|
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 5 Award
Article 59 The arbitration tribunal shall
render an award within 6 months as from the date on which the arbitration
tribunal is formed. The Secretary-General of the Arbitration Commission
may extend this time limit at the request of the arbitration tribunal
if the Secretary-General of the Arbitration Commission considers the
request justifiable and really necessary.
Article 60 The arbitration tribunal shall
independently and impartially make its award on the basis of the facts,
in accordance with the law and the terms of the contracts, with reference
to international practices and in compliance with the principle of fairness
and reasonableness.
Article 61 where an arbitration tribunal
composed of three arbitrators hears a case, the award shall be rendered
in accordance with the opinion of the unanimity or the majority of the
arbitrators and the minority opinion and reason may be recorded on file
and written in the award.
When the arbitration tribunal cannot attain a majority opinion, the
award shall be rendered in accordance with the presiding arbitrator's
opinion. The different opinions of other arbitrators may be recorded
on file and written in the award.
Article 62 The arbitration tribunal shall
state in the award the claims, the facts of the dispute, the reasons
for making the award, the result of the award, the allocation of the
arbitration fees and costs, the date and the place of the award. The
facts of the dispute and the reasons for making the award may not be
stated in the award if the parties have so agreed or the award is made
in accordance with the contents of the agreement on amicable settlement
reached between the parties.
Article 63 The arbitrators shall submit
their draft award to the Arbitration Commission before signing the award.
The Arbitration Commission may remind the arbitrators of any issue related
to the form of the award provided that the arbitrator's independence
in respect of making a decision is not affected.
The arbitrators shall sign the award. The official seal of the Arbitration
Commission shall be affixed to the award. The date on which the award
is made is the date on which the award comes into legal effect.
If the arbitrators with different opinions in article 61 do not sign
or do not give the reasons of his different opinion, the making and
enforcing of the award shall not be affected.
Article 64 The arbitration tribunal may,
at any time in the course of arbitration before the final award is made,
make an interlocutory award or a partial award on any issue of the case
if it considers it necessary or agrees to such a request made by a party.
Either party's failure to perform the interlocutory award does not affect
the continuation of the arbitration proceedings and the making of the
final award by the arbitration tribunal.
Article 65 The arbitration tribunal has
the power to determine in the award the arbitration fee and other expenses
to be eventually paid by the party or the parties to the Arbitration
Commission.
Article 66 The arbitration tribunal has
the power to decide in the award that the losing party shall pay the
winning party as compensation a proportion of the expenses reasonably
incurred by the winning party in dealing with the case. The amount of
such compensation shall not in any case exceed 10% of the total amount
awarded to the winning party.
Article 67 The award is final and binding
upon both disputing parties. Neither party may bring a suit before a
law court or make a request to any other organization for revising the
award.
Article 68 Either party may request in writing
that a correction be made to the writing, typing, calculating and similar
errors contained in the award within 30 days from the date of receipt
of the award; if there is really an error in the award, the arbitration
tribunal shall make a correction in writing within 30 days form the
date of receipt of the written request for correction. The arbitration
tribunal may by itself make a correction in writing within 30 days from
the date on which the award is issued. The correction in writing forms
a part of the award.
Article 69 In case anything that should
be awarded has been omitted in the award, either of the parties may
make a request in writing to the arbitration tribunal for an additional
award within 30 days from the date on which the award is received. If
something which shall be awarded is really omitted, the arbitration
tribunal shall make an additional award within 30 days from the date
of receipt of the request in writing for an additional award. The arbitration
tribunal may by itself make an additional award within 30 days from
the date on which the award is issued. The additional award forms a
part of the award which has been previously issued.
Article 70 The parties must automatically
execute the award within the time limit specified in the award. If no
time limit is specified in the award, the parties shall carry out the
award immediately.
In case one party fails to execute the award, the other party may apply
to the Chinese court for enforcement of the award pursuant to Chinese
law or apply to the competent foreign court for enforcement of the award
according to the 1958 Convention on Recognition and Enforcement of Foreign
Arbitral Awards or other international treaties that China has concluded
or acceded.
|