These Rules are laid down to enhance administration of arbitrator appointment in accordance with the Arbitration Law of the People’s Republic of China (“Arbitration Law”), the Arbitration Rules of Tianjin Arbitration Commission (“Arbitration Rules”), and Code of Conduct of Tianjin Arbitration Commission for Arbitrators (“Code of Conduct”).
To be qualified as and apply for an arbitrator, one shall satisfy the following requirements:
1.1 good political and expertise quality as required by Arbitration Law;
1.2 commitment to comply with Arbitration Rules, Code of Conduct, Self Disciplinary Convention for Arbitrators and these Rules;
1.3 being upright, fair, integrated, responsible, diligent, modest, precautious, and efficient;
1.4 necessary and appropriate education background, legal knowledge and expertise for arbitration of specific domains;
1.5 physically healthy and energetic with available time for arbitration proeedings;
1.6 under 66 years of age, which may be extended as deemed fit under special circumstances, provided that such extension may not exceed 70 years of age.
Any person from different industries and in specific domains to apply for an arbitrator shall be so qualified or eligible as:
2.1 in case of being engaged in legal teaching and/or research:
2.1.1 with a senior technical title;
2.1.2 engaged immediately in legal teaching or research;
2.1.3 familiar with applicable arbitration laws and processes for arbitration and litigation.
2.2 in case of being engaged in practice as a lawyer:
2.2.1 with a LLM or JD degree and above, or with strong competence and positive result as an experienced arbitrator from time to time;
2.2.2 a practicing lawyer for minimum eight (8) years with remarkable achievements;
2.2.3 with high-level expertise and rich experiences generally recognized by other lawyers;
2.2.4 without defective record in law practice.
2.3 in case of being engaged in economy and trade sector:
2.3.1 with a senior technical title;
2.3.2 with a minimum postsecondary degree of law, a bar qualification certificate, or as a technical authority in a specific domain;
2.3.3 with minimum eight (8) years of experience in this sector, familiar with applicable laws and regulations and masters industrial regulations and expertise he or she is engaged in;
2.3.4 familiar with applicable arbitration laws and procedures.
2.4 in case of a civil servant or industrial manager:
2.4.1 a law undergrad and above, or with strong competence and positive result as an experienced arbitrator from time to time;
2.4.2 engaged immediately in legislation, enforcement or legal affairs;
2.4.3 in a position equivalent to deputy chief of a department next to county/district-level government and above, or with a senior technical title;
2.4.4 familiar with applicable arbitration laws and procedures
2.5 in case of a retired judge:
2.5.1 with eight (8) years of experience and above as a judge;
2.5.2 a law undergrad and above, or experienced in court hearings;
2.5.3 with long-term experience in tribunals;
2.5.4 less than two (2) years after being retired, or having been engaged in practice of law as a lawyer or any other legal service provider;
2.5.5 in a position equivalent to a deputy tribunal chief and above, or with high level and competence of case handling and court hearings.
Any person from different industries applying to be admitted as an arbitrator shall fill out TAC Application Form for Arbitrator (“Application Form for Arbitrator”) with certifying documents.
The administrative office of TAC (“Office”) shall submit such application documents to TAC Chairman for approval after satisfactory preliminary review.
After its decision to admit him or her as an arbitrator, TAC will issue a certificate of appointment to such arbitrator, and will include his or her name in the panel of arbitrators.
Within the valid term, should an arbitrator be unable to perform his or her duty as an arbitrator for either reason of duty or physical health, he or she may file an application to TAC for resignation, who with TAC approval, may cease to function as an arbitrator.
If and whenever an arbitrator wishes to proceed with the function of an arbitrator upon expiration of the term of office, he or she shall file an application to TAC who shall have the right of discretion whether his or her term of office shall be extended.
The Office shall conduct inspection and review on performance of arbitrator’s duty hereunder and shall report the same to the meeting of TAC Chairman.
In case of any occurrences in which an arbitrator should be dismissed or removed from the panel of arbitrators under Certain Provisions of Tianjin Arbitration Commission on Penalties of Arbitrators in Violation of Disciplines, the Office will propose penalty for discretion and decision by TAC Chairman.
In case of one of the following, the term of office of an arbitrator shall not be extended:
8.1 where he or she should be slack in duty performance and/or indifferent to TAC;
8.2 where he or she should be unfamiliar with Arbitration Rules, unable to arbitrate cases under applicable procedures;
8.3 where he or she should be unfamiliar with laws or expertise involving the disputed matter;
8.4 where he or she should be incompetent at arbitration hearings and unclear in thinking and poor in verbal expressions to such extent that he or she is unable to organize arbitration hearings;
8.5 where he or she should be incompetent in making analysis and judgment, and fail to put forward opinions and ideas;
8.6 where he or she should be unable to prepare an award as required by TAC.
Where the term of office of an arbitrator is extended, TAC shall issue a certificate or notice of appointment. Where he or she should not be re-appointed, TAC will be under no obligation to explain why. Should an arbitrator be dismissed from appointment, TAC will forward a written notification and explain why.
Should an arbitrator fail to be re-appointed, he or she may proceed with arbitration proceedings till rendition of an award if he or she arbitrates a case pending within his or her valid term of office, unless he or she is reluctant to proceed with his or her duty as an arbitrator.
Any arbitrator being dismissed from appointment may not proceed with performance of arbitration proceedings, except otherwise agreed upon by the parties.
These Rules shall enter into force and effect as from the 1st day of November 2007.