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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.
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