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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.