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Chapter IV Supplementary Provisions
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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 IV Supplementary Provisions

Article 81 Where the limitation of arbitration is provided in the law, it shall be applied, otherwise the limitation of actions shall be applied.

Article 82 The Chinese language is the official language of the Arbitration Commission. If the parties have otherwise agreed, their agreement shall prevail. At the oral hearing, if the parties or their attorneys or witnesses require language interpretation, the Secretariat of the Arbitration Commission may provide an interpreter for them or the parties may retain their own interpreters.
The arbitration tribunal or the Secretariat of the Arbitration Commission may, if it considers it necessary, request the parties to furnish it with corresponding translation copies in Chinese language or other languages of the documents and evidential materials submitted by the parties.

Article 83 All the arbitration documents, notices and materials may be sent in person to the parties or their attorneys, or by registered letter or express airmail, telefax, telex, cable or by any other means which are deemed proper by the Secretariat of the Arbitration Commission.

Article 84 Any written correspondence to the parties or their arbitration agents shall be deemed to have been properly served if it is delivered to the addressee or delivered at his place of business, habitual residence or mailing address; or if none of these can be found after reasonable inquiries, the written correspondence is sent to the addressee's last known place of business, habitual residence or mailing address by registered letter or by any other means which provides a record of the attempt to deliver it.

Article 85 The Arbitration Commission charges arbitration fees according to the arbitration Fee Schedule attached herewith. The Claimant and the Respondent shall pay the arbitration fee for the claim and the counter-claim in advance respectively. The losing party shall be liable for the arbitration fees. The arbitration tribunal shall finally decide which party shall be liable for the arbitration fees where both parties win and lose partly or the winning and losing is not clear.
Apart from charging arbitration fees from the parties according to the Arbitration Fee Schedule of the Arbitration Commission, the Arbitration Commission may collect from the parties other extra, reasonable and actual expenses including arbitrators' special remuneration and their travel and boarding expenses for dealing with the case as well as the fees and expenses for experts, appraisers and interpreters etc. appointed by the arbitration tribunal.
If a case is withdrawn after the parties have reached between themselves an amicable settlement, the Arbitration Commission may charge a certain amount of fees from the parties in consideration of the quantity of work and the amount of the actual expenses incurred by the Arbitration Commission.
According to Article 61 of Arbitration Law, the Arbitration Commission and its Sub-Commission shall not charge fees any longer if the arbitration tribunal agrees to re-arbitrate the case.
According to Article 68 and Article 69, the Arbitration Commission and its Sub-Commission don't charge fees any longer if the arbitration tribunal makes a correction to the award or an additional award.

Article 86 Where it is explicitly stipulated in an arbitration agreement or an arbitration clause contained in the contract that arbitration to be conducted by China Maritime Arbitration Commission, its Sub-Commission, its Logistics Dispute Resolution Center or its Fishery Dispute Resolution Center or by its formerly named Maritime Arbitration Commission of the China Council for the Promotion of International Trade/China Chamber of International Commerce, or the China Council for the Promotion of International Trade£¨CCPIT£©/China Chamber of International Commerce and the dispute by nature is marine, maritime, logistics or fishery dispute, it shall be considered that the parties have unanimously agreed that the arbitration shall be conducted by China Maritime Arbitration Commission or its Sub-Commission according to Article 16 of Arbitration Law of the People' s Republic of China.

Article 87 Where the parties agree to apply these rules hereof, unless otherwise agreed, it is deemed that they have agreed to have their award published by the Arbitration Commission. But the Arbitration Commission shall hide the parties' name and other contents by which the party's identification can be recognized that when Arbitration Commission publishes the award.

Article 88 These Rules shall come into force as from October 1, 2004.

Article 89 The power to interpret these Rules is vested in the Arbitration Commission.