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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 III Summary Procedure
Article 71 Unless otherwise agreed by the
parties, this Summary Procedure shall apply to any case in dispute where
the amount of the claim totals not more than RMB 1,000, 000 yuan (inclusive
of RMB 1,000,000 yuan, but exclusive of interest except for financing
dispute).
This Summary Procedure shall also apply to cases where the amount of
the claim totals more than RMB 1000,000 Yuan provided that the parties
agree or one party applies for and the other party agrees to it in writing.
Where there is no amount in dispute, or the amount in dispute is not
definite, or the parties hold different opinions on the amount in dispute
or the way to count, the Arbitration Commission shall decide by considering
the complexity of the case, the sum and scope of the interests concerned
and other factors comprehensively whether the Summary Procedure shall
apply to the case.
Article 72 Where an application for arbitration
submitted by the Claimant to the Arbitration Commission or the Sub-Commission
is accepted after examination and the Summary Procedure is applicable,
the Secretariat shall immediately serve a Notice of Arbitration to each
of the parties.
Both parties shall jointly appoint or jointly entrust the Chairman of
the Arbitration Commission to appoint one sole arbitrator from the Panel
of Arbitrators within 10 days from the date on which the Notice of Arbitration
is received by the Respondent. Should the parties fail to make such
appointment or entrustment within the time limit, the Chairman of the
Arbitration Commission shall immediately appoint one sole arbitrator
to form an arbitration tribunal to hear the case.
The parties may, within the time limit stipulated by the above paragraph,
nominate more than one as the candidate(s) for the sole arbitrator from
the sole arbitrator candidate list provided by the Arbitration Commission.
The candidate nominated by both parties shall act as the sole arbitrator.
If more than one candidate are nominated by both parties, the Chairman
of the Arbitration Commission shall appoint one from them as the sole
arbitrator. Where no sole arbitrator can be appointed by this method,
any arbitrator on the Panel of the Arbitration Commission, except those
the parties expressly exclude, may be appointed as the sole arbitrator.
Article 73 The Respondent shall, within
20 days from the date of receipt of the Notice of Arbitration, submit
his defense and relevant documentary evidence to the Arbitration Commission;
a counterclaim, if any, shall be lodged together with documentary evidence
within the said time limit.
Article 74 The arbitration tribunal may
hear the case in the way it considers appropriate. The arbitration tribunal
may, in its discretion, hear the case only on the basis of the written
materials and evidence submitted by the parties or holds an oral hearing.
The arbitration tribunal shall hold an oral hearing if any party so
requests.
Article 75 Where a case is to be heard
orally, the Secretariat shall, after the arbitration tribunal fixes
a date for the hearing, inform the parties of the date of the hearing
10 days before the date of the hearing.
Article 76 If the arbitration tribunal
decides to hear the case orally, only one oral hearing shall be held.
However, the arbitration tribunal may hold a second hearing if really
necessary.
Article 77 Should one of the parties fail
to act in compliance with this Summary Procedure during summary proceedings,
such failure shall not affect the continuation of the arbitration proceedings
and the power of the arbitration tribunal to render an award.
Article 78 Any amendment of the claim
or filing of a counterclaim, which results in the amount in dispute
exceeding 1,000,000 RMB, shall not affect the conducting of the Summary
Procedure if the parties agree. Otherwise the case shall apply the ordinary
procedure. Unless otherwise agreed by the parties, the sole arbitrator
previously appointed shall act as the presiding arbitrator.
The re-composed tribunal shall decide whether or not to re-conduct the
proceedings conducted prior to its re-composing.
Under the circumstances of the paragraph 3 of Article 71, where the
Arbitration Commission or arbitration tribunal decides to apply the
ordinary procedure, the above provisions shall apply.
Article 79 Where a case is heard orally,
the arbitration tribunal shall make an award within 30 days from the
date of the oral hearing or from the date of the second oral hearing
if any. Where a case is examined on the basis of documents only, the
arbitration tribunal shall render an award within 90 days from the date
of the formation of the arbitration tribunal. The Secretary-General
of the Arbitration Commission may, at the request of the arbitration
tribunal, extend the said time limit if he considers such extension
is necessary and justifiable.
Article 80 For matters not covered in
this Chapter, the relevant provisions in the other Chapters of these
Rules shall apply.
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