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 II Arbitration Proceedings

Section 3 Burden of Proof and Time limits

Article 34 The parties shall submit evidence to prove the facts on which their claims, defenses and counter-claims are based.
If any party fails to submit the evidence, or, if the evidence submitted by the party is not sufficient to prove the allegation, the party having the burden of proof shall bear the ensuing adverse consequence.

Article 35 As the case may require, the arbitration tribunal may send Notice of Proof to the parties, informing the proof allocation principle, the requirement of proof, the time limits, the legal consequence of delayed submission of evidence, the non-submission of evidence and non-persuasion. Subject to the confirmation of the arbitration tribunal, the time limits may be scheduled by the agreement of the parties.
The parties shall submit evidence within the time limits, otherwise they shall be considered as giving up the right to submitting evidence. The arbitration tribunal may refuse to accept the evidence which is submitted beyond the time limits. The parties may apply for extension before the expiration of the period where they indeed have difficulty in submitting evidence in the time limits.
Where it is proved by evidence that certain evidence being in possession of one party, but without justified reason that party refuses to submit the said evidence, presumption can be made that the evidence is against the possessor if the opposite party so alleges.

Article 36 Where the parties are unable to collect evidence by themselves for objective reasons, they can apply to the arbitration tribunal for evidence investigation and collection, and the arbitration tribunal shall decide whether so permits. The arbitration tribunal may undertake investigations and collect evidences on its own initiative if necessary.
When investigating and collecting evidence by itself, the arbitration tribunal shall promptly inform the parties to be present if it considers necessary. Should one party or both parties fail to appear, the investigation and collection of evidence shall not be affected.
If any party applies for the presence of a witness, including a natural person, a legal person or other organizations, to appear at the oral hearing in order to clarify the facts and protect the legitimate rights and interests of parties concerned, the arbitration tribunal has the power to decide whether so permits.
No party is allowed to entrust the same person as an attorney and invite him or her work simultaneously as a witness in the same arbitration case.

Article 37 Where a party applies for the presence of a witness at the oral hearing, it shall inform the Secretariat in writing 5 days prior to the oral hearing or within the time limits designated by the arbitration tribunal.
The witness shall submit necessary identification proof when appearing at the oral hearing, subject himself or herself to the inquiry of the parties and their attorneys and answer the questions raised by the parties and their attorneys. The procedure to be applied shall be determined by the arbitration tribunal.