Contents

Chapter 1 General Provisions

Rule 1 Purpose and Basis

Rule 2 Structure and Duties

Rule 3 Jurisdiction

Rule 4 Principles of Arbitration

Rule 5 Finality of Awards

Rule 6 Scope of Application

Rule 7 Seat of Arbitration

Rule 8 Waiver of Right to Object

Rule 9 Arbitration in Good Faith

Rule 10 General Procedure

Chapter 2 Arbitration Agreement

Rule 11 Definition and Form of Arbitration Agreement

Rule 12 Separability of Arbitration Agreements

Rule 13 Extension of the Effect of Arbitration Agreement

Rule 14 Determination of Arbitration Institution

Rule 15 Objection to Arbitration Agreement

Rule 16 Handling of Objection to Arbitration Agreement

Rule 17 Arbitration Invitation

Chapter 3 Application and Acceptance

Rule 18 Application for Arbitration[分页]

Rule 19 Single Arbitration under Multiple Contracts

Rule 20 Acceptance

Rule 21 Notice of Acceptance and Notice to Submit Statement of Defence

Rule 22 Statement of Defence

Rule 23 Counterclaim

Rule 24 Amendment to Arbitration Claim and Counterclaim

Rule 25 Advance Payment of Arbitration Fee

Rule 26 Conservatory Measures for Arbitration

Rule 27 Submission of Materials

Rule 28 Withdrawal of Application for Arbitration or Counterclaim

Rule 29 Joinder of Additional Parties

Rule 30 Representatives

Chapter 4 Formation of the Arbitral Tribunal

Rule 31 Panel of Arbitrators

Rule 32 Formation of the Arbitral Tribunal

Rule 33 Nomination of Arbitrators

Rule 34 Appointment of Arbitrators

Rule 35 Notice of Formation of Arbitral Tribunal

Rule 36 Disclosure

Rule 37 Challenge

Rule 38 Filing of Challenge

Rule 39 Decision on Challenge

Rule 40 Replacement of Arbitrator

Chapter 5 Evidence

Rule 41 Forms of Evidence

Rule 42 Burden of Proof[分页]

Rule 43 Period for Production of Evidence

Rule 44 Investigation and Evidence Collection by the Arbitral Tribunal

Rule 45 Appraisal

Rule 46 Witness Testimony

Rule 47 Supplementary Evidence

Rule 48 Examination of Evidence

Rule 49 Assessment of Evidence

Chapter 6 Hearing

Rule 50 Conduct of Hearing

Rule 51 Confidentiality

Rule 52 Place of Oral Hearing

Rule 53 Consolidated Hearing

Rule 54 Notice of Oral Hearing

Rule 55 Pre-Hearing Preparations

Rule 56 Default

Rule 57 Oral Hearing

Rule 58 Record of Oral Hearing

Rule 59 Suspension and Resumption of the Arbitral Proceedings

Rule 60 Decisions on the Arbitral Proceedings

Chapter 7 Settlement, Conciliation and Award

Rule 61 Settlement

Rule 62 Conciliation

Rule 63 Supplementation and Correction of Conciliation Statement

Rule 64 Making of Award

Rule 65 Partial Awards

Rule 66 Time Period for Making an Award[分页]

Rule 67 Supplementation and Correction of Awards; Additional Awards

Rule 68 Re-Arbitration

Rule 69 Allocation of Arbitration Fees

Rule 70 Performance and Execution of Award and Conciliation Statement

Chapter 8 Special Provisions for Summary Procedure

Rule 71 Scope of Application

Rule 72 Notice of Acceptance and Notice to Submit Statement of Defence

Rule 73 Formation of the Arbitral Tribunal

Rule 74 Nomination and Appointment of the Sole Arbitrator

Rule 75 Notice of Oral Hearing

Rule 76 Change of Procedure

Rule 77 Time Period for Making an Award

Chapter 9 Special Provisions for International Commercial Arbitration

Rule 78 Scope of Application

Rule 79 Defence and Counterclaim

Rule 80 Formation of the Arbitral Tribunal

Rule 81 Notice of Oral Hearing

Rule 82 Interim Measures

Rule 83 Emergency Arbitrator

Rule 84 Time Period for Making an Award

Chapter 10 Supplementary Provisions

Rule 85 Time Limitation for Arbitration

Rule 86 Language of Arbitration

Rule 87 Service of Documents[分页]

Rule 88 Periods of Time

Rule 89 Text

Rule 90 Interpretation

Rule 91 Coming into Force

Chapter 1 General Provisions

Rule 1 Purpose and Basis

To ensure the fair and timely arbitration of civil and commercial disputes and to protect the legitimate rights and interests of parties, these Rules are formulated in accordance with the Arbitration Law of the People’s Republic of China (the “Arbitration Law”) and other relevant laws and regulations.

Rule 2 Structure and Duties

Qingdao Arbitration Commission (the “Commission”) is an arbitration institution established in Qingdao, China in accordance with the law for the resolution of civil and commercial disputes. This Commission is also known as the Qingdao International Arbitration Center (the “QIAC”). Where the parties designate the QIAC as the arbitral institution in their arbitration agreement, the arbitration shall be administered by this Commission. 

The Chairman of the Commission shall perform the duties as prescribed under these Rules, and the Vice-Chairman may perform the duties of the Chairman upon entrustment of the Chairman.

The Secretariat shall be in charge of daily affairs of the Commission, and shall designate a staff member as the case secretary to provide case administration and services.

According to the needs, the Commission may set up customized arbitration courts and arbitration centers for specific trades or professions.

Rule 3 Jurisdiction

In accordance with the arbitration agreements reached between the parties, the Commission accepts [分页]contractual disputes and other disputes relating to property rights and interests between domestic and foreign natural persons, legal persons, and unincorporated organizations.

The following disputes shall not be accepted by the Commission:

(1) marital, adoption, guardianship, support, and succession disputes;

(2) administrative disputes that should be handled by administrative authorities as prescribed by law;

(3) labor disputes;

(4) agricultural contractors’ contractual disputes arising in the context of agricultural collective economic organizations.

Rule 4 Principles of Arbitration

Arbitration shall be conducted in a fair, reasonable, independent, and impartial manner according to the facts of the case, in compliance with the provisions of the law and with reference to industry and international practices.

Rule 5 Finality of Awards

The award shall be final and binding. Where an arbitral award has been made and a party re-applies for arbitration in relation to the same dispute, the Commission shall not accept the case. A case that has already been accepted shall be dismissed where the Commission or the arbitral tribunal decides that the application is based on the same dispute.

Rule 6 Scope of Application

Where the parties have agreed to submit their dispute to this Commission, these Rules shall apply.

Where the parties agree to refer their dispute to arbitration under the Commission’s customized arbitration rules for a specific trade or profession, the parties’ agreement shall prevail. However, if the dispute falls outside of the scope of the customized arbitration rules, these Rules shall apply.[分页]

Where the parties have agreed otherwise on the arbitration procedure or applicable arbitration rules, the parties’ agreement shall prevail, unless such agreement is inoperative or in conflict with a mandatory provision of the law at the seat of arbitration.

For matters not explicitly stipulated in these Rules, the Commission or the arbitral tribunal may proceed in such a manner as it considers appropriate.

Rule 7 Seat of Arbitration

Where the parties have agreed on the seat of arbitration, such agreement shall prevail.

Where the parties have not agreed on the seat of arbitration, the place where this Commission is located shall be the seat of arbitration. The Arbitral Tribunal may also decide that another location shall be the seat of arbitration according to the specific circumstances of the case.

The arbitral award shall be deemed to be made at the seat of arbitration.

Rule 8 Waiver of Right to Object

A party shall be deemed to have waived its right to object where it knows or should have known that any legal procedure including these Rules or the arbitration agreement has not been complied with and yet participates in or proceeds with the arbitral proceedings without promptly submitting its objection in writing.

Rule 9 Arbitration in Good Faith

Arbitration participants shall proceed with arbitration in good faith.

Rule 10 General Procedure

Unless otherwise provided, these Rules apply to general procedure.

Chapter 2 Arbitration Agreement

Rule 11 Definition and Form of Arbitration Agreement

An arbitration agreement is an agreement where [分页]parties, on the basis of free will, agree in writing to submit the dispute to the Commission for arbitration, including a standalone arbitration agreement, an arbitration clause in a contract, and a document in other written form concluded between the parties providing for the submission of disputes to the Commission for arbitration.

The phrase “other written form” in the preceding paragraph refers to any form that can contain its content in a tangible form, including but not limited to letter, telegram, fax, electronic data interchange, and email, etc.

Rule 12 Separability of Arbitration Agreements

An arbitration agreement shall exist independently. The existence or non-existence, modification, rescission, termination, invalidity, expiry, ineffectiveness, revocation of a contract, shall not affect the validity of the arbitration agreement.

Rule 13 Extension of the Effect of Arbitration Agreement

An arbitration clause in a contract shall be applicable to any dispute arising out of the contract’s supplementary agreements and any appendices, unless the parties have agreed otherwise.

Where a party concerned has changed due to the circumstances such as merger, division, etc., or is no longer in existence due to the circumstances such as being deregistered or dissolved, etc., the arbitration agreement shall be binding upon the successor of its rights and obligations, unless the parties concerned have agreed otherwise when concluding the arbitration agreement.

Where a party concerned has died after concluding an arbitration agreement, the arbitration agreement shall be binding upon the inheritor who inherits his or her rights and obligations in the matter to be arbitrated, unless the parties concerned had agreed otherwise when concluding the arbitration agreement.

Where the rights or obligations are entirely or partially assigned, the arbitration agreement shall be [分页]binding upon the assignee, unless the parties concerned had agreed otherwise, or the assignee had explicitly objected to the arbitration agreement or did not know the existence of the separate arbitration agreement during the assignment of the rights or obligations.

Rule 14 Determination of Arbitration Institution

Where the name of the arbitration institution agreed upon in the arbitration agreement is not accurate but can however be ascertained to be the Commission, the Commission shall be deemed to have been selected.

Where an arbitration agreement has not clearly specified the selection of arbitration institution, as long as the Commission can be inferred to be designated, it shall be deemed to have been selected.

Where the arbitration institution agreed upon in the arbitration agreement is the customized arbitration court or arbitration center for a specific trade or profession established by the Commission, the Commission shall be deemed to have been selected.

Where the parties concerned agree that they may either apply to the Commission for arbitration or bring a lawsuit before the people’s court, and one party applies to the Commission for arbitration while the other party fails to raise any objection before the arbitral tribunal’s first oral hearing, the Commission shall be deemed to have been selected.

Where an arbitration agreement does not specify the arbitration institution but stipulates that these Rules or the customized arbitration rules for a specific trade or profession of the Commission shall apply, the Commission shall be deemed to have been selected.

Rule 15 Objection to Arbitration Agreement

An objection to an arbitration agreement refers to a situation where a party objects to the existence or the validity of the arbitration agreement or the jurisdiction over an arbitration case, etc.

An objection, if any, to an arbitration agreement shall be raised in writing before the first oral hearing. [分页]Where the parties agree to hold no oral hearing, the objection, if any, shall be raised in writing before the expiry of the time period for submitting the Statement of Defence.

Where an objection is not raised in accordance with the provisions of the preceding paragraph, it shall be deemed that there is no objection to the arbitration agreement.

A party may apply to the Commission for a decision on its objection to the arbitration agreement or apply to the people’s court for a ruling. If one party applies to the Commission to make a decision and the other party applies to the people’s court for a ruling, the people’s court shall give a ruling.

Rule 16 Handling of Objection to Arbitration Agreement

The Commission or the arbitral tribunal shall make a decision upon any objection to an arbitration agreement in a timely manner.

The arbitration shall proceed notwithstanding an objection to the arbitration agreement.

Any decision made by the Commission based on evidence at the time available shall not affect the arbitral tribunal’s power to re-determine the objection on the basis of newly-discovered facts or evidence.

Where the people’s court, the Commission or the arbitral tribunal holds that an objection to an arbitration agreement is justified, the Commission or the arbitral tribunal shall terminate the arbitral proceedings. If the objection is held to be partially justified, the corresponding parts of the arbitral proceedings concerned shall be terminated.

Rule 17 Arbitration Invitation

If there is no arbitration agreement between the parties, and one party wishes to invite the other party through the Commission to resolve their dispute by arbitration and signs an Arbitration Invitation, the Commission shall forward the Arbitration Invitation with [分页]these Rules attached to the other party within five (5) days from the receipt of the Arbitration Invitation.

An arbitration agreement shall be deemed to have been concluded if the other party consents to arbitration in writing. The Commission shall notify the party signing the Arbitration Invitation to apply for arbitration in accordance with these Rules.

An arbitration agreement shall be deemed to have not been concluded if the other party refuses to accept the Arbitration Invitation or has not responded to it within ten (10) days from the receipt of the Arbitration Invitation.

Chapter 3 Application and Acceptance

Rule 18 Application for Arbitration

When applying for arbitration, the Claimant shall submit the arbitration agreement, the Request for Arbitration, the evidence on which the arbitration claims are based and a list thereof, and the identification documents of the parties.

The Request for Arbitration shall include the following:

(1) the name, citizenship number, unified social credit code, address, postal code, telephone number, fax, email and other contact information of the Claimant and Respondent; where the Claimant or the Respondent is a legal person or an unincorporated organization, the name, the position, address, postal code, telephone number, fax, email and other contact information of the legal representative of the legal person or the person in charge of the unincorporated organization;

(2) the arbitration agreement on which the Request for Arbitration is based, including any special stipulations regarding the arbitral procedure and the manner of service;

(3) the specific arbitration claims and the facts and grounds on which these claims are based.

The Request for Arbitration shall be signed by the Claimant. Where the Claimant is a legal person or an [分页]unincorporated organization, the Request for Arbitration shall be signed by the legal representative or the person in charge or sealed by the company.

Rule 19 Single Arbitration under Multiple Contracts　Where a Request for Arbitration involves multiple contracts, a party shall initiate arbitrations separately. However, a party may initiate a single arbitration, provides that:

(1) the contents of the arbitration agreements in such contracts are identical or compatible;

(2) such contracts consist of a principal contract and its ancillary contract(s); or such contracts involve the same parties and the legal relationships are of the same nature;

(3) the disputes arise out of the same transaction or the same series of transactions.

Rule 20 Acceptance

If the Request for Arbitration meets the requirements for acceptance, the Commission shall 

notify 

the Claimant to pay the arbitration fees in advance and shall accept the case within five (5) days from the receipt of the arbitration fees.

If the Request for Arbitration does not meet the requirements for acceptance, the Commission shall notify the parties that the case has not been accepted and provide reasons for the non-acceptance.

If, after accepting a case, the Commission finds that the Request for Arbitration does not meet the requirements for acceptance, it shall decide to dismiss the Request for Arbitration.

Rule 21 Notice of Acceptance and Notice to Submit Statement of Defence

The Commission shall, within ten (10) days from the acceptance of the Request for Arbitration, send to the Claimant the Notice of Acceptance, these Rules, the Panel of Arbitrators and the Agreement on the Formation of Arbitral Tribunal, and send to the Respondent the Notice to Submit Statement of Defence, the Request for [分页]Arbitration and its exhibits, these Rules, the Panel of Arbitrators, and the Agreement on the Formation of Arbitral Tribunal. Where the Claimant applies in writing to postpone the service of the aforesaid documents to the Respondent, the service may be appropriately postponed.

Rule 22 Statement of Defence

The Respondent shall submit to the Commission the Statement of Defence, the evidence it relies on and a list thereof, and a proof of Respondent’s identity within fifteen (15) days from its receipt of the Notice to Submit Statement of Defence.

The Statement of Defence shall include:

(1) the name, domicile, citizenship identification number, unified social credit code, postal code, telephone number, fax, email and other effective means of communication of the Respondent; where the Respondent is a legal person or an unincorporated organization, the name, position, domicile, postal code, telephone number, fax, email and other effective means of communication of the legal representative of the legal person or the person in charge of the unincorporated organization;

(2) the main points of the defence and the facts and grounds on which such points are based.

The Statement of Defence shall be signed by the Respondent. Where the Respondent is a legal person or an unincorporated organization, it shall be signed by the legal representative or the person in charge or sealed by the company.

Failure by the Respondent to file a Statement of Defence does not affect the conduct of the arbitral proceedings.

The Commission shall, within five (5) days from receipt of the Statement of Defence, serve to the Claimant the Statement of Defence and its exhibits.

Rule 23 Counterclaim

The Respondent has the right to file a counterclaim.[分页]

A counterclaim shall be filed in writing within fifteen (15) days from the date of receipt of the Notice to Submit Statement of Defence. In case it is filed after the expiry of this time period, whether it is to be accepted or not shall be decided by the Commission. If an arbitral tribunal has been formed, the decision shall be made by the arbitral tribunal.

The acceptance of and defence to counterclaim shall be governed by the relevant provisions on acceptance of and defence to claim in this Chapter.

Rule 24 Amendment to Arbitration Claim and Counterclaim

If a party wishes to amend its claim or counterclaim, it shall so apply in writing before the conclusion of the debate of the final oral hearing. The Commission shall decide whether or not to accept the amendment. If the arbitral tribunal has been formed, the decision shall be made by the arbitral tribunal.

The acceptance of and defence to an application to 

amend a claim or counterclaim shall be governed by relevant provisions on acceptance of and defence to claims in this Chapter.

Rule 25 Advance Payment of Arbitration Fee

Where a party applies for arbitration or files a counterclaim, it shall pay the arbitration fee in advance in accordance with the regulations of the Commission.

The arbitration fee includes the registration fee and handling fee. Where a party has a difficulty in advancing the arbitration fee, the advance payment may be deferred upon the approval of the Chairman of the Commission.

Where a party fails to advance its arbitration fee within the prescribed time period, its application for arbitration or counterclaim shall be deemed to have not been filed.

Where a party fails to pay its full arbitration fee within the deferral period as approved, its application for arbitration or counterclaim shall be deemed to have been [分页]withdrawn.

Where a party amends its claim or counterclaim and a supplemented arbitration fee shall be paid accordingly, the provisions of the preceding paragraphs shall apply.

Rule 26 Conservatory Measures for Arbitration

A party may apply for conservatory measures in accordance with the law.

Where a conservatory measure is sought prior to application for arbitration, a party may submit its application for the conservatory measure directly to the competent people’s court; where a conservatory measure is sought during the arbitral proceedings, the Commission shall forward the application for conservatory measure and relevant materials to the competent people’s court as designated by the applying party.

Rule 27 Submission of Materials

When submitting the Request for Arbitration, a Statement of Defence, a Statement of Counterclaim, 

evidence, and other written documents, the parties shall make their submissions in five (5) copies. Where there is any addition to the number of parties or service addresses, additional copies shall be provided accordingly. Where a party applies for conservatory measures, it shall also provide additional copies accordingly. Where an arbitral tribunal is composed of a sole arbitrator, the number of copies submitted may be reduced by two.

Electronic versions of the documents mentioned above may be submitted to the Commission simultaneously.

Rule 28 Withdrawal of Application for Arbitration or Counterclaim

Applications for arbitration or counterclaim that have been accepted by the Commission may be withdrawn by a party. In the event of such withdrawal, the Commission or the arbitral tribunal shall make a decision to terminate the arbitral proceedings, and shall have power to decide that the corresponding arbitration [分页]fee shall be borne by the party making the withdrawal. Where the parties have agreed otherwise, such agreement shall prevail.

Where a party has withdrawn its application for arbitration or counterclaim, it may apply for arbitration again.

Rule 29 Joinder of Additional Parties

Prior to the formation of the arbitral tribunal and upon the approval of the Commission, a party may apply for joinder of additional parties based on the same or relevant arbitration agreement.

A Request for Joinder of Additional Parties shall be submitted to the Commission where a party wishes to join an additional party to the arbitration. The provisions on application for arbitration, acceptance and defence in this Chapter shall apply to any application, acceptance, defence and other matters concerning the additional parties.

Once the arbitral tribunal is formed, an application 

for joining an additional party shall not be accepted, unless it has been agreed by the Claimant, the Respondent and the additional party sought to be joined.

Rule 30 Representatives

The parties and their legal representative(s) may entrust lawyer(s) or other representative(s) to participate in the arbitration. Where an arbitration is conducted through entrusted lawyer(s) or other representative(s), the identification document(s) and Power(s) of Attorney of such person(s) shall be submitted to the Commission.

A Power of Attorney shall explicitly state the matter entrusted and scope of authority. Where there is any change or revocation by a party of the representative(s), the matter entrusted, or the scope of authority, the party shall notify the Commission in writing. Any change to the representative(s) or the scope of authority shall not affect the arbitral proceedings already conducted.

Chapter 4 Formation of the Arbitral Tribunal

Rule 31 Panel of Arbitrators[分页]

The Commission shall establish a Panel of Arbitrators.

The parties shall nominate arbitrators from the Panel of Arbitrators provided by the Commission.

Rule 32 Formation of the Arbitral Tribunal

An arbitral tribunal shall be composed of either three arbitrators or a single arbitrator. For an arbitral tribunal of three arbitrators, there shall be a presiding arbitrator.  

Where the parties agree that the arbitral tribunal shall consist of a single arbitrator, such agreement shall prevail. Where there is no such agreement between the parties, the arbitral tribunal shall be composed of three arbitrators.

Rule 33 Nomination of Arbitrators

Where the arbitral tribunal is to be composed of three arbitrators, the parties shall, within 15 days from the date of receipt of the Notice of Acceptance or the Notice to Submit Statement of Defence, respectively nominate one arbitrator to be a member of the arbitral tribunal, and shall jointly nominate the presiding arbitrator within 15 days from the date of receipt of the Notice to Submit Statement of Defence by the Respondent.

Where there are two or more parties on one side of a case, the arbitrator shall be jointly nominated by each side within the above time period. If no agreement is reached within the time period, it shall be deemed that no arbitrator has been nominated.

The parties may, within the above time period, each recommend one to three candidates to be the presiding arbitrator. Where there is one common candidate, such candidate shall be the presiding arbitrator jointly nominated by the parties. Where there are more than one common candidates, the Chairman of the Commission shall, according to the specific circumstances of the case, appoint one of them as the presiding arbitrator as jointly nominated by both sides. Where there is no joint recommendation or no recommendation [分页]within the time period, it shall be deemed that no presiding arbitrator has been jointly nominated.

Where the parties have agreed that the arbitral tribunal shall be composed of one arbitrator, the arbitrator shall be jointly nominated by the parties within 15 days from the date when the Respondent receives the Notice to Submit Statement of Defence.

Before the formation of an arbitral tribunal, if the Commission grants an application for an additional party to be joined, the additional party shall, together with the Claimant or the Respondent, participate in the nomination of arbitrators in accordance with the above provisions. After the formation of an arbitral tribunal, if the arbitral tribunal grants an application for an additional party to be joined, the additional party joined shall be deemed to accept that the arbitral tribunal may proceed to hear the case. However, this does not affect the right of such party to challenge an arbitrator in accordance with these Rules.

Where a party raises an objection to the arbitration agreement before the expiry of the time period for arbitrator nomination and without nominating an arbitrator, and if the Commission has determined that the objection shall not succeed, such party shall nominate an arbitrator within five (5) days from its receipt of such determination.

Where an arbitrator from overseas, the Hong Kong Special Administrative Region, the Macao Special Administrative Region, or the Taiwan region has been nominated by a party, such party shall advance a reasonable fee in accordance with such arbitrator’s fee standard. In the event that such fee has not been paid within the time period prescribed by the Commission, such arbitrator shall be deemed not to have been nominated.

Rule 34 Appointment of Arbitrators

The Chairman of the Commission shall appoint the members of an arbitral tribunal in any of the following circumstances:

(1) The parties have jointly entrusted the Chairman of the Commission to appoint arbitrator(s);[分页]

(2) The parties fail to jointly nominate the arbitrator(s) or the presiding arbitrator;

(3) The parties fail to nominate an arbitrator or nominate an arbitrator after the expiry of the prescribed time period.

Rule 35 Notice of Formation of Arbitral Tribunal

Promptly after the formation of the arbitral tribunal, the Commission shall notify the parties in writing of such formation.

Rule 36 Disclosure

The arbitrator having been nominated or appointed shall sign a Declaration and disclose in writing any circumstances that may give rise to justifiable doubts as to his/her independence or impartiality.

Where circumstances that need to be disclosed arise during the arbitral proceedings, an arbitrator shall promptly disclose such circumstances in writing.

Upon receipt of the written disclosure of an arbitrator, a party wishing to challenge the arbitrator shall submit the challenge in writing within ten (10) days. If a party fails to submit a challenge within the above time period, it may not subsequently challenge the arbitrator on the basis of the matters hereof disclosed by the arbitrator.

Rule 37 Challenge

An arbitrator shall voluntarily withdraw from office and the parties shall have the right to challenge the arbitrator, if the arbitrator:

(1) is a party of the case, or a close relative of a party or representative in the case.

(2) has an interest in the outcome of the case;

(3) is otherwise related to a party or a party representative of the case, which may affect the fairness of the arbitration;

(4) has privately met with a party or a party [分页]representative or has accepted from a party or a party representative an invitation to entertainment or a gift.

(5) has other circumstances that require a withdrawal.

The provisions of the preceding paragraph shall also apply to any challenge concerning a case secretary, translator or appraiser.

Rule 38 Filing of Challenge

A party may challenge an arbitrator in writing and shall state its reasons for the challenge with supporting evidence.

Any challenge shall be filed prior to the first oral hearing. Where a party becomes aware of a reason for challenge after the first oral hearing, the party shall challenge the arbitrator before the conclusion of the last oral hearing. In the event that the case will not have another oral hearing or shall be arbitrated without an oral hearing according to the agreement of the parties, a challenge shall be filed within ten (10) days from the day 

such party knows or should have known of such reason.

The Commission shall promptly notify the other parties, the challenged arbitrator and the other arbitrators of the arbitral tribunal of the filed challenge. The arbitrator being challenged and other parties shall be entitled to submit their opinions on the challenge.

Where an arbitrator is challenged by one party and the other party agrees to the challenge, or the arbitrator being challenged voluntarily withdraws from his/her office, such arbitrator shall no longer be a member of the arbitral tribunal. However, in neither case shall it be implied that the reasons for the challenge are sustained.

If a party, after being informed of the formation of the arbitral tribunal, entrusts a representative, that raises any circumstance which would require an arbitrator to withdraw from his/her office, the party shall be deemed to have waived its right to challenge such arbitrator. However, the right of other parties to challenge on such matter shall not be affected. Fees relating to the resulting delay of proceedings shall be borne by the party which causes such challenge.[分页]

Where a party files a challenge against a case secretary, translator, or appraiser, the provisions of the preceding paragraphs of this Article shall apply.

Rule 39 Decision on Challenge

The decision on a challenge to an arbitrator, case secretary, translator, or appraiser shall be made by the Chairman of the Commission.

Rule 40 Replacement of Arbitrator

An arbitrator shall be replaced in the following circumstances:

(1) An arbitrator is unable to hear a case due to appropriate reasons;

(2) An arbitrator withdraws from his/her office by himself/herself or as decided by the Chairman of the Commission;

(3) The Chairman of the Commission decides that an arbitrator is prevented de jure or de facto from fulfilling his/her duties or has performed such duties in violation of these Rules;

(4) Other circumstances as may require the replacement of the arbitrator.

Where the arbitrator being replaced was nominated by a party, such party shall re-nominate an arbitrator within five (5) days from its receipt of the notice from the Commission; where such arbitrator was appointed by the Chairman of the Commission, the Chairman shall re-appoint an arbitrator. The Commission shall notify the parties in writing of the re-nominated or re-appointed arbitrator.

After the re-formation of an arbitral tribunal, the arbitral tribunal shall decide whether the previous proceedings in the case shall be repeated.

Chapter 5 Evidence

Rule 41 Forms of Evidence

Evidence shall include statements of parties, [分页]documentary evidence, physical evidence, audio-visual materials, electronic data, witness’s testimony, appraiser’s reports, transcripts of survey and other evidence stipulated by the law.

The originals of documentary evidence and physical evidence shall be submitted. Where there is difficulty in submitting the originals, replicas, extracts or photographs may be submitted together with an explanation of their sources.

Documentary evidence in a foreign language shall be submitted with versions in the language of arbitration that the parties have agreed on or in the language that the arbitral tribunal has requested.

Rule 42 Burden of Proof

A party shall bear the burden of proving the facts on which it relies to support its claim(s) or counterclaim(s).

A party shall categorize and compile the evidence that it submits, with a brief explanation of its source, purpose and contents, and indicate the person who 

makes the submission and date of submission.

Where a party fails to produce evidence or where the evidence that it produces is not sufficient to support its claim(s) or counterclaim(s), it shall bear the consequences thereof.

Rule 43 Period for Production of Evidence

The parties shall produce evidence within the time period specified by the arbitral tribunal.

If there is difficulty producing evidence within the time limit, a party may apply for an extension in writing. The decision on whether to grant the extension applied for shall be made by the arbitral tribunal.

Rule 44 Investigation and Evidence Collection by the Arbitral Tribunal

The arbitral tribunal may, where it considers it necessary, undertake investigation and collect evidence upon the application of a party or at its discretion .

When investigating and collecting evidence, the [分页]arbitral tribunal may notify the parties to be present. In the event that one or both parties fail to be present after being notified, the investigation and collection of evidence shall proceed without being affected.

Rule 45 Appraisal

The arbitral tribunal may decide to conduct appraisal upon parties’ application or as it considers necessary. Where the arbitral tribunal decides to conduct appraisal, it shall notify the parties to jointly select an appraisal agency within the specified time period. In case the parties fail to jointly select an appraisal agency, the arbitral tribunal shall designate one.

The parties shall pay the appraisal fee, according to the proportion as agreed upon by the parties or as determined by the arbitral tribunal, within the prescribed period. The final allocation of such fee shall be decided by the arbitral tribunal.

The appraiser’s report shall be served upon the parties, to which they may submit their written opinions or make inquiries to the appraiser at the oral hearing. The appraiser shall make an explanation, interpretation or supplementation. Where the arbitral tribunal approves the appraiser’s non-attendance of the oral hearing, the appraiser shall respond to objections and inquiries in writing.

If the appraisal cannot proceed because the party who bears the burden of proof on the appraisal matter fails to advance the appraisal fee or to provide the materials or objects that are necessary for the appraisal, the party shall bear the consequence thereof.

Where there is any controversy over issues such as the relevance of the materials or objects needed for appraisal, a decision shall be made by the arbitral tribunal.

Rule 46 Witness Testimony

The parties shall apply in writing for witnesses to testify in an oral hearing. The decision on whether to approve it shall be made by the arbitral tribunal. The said written application shall contain the personal and contact information of the witness and the matters to be proved [分页]by the witness. The witness’ identification documents shall be attached to the application.

The arbitral tribunal and the parties may question witnesses over the relevant matters. Witnesses are obligated to answer these questions truthfully.

Rule 47 Supplementary Evidence

The arbitral tribunal may require the parties to provide supplementary evidence after the oral hearing. Where one party fails to submit such materials within the period specified by the arbitral tribunal, the party shall be deemed to have failed to produce evidence, unless the other party consents or the arbitral tribunal decides otherwise.

Rule 48 Examination of Evidence

The arbitral tribunal may organize for the exchange of evidence between the parties if it considers necessary.

Evidence shall be produced at the oral hearing and may be examined by the parties. After being clarified by the arbitral tribunal during the oral hearing, evidence 

already recognized by the parties during the exchange period before the oral hearing does not need to be produced again. Such evidence may be directly relied upon as proof in finding the facts.

If the arbitral tribunal decides to accept evidence submitted during or after the oral hearing and there is no subsequent oral hearing, the arbitral tribunal may require the parties to submit their written opinions on the evidence within a time period specified by the arbitral tribunal.

Where the parties agree not to have an oral hearing, they may examine evidence in writing.

The arbitral tribunal shall inform the parties of the investigation results. Evidence collected by the arbitral tribunal shall be forwarded to the parties for their opinions.

Rule 49 Assessment of Evidence

Evidence shall be assessed by the arbitral tribunal. Whether or not an appraiser’s report is to be admitted [分页]shall also be decided by the arbitral tribunal.

Where a party neither acknowledges nor denies facts asserted by another party, and upon inquiry by the arbitral tribunal it still does not explicitly express acknowledgement or denial, it shall be deemed to have acknowledged the facts.

Where a party, in its Request for Arbitration, Statement of Defence, statements or other written materials acknowledges facts and evidence unfavorable to itself, the arbitral tribunal shall confirm such facts and evidence, unless the party concerned withdraws its statement and proves the contrary by other evidence.

Where a party requests another party to provide specific evidence and the request has been approved by the arbitral tribunal, and the party possessing the evidence refuses to provide it, the arbitral tribunal may presume that the evidence is unfavorable to the possessor of the evidence.  

Chapter 6 Hearing

Rule 50 Conduct of Hearing

An arbitration shall be conducted with an oral hearing.

Where the parties agree not to hold an oral hearing, the arbitral tribunal may examine the case in writing on the basis of the Request for Arbitration, the Statement of Defence and other materials. The arbitral tribunal may require the parties to make further explanations on the materials submitted by them.

With the consent of the parties from both sides, an arbitration may be conducted online or by other means.

Regardless of the means of conducting a hearing adopted, the arbitral tribunal shall treat parties from both sides fairly and impartially and give parties from both sides reasonable opportunities to be heard.

Rule 51 Confidentiality

Hearings shall be held in camera. Where the parties agree on a hearing in public, the hearing may be [分页]conducted in public unless the case involves state secrets, trade secrets of a third party or otherwise are not suitable for disclosure.

For a case that is held in private, the parties and other participants in the arbitration shall not disclose to any outsiders the substantive or procedural information of the case.

Rule 52 Place of Oral Hearing

The oral hearing shall be held at the location of the Commission. Where the arbitral tribunal considers it necessary and with the approval of the Commission, it may hold the oral hearing at another location.

The oral hearing may be held at a place other than the location of the Commission that has been agreed upon by the parties. Any additional expenses arising from this shall be borne by the parties.

Rule 53 Consolidated Hearing

Two or more arbitrations may be examined in a consolidated hearing upon the consent of parties if the facts and grounds in the arbitrations are connected to each other and the subject matter of the arbitrations are of the same nature.

The provisions of the preceding paragraph shall not apply if the compositions of the arbitral tribunals are different.

Rule 54 Notice of Oral Hearing

The Commission shall notify the parties of the time and place of the oral hearing five (5) days before the first oral hearing of the arbitral tribunal. If parties from both sides agree to hold the oral hearing earlier, the arbitral tribunal shall decide the time of the oral hearing. If a party has justified reasons for requesting a postponement of the oral hearing, it shall communicate such request to the arbitral tribunal three (3) days before the time fixed for the oral hearing. Whether to postpone the oral hearing shall be decided by the arbitral tribunal.

A notice of oral hearing after the first oral hearing shall not be subject to the time period of five (5) days.[分页]

Rule 55 Pre-Hearing Preparations

Before the first oral hearing, the arbitral tribunal may send lists of questions to the parties, call on parties from both sides to exchange and examine evidence, identify the issues at dispute and the scope of the arbitration, and put the relevant matters on record.

Rule 56 Default

If the Claimant fails to appear at an oral hearing without showing justified reasons or withdraws from an on-going oral hearing without the permission of the arbitral tribunal, the Claimant may be deemed to have withdrawn its application for arbitration. If the Respondent fails to appear at an oral hearing without showing justified reasons or withdraws from an on-going oral hearing without the permission of the arbitral tribunal, the arbitral tribunal may proceed with the arbitration by default and make a default award.

The provisions of the preceding paragraph shall apply to any counterclaim as well.

Rule 57 Oral Hearing

During an oral hearing, parties are entitled to present their case, produce and examine the evidence, and present their arguments for debate. At the end of the hearing, the arbitral tribunal shall invite closing statements from the parties.

The closing statement of a party may be presented during the oral hearing or submitted to the arbitral tribunal in writing within a time period specified by the arbitral tribunal.

Rule 58 Record of Oral Hearing

The arbitral tribunal shall make a written record of the oral hearing and may make an audiovisual record simultaneously. Any party or participant in the arbitration may apply for a correction upon finding any omission or mistake in the record regarding its own statements. If the application for correction is refused by the arbitral tribunal, the case secretary shall nevertheless keep a record of the application.[分页]

The written record of an oral hearing shall be signed or sealed by the arbitrator(s), the parties, other participants in the arbitration and the case secretary. The case secretary shall keep a record of any circumstance of a refusal to sign or seal.

Rule 59 Suspension and Resumption of the Arbitral Proceedings

Arbitral proceedings shall be suspended in any of the following circumstances:

(1) Parties from both sides jointly request a suspension;

(2) A party is unable to participate in the oral hearing for reasons beyond the party’s control;

(3) The arbitration must depend on the outcome of another case which has not been concluded yet;

(4) Other circumstances as may require a suspension.

The arbitration proceedings shall resume after the 

elimination of the circumstance giving rise to the suspension.

A decision on the suspension or resumption shall be made by the Commission. However, after the arbitral tribunal is formed, the decision shall be made by the arbitral tribunal.

Rule 60 Decisions on the Arbitral Proceedings

The arbitral tribunal may decide on the procedural matters in respect of the arbitral proceedings.

Where an arbitral tribunal is composed of three arbitrators, such decision shall be made by a majority of the arbitrators. Any dissenting opinion shall be kept in the record of deliberation. Where an arbitral tribunal cannot reach a majority opinion, the decision shall be made in accordance with the presiding arbitrator's opinion.

Chapter 7 Settlement, Conciliation and Award

Rule 61 Settlement[分页]

The parties may reach a settlement on their own. Where a settlement agreement is reached, the application for arbitration may be withdrawn, or the arbitral tribunal may be requested to make an award in accordance with the settlement agreement.

Where the arbitral tribunal has justifiable doubts on the legality or authenticity of the settlement agreement or considers that it may infringe upon the interests of a third party or the public, the application for arbitration shall be dismissed if the party does not withdraw it.

Rule 62 Conciliation

The arbitral tribunal may conduct conciliation at the request of or with the consent of the parties.

The arbitral tribunal shall terminate the conciliation proceedings if either party so requests or if the arbitral tribunal considers that further conciliation efforts will be futile.

If an agreement is reached through conciliation, the arbitral tribunal shall make a conciliation statement, or make an award in accordance with the results of the conciliation upon the application of the parties. The conciliation statement and the award shall have the same legal effect.

The conciliation statement shall specify the arbitration claim(s), the results of the conciliation, and the allocation of arbitration fees.

The conciliation statement shall be signed or electronically signed by the arbitrators, and the seal or the electronic signature of the Commission shall be affixed to it. The conciliation statement shall become legally effective after it is signed for receipt by parties from both sides.

In the event that conciliation fails or one party withdraws before a conciliation statement is signed for receipt the arbitral tribunal shall proceed to render an award in a timely manner.

The parties shall not invoke any statement, opinion or suggestion made by the parties or arbitrators during the process of conciliation in the subsequent arbitral [分页]proceedings or any other proceedings. Opinions expressed by the parties during the process of conciliation shall not be taken as a basis for decisions in an award.

Rule 63 Supplementation and Correction of Conciliation Statement

The arbitral tribunal shall, on its own initiative, make supplementation and correction of any typographical or computational error of a conciliation statement which has come into effect. Where a party requests for such supplementation and correction, it shall apply in writing within thirty (30) days from its receipt of the conciliation statement.

The supplementation and correction to the conciliation statement shall form part of the original conciliation statement.

Rule 64 Making of Award

Where a case is examined by an arbitral tribunal composed of three arbitrators, the case shall be deliberated before the award is rendered, and the case secretary shall make

a record of deliberation.

An award shall be rendered by a majority of arbitrators. Any written dissenting opinion of the minority shall be kept in the record of deliberation. Where the arbitral tribunal fails to reach a majority opinion, the decision shall be rendered in accordance with the presiding arbitrator's opinion.

The arbitral tribunal shall state in the award the claim(s), the facts of the dispute, the reasons for the award, the result of the award, the time limit for performance of the award, the allocation of the arbitration fees, and the date on which the award is rendered. The facts of the dispute and the reasons on which the award is based may not be stated in the award if the parties have so agreed.

The award shall be signed or electronically signed by the arbitrators, and the seal or the electronic signature of the Commission shall be affixed to the award. The [分页]arbitrator holding a dissenting opinion on the award may choose not to sign his/her name, but shall issue a written opinion.

The draft award shall be submitted to the Commission for scrutiny, and the Commission may bring the attention of the arbitral tribunal to any issues to be addressed in the award.

The award shall come into legal effect on the day it is rendered.

Rule 65 Partial Awards

Where the arbitral tribunal considers it necessary, or where a party so requests and the arbitral tribunal approves, the arbitral tribunal may render a partial award disposing of particular claims before proceeding to render the final award.

The failure by any party to perform a partial award shall not affect the arbitral proceedings.

Rule 66 Time Period for Making an Award

The arbitral tribunal shall make its award within three (3) months from the date on which the arbitral tribunal is formed. Where an extension is required, approval of the Chairman of the Commission shall be obtained.

The aforesaid period shall not include the period of suspension or appraisal.

Where a party applies for amending its claim or filing a counterclaim, the time period for rendering an award shall be re-calculated from the date of acceptance of the application.

Rule 67 Supplementation and Correction of Awards; Additional Awards

The arbitral tribunal shall, on its own initiative, make supplementation and correction if there is any typographical or computational error of the original award.

The arbitral tribunal shall render an additional award if there is any omission of claims.[分页]

Where a party requests for supplementation and correction of an award, or an additional award, it shall apply in writing within thirty (30) days from its receipt of the award.

The Supplementation and Correction to the Award, or the Additional Award, shall form a part of the original award.

Rule 68 Re-Arbitration

Where a people’s court notifies the arbitral tribunal to re-arbitrate, the arbitral tribunal shall then decide on whether to re-arbitrate.

The award rendered through a re-arbitration shall replace the original award.

Rule 69 Allocation of Arbitration Fees

The arbitration fees shall be allocated in accordance with factors such as the circumstances of the parties’ claims supported by the arbitral award, the fault of the parties, and the degree of cooperation of the parties in the arbitral proceedings. The parties may negotiate on their own for the arbitration fees to be borne respectively.

The arbitral tribunal may, having regard to the circumstances of case, determine the conservatory fee, the appraisal fee and other expenses that should be borne by each party.

Rule 70 Performance and Execution of Award and Conciliation Statement

The parties shall perform the arbitral award or the conciliation statement within the time period specified in them.

Where a party fails to perform the award or the conciliation statement, the other party may apply to a competent people’s court for enforcement. In the event that the award or the conciliation statement shall be enforced outside the territory of the People’s Republic of China, the other party may apply to a competent court or other competent bodies overseas for enforcement in [分页]accordance with relevant conventions, treaties or other relevant regulations.

Chapter 8 Special Provisions for Summary Procedure

Rule 71 Scope of Application

Unless the parties have agreed otherwise, the provisions of this Chapter shall apply to any case where the amount in dispute does not exceed RMB 3,000,000.

Where the amount in dispute exceeds RMB 3,000,000 due to an amendment of a claim or the filing of a counterclaim, the application of the Summary Procedure shall not be affected.

The relevant provisions in the other Chapters of these Rules shall apply to matters not covered in this Chapter.

Rule 72 Notice of Acceptance and Notice to Submit Statement of Defence

The Commission may accept an application for arbitration which accords with these Rules, promptly after the Claimant pays the arbitration fees, and shall send to the parties the Notice of Acceptance, the Notice to Submit Statement of Defence, the Request for Arbitration, these Rules, the Panel of Arbitrators, and the Agreement on the Formation of Arbitral Tribunal.

The Respondent shall submit the Statement of Defence within ten (10) days from the receipt of the Notice to Submit Statement of Defence. The counterclaim, if any, shall be filed within the same time period. The Commission shall forward the Statement of Defence, or the Statement of Counterclaim and the Notice to Submit Statement of Defence to Counterclaim to the other party within five (5) days from the receipt of the Statement of Defence or the acceptance of the counterclaim. The other party shall submit the Statement of Defence to the Counterclaim within ten (10) days from the receipt of the Notice to Submit Statement of Defence to the Counterclaim.

Rule 73 Formation of the Arbitral Tribunal

The arbitral tribunal shall be composed of one [分页]arbitrator.

Where the parties agree that the arbitral tribunal shall be composed of three arbitrators, such agreement shall prevail, but the parties shall bear the additional arbitration fees.

Rule 74 Nomination and Appointment of the Sole ArbitratorWithin ten (10) days from the receipt by the Respondent of the Notice to Submit the Statement of Defence, the Claimant and the Respondent shall jointly nominate, or entrust the Chairman of the Commission to appoint the sole arbitrator.

The parties may, within the above time period, each recommend one to three arbitrators as candidates for the formation of the arbitral tribunal. Where there is one common candidate, such candidate shall be the sole arbitrator jointly nominated by the parties. Where there are more than one common candidates, the Chairman of the Commission shall appoint the sole arbitrator from among the common candidates according to the specific circumstances of the case.

If there is no joint nomination or joint recommendation within the time period, the sole arbitrator shall be appointed by the Chairman of the Commission.

Rule 75 Notice of Oral Hearing

Generally, an oral hearing shall be held only once. The Commission shall notify the parties of the date and place of the oral hearing three (3) days before the oral hearing. In case the arbitral tribunal considers a subsequent oral hearing necessary, a notice of a subsequent oral hearing to be sent by the Commission shall not be subject to the time period of three (3) days.

Rule 76 Change of Procedure

During the Summary Procedure, the Summary Procedure may be changed to the general procedure under the parties’ application or the decision of the arbitral tribunal who considers the change of procedure necessary. Such change is subject to the approval of the Chairman of the Commission.[分页]

If the original arbitral tribunal is composed of one arbitrator, the parties shall nominate or entrust the Chairman of the Commission to appoint an arbitrator according to relevant provisions under these Rules within three (3) days from the receipt of the Notice of the Change of Procedure. The presiding arbitrator shall be the arbitrator of the original arbitral tribunal unless the parties have agreed otherwise.

Where the parties from both sides apply for a change to the general procedure in accordance with the provisions of the preceding paragraphs, they shall bear the additional arbitration fees.

After a change of procedure, a decision on whether or not the arbitral proceeding that has already been conducted will be repeated shall be made by the arbitral tribunal.

Rule 77 Time Period for Making an Award

The arbitral tribunal shall make its award within two (2) months from the date on which the arbitral tribunal is formed. Where an extension is required, approval of the Chairman of the Commission shall be obtained.

Chapter 9 Special Provisions for International Commercial Arbitration

Rule 78 Scope of Application

Unless the parties have agreed otherwise, provisions under this Chapter shall apply to international commercial disputes. The relevant provisions in the other Chapters of these Rules shall apply to matters not covered in this Chapter.

For arbitrations related to the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan region, the provisions in this Chapter shall be referred to and applied.

Where a party raises an objection as to the existence of international elements of the case, the tribunal shall make a decision on the objection, but this does not affect the past arbitral proceedings. Where the tribunal decides that the case has international elements, the provisions of [分页]this Chapter shall apply.

Rule 79 Defence and Counterclaim

The Respondent shall file a Statement of Defence in writing within thirty (30) days from the date of its receipt of the Notice to Submit Statement of Defence. The counterclaim, if any, shall be filed within this same time period.

The Commission shall forward the Statement of Defence, or the Statement of Counterclaim and the Notice to Submit Statement of Defence to Counterclaim to the other party within fifteen (15) days from the receipt of the Statement of Defence or the acceptance of the counterclaim.

The other party shall submit the Statement of Defence to Counterclaim within thirty (30) days from the receipt of the Notice to Submit Statement of Defence to Counterclaim.

Rule 80 Formation of the Arbitral Tribunal

The arbitral tribunal shall be composed of three arbitrators. Where the parties agree that the tribunal shall be composed of one arbitrator, such agreement shall prevail.

The parties may nominate arbitrators from the Panel of Arbitrators provided by the Commission or agree to nominate arbitrators from outside the Panel. Where the parties agree to nominate arbitrators from outside the Panel, they shall submit the basic information and specific contact information details of the nominees to the Commission, and such nominees may act as arbitrators upon the Commission’s confirmation.

Within thirty (30) days from the receipt of the Notice of Arbitration or the Notice to Submit Statement of Defence, the parties shall respectively nominate, or entrust the Chairman of the Commission to appoint an arbitrator, and jointly nominate or entrust the Chairman of the Commission to appoint the presiding arbitrator.

Where the parties fail to nominate or entrust the Chairman of the Commission to appoint the arbitrators, [分页]the arbitrators shall be appointed by the Chairman of the Commission.

Rule 81 Notice of Oral Hearing

The parties shall be notified of the date and the place of the first oral hearing fifteen (15) days before the first oral hearing. The arbitral tribunal may hold the oral hearing earlier if the parties have so agreed. If the parties have justified reasons for requesting a postponement of the oral hearing, they shall communicate such request to the arbitral tribunal five (5) days before the fixed time of the oral hearing. Whether to postpone the oral hearing shall be decided by the arbitral tribunal.

A notice of a subsequent oral hearing shall not be subject to the time period of fifteen (15) days.

Rule 82 Interim Measures

Where the place of execution of the conservatory measures or other interim measures is abroad or in the Hong Kong Special Administrative Region, the Macao Special Administrative Region or the Taiwan Region, the 

party wishing to apply for such interim measures, in accordance with the relevant laws and regulations of the country or region where the execution is sought, shall submit an application to the Commission with supporting evidence.

In accordance with the relevant laws and regulations of the country or region where the execution is sought, the Commission may, under practical circumstances, forward the application for interim measures to the competent courts to decide. The decision may also be made by the arbitral tribunal or the emergency arbitrator authorized by these Rules.

Where an interim measure is handled by the arbitral tribunal or the emergency arbitrator, they may, in accordance with the relevant laws and regulations, order interim measures by making a decision, rendering an award, or other means recognized by the law. The arbitral tribunal or the emergency arbitrator may require the requesting party to provide appropriate security.

The parties may directly apply for interim measures [分页]to a competent court in accordance with relevant laws and regulations.

Rule 83 Emergency Arbitrator

After the acceptance of the case and before the formation of the arbitral tribunal, a party may, in accordance with relevant laws and regulations, apply to the Commission in writing for the appointment of an emergency arbitrator to handle its request for interim measures. The Commission shall decide on whether to approve such application.

Where the Commission considers it necessary, it may appoint an emergency arbitrator. The Chairman shall appoint an emergency arbitrator from the Panel of Arbitrators in a timely manner after the parties have paid the emergency arbitrator’s fees, and shall notify the parties of the appointment.

The disclosure and challenge of emergency arbitrators shall refer to the provisions of these Rules.

The emergency arbitrator may examine the 

application for interim measures in such manner as he/she deems appropriate but shall afford each party a reasonable opportunity to present its case.

The emergency arbitrator shall make the decision or award within fifteen (15) days from the date of appointment. The decision or the award shall be sent to the parties after being signed or electronically signed by the emergency arbitrator and affixed with the seal or electronic signature of the Commission.

A party objecting to the relevant decision or award made by the emergency arbitrator may apply for the modification, suspension or termination of the decision or award within three (3) days from the receipt of such document. The decision on whether to approve such application shall be made by the emergency arbitrator.

The mandate of the emergency arbitrator and the emergency arbitrator procedure shall be terminated on the day when the arbitral tribunal is formed. The emergency arbitrator shall not act as an arbitrator in a case related to the application of interim measures, [分页]unless the parties have agreed otherwise.

The decision or award made in the aforesaid proceedings by an emergency arbitrator may be modified, suspended or revoked by the arbitral tribunal.

Rule 84 Time Period for Making an Award

The arbitral tribunal shall make its award within six (6) months from the date on which the arbitral tribunal is formed. Where an extension is required, approval of the Chairman of the Commission shall be obtained.

Chapter 10 Supplementary Provisions

Rule 85 Time Limitation for Arbitration

If a time limitation for arbitration is provided by the law, such provisions shall apply. In the absence of such provisions, the time limitation for litigation shall apply.

Rule 86 Language of Arbitration

Where the parties have agreed on the language of arbitration, their agreement shall prevail. In the absence of such agreement, the language of arbitration to be used in the proceedings shall be Mandarin Chinese.

If a party or other arbitration participants requires interpretation at an oral hearing, an interpreter may be provided by the Commission and the party concerned shall bear the relevant costs.

Rule 87 Service of Documents

All written materials, including the arbitral documents, may be delivered in person to the parties, their representatives or other arbitration participants, or may be sent to them by mail, fax, email or by any other means considered appropriate by the Commission. Where the parties have agreed otherwise, such agreement shall prevail.

Where the service of documents is made by way of mail, such documents shall be deemed to have been served if delivered to the addressee’s place of business, place of registration, place of domicile, address as stated on the identification card, registered permanent residence address, address agreed by the parties, or other correspondence addresses, or if delivered to such addresses as provided by the other party.

If none of the aforesaid addresses can be ascertained after reasonable inquiries, the arbitration documents shall be deemed to have been served if delivered to the addressee’s last known place of business, place of registration, place of domicile, address as stated on the identification card, registered permanent residence address, address agreed by the parties, or [分页]other correspondence addresses.

Where service of documents is made by way of email, such documents shall be deemed to have been served at the arrival of the email to the address agreed by the parties or provided by a party on his/her own. If the documents fail to be delivered because the email address agreed or provided by the parties is wrong or has been cancelled, the documents shall nevertheless be deemed to have been served.

The party who provides his/her own service address shall issue the Confirmation of the Service Address and bear the consequences of the failure of service. The Claimant shall provide the service address of the Respondent and bear the legal consequences of the failure of service to the Respondent.

Where the service of documents is made by way of direct service, the signature date of the recipient on the service acknowledgement shall be the date of service. If the documents are served by post, the date of receipt by signature or the date of receipt on the service acknowledgement shall be the date of service.

Rule 88 Periods of Time

The time periods under these Rules shall not include the date of commencement.

Where the last day of a time period falls on a public holiday or a rest day, the first day following the public holiday or the rest day shall be the expiration date of the time period.

The time period shall not include the time en route. All arbitration documents shall be delivered before the expiration date of the period.

Where a party fails to comply with a period for reasons beyond the party’s control or for any other justifiable reasons, the party may apply for an extension of the period within ten (10) days after the elimination of the impediment. The Commission or the arbitral tribunal shall decide whether to grant an extension of the period.

Rule 89 Text

In the event of any discrepancy or inconsistency [分页]between the Chinese text of these Rules and other texts of these Rules, the Chinese text shall prevail.

Rule 90 Interpretation

These Rules shall be interpreted by the Secretariat. The headings of the articles in these Rules shall not be construed as interpretations of the contents of the corresponding provisions.

Rule 91 Coming into Force

These Rules shall be come into effect on January 1, 2022. For cases accepted by the Commission before these Rules come into effect, the Arbitration Rules effective at the time of acceptance shall apply. However, where the parties all agree, these Rules shall apply.

《青岛仲裁委员会仲裁规则》英文译本参与翻译单位及人员有北京市中伦律师事务所曹丽军律师、戴雯律师、严佳颖律师和郑光程律师。

The translation of the Arbitration Rules of the Qingdao Arbitration Commission (English version) was undertaken by Lijun Cao, Wen Dai, Angela Yan and Charles Tay of Zhong Lun Law Firm.