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- | + | |发文机关: | |
- | 发文机关 | + | |Promulgator: |
- | Promulgator : | + | |发布日期 |
- | : | + | |Date of Issue |2017.09.01| |
- | The Standing Committee of the National People' | + | |生效日期 |
- | 发布日期 | + | |Effective Date|2018.01.01| |
- | Date of Issue : | + | |时效性|现行有效| |
- | : 2017.09.01 | + | |Effectiveness|Current| |
- | 2017.09.01 | + | |
- | 生效日期 | + | <div page_title box 100%> |
- | Effective Date : | + | |
- | : 2018.01.01 | + | |
- | 2018.01.01 | + | |
- | 时效性 | + | |
- | Effectiveness : | + | |
- | : 现行有效 | + | |
- | Current | + | |
中华人民共和国仲裁法(2017修正) | 中华人民共和国仲裁法(2017修正) | ||
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Arbitration Law of the People’s Republic of China (Amended in 2017) | Arbitration Law of the People’s Republic of China (Amended in 2017) | ||
+ | </ | ||
+ | ~~TOC wide~~ | ||
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+ | <div box 100%> | ||
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(1994年8月31日第八届全国人民代表大会常务委员会第九次会议通过 根据2009年8月27日第十一届全国人民代表大会常务委员会第十次会议《关于修改部分法律的决定》第一次修正 根据2017年9月1日第十二届全国人民代表大会常务委员会第二十九次会议《关于修改〈中华人民共和国法官法〉等八部法律的决定》第二次修正) | (1994年8月31日第八届全国人民代表大会常务委员会第九次会议通过 根据2009年8月27日第十一届全国人民代表大会常务委员会第十次会议《关于修改部分法律的决定》第一次修正 根据2017年9月1日第十二届全国人民代表大会常务委员会第二十九次会议《关于修改〈中华人民共和国法官法〉等八部法律的决定》第二次修正) | ||
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(Adopted at the 9th session of the Standing Committee of the 8th National People' | (Adopted at the 9th session of the Standing Committee of the 8th National People' | ||
- | 第一章 总 则 Chapter 1 General Provisions | + | </ |
+ | |||
+ | ====== | ||
+ | |||
+ | |||
+ | Chapter 1 General Provisions | ||
第一条 | 第一条 | ||
行 29: | 行 34: | ||
第二条 | 第二条 | ||
- | Article 2 Contractual disputes and other disputes arising from property rights and interests between citizens, legal persons and other organizations of equal status in law may be submitted for arbitration. | + | Article 2 Contractual disputes and other disputes arising from property rights and interests between citizens, legal persons and other organizations of equal status in law may be submitted for arbitration. |
- | + | ||
第三条 | 第三条 | ||
行 75: | 行 80: | ||
If the arbitration award is set aside or is not enforced as rendered by a people' | If the arbitration award is set aside or is not enforced as rendered by a people' | ||
- | 第二章 仲裁委员会和仲裁协会 | + | ====== |
Chapter 2 Arbitration Commission and Arbitration Association | Chapter 2 Arbitration Commission and Arbitration Association | ||
行 86: | 行 92: | ||
An arbitration commission shall be set up by the relevant departments and chambers of commerce under the coordination of the people' | An arbitration commission shall be set up by the relevant departments and chambers of commerce under the coordination of the people' | ||
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设立仲裁委员会,应当经省、自治区、直辖市的司法行政部门登记。 | 设立仲裁委员会,应当经省、自治区、直辖市的司法行政部门登记。 | ||
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The establishment of an arbitration commission shall be registered with the judicial administrative department of the relevant province, autonomous region or centrally-administered municipality. | The establishment of an arbitration commission shall be registered with the judicial administrative department of the relevant province, autonomous region or centrally-administered municipality. | ||
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第十一条 | 第十一条 | ||
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Article 11 An arbitration commission shall meet the following requirements: | Article 11 An arbitration commission shall meet the following requirements: | ||
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(一)有自己的名称、住所和章程; | (一)有自己的名称、住所和章程; | ||
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1. Having its own name, domicile, and articles of association; | 1. Having its own name, domicile, and articles of association; | ||
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(二)有必要的财产; | (二)有必要的财产; | ||
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2. Having necessary property; | 2. Having necessary property; | ||
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(三)有该委员会的组成人员; | (三)有该委员会的组成人员; | ||
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(III) having members of the committee; and | (III) having members of the committee; and | ||
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(四)有聘任的仲裁员。 | (四)有聘任的仲裁员。 | ||
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(IV) It shall have appointed arbitrators. | (IV) It shall have appointed arbitrators. | ||
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仲裁委员会的章程应当依照本法制定。 | 仲裁委员会的章程应当依照本法制定。 | ||
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The articles of association of an arbitration commission shall be formulated in accordance with this Law. | The articles of association of an arbitration commission shall be formulated in accordance with this Law. | ||
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第十二条 | 第十二条 | ||
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Article 12 An arbitration commission shall comprise a chairman, two to four vice-chairmen and seven to eleven members. | Article 12 An arbitration commission shall comprise a chairman, two to four vice-chairmen and seven to eleven members. | ||
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仲裁委员会的主任、副主任和委员由法律、经济贸易专家和有实际工作经验的人员担任。仲裁委员会的组成人员中,法律、经济贸易专家不得少于三分之二。 | 仲裁委员会的主任、副主任和委员由法律、经济贸易专家和有实际工作经验的人员担任。仲裁委员会的组成人员中,法律、经济贸易专家不得少于三分之二。 | ||
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The chairman, vice-chairmen and members of an arbitration commission shall be experts in law and economics and trade with practical work experience. Experts in law, economics and trade shall constitute no less than two- thirds of the membership of an arbitration commission. | The chairman, vice-chairmen and members of an arbitration commission shall be experts in law and economics and trade with practical work experience. Experts in law, economics and trade shall constitute no less than two- thirds of the membership of an arbitration commission. | ||
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第十三条 | 第十三条 | ||
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Article 13 An arbitration commission shall appoint fair and honest person as its arbitrators. | Article 13 An arbitration commission shall appoint fair and honest person as its arbitrators. | ||
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仲裁员应当符合下列条件之一: | 仲裁员应当符合下列条件之一: | ||
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Arbitrators shall meet one of the following requirements: | Arbitrators shall meet one of the following requirements: | ||
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(一)通过国家统一法律职业资格考试取得法律职业资格,从事仲裁工作满八年的; | (一)通过国家统一法律职业资格考试取得法律职业资格,从事仲裁工作满八年的; | ||
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1. they have passed the national unified legal professional qualification exam and obtained the legal professional qualification, | 1. they have passed the national unified legal professional qualification exam and obtained the legal professional qualification, | ||
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(二)从事律师工作满八年的; | (二)从事律师工作满八年的; | ||
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2. they have worked as a lawyer for eight full years; | 2. they have worked as a lawyer for eight full years; | ||
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(三)曾任法官满八年的; | (三)曾任法官满八年的; | ||
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3. they have worked as judges for eight years; | 3. they have worked as judges for eight years; | ||
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(四)从事法律研究、教学工作并具有高级职称的; | (四)从事法律研究、教学工作并具有高级职称的; | ||
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(IV) engaging in legal research or legal teaching with a senior title; or | (IV) engaging in legal research or legal teaching with a senior title; or | ||
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(五)具有法律知识、从事经济贸易等专业工作并具有高级职称或者具有同等专业水平的。 | (五)具有法律知识、从事经济贸易等专业工作并具有高级职称或者具有同等专业水平的。 | ||
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(V) they have legal knowledge and are engaged in professional work relating to economy and trade with a senior professional title or at the equivalent professional level. | (V) they have legal knowledge and are engaged in professional work relating to economy and trade with a senior professional title or at the equivalent professional level. | ||
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仲裁委员会按照不同专业设仲裁员名册。 | 仲裁委员会按照不同专业设仲裁员名册。 | ||
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The arbitration committee shall establish a register of arbitrators according to different specialties. | The arbitration committee shall establish a register of arbitrators according to different specialties. | ||
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第十四条 | 第十四条 | ||
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Article 14 Arbitration commissions shall be independent of administrative organs and there are no subordinate relations with any administrative organs. There is no subordinate relationship between arbitration commissions. | Article 14 Arbitration commissions shall be independent of administrative organs and there are no subordinate relations with any administrative organs. There is no subordinate relationship between arbitration commissions. | ||
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第十五条 | 第十五条 | ||
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Article 15 The China Arbitration Association is a social organization with the status of a legal person. Arbitration commissions are members of the China Arbitration Association. The Articles of Association of the China Arbitration Association shall be formulated by the National General Assembly. | Article 15 The China Arbitration Association is a social organization with the status of a legal person. Arbitration commissions are members of the China Arbitration Association. The Articles of Association of the China Arbitration Association shall be formulated by the National General Assembly. | ||
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中国仲裁协会是仲裁委员会的自律性组织,根据章程对仲裁委员会及其组成人员、仲裁员的违纪行为进行监督。 | 中国仲裁协会是仲裁委员会的自律性组织,根据章程对仲裁委员会及其组成人员、仲裁员的违纪行为进行监督。 | ||
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The China Arbitration Association is a self-regulatory organization for arbitration commissions to exercise supervision over the violations of the arbitration commissions and their members and arbitrators in accordance with the Articles of Association. | The China Arbitration Association is a self-regulatory organization for arbitration commissions to exercise supervision over the violations of the arbitration commissions and their members and arbitrators in accordance with the Articles of Association. | ||
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中国仲裁协会依照本法和民事诉讼法的有关规定制定仲裁规则。 | 中国仲裁协会依照本法和民事诉讼法的有关规定制定仲裁规则。 | ||
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The China Arbitration Association shall formulate arbitration rules according to this law and the civil procedure law. | The China Arbitration Association shall formulate arbitration rules according to this law and the civil procedure law. | ||
- | 第三章 仲裁协议 | + | |
+ | ====== | ||
+ | |||
Chapter 3 Arbitration Agreement | Chapter 3 Arbitration Agreement | ||
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第十六条 | 第十六条 | ||
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Article 16 An arbitration agreement shall include the arbitration clauses stipulated in the contract and any other written agreement for arbitration concluded before or after a dispute occurs. | Article 16 An arbitration agreement shall include the arbitration clauses stipulated in the contract and any other written agreement for arbitration concluded before or after a dispute occurs. | ||
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仲裁协议应当具有下列内容: | 仲裁协议应当具有下列内容: | ||
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An arbitration agreement shall contain the following: | An arbitration agreement shall contain the following: | ||
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(一)请求仲裁的意思表示; | (一)请求仲裁的意思表示; | ||
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1. the expression of request for arbitration; | 1. the expression of request for arbitration; | ||
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(二)仲裁事项; | (二)仲裁事项; | ||
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2. arbitration items; and | 2. arbitration items; and | ||
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(三)选定的仲裁委员会。 | (三)选定的仲裁委员会。 | ||
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3. the arbitration commission chosen. | 3. the arbitration commission chosen. | ||
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第十七条 | 第十七条 | ||
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Article 17 An arbitration agreement shall be invalid under any of the following circumstances: | Article 17 An arbitration agreement shall be invalid under any of the following circumstances: | ||
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(一)约定的仲裁事项超出法律规定的仲裁范围的; | (一)约定的仲裁事项超出法律规定的仲裁范围的; | ||
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1. Where matters agreed for arbitration exceed the scope of arbitration provided by law. | 1. Where matters agreed for arbitration exceed the scope of arbitration provided by law. | ||
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(二)无民事行为能力人或者限制民事行为能力人订立的仲裁协议; | (二)无民事行为能力人或者限制民事行为能力人订立的仲裁协议; | ||
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2. an arbitration agreement concluded by persons without or with limited capacity for civil conduct; | 2. an arbitration agreement concluded by persons without or with limited capacity for civil conduct; | ||
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(三)一方采取胁迫手段,迫使对方订立仲裁协议的。 | (三)一方采取胁迫手段,迫使对方订立仲裁协议的。 | ||
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(III) one party forces the other party to sign an arbitration agreement by means of duress. | (III) one party forces the other party to sign an arbitration agreement by means of duress. | ||
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第十八条 | 第十八条 | ||
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Article 18 If the arbitration matters or the arbitration commission are not agreed upon by the parties in the arbitration agreement, or if the relevant provisions are not clear, the parties may supplement the agreement. If the parties fail to agree upon the supplementary agreement, the arbitration agreement shall be invalid. | Article 18 If the arbitration matters or the arbitration commission are not agreed upon by the parties in the arbitration agreement, or if the relevant provisions are not clear, the parties may supplement the agreement. If the parties fail to agree upon the supplementary agreement, the arbitration agreement shall be invalid. | ||
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第十九条 | 第十九条 | ||
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Article 19 An arbitration agreement shall exist independently. Any changes to, rescission, termination or invalidity of the contract shall not affect the validity of the arbitration agreement. | Article 19 An arbitration agreement shall exist independently. Any changes to, rescission, termination or invalidity of the contract shall not affect the validity of the arbitration agreement. | ||
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仲裁庭有权确认合同的效力。 | 仲裁庭有权确认合同的效力。 | ||
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The arbitral tribunal shall have the authority to affirm the validity of the contract. | The arbitral tribunal shall have the authority to affirm the validity of the contract. | ||
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第二十条 | 第二十条 | ||
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Article 20 If the parties object to the validity of the arbitration agreement, they may apply to the arbitration commission for a decision or to a people' | Article 20 If the parties object to the validity of the arbitration agreement, they may apply to the arbitration commission for a decision or to a people' | ||
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当事人对仲裁协议的效力有异议,应当在仲裁庭首次开庭前提出。 | 当事人对仲裁协议的效力有异议,应当在仲裁庭首次开庭前提出。 | ||
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A challenge to the validity of an arbitration agreement shall be raised before the first hearing in the arbitral tribunal. | A challenge to the validity of an arbitration agreement shall be raised before the first hearing in the arbitral tribunal. | ||
- | 第四章 仲裁程序 | + | |
+ | ====== | ||
Chapter 4 Arbitration Procedure | Chapter 4 Arbitration Procedure | ||
- | 第一节 申请和受理 | + | |
+ | ===== 第一节 申请和受理 | ||
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Section 1 Application and Acceptance | Section 1 Application and Acceptance | ||
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第二十一条 | 第二十一条 | ||
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Article 21 Parties applying for arbitration shall meet the following conditions: | Article 21 Parties applying for arbitration shall meet the following conditions: | ||
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(一)有仲裁协议; | (一)有仲裁协议; | ||
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1. there is an arbitration agreement; | 1. there is an arbitration agreement; | ||
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(二)有具体的仲裁请求和事实、理由; | (二)有具体的仲裁请求和事实、理由; | ||
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2. There are specific arbitration requests, facts and reasons; | 2. There are specific arbitration requests, facts and reasons; | ||
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(三)属于仲裁委员会的受理范围。 | (三)属于仲裁委员会的受理范围。 | ||
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(III) The dispute falls within the jurisdiction of the arbitration commission. | (III) The dispute falls within the jurisdiction of the arbitration commission. | ||
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第二十二条 | 第二十二条 | ||
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Article 22 A party applying for arbitration shall submit to an arbitration commission the arbitration agreement, an application for arbitration and copies thereof. | Article 22 A party applying for arbitration shall submit to an arbitration commission the arbitration agreement, an application for arbitration and copies thereof. | ||
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第二十三条 | 第二十三条 | ||
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Article 23 The following particulars shall be specified in an application for arbitration: | Article 23 The following particulars shall be specified in an application for arbitration: | ||
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(一)当事人的姓名、性别、年龄、职业、工作单位和住所,法人或者其他组织的名称、住所和法定代表人或者主要负责人的姓名、职务; | (一)当事人的姓名、性别、年龄、职业、工作单位和住所,法人或者其他组织的名称、住所和法定代表人或者主要负责人的姓名、职务; | ||
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1. the name, sex, age, occupation, work unit and domicile of the party, or the name, domicile and legal representative of the legal person or other organization or the name, position of the main person in charge; | 1. the name, sex, age, occupation, work unit and domicile of the party, or the name, domicile and legal representative of the legal person or other organization or the name, position of the main person in charge; | ||
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(二)仲裁请求和所根据的事实、理由; | (二)仲裁请求和所根据的事实、理由; | ||
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(II) the request for arbitration and the facts and reasons on which such request is based; and | (II) the request for arbitration and the facts and reasons on which such request is based; and | ||
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(三)证据和证据来源、证人姓名和住所。 | (三)证据和证据来源、证人姓名和住所。 | ||
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(III) evidence and sources of evidence, and the names and domiciles of witnesses. | (III) evidence and sources of evidence, and the names and domiciles of witnesses. | ||
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第二十四条 | 第二十四条 | ||
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Article 24. An arbitration commission shall accept an application for arbitration and notify the parties concerned of the acceptance of the application within five days from receipt of the application form for arbitration if it deems that the application satisfies the acceptance criteria. | Article 24. An arbitration commission shall accept an application for arbitration and notify the parties concerned of the acceptance of the application within five days from receipt of the application form for arbitration if it deems that the application satisfies the acceptance criteria. | ||
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第二十五条 | 第二十五条 | ||
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Article 25 Upon acceptance of an application for arbitration, | Article 25 Upon acceptance of an application for arbitration, | ||
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被申请人收到仲裁申请书副本后,应当在仲裁规则规定的期限内向仲裁委员会提交答辩书。仲裁委员会收到答辩书后,应当在仲裁规则规定的期限内将答辩书副本送达申请人。被申请人未提交答辩书的,不影响仲裁程序的进行。 | 被申请人收到仲裁申请书副本后,应当在仲裁规则规定的期限内向仲裁委员会提交答辩书。仲裁委员会收到答辩书后,应当在仲裁规则规定的期限内将答辩书副本送达申请人。被申请人未提交答辩书的,不影响仲裁程序的进行。 | ||
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Upon receipt of a duplicate copy of the application form for arbitration, | Upon receipt of a duplicate copy of the application form for arbitration, | ||
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第二十六条 | 第二十六条 | ||
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Article 26 In the event that the parties reach an arbitration agreement and one party brings a lawsuit to the people' | Article 26 In the event that the parties reach an arbitration agreement and one party brings a lawsuit to the people' | ||
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第二十七条 | 第二十七条 | ||
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Article 27 The applicant may waive or change the arbitration claims. The respondent may acknowledge or refute the arbitration claim and shall have the right to make a counter-claim. | Article 27 The applicant may waive or change the arbitration claims. The respondent may acknowledge or refute the arbitration claim and shall have the right to make a counter-claim. | ||
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第二十八条 | 第二十八条 | ||
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Article 28 A party may apply for property preservation if, as the result of an act of the other party or for some other reasons, it appears that an award may be impossible or difficult to enforce. | Article 28 A party may apply for property preservation if, as the result of an act of the other party or for some other reasons, it appears that an award may be impossible or difficult to enforce. | ||
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当事人申请财产保全的,仲裁委员会应当将当事人的申请依照民事诉讼法的有关规定提交人民法院。 | 当事人申请财产保全的,仲裁委员会应当将当事人的申请依照民事诉讼法的有关规定提交人民法院。 | ||
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If a party applies for property preservation, | If a party applies for property preservation, | ||
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申请有错误的,申请人应当赔偿被申请人因财产保全所遭受的损失。 | 申请有错误的,申请人应当赔偿被申请人因财产保全所遭受的损失。 | ||
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If an application for property preservation is wrongfully made, the applicant shall compensate the person against whom the application is made for any loss incurred from property preservation. | If an application for property preservation is wrongfully made, the applicant shall compensate the person against whom the application is made for any loss incurred from property preservation. | ||
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第二十九条 | 第二十九条 | ||
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Article 29 The parties and their legal representatives may appoint lawyers or engage agents to handle matters relating to the arbitration. In the case where lawyers or other attorneys are entrusted with the handling of arbitration matters, the attorneys shall produce a power of attorney to the arbitration commission. | Article 29 The parties and their legal representatives may appoint lawyers or engage agents to handle matters relating to the arbitration. In the case where lawyers or other attorneys are entrusted with the handling of arbitration matters, the attorneys shall produce a power of attorney to the arbitration commission. | ||
- | 第二节 仲裁庭的组成 | + | |
+ | ===== 第二节 仲裁庭的组成 | ||
+ | |||
Section 2 Constitution of the Tribunal | Section 2 Constitution of the Tribunal | ||
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第三十条 | 第三十条 | ||
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Article 30 An arbitral tribunal may comprise three arbitrators or one arbitrator. If there are three arbitrators, | Article 30 An arbitral tribunal may comprise three arbitrators or one arbitrator. If there are three arbitrators, | ||
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第三十一条 | 第三十一条 | ||
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Article 31 If the parties agree to form an arbitral tribunal comprising three arbitrators, | Article 31 If the parties agree to form an arbitral tribunal comprising three arbitrators, | ||
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当事人约定由一名仲裁员成立仲裁庭的,应当由当事人共同选定或者共同委托仲裁委员会主任指定仲裁员。 | 当事人约定由一名仲裁员成立仲裁庭的,应当由当事人共同选定或者共同委托仲裁委员会主任指定仲裁员。 | ||
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Where the parties concerned agree that the arbitral tribunal shall comprise a single arbitrator, both parties shall jointly select the arbitrator or entrust the director of the Arbitration Commission jointly to designate the arbitrator. | Where the parties concerned agree that the arbitral tribunal shall comprise a single arbitrator, both parties shall jointly select the arbitrator or entrust the director of the Arbitration Commission jointly to designate the arbitrator. | ||
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第三十二条 | 第三十二条 | ||
+ | |||
Article 32 If the parties fail, within the time limit prescribed by the Arbitration Rules, to select the form of the arbitration tribunal or fail to select arbitrators, | Article 32 If the parties fail, within the time limit prescribed by the Arbitration Rules, to select the form of the arbitration tribunal or fail to select arbitrators, | ||
+ | |||
第三十三条 | 第三十三条 | ||
+ | |||
Article 33 After the arbitral tribunal is constituted, | Article 33 After the arbitral tribunal is constituted, | ||
+ | |||
第三十四条 | 第三十四条 | ||
+ | |||
Article 34 In any of the following circumstances, | Article 34 In any of the following circumstances, | ||
+ | |||
(一)是本案当事人或者当事人、代理人的近亲属; | (一)是本案当事人或者当事人、代理人的近亲属; | ||
+ | |||
1. He is a party to the case or a close relative of a party or agent; | 1. He is a party to the case or a close relative of a party or agent; | ||
+ | |||
(二)与本案有利害关系; | (二)与本案有利害关系; | ||
+ | |||
(II) Having interests in the case; | (II) Having interests in the case; | ||
+ | |||
(三)与本案当事人、代理人有其他关系,可能影响公正仲裁的; | (三)与本案当事人、代理人有其他关系,可能影响公正仲裁的; | ||
+ | |||
(III) He has some other relationship with a party to the case or with his agent, which may affect the impartiality of the arbitration; | (III) He has some other relationship with a party to the case or with his agent, which may affect the impartiality of the arbitration; | ||
+ | |||
(四)私自会见当事人、代理人,或者接受当事人、代理人的请客送礼的。 | (四)私自会见当事人、代理人,或者接受当事人、代理人的请客送礼的。 | ||
+ | |||
(IV) privately meets a party or his agent, or accepts a treat or gift from a party or agent thereof. | (IV) privately meets a party or his agent, or accepts a treat or gift from a party or agent thereof. | ||
+ | |||
第三十五条 | 第三十五条 | ||
+ | |||
Article 35 A party applying for the withdrawal of an arbitrator shall state his reasons and submit the application prior to the first hearing. If the reasons are known after the first hearing, they may be put forward before the end of the last hearing. | Article 35 A party applying for the withdrawal of an arbitrator shall state his reasons and submit the application prior to the first hearing. If the reasons are known after the first hearing, they may be put forward before the end of the last hearing. | ||
+ | |||
第三十六条 | 第三十六条 | ||
+ | |||
Article 36 The withdrawal of an arbitrator shall be decided upon by the chairman of the arbitration commission. If the chairman is serving as an arbitrator, the withdrawal shall be decided upon collectively by the arbitration commission. | Article 36 The withdrawal of an arbitrator shall be decided upon by the chairman of the arbitration commission. If the chairman is serving as an arbitrator, the withdrawal shall be decided upon collectively by the arbitration commission. | ||
+ | |||
第三十七条 | 第三十七条 | ||
+ | |||
Article 37 Where an arbitrator is unable to perform his/her duties due to withdrawal or any other reason, another arbitrator shall be selected or appointed in accordance with the provisions of this Law. | Article 37 Where an arbitrator is unable to perform his/her duties due to withdrawal or any other reason, another arbitrator shall be selected or appointed in accordance with the provisions of this Law. | ||
+ | |||
因回避而重新选定或者指定仲裁员后,当事人可以请求已进行的仲裁程序重新进行,是否准许,由仲裁庭决定;仲裁庭也可以自行决定已进行的仲裁程序是否重新进行。 | 因回避而重新选定或者指定仲裁员后,当事人可以请求已进行的仲裁程序重新进行,是否准许,由仲裁庭决定;仲裁庭也可以自行决定已进行的仲裁程序是否重新进行。 | ||
+ | |||
After the selection or appointment of a new arbitrator due to the withdrawal of an arbitrator, the parties may apply for the resumption of the arbitration proceedings. The arbitral tribunal shall determine whether the resumption of the arbitration proceedings may be allowed. The arbitral tribunal may also determine on its own whether the arbitration proceedings shall be resumed. | After the selection or appointment of a new arbitrator due to the withdrawal of an arbitrator, the parties may apply for the resumption of the arbitration proceedings. The arbitral tribunal shall determine whether the resumption of the arbitration proceedings may be allowed. The arbitral tribunal may also determine on its own whether the arbitration proceedings shall be resumed. | ||
+ | |||
第三十八条 | 第三十八条 | ||
+ | |||
Article 38 An arbitrator who is involved in one of the circumstances prescribed in Item 4, Article 34 and whose violations are serious, or an arbitrator who is involved in those prescribed in Item 6, Article 58 shall bear legal liabilities in accordance with the law and the arbitration commission shall remove his name from the list of arbitrators. | Article 38 An arbitrator who is involved in one of the circumstances prescribed in Item 4, Article 34 and whose violations are serious, or an arbitrator who is involved in those prescribed in Item 6, Article 58 shall bear legal liabilities in accordance with the law and the arbitration commission shall remove his name from the list of arbitrators. | ||
- | 第三节 开庭和裁决 | + | |
+ | ===== 第三节 开庭和裁决 | ||
+ | |||
Section 3 Hearings and Awards | Section 3 Hearings and Awards | ||
+ | |||
第三十九条 | 第三十九条 | ||
+ | |||
Article 39 Arbitration shall be conducted by holding hearings. Where the parties concerned agree on hearing in closed sessions, the arbitral tribunal may make an arbitral award based on the application form for arbitration, | Article 39 Arbitration shall be conducted by holding hearings. Where the parties concerned agree on hearing in closed sessions, the arbitral tribunal may make an arbitral award based on the application form for arbitration, | ||
+ | |||
第四十条 | 第四十条 | ||
+ | |||
Article 40 The arbitration shall be conducted in private. Where the parties concerned agree on arbitration in open sessions, the arbitration may proceed in open sessions, except cases that involve state secrets. | Article 40 The arbitration shall be conducted in private. Where the parties concerned agree on arbitration in open sessions, the arbitration may proceed in open sessions, except cases that involve state secrets. | ||
+ | |||
第四十一条 | 第四十一条 | ||
+ | |||
Article 41 The arbitration commission shall notify the two parties within the time limit provided by the Arbitration Rules of the date of the hearing. A party having justified reasons may request the postponement of a hearing within the time limit set in the Arbitration Rules. The arbitral tribunal shall decide whether or not to postpone the hearing. | Article 41 The arbitration commission shall notify the two parties within the time limit provided by the Arbitration Rules of the date of the hearing. A party having justified reasons may request the postponement of a hearing within the time limit set in the Arbitration Rules. The arbitral tribunal shall decide whether or not to postpone the hearing. | ||
+ | |||
第四十二条 | 第四十二条 | ||
+ | |||
Article 42 If an applicant for arbitration who has been given a notice in writing fails to appear before the tribunal without good reasons, or leaves the tribunal room during a hearing without the permission of the arbitral tribunal, the applicant shall be deemed as having withdrawn his application. | Article 42 If an applicant for arbitration who has been given a notice in writing fails to appear before the tribunal without good reasons, or leaves the tribunal room during a hearing without the permission of the arbitral tribunal, the applicant shall be deemed as having withdrawn his application. | ||
+ | |||
被申请人经书面通知,无正当理由不到庭或者未经仲裁庭许可中途退庭的,可以缺席裁决。 | 被申请人经书面通知,无正当理由不到庭或者未经仲裁庭许可中途退庭的,可以缺席裁决。 | ||
+ | |||
If the respondent fails, without justifiable reasons, to participate in the hearing upon a written notice, or quits the tribunal in the midst of the hearing without permission of the arbitration tribunal, a default award may be made. | If the respondent fails, without justifiable reasons, to participate in the hearing upon a written notice, or quits the tribunal in the midst of the hearing without permission of the arbitration tribunal, a default award may be made. | ||
+ | |||
第四十三条 | 第四十三条 | ||
+ | |||
Article 43 The parties shall produce evidence in support of their claims. | Article 43 The parties shall produce evidence in support of their claims. | ||
+ | |||
仲裁庭认为有必要收集的证据,可以自行收集。 | 仲裁庭认为有必要收集的证据,可以自行收集。 | ||
+ | |||
The arbitration tribunal may collect by itself any evidence it deems necessary to collect. | The arbitration tribunal may collect by itself any evidence it deems necessary to collect. | ||
+ | |||
第四十四条 | 第四十四条 | ||
+ | |||
Article 44 For specialized matters, an arbitral tribunal may submit them to an appraisal organ agreed upon by the parties or to the appraisal organ appointed by the arbitral tribunal if it deems such appraisal to be necessary. | Article 44 For specialized matters, an arbitral tribunal may submit them to an appraisal organ agreed upon by the parties or to the appraisal organ appointed by the arbitral tribunal if it deems such appraisal to be necessary. | ||
+ | |||
根据当事人的请求或者仲裁庭的要求,鉴定部门应当派鉴定人参加开庭。当事人经仲裁庭许可,可以向鉴定人提问。 | 根据当事人的请求或者仲裁庭的要求,鉴定部门应当派鉴定人参加开庭。当事人经仲裁庭许可,可以向鉴定人提问。 | ||
+ | |||
At the request of the parties concerned or of the arbitration tribunal, the appraisal department shall send an appraiser to the hearing. Upon the permission of the arbitration tribunal, the parties may ask the expert questions. | At the request of the parties concerned or of the arbitration tribunal, the appraisal department shall send an appraiser to the hearing. Upon the permission of the arbitration tribunal, the parties may ask the expert questions. | ||
+ | |||
第四十五条 | 第四十五条 | ||
+ | |||
Article 45 Any evidence shall be produced at the start of the hearing. The parties may challenge the validity of such evidence. | Article 45 Any evidence shall be produced at the start of the hearing. The parties may challenge the validity of such evidence. | ||
+ | |||
第四十六条 | 第四十六条 | ||
+ | |||
Article 46 In the event that the evidence might be destroyed or that it would be difficult to obtain the evidence later on, the parties may apply for preservation of the evidence. Where a party applies for preservation of evidence, the arbitration commission shall submit the application of the party to the basic people' | Article 46 In the event that the evidence might be destroyed or that it would be difficult to obtain the evidence later on, the parties may apply for preservation of the evidence. Where a party applies for preservation of evidence, the arbitration commission shall submit the application of the party to the basic people' | ||
+ | |||
第四十七条 | 第四十七条 | ||
+ | |||
Article 47 The parties shall have the right to debate during the course of arbitration. At the end of the debate, the chief arbitrator or the sole arbitrator shall seek the final opinions of the parties. | Article 47 The parties shall have the right to debate during the course of arbitration. At the end of the debate, the chief arbitrator or the sole arbitrator shall seek the final opinions of the parties. | ||
+ | |||
第四十八条 | 第四十八条 | ||
+ | |||
Article 48 An arbitral tribunal shall make a written record of the hearing. Where the parties and other participants in arbitration are of the view that there are omissions or errors in their statements recorded, they shall have the right to apply for addition and correction. If no supplementation is made, such application shall be recorded. | Article 48 An arbitral tribunal shall make a written record of the hearing. Where the parties and other participants in arbitration are of the view that there are omissions or errors in their statements recorded, they shall have the right to apply for addition and correction. If no supplementation is made, such application shall be recorded. | ||
+ | |||
笔录由仲裁员、记录人员、当事人和其他仲裁参与人签名或者盖章。 | 笔录由仲裁员、记录人员、当事人和其他仲裁参与人签名或者盖章。 | ||
+ | |||
The written record shall be signed or sealed by the arbitrators, | The written record shall be signed or sealed by the arbitrators, | ||
+ | |||
第四十九条 | 第四十九条 | ||
+ | |||
Article 49. After the parties concerned have applied for arbitration, | Article 49. After the parties concerned have applied for arbitration, | ||
+ | |||
第五十条 | 第五十条 | ||
+ | |||
Article 50 If the parties fall back on their words after the conclusion of a conciliation agreement and the withdrawal of the arbitration application, | Article 50 If the parties fall back on their words after the conclusion of a conciliation agreement and the withdrawal of the arbitration application, | ||
+ | |||
第五十一条 | 第五十一条 | ||
+ | |||
Article 51 The arbitral tribunal may mediate before making an award. Where the parties concerned are willing to undergo mediation, the arbitral tribunal shall conduct mediation. Where conciliation is unsuccessful, | Article 51 The arbitral tribunal may mediate before making an award. Where the parties concerned are willing to undergo mediation, the arbitral tribunal shall conduct mediation. Where conciliation is unsuccessful, | ||
+ | |||
调解达成协议的,仲裁庭应当制作调解书或者根据协议的结果制作裁决书。调解书与裁决书具有同等法律效力。 | 调解达成协议的,仲裁庭应当制作调解书或者根据协议的结果制作裁决书。调解书与裁决书具有同等法律效力。 | ||
+ | |||
Where an agreement is reached through mediation, the arbitration tribunal shall prepare a mediation statement or make an award based on the results of the agreement. The mediation statement and the arbitral award have the same legal effect. | Where an agreement is reached through mediation, the arbitration tribunal shall prepare a mediation statement or make an award based on the results of the agreement. The mediation statement and the arbitral award have the same legal effect. | ||
+ | |||
第五十二条 | 第五十二条 | ||
+ | |||
Article 52 A conciliation statement shall set forth the arbitration claims and the results of the agreement between the parties. The mediation statement shall be signed by the arbitrators, | Article 52 A conciliation statement shall set forth the arbitration claims and the results of the agreement between the parties. The mediation statement shall be signed by the arbitrators, | ||
+ | |||
调解书经双方当事人签收后,即发生法律效力。 | 调解书经双方当事人签收后,即发生法律效力。 | ||
+ | |||
The mediation agreement shall come into force upon signature by both parties. | The mediation agreement shall come into force upon signature by both parties. | ||
+ | |||
在调解书签收前当事人反悔的,仲裁庭应当及时作出裁决。 | 在调解书签收前当事人反悔的,仲裁庭应当及时作出裁决。 | ||
+ | |||
If one party retracts before signing and receiving a statement of mediation, an award shall be made promptly by the arbitration tribunal. | If one party retracts before signing and receiving a statement of mediation, an award shall be made promptly by the arbitration tribunal. | ||
+ | |||
第五十三条 | 第五十三条 | ||
+ | |||
Article 53 An award shall be made on the basis of the opinions of the majority of arbitrators, | Article 53 An award shall be made on the basis of the opinions of the majority of arbitrators, | ||
+ | |||
第五十四条 | 第五十四条 | ||
+ | |||
Article 54 The arbitration claims, the matters in dispute, the grounds upon which an award is given, the results of the judgment, the responsibility for the arbitration fees and the date of the award shall be set forth in the award. The facts of the dispute and the reasons on which the award is based may not be stated in writing if the parties so agree. The award shall be signed by arbitrators and affixed with the seal of the arbitration commission. An arbitrator with a different view on the award may either sign or not sign the award. | Article 54 The arbitration claims, the matters in dispute, the grounds upon which an award is given, the results of the judgment, the responsibility for the arbitration fees and the date of the award shall be set forth in the award. The facts of the dispute and the reasons on which the award is based may not be stated in writing if the parties so agree. The award shall be signed by arbitrators and affixed with the seal of the arbitration commission. An arbitrator with a different view on the award may either sign or not sign the award. | ||
+ | |||
第五十五条 | 第五十五条 | ||
+ | |||
Article 55 In arbitrating disputes, the arbitration tribunal may pass the ruling on part of the facts that have been made clear. | Article 55 In arbitrating disputes, the arbitration tribunal may pass the ruling on part of the facts that have been made clear. | ||
+ | |||
第五十六条 | 第五十六条 | ||
+ | |||
Article 56 The parties may, within 30 days of the receipt of the award, request the arbitration tribunal to correct any typographical errors, calculation errors or matters which had been awarded but omitted in the award. | Article 56 The parties may, within 30 days of the receipt of the award, request the arbitration tribunal to correct any typographical errors, calculation errors or matters which had been awarded but omitted in the award. | ||
+ | |||
第五十七条 | 第五十七条 | ||
+ | |||
Article 57 An award shall be legally effective on the date it is given. | Article 57 An award shall be legally effective on the date it is given. | ||
- | 第五章 申请撤销裁决 | + | |
+ | ====== | ||
+ | |||
Chapter 5 Application for Cancellation of an Award | Chapter 5 Application for Cancellation of an Award | ||
+ | |||
第五十八条 | 第五十八条 | ||
+ | |||
Article 58 The parties may apply to the intermediate people' | Article 58 The parties may apply to the intermediate people' | ||
+ | |||
(一)没有仲裁协议的; | (一)没有仲裁协议的; | ||
+ | |||
1. there is no arbitration agreement; | 1. there is no arbitration agreement; | ||
+ | |||
(二)裁决的事项不属于仲裁协议的范围或者仲裁委员会无权仲裁的; | (二)裁决的事项不属于仲裁协议的范围或者仲裁委员会无权仲裁的; | ||
+ | |||
2. the matters decided in the award exceed the scope of the arbitration agreement or are beyond the arbitral authority of the arbitration commission; | 2. the matters decided in the award exceed the scope of the arbitration agreement or are beyond the arbitral authority of the arbitration commission; | ||
+ | |||
(三)仲裁庭的组成或者仲裁的程序违反法定程序的; | (三)仲裁庭的组成或者仲裁的程序违反法定程序的; | ||
+ | |||
(III) The composition of the arbitration tribunal or the arbitration proceedings violate the legal proceedings; | (III) The composition of the arbitration tribunal or the arbitration proceedings violate the legal proceedings; | ||
+ | |||
(四)裁决所根据的证据是伪造的; | (四)裁决所根据的证据是伪造的; | ||
+ | |||
(IV) the evidence on which the award is based is forged; | (IV) the evidence on which the award is based is forged; | ||
+ | |||
(五)对方当事人隐瞒了足以影响公正裁决的证据的; | (五)对方当事人隐瞒了足以影响公正裁决的证据的; | ||
+ | |||
(V) the other party has concealed evidence that is sufficient to affect the impartial award; or | (V) the other party has concealed evidence that is sufficient to affect the impartial award; or | ||
+ | |||
(六)仲裁员在仲裁该案时有索贿受贿,徇私舞弊,枉法裁决行为的。 | (六)仲裁员在仲裁该案时有索贿受贿,徇私舞弊,枉法裁决行为的。 | ||
+ | |||
(VI) Arbitrators have accepted bribes, done malpractice for personal benefits and perverted the law in the arbitration of the case. | (VI) Arbitrators have accepted bribes, done malpractice for personal benefits and perverted the law in the arbitration of the case. | ||
+ | |||
人民法院经组成合议庭审查核实裁决有前款规定情形之一的,应当裁定撤销。 | 人民法院经组成合议庭审查核实裁决有前款规定情形之一的,应当裁定撤销。 | ||
+ | |||
The peoples' | The peoples' | ||
+ | |||
人民法院认定该裁决违背社会公共利益的,应当裁定撤销。 | 人民法院认定该裁决违背社会公共利益的,应当裁定撤销。 | ||
+ | |||
The people' | The people' | ||
+ | |||
第五十九条 | 第五十九条 | ||
+ | |||
Article 59 If a party applies for setting aside an award, an application shall be submitted within 6 months after receipt of the award. | Article 59 If a party applies for setting aside an award, an application shall be submitted within 6 months after receipt of the award. | ||
+ | |||
第六十条 | 第六十条 | ||
+ | |||
Article 60 The people' | Article 60 The people' | ||
+ | |||
第六十一条 | 第六十一条 | ||
+ | |||
Article 61 If the people' | Article 61 If the people' | ||
- | 第六章 执 行 | + | |
+ | ====== | ||
Chapter 6 Enforcement | Chapter 6 Enforcement | ||
+ | |||
第六十二条 | 第六十二条 | ||
+ | |||
Article 62 The parties shall execute an award. If one party fails to do so, the other party may apply to a people' | Article 62 The parties shall execute an award. If one party fails to do so, the other party may apply to a people' | ||
+ | |||
第六十三条 | 第六十三条 | ||
+ | |||
Article 63 A people' | Article 63 A people' | ||
+ | |||
第六十四条 | 第六十四条 | ||
+ | |||
Article 64 If one party applies for enforcement of an award while the other party applies for cancellation of the award, the people' | Article 64 If one party applies for enforcement of an award while the other party applies for cancellation of the award, the people' | ||
+ | |||
人民法院裁定撤销裁决的,应当裁定终结执行。撤销裁决的申请被裁定驳回的,人民法院应当裁定恢复执行。 | 人民法院裁定撤销裁决的,应当裁定终结执行。撤销裁决的申请被裁定驳回的,人民法院应当裁定恢复执行。 | ||
+ | |||
If a people' | If a people' | ||
+ | |||
第七章 涉外仲裁的特别规定 | 第七章 涉外仲裁的特别规定 | ||
+ | |||
Chapter 7 Special Provisions for Foreign-Related Arbitration | Chapter 7 Special Provisions for Foreign-Related Arbitration | ||
+ | |||
第六十五条 | 第六十五条 | ||
+ | |||
Article 65 The provisions of this Chapter shall apply to arbitration of disputes arising from foreign economic, trade, transportation and maritime matters. For matters not covered in this Chapter, other relevant provisions of this Law shall apply. | Article 65 The provisions of this Chapter shall apply to arbitration of disputes arising from foreign economic, trade, transportation and maritime matters. For matters not covered in this Chapter, other relevant provisions of this Law shall apply. | ||
+ | |||
第六十六条 | 第六十六条 | ||
+ | |||
Article 66 A foreign arbitration commission may be organized and established by the China International Chamber of Commerce. | Article 66 A foreign arbitration commission may be organized and established by the China International Chamber of Commerce. | ||
+ | |||
涉外仲裁委员会由主任一人、副主任若干人和委员若干人组成。 | 涉外仲裁委员会由主任一人、副主任若干人和委员若干人组成。 | ||
+ | |||
A foreign arbitration commission shall consist of one chairman, several vice-chairmen and a number of committee members. | A foreign arbitration commission shall consist of one chairman, several vice-chairmen and a number of committee members. | ||
+ | |||
涉外仲裁委员会的主任、副主任和委员可以由中国国际商会聘任。 | 涉外仲裁委员会的主任、副主任和委员可以由中国国际商会聘任。 | ||
+ | |||
The chairman, vice-chairmen and members of a foreign arbitration commission may be appointed by the China International Chamber of Commerce. | The chairman, vice-chairmen and members of a foreign arbitration commission may be appointed by the China International Chamber of Commerce. | ||
+ | |||
第六十七条 | 第六十七条 | ||
+ | |||
Article 67 A foreign arbitration commission may appoint foreigners with professional knowledge in law, economy and trade, science and technology and other fields as arbitrators. | Article 67 A foreign arbitration commission may appoint foreigners with professional knowledge in law, economy and trade, science and technology and other fields as arbitrators. | ||
+ | |||
第六十八条 | 第六十八条 | ||
+ | |||
Article 68 In the event that the parties to a foreign-related arbitration apply for evidence preservation, | Article 68 In the event that the parties to a foreign-related arbitration apply for evidence preservation, | ||
+ | |||
第六十九条 | 第六十九条 | ||
+ | |||
Article 69 The arbitration tribunal of a foreign arbitration commission may record the details of the hearing in writing or record the essentials of the hearing in writing. The written record of the essentials shall be signed or sealed by the parties and other participants in the arbitration. | Article 69 The arbitration tribunal of a foreign arbitration commission may record the details of the hearing in writing or record the essentials of the hearing in writing. The written record of the essentials shall be signed or sealed by the parties and other participants in the arbitration. | ||
+ | |||
第七十条 | 第七十条 | ||
+ | |||
Article 70 A people' | Article 70 A people' | ||
+ | |||
第七十一条 | 第七十一条 | ||
+ | |||
Article 71 A people' | Article 71 A people' | ||
+ | |||
第七十二条 | 第七十二条 | ||
+ | |||
Article 72 If a party applies for enforcement of a legally effective arbitral award made by the foreign arbitration commission and the opposite party or his property is not within the territory of the People' | Article 72 If a party applies for enforcement of a legally effective arbitral award made by the foreign arbitration commission and the opposite party or his property is not within the territory of the People' | ||
+ | |||
第七十三条 | 第七十三条 | ||
+ | |||
Article 73 Foreign-related arbitration rules may be formulated by the China International Chamber of Commerce in accordance with this Law and the relevant provisions of the Civil Procedure Law. | Article 73 Foreign-related arbitration rules may be formulated by the China International Chamber of Commerce in accordance with this Law and the relevant provisions of the Civil Procedure Law. | ||
- | 第八章 附 则 | + | |
+ | ====== | ||
+ | |||
Chapter 8 Supplementary Provisions | Chapter 8 Supplementary Provisions | ||
+ | |||
第七十四条 | 第七十四条 | ||
+ | |||
Article 74 Where the law contains provisions on the limitation of arbitration, | Article 74 Where the law contains provisions on the limitation of arbitration, | ||
+ | |||
第七十五条 | 第七十五条 | ||
+ | |||
Article 75 An arbitration commission may formulate provisional arbitration rules in accordance with this Law and the relevant provisions of the Civil Procedure Law before the formulation of the arbitration rules by the China Arbitration Association. | Article 75 An arbitration commission may formulate provisional arbitration rules in accordance with this Law and the relevant provisions of the Civil Procedure Law before the formulation of the arbitration rules by the China Arbitration Association. | ||
+ | |||
第七十六条 | 第七十六条 | ||
+ | |||
Article 76 The parties shall pay arbitration fees in accordance with the relevant provisions. | Article 76 The parties shall pay arbitration fees in accordance with the relevant provisions. | ||
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收取仲裁费用的办法,应当报物价管理部门核准。 | 收取仲裁费用的办法,应当报物价管理部门核准。 | ||
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The schedule of arbitration fees shall be submitted for approval by the price control authority. | The schedule of arbitration fees shall be submitted for approval by the price control authority. | ||
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第七十七条 | 第七十七条 | ||
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Article 77 Arbitration of labor disputes and disputes over contracts for undertaking agricultural projects within agricultural collective economic organizations shall be separately stipulated. | Article 77 Arbitration of labor disputes and disputes over contracts for undertaking agricultural projects within agricultural collective economic organizations shall be separately stipulated. | ||
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第七十八条 | 第七十八条 | ||
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Article 78 In the event of conflict between the provisions on arbitration formulated before the coming into effect of this Law and the provisions of this Law, the provisions of this Law shall prevail. | Article 78 In the event of conflict between the provisions on arbitration formulated before the coming into effect of this Law and the provisions of this Law, the provisions of this Law shall prevail. | ||
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第七十九条 | 第七十九条 | ||
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Article 79 Arbitration organs established before the coming into effect of this Law in the municipalities directly under the Central Government, in the municipalities where the people' | Article 79 Arbitration organs established before the coming into effect of this Law in the municipalities directly under the Central Government, in the municipalities where the people' | ||
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本法施行前设立的不符合本法规定的其他仲裁机构,自本法施行之日起终止。 | 本法施行前设立的不符合本法规定的其他仲裁机构,自本法施行之日起终止。 | ||
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Other arbitration bodies established prior to the implementation of this Law which do not comply with the provisions of this Law shall terminate on the date of implementation of this Law. | Other arbitration bodies established prior to the implementation of this Law which do not comply with the provisions of this Law shall terminate on the date of implementation of this Law. | ||
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第八十条 | 第八十条 | ||
- | Article 80 This Law shall go into effect as of September 1, 1995. | ||
+ | Article 80 This Law shall go into effect as of September 1, 1995. |