CMAC

Article 13 The arbitration proceedings shall commence from the date on which the Notice of Arbitration is sent out by the Arbitration Commission or the Sub-Commission.

Article 14 The Claimant, when submitting his Application for Arbitration, shall
(1) Submit an Application for Arbitration which shall specify:
(a) The name and address of the Claimant and those of the Respondent, including the zip code, telephone number, telex number, fax number and cable number or other electronic communication address, if any;
(b) The arbitration agreement relied upon by the Claimant;
(c) The facts of the case and the main points of dispute;
(d) The Claimant's claim along with underlying facts and evidence.
The Application for Arbitration shall be signed and/or stamped by the Claimant and/or the attorney authorized by the Claimant.
(2) Append to the Application for Arbitration the relevant documentary evidence on which the Claimant's claim is based.
(3) Pay an arbitration fee in advance to the Arbitration Commission according to its Arbitration Fee Schedule.

Article 15 Where after receipt of the Application for Arbitration and its attachments, the Secretariat finds upon examination that the Claimant has not completed the formalities required for arbitration, the Secretariat shall require the Claimant to complete them, and when the Secretariat finds that the Claimant has completed the formalities, the Secretariat shall immediately send to the Respondent a Notice of Arbitration together with one copy each of the Claimant's Application for Arbitration and its attachments as well as the Arbitration Rules, the Panel of Arbitrators and the Arbitration Fee Schedule of the Arbitration Commission, and shall simultaneously send to the Claimant one copy each of the Notice of Arbitration, the Arbitration Rules, the Panel of Arbitrators and Arbitration Fee Schedule.
The Secretariat, when sending the Notice of Arbitration to the Claimant and Respondent, shall appoint one of its staff-members to take charge of procedural administration of the case.

Article 16 The Respondent shall, within 30 days from the date of receipt of the Notice of Arbitration, submit his written defense with clearly-stated facts, reasons and relevant documentary evidence to the Secretariat. Beyond the specified time limit, the arbitration tribunal is entitled to decide whether to accept the written defense.

Article 17 The Respondent shall, within 30 days from the date of receipt of the Notice of Arbitration, lodge with the Secretariat his counterclaim in writing, if any. The arbitration tribunal may, at request, extend that time limit if it considers that there is a justified reason.
When lodging a counterclaim, the Respondent shall state in his written counterclaim his specific claim, reasons for his claim and the related facts and evidence for his claim, and shall attach to his written counterclaim the relevant documentary evidence.
When lodging a counterclaim, the Respondent shall pay an arbitration fee in advance according to the Arbitration Fee Schedule of the Arbitration Commission.

Article 18 The Claimant may request to amend his claim whilst the Respondent may request to amend his counterclaim. However the arbitration tribunal may refuse such a request for amendment if it considers that it is too late to raise the request as the amendment may affect the normal process of the arbitration proceedings.

Article 19 The parties shall submit, in quintuplicate, application for arbitration, written defense, statement of counterclaim, relevant documentary evidence and other documents. If the number of the parties exceeds two, additional copies shall be submitted accordingly; if the arbitration tribunal is composed of only one member, two sets of copies may be saved.

Article 20 Neither the Respondent fails to file his defense in writing nor the Claimant fails to submit his written defense against the Respondent's counterclaim shall affect the process of the arbitration proceedings.

Article 21 The parties may authorize arbitration agents to deal with the matters relating to arbitration; the authorized attorney must produce a Power of Attorney to the Arbitration Commission or Sub-Commission.
Chinese and foreign citizens can be authorized to act as arbitration agents.

Article 22 The arbitral tribunal may, upon the agreement in writing made by parties, decide to hear in combination two or more than two cases of which the subject-matters are the same or related to each other.

Article 23 When a party applies for preservation of maritime claim or preservation of other property, the Arbitration Commission or Sub-Commission shall submit the party's application to the maritime court or other people's court at the place of the Respondent's domicile or at the place of the property is located. Where a party applies for preservation of maritime claim or preservation of other property before the commencement of arbitration proceedings, he shall, according to the provisions of Chapter III of "Maritime Procedure Law of the People's Republic of China" or other provisions concerned, submit the application directly to the maritime court or other people's court at the place of the property subject to preservation.
When a party applies for preservation of evidence, the Arbitration Commission or Sub-Commission shall submit the party's application to the maritime court or other people's court at the place where the evidence to be preserved is located. Where a party applies for preservation of evidence before the commencement of arbitration proceedings, he shall, according to the provisions of Chapter V of "Maritime Procedure Law of the People's Republic of China" or other provisions concerned, submit his application directly to the maritime court or other people's court at the place where the evidence to be preserved is located.
When a party applies for a maritime injunction, the Arbitration Commission or Sub-Commission shall submit the party's application to the maritime court at the place where the maritime dispute arises. Where a party applies for a maritime injunction before the commencement of the arbitration proceedings, he shall, according to the provisions of Chapter IV of "Maritime Procedure Law of the People's Republic of China", submit his application directly to the maritime court at the place where the maritime dispute arises.

Article 24 When a party applies for establishment of a limitation fund for maritime claims, the Arbitration Commission or Sub-Commission shall submit the party's application to the maritime court at the place of accident, the place of performance of the contract or the place of ship arrest. Where a party applies for establishment of a limitation fund for maritime claims before the commencement of the arbitration proceedings, he shall, according to the provisions of Chapter IV of "Maritime Procedure Law of the People's Republic of China", submit his application directly to the maritime court at the place of the accident, the place of performance of the contract or the place of ship arrest.