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【法规名称】鍖椾含浠茶濮斿憳浼氫徊瑁佽鍒
Beijing Arbitration Commission Arbitration Rules
【发布时间】20070920
【实施时间】20080401
 
 
【English version】 【中文正文】 【中英文逐条对照】
 
 
 
Beijing Arbitration Commission Arbitration Rules
(Revised and adopted at the First Meeting of the Fifth Session of the Beijing Arbitration Commission on September 20, 2007. Effective as from April 1, 2008)
Chapter I: General Provisions
Article 1: The Beijing Arbitration Commission
(1) The Beijing Arbitration Commission (the "BAC") is an arbitration institution registered in Beijing, China for resolving contractual disputes and other disputes over rights and interests in property between natural persons, legal persons and other organizations.
(2) The Chairman of the BAC (the "Chairman") or, with the authorization of the Chairman, one of the Vice-Chairmen or Secretary-General of the BAC, shall perform the duties and obligations stipulated by the Arbitration Rules of the BAC (the "Rules").
(3) The Secretariat of the BAC (the "Secretariat") shall handle the day-to-day affairs of the BAC. A member of its staff shall be appointed as the secretary of an Arbitral Tribunal to assist with case management, including administration of procedural matters.
Article 2: Application of the Rules
(1) Where parties to a dispute provide for arbitration of the dispute by the BAC, these Rules shall apply, save to the extent that the parties have agreed to the application of a different procedure or a different set of arbitration rules, in which case their agreement must comply with the mandatory law of Arbitration seat and be enforceable.
(2) Where the parties agree to apply the BAC rules, but do not choose a specific arbitration institution, they shall be deemed to agree to provide their disputes to the BAC.
Article 3: Waiver of Right to Object
A party who knows or should have known that any provision of these Rules or any term of the arbitration agreement has not been complied with, but nevertheless participates in the arbitration without promptly raising its objection to such non-compliance in writing shall be deemed to have waived its right to object.
Chapter II: Arbitration Agreement
Article 4: Definition and Form of Arbitration Agreement
(1) An arbitration agreement is an agreement by parties to submit to arbitration all or certain disputes which have arisen or which may arise in connection with the legal relationship between the parties. An arbitration agreement includes an arbitration clause in a contract or any other written agreement to arbitrate.
(2) An arbitration agreement shall be in written form, including but not limited to contractual instruments, letters and electronic data messages (including telegrams, telexes, facsimiles, EDIs and e-mails) and any other forms of communication where the contents are visible.
Article 5: Separability of Arbitration Agreement
An arbitration agreement shall be independent of and separate from the principal contract in which it is contained. The validity of an arbitration agreement shall not be affected by the modification, rescission, termination, invalidity, expiry, non-effectiveness, revocation, or non-establishment of the principal contract.
Article 6: Objections to Validity of Arbitration Agreement
(1) A jurisdictional objection or an objection to the validity of an arbitration agreement shall be raised in writing before the first hearing. For a documents-only arbitration, the written objection shall be raised prior to the expiry of the time limit for the submission of the first defence.
(2) If a party has not raised any objections pursuant to the provisions of the preceding paragraph, it shall be deemed to have accepted that the arbitration agreement is valid and that the BAC has jurisdiction over the arbitration.
(3) If a party objects to the validity of an arbitration agreement, it may make an application to either the BAC or the competent People's Court for a decision on the issue. If one party makes an application to the BAC while the other party to the People's Court, then the objection shall be decided upon by the People's Court.
(4) The BAC or, if authorized by the BAC, the Arbitral Tribunal, shall have the power to rule on jurisdictional objections and objections to the validity of an arbitration agreement. The Arbitral Tribunal can deliver its decision in the form of either an interim award or a final award.
Chapter III: Application for Arbitration, Defence and Counterclaim
Article 7: Application for Arbitration
(1) A party applying for arbitration shall submit the following documents (collectively the "Application for Arbitration"):
(a) the arbitration agreement;
(b) its Statement of Claim, containing the following information:
(i) the names, addresses, zip codes, telephone numbers, facsimile numbers and any other convenient means of contact of the Claimant and the Respondent; (where a party concerned is a legal person or organization, the name, position, address, zip code, telephone number, facsimile number and any other convenient means of contact of the legal representative or the person in charge);
(ii) the claims and the facts and grounds on which the claims are based;
(c) evidence and the source of those evidence (together with a list thereof), and the names and addresses of its witnesses; and
(d) proof of the Claimant's identity.
(2) A party applying for arbitration shall deposit an advance on costs, calculated in accordance with the provisions of the Arbitration Fee Schedule. An application for deferment of the deposit can be made to the BAC in the event of hardship. The BAC shall decide on such applications. If a party applying for arbitration has neither deposited the advance on costs nor applied for deferment, it shall be deemed to have withdrawn its Application for Arbitration.
Article 8: Case Acceptance
(1) The BAC shall accept the Application for Arbitration within 5 days of its receipt if it finds that the requisite requirements for acceptance are met.
(2) The applicant shall rectify its Application for Arbitration if it does not fulfill the requirements stipulated by Article 7.
(3) The arbitral proceedings shall be deemed to commence on the date of acceptance of the Application for Arbitration by the BAC.
Article 9: Notice of Arbitration
Within 10 days of the acceptance of the Application for Arbitration, the BAC shall send to the Claimant a Notice of Case Acceptance, a set of the Rules and the BAC's Panel of Arbitrators. The BAC shall send to the Respondent a Request for Submission of Defence, as well as a copy of the Application for Arbitration, its attachments, if any, a set of these Rules, and the BAC's Panel of Arbitrators.
Article 10: Defence
(1) Within 15 days of the receipt of the Request for Submission of Defence, the Respondent shall submit to the BAC such documents listed below:
(a) Statement of Defence clarifying information listed below:
(i) the names, addresses, zip codes, telephone numbers, facsimile numbers and any other convenient means of contact of the Respondent; (where a party concerned is a legal person or organization, the name, position, address, zip code, telephone number, facsimile number and any other convenient means of contact of the legal representative or the person in charge);
(ii) the key points of its defence and the facts and grounds on which the defence is based;
(b) evidence and the source of the evidence (together with a list thereof), and the names and addresses of its witnesses; and
(c) proof of the Respondent's identity.
(2) Within 10 days of the receipt of the Statement of Defence, the BAC shall send a copy of the Statement of Defence to the Claimant.
(3) The progress of the arbitral proceedings shall not be affected by any party's failure to submit its Statement of Defence.
Article 11: Counterclaim
(1) Within 15 days of the receipt of the Request for Submission of Defence, the Respondent shall submit to the BAC its Counterclaim. If the Counterclaim is not submitted within the stipulated period of time, the Arbitral Tribunal, or if the Arbitral Tribunal has not been constituted, the BAC, shall decide whether to accept the Counterclaim.
(2) The provisions of Article 7 shall apply to the submission of the Counterclaim.
(3) Within 10 days of the acceptance of the Counterclaim, the BAC shall send to the Claimant a Request for Submission of Defence to Counterclaim, as well as the Counterclaim and its attachments, if any.
(4) The provisions of Article 10 shall apply to the Claimant's submission of its Statement of Defence to Counterclaim.
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1,577,998 14,432,559 6,506
3,759 567,978 2,406
5,668 49,362 23,598
2,676 4,305 37,574
10,115 1,918 183,759
10,110 652 73,759
1,016 3,521 24,474
14,601 760 4,528
8,342 5,923
 
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