WHEREAS

1.The China Maritime Arbitration Commission (hereinafter referred to as the CMAC) has the function of organizing the arbitration procedures in the field of maritime law, transportation and logistics;

2.The Arbitration and Mediation Center of the Valparaíso Chamber of Commerce (hereinafter referred to as the CAM V) founded in the Year 2005 the Maritime Arbitration Department (hereinafter referred to as the MARD) in order to achieve the same purpose;

3. Chile and China entered into a Free Trade Agreement in November 18th, 2005 (hereinafter, the “FTA”), with the purpose, inter alias, of promoting reciprocal trade through the establishment of clear and mutually advantageous trade rules, sharing the belief that such FTA shall benefit both countries, and

4.Trade between China and Chile entails maritime transportation;

THE PARTIES

CHINA MARITIME ARBITRATION COMMISSION (CMAC)

AND

THE ARBITRATION AND MEDIATION CENTER OF THE VALPARAíSO CHAMBER OF COMMERCE (CAM V),

IN ORDER TO

Contribute to the resolution of the disputes arising from transportation and navigation by sea between China and Chile;

Protect the legitimate rights and interests of the parties concerned, and

Promote the development of maritime commerce, economy and trade,

 

AFTER FRIENDLY NEGOTIATIONS,

The Parties have entered into the following arbitration cooperation agreement (hereinafter, the Arbitration Cooperation Agreement or ACA).

 

ARTICLE 1 

The Parties shall support and encourage the human persons and legal bodies who are engaged in economic and trade activities and in carriage of goods by sea between China and Chile (whether directly or through third countries) to incorporate into their contracts and deals:
　　1.1 The compromise to resolve their Maritime Disputes in a friendly way, i.e. by conciliation and arbitration, and
　　1.2 An arbitration clause, submitting those Maritime Disputes to the arbitration procedures of CMAC and/or CAM V, should the friendly resolution of their disputes fail.

ARTICLE 2 

Should any of the parties involved in a Maritime Dispute wish to submit it to arbitration before CMAC or CAM V, the Parties shall provide the information and materials of the CMAC or CAM V, and shall also provide necessary assistance to the other Party to this Arbitration Cooperation Agreement.

ARTICLE 3 

The Parties may recommend arbitrators to each other. The arbitrators recommended shall meet the qualification requirements imposed by CMAC and/or CAM V and will become the formal arbitrators upon their approval.

The Parties, when necessary, may send delegations and/or information to each other for exchange of arbitration theory and practice.

ARTICLE 4

At the request of one Party, the other Party to this Agreement shall provide the information and materials concerning recognition and enforcement of arbitral awards in its country, in accordance with the United Nations Convention of 1958 on Recognition and Enforcement of Foreign Arbitral Awards, among others.

ARTICLE 5

The Parties shall exchange with each other the information and materials on commercial and maritime legislation, as well as the activities of the relevant arbitration body(ies) and procedures in their respective countries.

ARTICLE 6

The Parties shall make a wider use of their respective potentials in international commercial and maritime arbitration, with an aim of increasing cooperation in that field and to promote the use of arbitration to resolve maritime disputes.

ARTICLE 7

Upon request, the Parties shall provide each other facilities or administrative service necessary for conducting arbitrations.

Upon request, the parties shall provide each other access to their premises, logistics, staff and services in order to receive the depositions of witnesses, experts, and other testimonies to be taken in their respective country. This shall include the service of translators and other assistance, if possible.

The costs incurred shall be borne by the Party who makes the request.

THIS AGREEMENT IS DONE IN BEIJING AND VALPARAISO IN OCTOBER OF 2006, IN TWO AUTHENTIC COPIES IN THE ENGLISH LANGUAGE. IN WITNESS THEREOF, THE AUTHORIZED REPRESENTATIVES OF THE PARTIES HAVE APPENDED THEIR SIGNATURES TO THIS AGREEMENT.

 

Signed
___________________________
CHAIRMAN OF CHINA CHAMBER OF INTERNATIONAL COMMERCE
CHINA MARITIME ARBITRATION COMMSSION
　CHARMAIN
DATE:

Signed
___________________________
VALPARAISO CHAMBER OF COMMERCE A.G.
CáMARA REGIONAL DEL COMERCIO Y PRODUCCIóN DE VALPARAíSO CHARMAIN
DATE:

Signed
___________________________
ARBITRATION AN MEDIATION CENTER
OF THE VALPARAISO CHAMBER OF COMMERCE A.G.
CENTRO DE ARBITRAJE Y MEDIACIóN DE LA CáMARA REGIONAL DEL COMERCIO Y PRODUCCIóN DE VALPARAíSO A.G.
CHARMAIN
DATE: