CMAC

Article 38 The arbitration tribunal will hold oral hearings. At the request of the parties or their consent, the arbitration tribunal may, if it also considers oral hearings unnecessary, hear and decide a case on the basis of documents only.
The arbitration tribunal shall treat the parties fairly and impartially, giving each party reasonable opportunity to present its case and make arguments.
During the process of arbitration proceedings, the arbitration tribunal may issue procedural orders, send out questionnaires, hold meetings before hearing, convene preliminary hearings, draw up Terms of Reference, etc..

Article 39 The arbitration tribunal in consultation with the secretariat of the Arbitration Commission shall decide the date of the first oral hearing. The Secretariat shall notify the parties of the decision 15 days before the date of the hearing. Any party having justified reasons may request a postponement of the hearing, but a written request must be submitted to the secretariat of the Arbitration Commission 7 days before the date of the hearing. The arbitration tribunal will then decide whether to postpone the hearing or not.

Article 40 The notice of the date of hearing subsequent to the first oral hearing and the date of postponed hearing is not subject to the 15-day time limit provided in Article 39.

Article 41Where the parties have agreed on the place of arbitration, the oral hearing of the arbitration case shall be held in that place.
The cases taken cognizance of by the Arbitration Commission or Sub-Commission shall be heard in the locus of the Arbitration Commission or Sub-Commission, or may be heard in other places with the approval of the Secretary-General of the Arbitration Commission or the Secretary-General of the Sub- Commission.

Article 42 The arbitration tribunal shall not hear cases in open session. If both parties request a hearing to be held in open session, the arbitration tribunal shall decide whether to hold the hearing in open session or not.

Article 43 When a case is heard in closed session, no substantive or procedural matters of the case shall be disclosed to the outsiders by the parties, their attorneys, witnesses, arbitrators, experts consulted by or appraisers appointed by the arbitration tribunal and the relevant staff-members of the Secretariat of the Arbitration Commission.

Article 44 Evidence shall be produced at the oral hearing and be questioned by the parties except that both parties agree to examine the case on the basis of documentary evidence or that evidence shall be questioned in writing.

Article 45The arbitration tribunal may consult an expert or appoint an appraiser for their expertise or appraisal on special issues relating to the case. Such an expert or appraiser may be a Chinese or foreign organization or a citizen.
The arbitration tribunal is entitled to request the parties who are also obligated to submit or produce to the expert or appraiser any relevant materials, documents, properties or goods related to the case for check-up, inspection and/or appraisal. The arbitration tribunal shall, after making duplicate copies or effective records of the evidence, return in time the original evidence submitted by the party.

Article 46 The report prepared by the expert or the appraiser and other evidence collected by the arbitration tribunal shall be copied to the parties so that they may have the opportunity to give their opinions thereon. At the request of any party to the case and with the approval of the arbitration tribunal, the expert and appraiser may be present at the hearing and give explanations of their reports when the arbitration tribunal considers it necessary and appropriate.

Article 47 The evidence submitted by the parties shall be examined and evaluated by the arbitration tribunal. The adoption or non-adoption of the report prepared by the expert or the appraiser and copies or duplications (including audiovisual materials) of other evidence collected by the arbitration tribunal shall be determined by the arbitration tribunal.

Article 48 Should the Claimant fail, without justified reason, to appear at the oral hearing he has been informed of by a written notice or withdraw halfway from the hearing without the approval of the arbitration tribunal, the arbitration tribunal may regard it as withdrawal of the application for arbitration, and in case the Respondent has raised a counterclaim, an award by default can be made. Should the Respondent fail, without justified reason, to appear at the hearing he has been informed of by a written notice or withdraw midway from the hearing without approval of the arbitration tribunal, an award by default may be rendered, and in case the Respondent has laid counterclaim, the counterclaim may be regarded as withdrawn.

Article 49 The arbitral tribunal shall make record of the hearings in writing. The parties and other participants in the arbitration may apply for rectification of the records of their own statements if they consider that such records contain any omission or error. If the arbitral tribunal does not make the rectification, the application shall still be recorded.
The written record shall be signed or sealed by the arbitrator(s), the recorder, the parties, and other participants in the arbitration, if any.

Article 50 Where a person other than the parties to the arbitration case considers he or she has a legal interest, in the conclusion of the case in relation to the claim or counterclaim submitted by any of the parties, the person may, after concluding an agreement with both parties, apply, with the approval of the arbitration tribunal, for participation as a party in the arbitration case.

Article 51 The Claimant may waive his claim and/or apply for the dismissal of the case; the Respondent may waive his counterclaim and/or apply for dismissing the relevant part l of the case.
The Secretary-General of the Arbitration Commission shall decide on the request for a dismissal of the case if the request is made before the formation of the arbitration tribunal, and the arbitration tribunal shall decide if the request is put forward after the formation of the arbitration tribunal.
Any party of a amicable settlement agreement resulting from consultation or mediation may nominate a mutually agreed sole arbitrator, or request the Chairman of the Arbitration Commission to appoint one sole arbitrator, to make an award in accordance with the contents of their amicable settlement agreement and the arbitration clause stipulated therein; and the actual procedure and time limits are not confined by other stipulations of these Arbitration Rules.
In any undergoing arbitration case, if the parties to an arbitration case reach an amicable settlement agreement by themselves, they may either request the arbitration tribunal to conclude the case by making an award in accordance with the contents of their amicable settlement agreement or request a dismissal of the case.
If the party or the parties refer the dismissed case again to the Arbitration Commission for arbitration, the Chairman of the Arbitration Commission shall decide whether to accept the reference.

Article 52 A party who knows or should have known that any provision or requirement of these Rules has not been complied with and yet proceeds with the arbitration proceedings without explicitly raising in writing his objection to non-compliance in a timely manner shall be taken to have waived his right to object.

Article 53If both parties have a desire for conciliation or one party so desires and the other party agrees to it when consulted by the arbitration tribunal, the arbitration tribunal may conciliate the case under its cognizance in the process of arbitration.

Article 54 The arbitration tribunal may conciliate cases in the manner it considers appropriate.

Article 55 The arbitration tribunal shall terminate conciliation when one of the parties requests a termination of conciliation or when the arbitration tribunal believes that further efforts to conciliate will be futile.

Article 56 If the parties have reached an amicable settlement outside the arbitration tribunal in the course of conciliation conducted by the arbitration tribunal, such settlement shall be considered as one which has been reached through conciliation by the arbitration tribunal.

Article 57 The parties shall sign a settlement agreement in writing when an amicable settlement is reached through conciliation conducted by the arbitration tribunal, and the arbitration tribunal shall conclude the case by making an award in accordance with the contents of the settlement agreement unless otherwise agreed by the parties.

Article 58 Should conciliation fail, any statement, opinion, view or proposal which has been made, raised, put forward, acknowledged, accepted or rejected by either party or by the arbitration tribunal in the process of conciliation shall not be invoked by the other party as grounds for any claim, defense and/or counterclaim in the subsequent arbitration proceedings, judicial proceedings or any other proceedings.