Circular of the General Office of the State Council on Issuing the Plan for the Reorganization of Arbitration Institutions, Interim Measures for the Registration of Arbitration Commissions and Measures of the Arbitration Commission for Arbitration Charges
Circular of the General Office of the State Council on Issuing the Plan for the Reorganization of Arbitration Institutions, Interim Measures for the Registration of Arbitration Commissions and Measures of the Arbitration Commission for Arbitration Charges
Circular of the General Office of the State Council on Issuing the Plan for the Reorganization of Arbitration Institutions, Interim Measures for the Registration of Arbitration Commissions and Measures of the Arbitration Commission for Arbitration Charges
Guo Ban Fa [1995] No.44
July 28, 1995
People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions of the State Council and all institutions directly under the State Council,
The Arbitration Law of the People's Republic of China (the "Arbitration Law") adopted by the Eighth Standing Committee of the National People's Congress on August 31, 1994 will come into effect as of September 1, 1995. It is an important law meeting the development demand of the socialist market economy, connecting with international common arbitration systems and settling economic disputes. In accordance with the Arbitration Law, the arbitration institutions established before the coming into effect of the Arbitration Law in the municipalities directly under the Central Government, in the cities where the people's governments of provinces or autonomous regions are located as well as in other cities divided into districts shall be reorganized as per relevant provisions of the Arbitration Law; arbitration institutions which are not reorganized shall be terminated as of September 1, 1996; new arbitration institutions shall be uniformly established by the urban people's governments able to establish arbitration institutions by organizing relevant departments and chambers of commerce. In order to implement the aforesaid provisions of the Arbitration Law and carefully do the work of re-organization of arbitration institutions, the General Office of the State Council issued the Circular on Doing the Preparatory Work for the Re-organization of Arbitration Institutions Well and the Establishment of the China Arbitration Association (Guo Ban Fa [1994] No.99) and the Circular on Further Doing the Work for the Re-Organization of Arbitration institutions Well (Guo Ban Fa [1995] No.38) respectively on November 13, 1994 and May 26, 1995. In accordance with the Arbitration Law and the aforesaid circulars of the General Office of the State Council, on the basis of conclusion of pilot experience and by reference to foreign useful experience, the Legislative Affairs Bureau of the State Council, together with relevant entities, has formulated the Plan for the Reorganization of Arbitration Institutions, Interim Measures for the Registration of Arbitration Commissions and Measures of the Arbitration Commission for Arbitration Charges, which are hereby issued to you for your careful implementation, upon approval by leaders of the State Council.
According to the requirements for pilot cities reorganizing arbitration institutions, the Legislative Affairs Bureau of the State Council, together with relevant entities, has formulated the Precedent for Articles of Association of the Arbitration Commission and the Precedent for the Interim Arbitration Rules of the Arbitration Commission, which are hereby issued together for the study and adoption of the arbitration commissions established in accordance with the law.
The Circular of the General Office of the State Council on Issuing the Plan for the Reorganization of Arbitration Institutions, Interim Measures for the Registration of Arbitration Commissions and Measures of the Arbitration Commission for Arbitration Charges (this "Circular") shall be forwarded by the people's governments of all provinces and autonomous regions to cities where the people's governments of all provinces and autonomous regions are located as well as other cities divided into districts.
Appendix I: Plan for the Reorganization of Arbitration Institutions
I. Principles on the Reorganization of Arbitration Institutions
1. Fully and accurately adhere to the spirit of the Arbitration Law of the People's Republic of China (the "Arbitration Law"), and reorganize arbitration institutions in strict accordance with the Arbitration Law.
2. Reflect the purpose of serving the people wholeheartedly, and guarantee the settlement of economic disputes through arbitration in a fair and timely manner.
3. Based on actual situations, reorganize arbitration institutions as per demand and possibility.
4. Unify understanding, strengthen leadership, mobilize all active factors, and ensure the steady transition of arbitration work.
II. Arbitration Commissions
1. A city which can establish an arbitration commission in accordance with the law can establish a unified arbitration commission only, and shall not establish specialized arbitration commissions or arbitral tribunals for different specialties.
2. The name of an arbitration commission newly established shall conform to standards. The name of the city where an arbitration commission is located shall be put before the arbitration commission (i.e. place name arbitration commission), such as the Beijing Arbitration Commission, Guangzhou Arbitration Commission and Shenzhen Arbitration Commission.
3. An arbitration commission shall comprise one director, two to four deputy directors and seven to 11 members. In particular, there shall be one to two full-time members stationed at the arbitration commission, and other members shall be part-time.
Members of an arbitration commission shall be experts and persons with actual work experience from colleges and universities, scientific research institutions, the state organs and so on. Members of an arbitration commission may be arbitrators or not.
Members of the first arbitration commission shall be recommended by government departments of legal affairs, economy and trade, system reform, administration of justice, industry and commerce, science and technology, construction and so on upon negotiation with organizations including the trade promotion council and the association of industry and commerce, and be appointed by the people's government of the corresponding city.
4. An arbitration commission shall appoint one secretary general. A full-time member stationed at the arbitration commission may concurrently work as the secretary general.
5. An arbitration commission shall set up an office responsible for the acceptance of arbitration cases, the service of arbitration instruments, archive management, the collection and management of arbitration fees and other affairs. The daily work of the office is in the responsibility of the secretary general of the arbitration commission.
The setting up and personnel allocation of the office shall follow the principles of downsizing and efficiency. In the preliminary period after establishment of an arbitration commission, it is improper to allocate too many functionaries for the office thereof. Along with the increase in arbitration workload in the future, functionaries may be properly increased in number for the office.
The functionaries of the office shall have good ideological and business quality, and be appointed from amongst excellent persons.
III. Arbitrators
1. An arbitration commission shall not appoint any full-time arbitrator.
2. Arbitrators shall be appointed by the arbitration commission reorganized in accordance with the law.
An arbitration commission shall appoint arbitrators from persons complying with Article 13 of the Arbitration Law within the scope of the corresponding province, autonomous region or municipality directly under the Central Government.
National public servants and functionaries of organs implementing the system for national public servants by reference, who meet the conditions set out in Article 13 of the Arbitration Law, may be appointed as arbitrators upon approval by the entities which they work for, provided that their own work will not be influenced by the arbitration work.
An arbitration commission shall set up an arbitrator register for different specialties.
3. Where an arbitrator handles an arbitration case, the arbitration commission concerned shall pay him/her remunerations as per the arbitration rules thereof. Where an arbitrator does not handle any arbitration case, he/she shall not obtain any remuneration or other fees.
IV. Staffing, Expenses and Rooms of Arbitration Commissions
In the preliminary period after the establishment of an arbitration commission, the people's government of the city where the said arbitration commission is located shall, as per the provisions on relevant public institutions, solve problems with the staffing, expenses, rooms and so on of the arbitration commission. An arbitration commission shall achieve self-controlled revenue and expenditure step by step.
V. Connection between Newly Organized Arbitration Commissions and Existing Arbitration Commissions
1. Arbitrators and functionaries of the office shall be firstly appointed from the eligible arbitrators and functionaries of the existing arbitration institution concerned.
2. Where the parties concerned reach an arbitration agreement before an existing arbitration institution is terminated in accordance with the law and reach a supplemental agreement on the selection of a new arbitration commission after the aforesaid termination, they may apply for arbitration to the arbitration commission selected again; where the parties concerned fail to reach a supplemental agreement, the original arbitration agreement shall become void.
Appendix II: Interim Measures for the Registration of Arbitration Commissions
Article 1 The Interim Measures for the Registration of Arbitration Commissions (these "Measures") are hereby formulated in accordance with the Arbitration Law of the People's Republic of China.
Article 2 The registration authority of an arbitration commission shall be the judicial administrative department of the relevant province, autonomous region or municipality directly under the Central Government.
Article 3 An arbitration commission may be established in a city where the people's government of the relevant municipality directly under the Central Government, province or autonomous region is located, or in any other city divided into districts as per demand. Arbitration commissions are not established hierarchically by administrative division.
Regarding the establishment of an arbitration commission, establishment registration shall be conducted with the registration authority concerned; in the case of no establishment registration, arbitration awards made by the arbitration commission concerned shall not have legal force.
Concerning establishment registration, the following documents shall be submitted to the registration authority:
1.
......
Guo Ban Fa [1995] No.44
July 28, 1995
People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions of the State Council and all institutions directly under the State Council,
The Arbitration Law of the People's Republic of China (the "Arbitration Law") adopted by the Eighth Standing Committee of the National People's Congress on August 31, 1994 will come into effect as of September 1, 1995. It is an important law meeting the development demand of the socialist market economy, connecting with international common arbitration systems and settling economic disputes. In accordance with the Arbitration Law, the arbitration institutions established before the coming into effect of the Arbitration Law in the municipalities directly under the Central Government, in the cities where the people's governments of provinces or autonomous regions are located as well as in other cities divided into districts shall be reorganized as per relevant provisions of the Arbitration Law; arbitration institutions which are not reorganized shall be terminated as of September 1, 1996; new arbitration institutions shall be uniformly established by the urban people's governments able to establish arbitration institutions by organizing relevant departments and chambers of commerce. In order to implement the aforesaid provisions of the Arbitration Law and carefully do the work of re-organization of arbitration institutions, the General Office of the State Council issued the Circular on Doing the Preparatory Work for the Re-organization of Arbitration Institutions Well and the Establishment of the China Arbitration Association (Guo Ban Fa [1994] No.99) and the Circular on Further Doing the Work for the Re-Organization of Arbitration institutions Well (Guo Ban Fa [1995] No.38) respectively on November 13, 1994 and May 26, 1995. In accordance with the Arbitration Law and the aforesaid circulars of the General Office of the State Council, on the basis of conclusion of pilot experience and by reference to foreign useful experience, the Legislative Affairs Bureau of the State Council, together with relevant entities, has formulated the Plan for the Reorganization of Arbitration Institutions, Interim Measures for the Registration of Arbitration Commissions and Measures of the Arbitration Commission for Arbitration Charges, which are hereby issued to you for your careful implementation, upon approval by leaders of the State Council.
According to the requirements for pilot cities reorganizing arbitration institutions, the Legislative Affairs Bureau of the State Council, together with relevant entities, has formulated the Precedent for Articles of Association of the Arbitration Commission and the Precedent for the Interim Arbitration Rules of the Arbitration Commission, which are hereby issued together for the study and adoption of the arbitration commissions established in accordance with the law.
The Circular of the General Office of the State Council on Issuing the Plan for the Reorganization of Arbitration Institutions, Interim Measures for the Registration of Arbitration Commissions and Measures of the Arbitration Commission for Arbitration Charges (this "Circular") shall be forwarded by the people's governments of all provinces and autonomous regions to cities where the people's governments of all provinces and autonomous regions are located as well as other cities divided into districts.
Appendix I: Plan for the Reorganization of Arbitration Institutions
I. Principles on the Reorganization of Arbitration Institutions
1. Fully and accurately adhere to the spirit of the Arbitration Law of the People's Republic of China (the "Arbitration Law"), and reorganize arbitration institutions in strict accordance with the Arbitration Law.
2. Reflect the purpose of serving the people wholeheartedly, and guarantee the settlement of economic disputes through arbitration in a fair and timely manner.
3. Based on actual situations, reorganize arbitration institutions as per demand and possibility.
4. Unify understanding, strengthen leadership, mobilize all active factors, and ensure the steady transition of arbitration work.
II. Arbitration Commissions
1. A city which can establish an arbitration commission in accordance with the law can establish a unified arbitration commission only, and shall not establish specialized arbitration commissions or arbitral tribunals for different specialties.
2. The name of an arbitration commission newly established shall conform to standards. The name of the city where an arbitration commission is located shall be put before the arbitration commission (i.e. place name arbitration commission), such as the Beijing Arbitration Commission, Guangzhou Arbitration Commission and Shenzhen Arbitration Commission.
3. An arbitration commission shall comprise one director, two to four deputy directors and seven to 11 members. In particular, there shall be one to two full-time members stationed at the arbitration commission, and other members shall be part-time.
Members of an arbitration commission shall be experts and persons with actual work experience from colleges and universities, scientific research institutions, the state organs and so on. Members of an arbitration commission may be arbitrators or not.
Members of the first arbitration commission shall be recommended by government departments of legal affairs, economy and trade, system reform, administration of justice, industry and commerce, science and technology, construction and so on upon negotiation with organizations including the trade promotion council and the association of industry and commerce, and be appointed by the people's government of the corresponding city.
4. An arbitration commission shall appoint one secretary general. A full-time member stationed at the arbitration commission may concurrently work as the secretary general.
5. An arbitration commission shall set up an office responsible for the acceptance of arbitration cases, the service of arbitration instruments, archive management, the collection and management of arbitration fees and other affairs. The daily work of the office is in the responsibility of the secretary general of the arbitration commission.
The setting up and personnel allocation of the office shall follow the principles of downsizing and efficiency. In the preliminary period after establishment of an arbitration commission, it is improper to allocate too many functionaries for the office thereof. Along with the increase in arbitration workload in the future, functionaries may be properly increased in number for the office.
The functionaries of the office shall have good ideological and business quality, and be appointed from amongst excellent persons.
III. Arbitrators
1. An arbitration commission shall not appoint any full-time arbitrator.
2. Arbitrators shall be appointed by the arbitration commission reorganized in accordance with the law.
An arbitration commission shall appoint arbitrators from persons complying with Article 13 of the Arbitration Law within the scope of the corresponding province, autonomous region or municipality directly under the Central Government.
National public servants and functionaries of organs implementing the system for national public servants by reference, who meet the conditions set out in Article 13 of the Arbitration Law, may be appointed as arbitrators upon approval by the entities which they work for, provided that their own work will not be influenced by the arbitration work.
An arbitration commission shall set up an arbitrator register for different specialties.
3. Where an arbitrator handles an arbitration case, the arbitration commission concerned shall pay him/her remunerations as per the arbitration rules thereof. Where an arbitrator does not handle any arbitration case, he/she shall not obtain any remuneration or other fees.
IV. Staffing, Expenses and Rooms of Arbitration Commissions
In the preliminary period after the establishment of an arbitration commission, the people's government of the city where the said arbitration commission is located shall, as per the provisions on relevant public institutions, solve problems with the staffing, expenses, rooms and so on of the arbitration commission. An arbitration commission shall achieve self-controlled revenue and expenditure step by step.
V. Connection between Newly Organized Arbitration Commissions and Existing Arbitration Commissions
1. Arbitrators and functionaries of the office shall be firstly appointed from the eligible arbitrators and functionaries of the existing arbitration institution concerned.
2. Where the parties concerned reach an arbitration agreement before an existing arbitration institution is terminated in accordance with the law and reach a supplemental agreement on the selection of a new arbitration commission after the aforesaid termination, they may apply for arbitration to the arbitration commission selected again; where the parties concerned fail to reach a supplemental agreement, the original arbitration agreement shall become void.
Appendix II: Interim Measures for the Registration of Arbitration Commissions
Article 1 The Interim Measures for the Registration of Arbitration Commissions (these "Measures") are hereby formulated in accordance with the Arbitration Law of the People's Republic of China.
Article 2 The registration authority of an arbitration commission shall be the judicial administrative department of the relevant province, autonomous region or municipality directly under the Central Government.
Article 3 An arbitration commission may be established in a city where the people's government of the relevant municipality directly under the Central Government, province or autonomous region is located, or in any other city divided into districts as per demand. Arbitration commissions are not established hierarchically by administrative division.
Regarding the establishment of an arbitration commission, establishment registration shall be conducted with the registration authority concerned; in the case of no establishment registration, arbitration awards made by the arbitration commission concerned shall not have legal force.
Concerning establishment registration, the following documents shall be submitted to the registration authority:
1.
......