Interim Rules of Tianjin Arbitration Commission for Arbitration of Financial Disputes

(As adopted on 10 September 2007 and revised on 28 January 2010 at the presidency meeting of Tianjin Arbitration Commission)
Chapter I General Provisions
Article 1
The Interim Rules of Tianjin Arbitration Commission for Arbitration of Financial Disputes (hereinafter referred to as "FDA Rules") are laid down in accordance with Arbitration Law of the People’s Republic of China and applicable provisions to accommodate the demand of financial market entities for professionalized settlement of disputes, arbitrate financial disputes in a timely manner, and protect lawful rights and interests of parties to arbitration.
Article 2
FDA Rules apply to financial disputes of the parties filed to and accepted by Tianjin Arbitration Commission (hereinafter referred to as "TAC").
Article 3
The parties wishing to file an application with TAC for arbitration on any financial dispute may agree to apply for arbitral proceedings to be conducted in accordance with FDA Rules, any other rule of TAC or any other arbitration institution, or any rules as agreed by such parties.
In the absence of any applicable rule agreed by the parties or in case of any ambiguous agreement thereon, TAC rules shall apply.
Any rule made through consultations by the parties shall be adaptable without violation of the existing Chinese laws and/or contravention with public decency and good morals.   
Article 4
Where the parties dispute over the following, it shall be determined by TAC:
4.1 whether it is a financial dispute;
4.2 which rule of arbitration to apply.
Chapter II Filing and Acceptance
Article 5
The parties applying for arbitration shall be eligible as required by Arbitration Rules of Tianjin Arbitration Commission. In the absence of any agreement on arbitration by the parties, one of whom has invited the other party through TAC to settle a dispute by arbitration and executed a letter of invitation for arbitration, TAC will, within two (2) days thereof, send to such other party said letter of invitation for arbitration and FDA Rules.
Where such other party agrees to arbitrate, TAC will notify the parties to enter into an arbitration agreement.
Should such other party fail to reply within FDA ten (10) days after the receipt of said letter of invitation for arbitration, it shall deem to have refused such invitation.
Chapter III Constitution of Tribunal
Article 6
TAC shall provide a panel of financial arbitrators, constituting a part of TAC's panel of arbitrators.
Article 7
The parties may, having obtained mutual consents after consultations, nominate an ad hoc arbitrator respectively from any source other than TAC's panel of arbitrators.
Any party wishing to nominate an ad hoc arbitrator shall submit to TAC the general information of the person to be nominated. Where such person is eligible as required by Article 13 of Arbitration Law of the People's Republic of China, TAC president shall grant consent thereto. Where such person is not eligible as required by Article 13 of Arbitration Law of the People's Republic of China, such party shall re-nominate an arbitrator from TAC's panel of arbitrators.
The Arbitration Rule of Tianjin Arbitration Commission shall apply to avoidance of an ad hoc arbitrator.
Chapter IV In-person Hearing and Award
Article 8
By obtaining Tribunal's prior consent, any party may retain one professional or two with financial expertise to explain in court any specific issue, at the expense of the party retaining such service.
Article 9
Arbitrators and parties may inquire such professional with financial expertise.
With Tribunal's permission, the professional with financial expertise may debate dispute-related issues in court.
The professional with financial expertise may inquire an appraiser.
Article 10
After constitution of Tribunal, an award shall be made to a case involving general matters within two (2) months and to a case involving foreign interests within four (4) months.
Should the tribunal apply for delayed making of an award, the chief arbitrator or the sole arbitrator shall propose the same in writing fifteen (15) days prior to the date of expiry as set out in the foregoing paragraph. With approval of TAC president, such time limit may be extended as deemed appropriate.
Article 11
Tribunal of arbitrators shall make an arbitral award on disputes based on facts and pursuant to law.
Tribunal may, with agreement or prior consent of the parties, make an arbitral award pursuant to international practices, industrial standards, transaction rules, self-governing rules and/or equity principles in respect of financial transaction.
Tribunal may, in any circumstance, make an arbitral award with reference to judicial interpretations, international practices, industrial standards, transaction rules, and/or self-governing rules.
If international practices, industrial standards, transaction rules, self-governing rules and/or equity principles apply hereunder, none of them may be in conflict with the existing Chinese laws, nor in contravention with public decency and good morals.
Chapter V Supplementary Provisions
Article 12
Financial dispute contained herein refers to any dispute arising out of such financial transactions as capital accommodation of home and foreign currencies, financial instruments and documents of domestic and foreign currencies to be negotiated, sold and bought in money market, capital market, forex market, gold market and insurance market, or in the process of financial services, by and between natural persons, legal persons and other entities.
Article 13
Evidence Provision of Tianjin Arbitration Commission shall apply to the evidence rules by which Tribunal conducts arbitral proceedings over financial disputes.
Article 14
For any matter not contained herein, Arbitration Rules of Tianjin Arbitration Commission shall apply.
In case of any discrepancy or inconsistency between FDA Rules and Arbitration Rules of Tianjin Arbitration Commission, FDA Rules shall prevail.
Article 15
The right of interpretation of FDA Rules shall rest on TAC.     
Article 16
FDA Rules shall come into force and effect as from 1 April 2010.