall be deed as capable of serving as evidence, should the other party concerned admit the same or fail to furnish sufficient evidence to the contrary:
Where the other party opposes the evidence furnished by a party concerned and furnishes evidence to the contrary which is admitted by the party concerned, the evidence to the contrary may be admitted.
Article 60　Where both parties concerned furnish conflicting evidence on the same fact but have no sufficient evidence to deny the evidence of the other party, the arbitration tribunal shall judge the evidential power of such evidence and determine the more creditable evidence to serve as the basis for resolving the case.
Article 61　Facts against the parties concerned or admitted evidence as acknowledged by the parties concerned in their applications, written defenses, statements, and statements of their agents shall be admitted, except when the parties concerned regrets to acknowledging such facts and evidence or have sufficient evidence to the contrary to deny such facts and evidence.
Article 62　Where a party concerned has any evidence and refuse to furnish such evidence without justified reasons, it may be deduced that the claim made by the other party in terms of such evidence holds ground.
Article 63　The evidential power of several evidence on the same fact shall be determined by the arbitration tribunal in line with the following principles:
(1) In general, the evidential power of formal documentary evidence prepared by state authorities or social groups within their authority shall be greater than other documentary evidence;
(2) In general, the evidential power of material evidence, archives, appraisal conclusions, records of inspection or notarized or registered documentary evidence shall be greater than that of other documentary evidence, audio-visual materials and testimonies of witnesses;
(3) In general, the evidential power of documentary evidence shall be greater than that of the testimonies of witnesses;
(4) In general, the evidential power of original evidence shall be greater than that of hearsay evidence;
(5) In general, the evidential power of direct evidence shall be greater than that of indirect evidence; and
(6) In general, the evidential power of the testimonies of witnesses with a conflict of interest shall be less than that of other witnesses.
Article 64　An arbitration tribunal shall state the reason for adopting the evidence, except for evidence to which the parties concerned fail to oppose.
VII. Miscellaneous
Article 65　The limitations set forth in Article 40 hereof shall not apply to the cases to be heard through summary arbitration procedures and foreign-related cases.
Article 66　The parties concerned may apply for expert determination of professional issues involved in the present case.
The expert determination procedures of professional issues involved in the present case shall be subject to the Provisional Rules of the Tianjin Arbitration Commission on Expert Determination of Arbitration Cases.
Article 67　In the absence of any specific provisions in law or these Provisions, the case facts shall be determined either by generally accepted evidence theories or in accordance with evidence rules as agreed by both parties concerned.
Article 68　These Provisions shall be interpreted by the TJAC.
Article 69　In the case of any application for arbitration filed after the implementation hereof, these Provisions shall apply. Where the application for arbitration is filed prior to the implementation hereof, the then-effective evidence provisions shall apply. In the absence of specific provisions in the then-effective evidence provisions, relevant provisions hereof may apply.
Article 70　These Provisions shall come into force as from July 1, 2014.