Fishery Dispute Resolution Center of China Maritime Arbitration Commission

In order to impartially and fairly resolve disputes arising from fishery, by means of arbitration, and promote development of the fishery production, CMAC set up the Fishery Dispute Resolution Center within its Shanghai Sub-Commission in January 2003.

CMAC Fishery Dispute Resolution Center takes cognizance of cases relating to disputes arising from recovery of marine traffic accident, fishing and cultivating, and fishing nets; and disputes arising from ship-building, repairing, sale, insurance, leasing, mortgage and loan of fishing vessels; and the disputes arising from the contract and management of foreland; and other disputes involving fishery.

CMAC selects and appoints experts from fishery and other relevant fields as arbitrators of CMAC Fishery Dispute Resolution Center, maintaining a special Panel of Arbitrators in Fishery. According to the features of fishery disputes, CMAC has formulated Special Provisions on Fishery Disputes Cases of CMAC Arbitration Rules, simplifying the arbitration procedure, and reducing the arbitration fee.

Arbitration Rules
Adopted on April 4, 2003 by China Chamber of International Commerce

Effective as from May 8, 2003

Article 1 These Provisions are formulated for the purpose of protecting the legitimate rights and interests of the parties, by means of arbitration, resolving the disputes arising from the fishery impartially and quickly.

Article 2 These Provisions are applicable to the disputes arising from the recovery of marine traffic accident, fishing and cultivating, fishing nets; and disputes arising from ship-building, repairing, sale, insurance, leasing, mortgage and loan of fishing vessels; and the disputes arising from the contract and management of foreland; and other disputes involving fishery.

Article 3 China Maritime Arbitration Commission (hereinafter refer to as “Arbitration Commission”) Arbitration Rules shall apply to the cases if no relevant provisions contained in these Provisions.

Article 4 Arbitration Commission selects and appoints experts from fishery and relevant fields as arbitrators and maintains a special Panel of Arbitrators in Fishery. Each of the parties shall appoint arbitrator from among the arbitrators on the Panel of Arbitrators in Fishery.

Article 5 Both parties shall jointly appoint one sole arbitrator within 7 days from the date on which the Notice of Arbitration is received, when the Summary Procedure of CMAC Arbitration Rules is applicable. In case the parties fail to jointly appoint one sole arbitrator within the time limit, the Chairman of the Arbitration Commission shall make such appointment.

Article 6 When an application is submitted for arbitration on the basis of amiable agreement or conciliation agreement, the parties may jointly appoint or jointly request the Arbitration Commission to appoint one sole arbitrator to render legally an arbitration award in accordance with the contents of the amiable agreement or conciliation agreement.

Article 7 The party, when submitting his application for arbitration, shall pay an arbitration fee in advance to the Arbitration Commission according to the Arbitration Fee Schedule for Fishery Disputes.

Article 8 The power to interpret these Provisions is vested in the Arbitration Commission.

(Effective as from May 8, 2003)

If no amount of claim is stated or extraordinary circumstance prevails when applying for arbitration, the amount of arbitration fee shall be determined by the Secretariat of the Arbitration Commission.

In addition to the collection of arbitration fee according to this Schedule, the Arbitration Commission may, according to the cases, collect reasonable actual expenses for the arbitrators and the secretary.