CMAC

Article 25 The same Panel of Arbitrators shall be used in Arbitration Commission and its Sub-Commission.
Where a case submitted to China Maritime Arbitration Commission or its Logistics Dispute Resolution Center, the parties and the Chairman of the Arbitration Commission may appoint proper arbitrators from among the arbitrators on the Panel of Arbitrators of China Maritime Arbitration Commission or from among the arbitrators on the Panel of Arbitrators in Logistics.
In case of the fishery disputes, the arbitrators can only be appointed from among the arbitrators on the Panel of Arbitrators in Fishery.

Article 26 The Claimant and Respondent shall appoint one arbitrator respectively from among the arbitrators on the Panel of the Arbitration Commission or entrust the Chairman of the Arbitration Commission to appoint one arbitrator within 15 days from the day of receipt of the Notice of Arbitration. The Claimant and the Respondent shall jointly appoint or jointly entrust the Chairman to appoint a third arbitrator as the presiding arbitrator.
Where the Claimant or Respondent fails to appoint or fails to entrust the chairman of the Arbitration Commission to appoint an arbitrator respectively within 15 days from the day of receipt of the Notice of Arbitration, the Chairman of the Arbitration Commission shall make such appointment.
In case the parties fail to jointly appoint or jointly entrust the Chairman of the Arbitration Commission to appoint the presiding arbitrator within 15 days from the date on which the Respondent receives the Notice of Arbitration, the presiding arbitrator shall be appointed by the Chairman of the Arbitration Commission. The presiding arbitrator and the two arbitrators as appointed above shall jointly form an arbitration tribunal to jointly hear the case.
The parties may, within the time limit stipulated by the paragraph above, nominate more than one candidate for the presiding arbitrator from the presiding arbitrator candidate list provided by the Arbitration Commission. The candidate nominated by both parties shall act as the presiding arbitrator. If more than one candidate are nominated by both parties, the Chairman of the Arbitration Commission shall appoint one from them as the presiding arbitrator.

Article 27 Both parties may agree to jointly appoint or jointly authorize the Chairman of the Arbitration Commission to appoint an arbitrator from the arbitrators on the Panel as the sole arbitrator to form an arbitration tribunal to hear the case alone.
If both parties have agreed on a sole arbitrator to hear their case alone but have failed to agree on the choice of such a sole arbitrator within 15 days from the date of receipt by the Respondent of the Notice of Arbitration in the way provided in Article 26, the Chairman of the Arbitration Commission shall make the appointment.

Article 28 When there are two or more Claimants and/or Respondents in an arbitration case, the Claimants' side or the Respondents' side each shall, through consultation, appoint or entrust the Chairman of the Arbitration Commission to appoint one arbitrator from among the Panel of Arbitrators of the Arbitration Commission.
If the Claimants' side or the Respondents' side fails to make such appointment or entrustment within 15 days as from the date on which the Respondents' side receives the Notice of Arbitration, the appointment shall be made by the Chairman of the Arbitration Commission.

Article 29 The arbitrators shall sign the Arbitrator's Declaration if they accept the appointment by the parties or the Chairman of the Arbitration Commission. The Declaration shall be delivered to the parties.

Article 30 If one of the following circumstances happened to the arbitrators, the appointed arbitrator shall himself dispose such circumstances to the Arbitration Commission and request a withdrawal from his office:
a. the arbitrator is one of the parties or relative or attorney of the party;
b. the arbitrator has any interests related to the case;
c. the arbitrator has other relationship with the party or the attorney which may affect the impartiality of the arbitration;
d. the arbitrator has met the party or the attorney privately, or accepted invitation or gifts from the party or the attorney.

Article 31 Any party who has justified reasons to suspect the impartiality and independence of an arbitrator may make request in writing to the Arbitration Commission for that arbitrator's withdrawal. In the request, the facts and reasons on which the request is based shall be stated with the supporting evidence provided.
A challenge against an arbitrator must be put forward in writing no later than the first oral hearing. If the grounds for the challenge comes out or are made known after the first oral hearing, the time of raising challenge is not subject to such restriction.
In cases without oral hearing, the challenge against an arbitrator must be put forward in writing no later than the first submission of written statement of substantive defense. If the grounds for the challenge comes out or are made known thereafter, the time of raising challenge is not subject to such restriction.

Article 32 The Chairman of the Arbitration Commission shall decide on the withdrawal of the challenged arbitrator.
Before the Chairman of the Arbitration Commission makes a decision on whether the challenged arbitrator should be withdrawn, the arbitrator shall proceed with his function.

Article 33 If an arbitrator cannot perform his duty owing to withdrawal, demise, removal or other reasons, a substitute arbitrator shall be appointed in accordance with the procedure whereby the replaced arbitrator was appointed.
After the appointment of the substitute arbitrator, the arbitration tribunal has discretion to decide whether the whole or part of the previous hearings shall be repeated.