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China Maritime Arbitration Commission Arbitration
Rules
(Revised and Adopted on July 5, 2004 by China Chamber of
International Commerce
Effective as from October 1, 2004 )
Chapter I General Provisions
Section 2 Organization
Article 8 The Arbitration Commission shall
have one honorary Chairman and several advisers.
Article 9 The Arbitration Commission is
composed of one Chairman, several Vice-Chairmen and a number of Commission
members. The Chairman performs the functions and duties vested in him
by these Rules and the Vice-Chairmen may perform the Chairman's functions
and duties with the Chairman's authorization.
Article 10 The Arbitration Commission shall
maintain a Panel of Arbitrators. The arbitrators shall be selected and
appointed by the Arbitration Commission from among Chinese and foreign
personages with special knowledge and practical experience in the fields
of marine, maritime, logistics, insurance, law and other fields. The
Arbitration Commission may maintain a Panel of Arbitrators in special
academy, if necessary.
Article 11 The Arbitration Commission
is based in Beijing. The Arbitration Commission has a Sub-Commission
in Shanghai. The Sub-Commission can take cognizance of and handles cases.
The Arbitration Commission may, according to the growing need for arbitration
service, set up its Sub-Commissions or liaison offices in other places
within China's territory.
The Arbitration Commission and the Sub-Commission shall have respective
Secretariats, and the Secretariats shall have respective Secretary-Generals.
The Secretariat of The Arbitration Commission and the Secretariat of
the Sub-Commission (hereinafter referred to as the Secretariat, except
referred clearly) handle their day-to-day work under the leadership
of the Secretary-Generals respectively.
Liaison offices are organs of the Arbitration Commission for public
relations, consultancy and liaison, and are, under the unified leadership
of the Arbitration Commission, engaged in publicity, investigation and
research and consultancy in respect of maritime arbitration. The offices
shall assist the Arbitration Commission in arranging oral hearings held
in their locality, but they shall not take cognizance of any case, collect
fees or charges, nor shall they examine or hear any case.
The Arbitration Commission shall have Logistics Disputes Resolution
Center and Fishery Disputes Resolution Center.
Article 12 These Rules uniformly apply to
the Arbitration Commission and its Sub-Commission. When arbitration
proceedings are conducted in the Sub-Commission, the functions and duties
under these Rules to be carried out by the Chairman, the Secretariat
and the Secretary-General of the Arbitration Commission shall be performed
by the Vice-Chairman as authorized by the Chairman, the Secretariat
and Secretary-General of the Sub-Commission respectively.
The parties may agree to have their dispute arbitrated by the Arbitration
Commission in Beijing or by the Sub-Commission in the place where the
Sub-Commission locates. In the absence of such agreement, the Claimant
will have the option to submit the case to the Arbitration Commission
or Sub-Commission. When both parties submit the case, the first choice
should be final. In case of any dispute, the Arbitration Commission
will make a decision accordingly.
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