发布时间：2022年11月22日
Revised and adopted at the first plenary conference of the second Tianjin Arbitration Commission
on the 29th day of May 2014
Chapter I General Provisions
Article 1
These Rules are laid down by Tianjin Arbitration Commission (hereinafter referred to as “TAC”) in accordance with Arbitration Law of the People’s Republic of China (hereinafter referred to as “Arbitration Law”) to ensure impartial and timely arbitration over economic disputes and protect the lawful rights and interests of the parties.
Article 2
TAC settles by arbitration contract disputes and other property-related rights and interests of natural persons, legal persons and other entities with equal legal status.
TAC will not accept the following disputes:
a.Disputes over marriage, adoption, guardianship, parenting and succession;
b.Administrative disputes which shall be settled by competent authorities by law;
c.Labor disputes and disputes over agricultural production contracts by and between economic organizations under agricultural collectives.
Article 3
TAC accepts a request for arbitration without territorial and/or national limit.
Where the parties refer their dispute to TAC for arbitration, these Rules shall apply for arbitration proceedings.
Where the parties agree to refer their dispute to TAC for arbitration but have agreed on the application of other arbitration rules, the parties ’ agreement shall prevail unless such agreement is inoperative or in conflict with any mandatory provision of the law applicable to the arbitration proceedings.
Article 4
TAC branches and other affiliations shall be integral part of TAC.
Article 5
Arbitration proceedings shall be conducted by TAC in an independent, timely, impartial and reasonable manner based on facts and in compliance with applicable laws, and with reference to business rules and judicial interpretations.
TAC respects the wills of the parties.
The arbitral award by TAC shall be final and binding.
Article 6
In arbitration proceedings, the principle of good faith shall be followed.
Chapter II Request and Acceptance
Article 7
For the purpose of request for arbitration, the following requirements shall be satisfied:
7.1 that has an arbitration agreement;
7.2 that has specific claims for arbitration, facts and reasons;
7.3 that has specific respondent, and;
7.4 whose disputed matters fall within TAC scope of arbitration.
Article 8
For the purpose of request for arbitration, the following shall be submitted:
8.1 request for arbitration;
8.2 arbitration agreement;
8.3 document evidencing qualification of the parties, and
8.4 documentary evidence for claims.
Article 9
An arbitration agreement shall contain arbitration clauses agreed upon by the parties in a contract or in a written agreement by the parties before or after the dispute arises by which any dispute shall be submitted for settlement by arbitration.
The written agreement mentioned in the preceding paragraph shall include such forms as contracts, correspondence, and data message such as telegram, telex, telefax, electronic data interchange, and email.
Article 10
An arbitration agreement shall contain the following:
10.1 expression of intents for arbitration request;
10.2 matters for arbitration, and
10.3 that TAC is selected.
Article 11
Where the parties have no arbitration agreement but one party invites via TAC the other party to settle the dispute by arbitration for which a letter of invitation for arbitration has been signed by such party, TAC will, within two (2) days from the date of receipt thereof, address to the other party such letter of invitation for arbitration and these Rules.
Where the other party agrees on arbitration, TAC will notify both parties to enter into an arbitration agreement.
Should the other party fail to prepare Statement of Defense within ten (10) days after receipt of such letter of invitation, such party will be deemed to have rejected such invitation.
Article 12
TAC shall have the right to determine the effect of an arbitration agreement.
An arbitration agreement shall be in independent existence. Nothing may adversely affect the effect of an arbitration agreement even if a contract is not formed, fails to take effect, is rescinded, modified, released, terminated, or invalid and ineffective.
An arbitration agreement inaccurate in content but not discrepant in logic shall be valid and effective.
Article 13
Within three (3) days after receipt of Request for Arbitration and written documents, TAC shall accept it if it is satisfied that requirements have been met for acceptance, otherwise TAC shall notify the party in writing thereof, stating its reasons, if TAC is not satisfied that requirements have been met for acceptance or if TAC considers it necessary to supplement materials .
Where supplementary materials are required, items to be supplemented shall be specified in the written notification.
Article 14
Within two (2) days after acceptance of the Request for Arbitration, TAC shall communicate to the Claimant the notice of acceptance with a copy of these Rules and TAC Panel of Arbitrators, and shall communicate to the Respondent the Request for Arbitration and the Notice of Defense with a copy of these Rules and TAC Panel of Arbitrators.
Article 15
Upon receipt of the Notice of Defense, the Respondent shall submit the Statement of Defense within ten (10) days. At the request of the Respondent and as deemed justifiable by TAC, such term may be extended, provided however that it may not exceed a term of fifteen (15) days.
TAC shall, within two (2) days after receipt of the Statement of Defense, communicate the copy thereof to the Claimant.
Failure by the Respondent to submit such Statement of Defense will not hinder the arbitration proceedings.
Article 16
Should any party challenge the legal effect of the arbitration agreement, such party shall challenge in writing prior to the first hearing by the Arbitral Tribunal.
Where the parties have agreed not to hold verbal hearings, challenge to the effect of an arbitration agreement shall be made in writing prior to the first hearing by the Tribunal, unless defense has been conducted for substantive questions otherwise.
Article 17
Where any of the parties challenges the effect of an arbitration agreement, TAC may communicate the challenge to the other party for opinions before making a decision, or may determine in its own discretion.
TAC shall notify the parties of its decision made on challenge to the effect of the arbitration agreement. If such challenge is established, TAC shall decide to dismiss the request for arbitration. Should such challenge be unfounded, TAC shall decide to dismiss the request for challenge.
Article 18
Should any party claim any requested matter exceeds the scope of the contract or should such matter be a dispute not acceptable to TAC, such claim shall be filed prior to oral arguments in court. TAC may communicate the objection to the other party for an opinion before making any decision, or make a decision in its discretion. If such objection is established, TAC shall decide to dismiss the request for arbitration, Should such objection is unfounded, TAC shall decide to dismiss the request for objection. If the Tribunal finds the requested matter exceeds the scope of application for this contract, or the dispute should not be acceptable by Party TAC, it shall be decided by TAC.
Where the aforementioned objection by a party is unfounded by formal review, TAC may render an interim decision for dismissal of such objection. TAC shall decide on whether dismissal of the objection should be awarded after being ascertained by the Tribunal .
If the Tribunal finds the requested matter exceeds the scope of application for this contract, or not acceptable to Party TAC, it shall be decided by TAC.
Article 19
The Claimant may relinquish or modify Request for Arbitration. The Respondent may admit or rebut Request for Arbitration, shall have the right to file Counterclaim, or relinquish or modify such counterclaim.
Any of the parties who intends to modify Request for Arbitration, file or modify Counterclaim shall do the same in writing prior to oral arguments in arbitration proceedings.
Where TAC, within three (3) days after receipt of Statement of Claim for modification of Request for Arbitration, or for Counterclaim, finds it satisfies the requirements for acceptance, it shall accept the same; If TAC is not satisfied that the requirements are met for acceptance, it shall notify the parties in writing of its rejection and the reasons therefor.
TAC shall, within two (2) days after acceptance of Statement of Claim for modification of Request for Arbitration, or for counterclaim, communicate the above documents and Notice of Defense to the other party.
Respondent shall, within ten (10) days after receipt of Statement of Claim for modification of Request for Arbitration, or for Counterclaim and Notice of Defense, submit the Statement of Defense. Within the term of defense, at the request of any of the parties, the Tribunal may extend such term of defense appropriately as it deems justifiable.
Where any of the parties modifies facts of and reasons for Request for Arbitration or Counterclaim for Arbitration, Paragraph1, 3, 4, and 5 of this article shall apply.
Article 20
The Claimant may withdraw its Request for Arbitration and the Respondent may withdraw its Counterclaim for Arbitration.
Decision on withdrawal of Request for Arbitration or Counterclaim for Arbitration by any of the parties shall be rendered by TAC prior to composition of the Tribunal, and shall be rendered by the Tribunal after composition thereof.
Should any of the parties regret after withdrawal thereof, such party shall have the right to re-file Request for Arbitration.
Article 21
Where any of the parties file Request for Arbitration, or Request for Counterclaim, Statement of Defense, documentary evidence, and other documents, it shall prepare the same in five (5) copies. Where there are more than two (2) disputed parties, such copies shall be increased in number respectively. Where the Tribunal is composed of one arbitrator, then the number of such copies shall be decreased by two (2) accordingly.
TAC may require that Request for Arbitration, Statement of Defense, and list of evidence be provided by any of the parties in e-version.
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Article 22
Any of the parties shall, after acceptance of Request for Arbitration, Request for Counterclaim, or modification for claim, pay arbitration fee to TAC in advance under TAC Schedule of Arbitration Fees.
Article 23
The parties may be severally represented by two (2) authorized representatives for arbitration proceedings. In case of two (2) representatives, a chief representative shall be appointed. In case of any discrepancy between their opinions, the opinion by the chief representative shall prevail.
Representatives shall severally submit to TAC a power of attorney and identity documents. The power of attorney shall list matters to be empowered and the scope of power.
Should the scope of power for representatives be modified or the contractual relationship be dissolved, the party shall notify in writing thereof to the other party.
Article 24
A lawyer, a grassroots legal service provider, a close relative or employee of any of the parties, and any other natural person with full capacity for civil acts may be engaged as a representative in and for arbitration proceedings.
Article 25
Where any of the parties applies for property preservation or evidence protection, TAC shall transfer the same to competent People’s Court in accordance with applicable provisions of the Civil Procedural Law.
Chapter II Composition of Tribunal
Article 26
The Tribunal shall consist of three arbitrators or a sole arbitrator. Where the Tribunal is composed of three (3) arbitrators, a presiding arbitrator shall be established.
After acceptance of a case, TAC shall appoint one case manager or two to assist with procedural administration thereof.
Article 27
Upon receipt of Notice of Acceptance or Notice of Defense, the parties shall, within five (5) days thereafter, agree on composition of the Tribunal and finish selection of arbitrators. Should arbitrators fail to be agreed upon or selected within the specified term, TAC Chairman shall decide and appoint the same.
Article 28
Where the parties agree that the Tribunal shall consist of three (3) arbitrators, the parties shall severally select, or authorize TAC Chairman to appoint, one arbitrator from TAC Panel of Arbitrators, and select one to five arbitrators therefrom as candidates for the presiding arbitrator.
The presiding arbitrator shall be
28.1 the one who is the only candidate for presiding arbitrator;
28.2 the one appointed by TAC Chairman in order or on the basis of specific circumstance from the same two or more presiding arbitrator candidates;
28.3 the one appointed by TAC Chairman from arbitrators other than the said presiding arbitrator candidates, should the parties fail to select one arbitrator jointly, or should the arbitrator appointed by TAC Chairman so authorized by one party or jointly selected by the parties be unable to act as presiding arbitrator.
Where the Tribunal is composed of one arbitrator as agreed upon by the parties or as provided for herein, the preceding paragraph shall apply.
Article 29
In case one party has two or more persons, such party shall jointly select, or authorize TAC Chairman to appoint, one arbitrator. Unless otherwise specified herein, should the arbitrator fail to be selected or appointed as provided for herein within the specific term, such arbitrator shall be appointed by TAC Chairman from Panel of Arbitrators not selected by the parties.
Article 30
The parties may select an ad hoc arbitrator beyond TAC Panel of Arbitrators as agreed upon by them through consultations.
The parties having selected the ad hoc arbitrator shall forward to TAC the particulars of such proposed arbitrator. If such arbitrator satisfies provisions hereof, TAC Chairman shall give consent. Should such arbitrator fail to satisfy provisions hereof, the parties shall re-select the same.
Article 31
Where the arbitrator so selected resides or works outside Tianjin, the parties shall pay reasonable fees to such arbitrator for travel and accommodation incurred by such arbitrator for the proceedings. In case of failure by any of the parties to make such payment, such party will be deemed not to have selected an arbitrator, then an arbitrator shall be appointed by TAC Chairman.
Article 32
After composition of the Tribunal , TAC shall notify the parties in writing of composition of the Tribunal.
Article 33
In case of one of the following, an arbitrator must withdraw from appointment, and any of the parties shall have the right to challenge him:
33.1 where he is a party to this case, or a close relative of any of the parties or representatives;
33.2 where he has any interest in this case;
33.3 where he has any other relationship with any of the parties or representatives that may adversely affect impartial arbitration;
33.4 where he interviews without disclosure thereof, or take any bribe from, any of the parties or representatives.
“Any other relationship” contained herein means the relationship in which:
33.4 he has provided prior consulting to the party;
33.5 he is legal consultant or any other consultant of the party, or within two (2) years after resolution of such relationship with such party as legal consultant, any other consultant or representative; and
33.6 he works for the same employer with any of the parties or representative, or within two (2) years after he has ceased employment with the same employer.
To challenge a case manager, translator or interpreter, or appraiser, Paragraph 2 and Paragraph 3 hereof shall be applicable and be taken as reference.
Article 34
If any of the parties challenges an arbitrator, such party shall file a written request in advance of the first hearing, stating the reasons for such challenge. Where the reason for challenge remains unknown until the first hearing, such request may be filed prior to the closure of the last hearing.
Article 35
Release of an arbitrator, case manager, translator or interpreter and appraiser from appointment shall be determined by TAC Chairman. Where TAC Chairman is an arbitrator in such case, determination of such release shall rest on the conference of TAC members.
Any and all persons so challenged shall suspend functions in the proceedings during the pendency of the challenge.
Article 36
In case of one of the following, the arbitrator shall be replaced by TAC:
36.1 Where arbitrator’s duty and responsibility should be adversely affected by a business trip, overseas travel, or illness;
36.2 where any of the parties should challenge him to withdraw from arbitration proceedings;
36.3 where the duties and responsibility should not be performed under applicable laws and these Rules.
Article 37
Should any arbitrator be released from the Tribunal due to challenge, replacement or any other reason, selection or appointment shall be made under these Rules for a new arbitrator.
After selection or appointment of a new arbitrator, the parties may request resumption of the arbitration proceedings, to be determined by the Tribunal, which may, in its sole discretion, determine whether to proceed with the arbitration proceedings.
Chapter IV Hearings and Awards
Article 38
The Tribunal shall hold a verbal hearing or hearings for a case, except document-only arbitration so agreed upon by the parties.
In case of document-only arbitration, the Tribunal shall render an award based on Request for Arbitration, Statement of Defense and documentary evidence, if any.
Article 39
All arbitration hearings shall be held in private. An open-door hearing may be held if so agreed upon by the parties, except however circumstance that involves national secret.
Article 40
Hearings shall be held in a place where TAC, any of TAC branches or affiliations is domiciled. Where the parties have otherwise agreed upon the place of hearings, hearings may be held in the agreed place with prior consent of TAC, any of TAC branches or affiliations, at additional cost of such parties incurred thereby.
Article 41
The Tribunal shall, within seven (7) days prior to the first hearing, notify in writing of the date and place of hearings to the parties and their participants respectively.
Any of the parties requesting first hearing be held in advance or delayed shall propose the same in writing three (3) days in advance of such hearing, to be determined by the Tribunal.
Notification of the date and place of the hearing after the first hearing or for delayed hearing so determined by the Tribunal will not be confined to the seven-day term and the written form.
Article 42
If the Claimant fails to appear at a verbal hearing or withdraws from an on-going verbal hearing without permission of the Tribunal, with due notification but without showing good cause, the Claimant will be deemed to have withdrawn Request for Arbitration. If the Respondent has filed a counterclaim, the Tribunal shall proceed with hearing of such counterclaim by default and render an award.
If the Respondent fails to appear at a verbal hearing or withdraws from an on-going verbal hearing without permission of the Tribunal, with due notification but without showing good cause, the Tribunal may proceed with the arbitration hearing by default and render an award. If the Respondent has filed a counterclaim, the Respondent may be deemed to have withdrawn its counterclaim.
Article 43
In arbitration proceedings, should fact-based determination by the Tribunal be found inconsistent with the nature of the legal relationship claimed by the parties or effect of a civil act, the Tribunal may conduct legal interpretations.
Article 44
Two or more cases whose subject matter turn out the same and whose Claimant and Respondent turn out the same may be consolidated for arbitration proceedings by the same Tribunal.
Article 45
The Tribunal holding that Request for Arbitration does not satisfy requirements for acceptance shall submit the same to TAC for final determination.
Article 46
In arbitration proceedings, the parties shall have the right to argue orally. At the closure of such argument, the presiding arbitrator or sole arbitrator shall solicit final opinions from each of the parties.
Article 47
In the occurrence of one of the following, arbitration proceedings shall suspend:
47.1 where any of the parties should decease, pending his heir to proceed with the arbitration proceedings;
47.2 where termination should occur to any of the parties for whom no successor has been established for rights and duties;
47.3 where any of the parties should be unable to participate in arbitration proceedings in the emergence of any force majeure event;
47.4 where arbitration must be based upon the result of another case whilst such other case is pending;
47.5 any other event that arbitration proceedings shall be suspended.
Suspension of arbitration proceedings shall be determined by TAC, who shall decide to proceed with the arbitration proceedings as soon as the reason for such suspension disappears.
Article 48
Should arbitration proceeding fail to proceed and the parties fail to apply for term of extension upon one-year expiration of such suspension, the arbitration proceedings shall be closed.
The parties applying for extension of such term of suspension shall file the same in writing within one (1) month prior to expiration of such term specified in the preceding paragraph, to be determined by TAC.
After closure of arbitration proceedings, TAC will not accept any request for arbitration by the same parties for the same application.
Article 49
Case manager shall keep in record the happenings in verbal hearings.
The record shall be signed or sealed by the parties, their representatives, other participants, arbitrators and case manager.
Any of the parties, representatives and other participants thinking anything omitted or wrong in the record shall have the right to apply for correction. In case of disagreement by the Tribunal on correction, case manager shall record such application.
The Tribunal may record or video the verbal hearings.
None of records, recordings and videos with TAC may be open to public.
Article 50
With Tribunal’s prior consent, the parties may, jointly or separately, request one expert with specialized knowledge or two to appear at verbal hearings, explaining on specific matter, at the cost of such party or parties.
Arbitrators and the parties may inquire such expert or experts with specialized knowledge.
With Tribunal’s permission, such expert may orally argue on relevant matters of the dispute, and may inquire the appraiser.
Article 51
For any specific matter of the dispute, the parties may request an expert for determination thereof.
Interim Rules of Tianjin Arbitration Commission for Expert Determination of Arbitration Cases shall apply for procedures for expert determination of specific matters.
Article 52
An arbitral award shall be rendered within four (4) months after composition of the Tribunal.
Where the Tribunal applies for delayed rendition of an award, the presiding arbitrator or the sole arbitrator shall propose to TAC the same in writing within twenty (20) days prior to expiration of the preceding paragraph. Such term may be extended for such time as deemed necessary with the approval of TAC Chairman.
The term of hearing referred to in paragraph 1 hereof shall exclude such terms as for announcement, determination, legal effect of arbitration agreement, appraisal and voluntary settlement or extension for hearing so requested by the parties.
Article 53
An award shall be rendered based on the opinion of the majority of arbitrators. Should the Tribunal fail to form majority opinion, the award shall be rendered subject to the opinion of the presiding arbitrator.
Article 54
The arbitral award shall be signed by arbitrators or the sole arbitrator and case manager and be affixed with TAC seal.
Any arbitrator holding dissenting opinion on the award may sign, or does not have to sign, the original of the award.
Any arbitrator holding dissenting opinion on the award may apply to express such dissenting opinion in the award, to be decided by the Tribunal.
Where the parties have agreed not to contain disputed facts and grounds in the award, such facts and grounds will not be included therein.
The arbitral award shall enter into force and effect from the date of rendition of such award.
Article 55
A preliminary award may be so rendered on and for the part of dispute whose facts are established prior to a final award as deemed necessary by the Tribunal. Failure by any of the parties to perform such preliminary award will not affect the ongoing arbitration proceedings.
The parties may request a preliminary award by the Tribunal on and for the part of dispute whose facts are established.
A preliminary award constitutes integral part of the final award, which shall take legal effect.
Article 56
Where the parties have reached settlement, they may request the Tribunal to render an award on the basis of the settlement agreement, or withdraw Request for Arbitration.
Where the Tribunal has rendered an award, it shall conduct review on legality of the settlement agreement.
Article 57
The Tribunal may conduct mediation before rendering an award. Where the parties are voluntary for mediation, the Tribunal shall conduct mediation. Should mediation fail, the Tribunal shall render an award in a timely manner.
Where an agreement is reached by mediation, the Tribunal shall prepare a mediation statement, or an arbitral award based on such agreement.
Where mediation should fail and the parties invoke any statement of the parties in mediation, or any opinion, view and suggestion of the Tribunal as grounds for any claim, defense or counterclaim, it will not be affirmed by the Tribunal.
Article 58
Based on the agreement by or with consent of the parties, the Tribunal may propose a plan for settlement of the disputed matter.
If the parties accept the plan, the Tribunal may prepare a mediation statement, or prepare an arbitral award so requested by the parties.
Article 59
The mediation statement or the arbitral award shall clearly state the request for arbitration and the agreement of the parties and shall be signed by arbitrators or the sole arbitrator and sealed thereby before being served to the parties.
The mediation statement shall enter into force and effect upon receipt by the parties.
Should any of the parties regret prior to receipt thereby, the Tribunal shall render an arbitral award in a timely manner.
Article 60
In case of one of the following, a decision shall be made by TAC on:
60.1 determination on whether arbitration agreement is valid and effective;
60.2 decision on whether an arbitrator shall withdraw from such appointment;
60.3 suspension, resumption or termination of arbitration proceedings;
60.4 extension of the term of suspension;
60.5 dismissal upon request for arbitration;
60.6 any other matter.
The decision shall take legal effect as of the date of making such decision.
Article 61
Where TAC finds through investigations the dispute by the parties is falsified in fact and malicious in collusion, attempting to impair lawful rights and interests of the state, any collectives or other party by arbitration, the request for arbitration shall be dismissed.
Where the Tribunal finds the dispute in arbitration proceedings is the same as specified in the preceding paragraph whose request for arbitration shall be dismissed, an application shall be filed to TAC for determination.
Article 62
The Tribunal shall correct errors occur in Chinese characters and calculation, if any, in an arbitral award, mediation statement and/or decision that have taken legal effect. Any matter omitted in an arbitral award shall be supplemented in a form of a additional award.
Any of the parties requesting correction by the Tribunal in an arbitral award, mediation statement and/or decision, or additional award to the arbitral award shall address the same in writing within thirty (30) days from the date of receipt of the arbitral award, mediation statement and/or decision.
The additional award or amendment thereto shall constitute integral part of the arbitral award, mediation statement and/or decision.
Article 63
The burden of arbitration fees shall be determined by the Tribunal, taking into comprehensive consideration determination of responsibility, portion of payment awarded in favor of a party and objective situations of the parties.
The burden of costs for preservation, announcement and appraisal shall be determined by the Tribunal, taking into comprehensive consideration determination of responsibility and portion of request for arbitration awarded by the Tribunal. Where the parties have otherwise reached an agreement, such agreement shall apply.
Article 64
The Tribunal may determine via an award that the delinquent party shall compensate the other party for reasonable costs incurred by such party for arbitration proceedings as requested by one party, except the circumstance under which the party filing such claim is responsible.
Unless otherwise agreed upon by the parties, where any of the parties claims for loss of representation charges by producing relevant evidence, the Tribunal may, in its sole discretion, render an award in favor of such party as it deems fit by taking into consideration the award in favor of such party on other requests for arbitration.
Unless otherwise agreed upon by the parties, where the Respondent counterclaims for loss of representation charge by producing relevant evidence, the Tribunal may, in its sole discretion, render an award in favor of such party as it deems fit by taking into consideration the award in favor of the Respondent on the claim.
Where the Tribunal renders an award in favor of one party for loss of representation charges, it shall be ceiled by the charging standards set by competent judicial and pricing authorities.
Where any of the parties fails to claim for compensation of loss for representation charges but claims for such compensation after an award is rendered, such claim will not be acceptable to TAC.
Article 65
Where the case is concluded by Tribunal in mediation or voluntary settlement, the parties may consult on burden of arbitration fees. Should such consultations fail, it shall be decided by the Tribunal under Article 63 hereof.
Article 66
The parties shall severally perform duties in a voluntary manner within the term specified in the arbitral award or mediation statement.
Should one party have not performed the duties specified in the arbitral award or mediation statement, the other party may apply to the People's Court having jurisdiction for enforcement under applicable provisions of the Civil Procedural Law.
Article 67
Where the arbitral award is considered by any of the parties to have been rendered in one of the events under Article 58 hereof, such party may apply to the People's Court having jurisdiction for rescission thereof within six (6) months from the date of rendition of the arbitral award.
Article 68
Where the Tribunal deems it necessary to hold arbitration proceedings for a second time after receipt of the notice of re-arbitration by the People's Court having jurisdiction, arbitration proceedings shall be held for a second time. Should the Tribunal deem it unnecessary to do so, the Tribunal shall submit its opinion in writing to TAC which shall notify the People's Court havin jurisdiction thereof.
Cases for re-arbitration shall be arbitrated by the original Tribunal. A new Tribunal shall be established if so requested by the parties.
Chapter V Expedited Arbitral Procedures
Article 69
Where Request for Arbitration by any of parties contains no monetary claim or such claim does not exceed RMB500,000, the expedited arbitration procedure shall apply (hereinafter referred to as “the Procedures”), except complicated nature of the case so considered by TAC or otherwise agreed upon by the parties.
Where Request for Arbitration increased by, or a counterclaim filed by, any of the parties cause the disputed amount to exceed RMB500,000, the Procedures shall apply, unless the parties have agreed otherwise.
Any of the parties considering it inappropriate to apply the expedited arbitration procedure may request in writing to modify it into general arbitration procedures, which shall be determined by TAC.
Where the Tribunal considers it inappropriate to apply the expedited arbitration procedure after its establishment, it may request TAC in writing to apply general arbitration procedure.
Article 70
The Respondent shall address Statement of Defense within seven (7) days from the date of receipt of Notice of Arbitration.
Any of the parties intending to modify Request for Arbitration, or file a counterclaim, or modify Request for Counterclaim shall file the same within the term of answer, except where the Tribunal exercises the right of interpretation under Article 43 hereof.
Any of the parties shall file Statement of Defense within seven (7) days upon receipt of application for modification of Request for Arbitration, or Request for Counterclaim and Notice of Defense.
Article 71
Where a case applies to the Procedure, one arbitrator shall constitute a sole Tribunal.
The parties shall jointly select the one arbitrator, or authorize TAC Chairman to appoint the one arbitrator within three (3) days upon receipt of Notice of Acceptance or Notice of Defense.
Article 72
In case of verbal hearings, the Tribunal shall notify the parties and other participants, within three (3) days prior to the first verbal hearing, of composition of the Tribunal, the date, time and place of hearing.
Any of the parties requesting advance or extension of the first verbal hearing shall address the same one (1) day prior to such verbal hearing, to be permitted by the Tribunal in its sole discretion.
Where the Tribunal has decided to extend the hearing, notification of the date, time and place of hearing will not be limited to the term of three days.
In case of verbal hearing, the Tribunal shall hold verbal hearing once only. The Tribunal may decide to hold a second hearing as deemed necessary.
Article 73
The Tribunal shall render an award within fifty (50) days after establishment thereof.
The Tribunal applying for extended rendition of an award shall submit an written application to TAC Chairman for approval five (5) days prior to the term so specified in the preceding paragraph. Award rendition may be extended for such a term as deemed appropriate.
Article 75
Where the Procedure is modified to the general procedure, the parties shall severally select their arbitrator or authorize TAC Chairman to appoint arbitrators, and the original sole arbitrator shall be the presiding arbitrator, except the parties have agreed otherwise.
After composition of the new Tribunal, the parties may apply to re-hear the arbitration procedures having been conducted, to be determined by the Tribunal. The Tribunal may determine in its sole discretion whether to re-hear the arbitration procedure having been conducted.
Article 75
For any matter not covered herein, other applicable provisions in these Rules shall apply.
Chapter VI Special Provisions on Arbitration involving Foreign Interests
Article 76
Provisions of this chapter shall apply to disputes arising out of or in connection with matters in foreign economy and trade, transport, and maritime.
Article 77
Arbitration involving foreign interests contained herein refers to the arbitration on a dispute over a contract, and the rights and interests of other properties between the parties, whose parties, minimum one part thereof, shall be a foreign natural person, stateless person, foreign legal person, or any other organization, or whose such legal facts as creation, modification, termination of civil legal relation by and between the parties shall take place in a foreign country.
A dispute over a contract and rights and interests of other properties that involves Hong Kong Special Administrative Region. Macau Special Administrative Region and Taiwan shall be arbitrated with reference to provisions on arbitration involving foreign interests.
Article 78
Where the parties have objection to whether the dispute involves foreign interests, it shall be determined by TAC.
Article 79
The Respondent shall address Statement of Defense and documentary evidence within forty-five (45) days from the date of receipt of Notice of Defense.
Any of the parties intending to modify Request for Arbitration, or Request for Counterclaim, or modify Counterclaim shall file the same within the term of answer.
Any of the parties shall file Statement of Defense within forty-five (45) days upon receipt of application for modification of Request for Arbitration, or Request for Counterclaim and Notice of Defense.
Article 80
The parties shall jointly agree on composition of the Tribunal and selection of arbitrators or the sole arbitrator within twenty (20) days upon receipt of Notice of Acceptance and Notice of Defense.
Article 81
The Tribunal shall notify the parties and other participants, within thirty (3o) days prior to the first hearing, of the date, time and place of hearing.
Where the parties request in a written form the hearing in advance, the Tribunal may hold a hearing in advance. Where the parties request extension of the hearing, they shall address the same to the Tribunal in writing ten (10) days prior to the hearing, to be determined by the Tribunal.
In case of resumption of the hearing after the first hearing or extension of the hearing, notification of the date, time and place of hearing will not be confined to the term of thirty (30) days.
Article 82
The Tribunal shall render an award within six (6) months from the date of establishment thereof.
Article 83
The Tribunal shall render an award on the basis of the applicable law so chosen by the parties. Unless otherwise agreed upon by the parties, the applicable law chosen shall refer to the substantive law rather than conflict of laws.
Where the parties have not chosen an applicable law, the Tribunal shall apply the law that has the most significant relationship with the disputed matter.
Article 84
Should one party fail to perform the arbitral award, the other party may, pursuant to applicable Chinese law, file an application to People’s Court having jurisdiction in China for enforcement, or may file an application to a foreign court having jurisdiction for recognition and enforcement pursuant to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 or other international treaties to which China is a party or has acceded.
Article 85
For any matter not covered herein, other applicable provisions in these Rules shall apply.
Chapter VII Service of Documents and Period of Time
Article 86
All arbitration-related documents and written materials may be delivered in person or sent by post, fax, email or by any other means, whichever is considered appropriate by TAC.
Article 87
In case of delivery in person, the party shall sign to acknowledge receipt thereof. In case of delivery by a natural person, an adult family member sharing the same place of residence with such natural person may sign to acknowledge receipt thereof in lieu of such natural person. In case of delivery by a legal person or any other organization, the legal representative, chief officer, the person in charge of mails, or any other person may sign to acknowledge receipt thereof. Where any of the parties has designated a person to TAC for receipt thereof, such person may sign to acknowledge receipt thereof in lieu of such party.
The date of signature by the said person on the proof of service shall be the date of service.
Article 88
Should any of the parties or an adult family member sharing the same place of residence with such natural person refuse to acknowledge receipt of arbitration-related documents and written materials, service by leaving the rejected documents may apply.
Service under the preceding paragraph shall comply with applicable provisions of the civil procedural law.
For service under the first paragraph hereof, the date of signature or seal of the person serving the process or a witness, if any, on the proof of service shall be the date of service. Where the witness is unwilling to sign or seal on the proof of service, the date of signature or seal of the person serving the process on the proof of service shall be the date of service.
Article 89
In case of delivery by post, the place of residence or domicile of a natural person shall be the address for