Wuxi Arbitration Commission

　　Arbitration Rules

　　(Revised and adopted at the 1st session of the 4th Wuxi

　　Arbitration Commission on Sep.7, 2016)

　　Chapter 1 General Provisions

　　Article 1

　　These arbitration rules are formulated by Wuxi Arbitration Commission (hereinafter referred to as the Commission) in accordance with relevant provisions of the Arbitration Law of the People’s Republic of China (hereinafter referred to as the Arbitration Law) and the Civil Procedure Law of the People’s Republic of China (hereinafter referred to as the Civil Procedure Law).

　　Article 2  

　　Contractual disputes and other disputes relating to property rights and interests occurred among natural persons, legal persons and other organizations with equal status within or outside the territory may be submitted to the Commission for arbitration in accordance with the relevant laws.

　　Article 3  

　　The Commission shall not accept the following arbitration applications:

　　(1) labor and personnel disputes;

　　(2)disputes within the agricultural collective economic organizations over agricultural contracts;

　　(3)disputes arising from marriage, adoption, guardianship, upbringing and inheritance;

　　(4)administrative disputes that shall be handled by the administrative organs according to the law.

　　Article 4  

　　Should either party participate or proceed with an arbitration proceedings when it knows or should have known the noncompliance of any term or condition set forth in Rules or an arbitration agreement and raise no objection in writing to such noncompliance at the Committee or an arbitral tribunal, the party will be deemed to have waived the right of objection.  

　　Article 5

　　The Commission is composed of one director, several vice directors and a number of members. The director shall perform duties as stipulated in the arbitration rules. The vice directors and general secretary may perform the director’s duties if it is entrusted by the director. The Commission sets up an general office, which handles routine duties of the Commission under the leadership of the general secretary.

　　Chapter 2 Arbitration Agreement

　　Article 6

　　Where the parties adopt arbitration to solve their disputes, they shall reach an arbitration agreement voluntarily. If a party applies for arbitration without the arbitration agreement, the Commission shall not accept the application.

　　Article 7

　　An arbitration agreement shall include the arbitration clauses as provided in the contract or an agreement in any written form for arbitration reached before or after the dispute occurs.

　　The arbitration agreement shall have the following contents:

　　(1) an expressed intent to apply to the Commission for arbitration;

　　(2) items for arbitration.

　　An agreement in any written form shall include agreements for arbitration in the form of contract, letter and data text (telegram, telex, fax, electronic data exchange, e-mail, internet immediate communication, short message service and multi-media message).

　　Where the parties agree in the arbitration agreement that Wuxi (municipal) arbitration body (organ) shall carry out the arbitration, or where the appointed name is not accurate, it can be inferred logically that arbitration shall be carried out by Wuxi Arbitration Commission, it shall be deemed that both parties have unanimously agreed to the arbitration by the Commission.

　　Where the parties agree in the arbitration agreement that the local arbitration body (organ) shall carry out the arbitration and the residence of both parties is in Wuxi, it shall be deemed that both parties have unanimously agreed to the arbitration by the Commission.

　　Where the parties generally define that the items for arbitration are contract disputes, the disputes arising from formation, effectiveness, modification, transfer, performance, liability for breach of contract, interpretation and rescission of the contract can be regarded as arbitration items.

　　Article 8

　　An arbitration agreement shall exist independently. modification, rescission, termination or invalidity of a contract shall not affect the validity of the arbitration agreement.

　　Failure to become effective after the contract is established or rescission of the contract shall not affect the validity of the arbitration agreement.

　　Where an arbitration agreement on the dispute is reached when both parties are forming a contract, failure to form the contract shall not affect the validity of the arbitration agreement.

　　Article 9

　　Where a party is merged or separated after an arbitration agreement is signed, the agreement shall be binding over the successor of such party’s rights and duties.

　　Where a party dies after the arbitration agreement is signed, the agreement shall be binding over the successor who succeeds the rights and duties relating to the arbitrated items.

　　The two preceding provisions shall not apply if the arbitration agreement provides otherwise.  

　　Article 10

　　Where creditor’s rights and liabilities are assigned completely or partially, the arbitration agreement shall be binding over the assignee unless the parties provides otherwise, or unless the assignee raises clear objection when creditor’s rights and liabilities are assigned, or unless the assignee is not aware that there is an independent arbitration agreement.

　　Article 11

　　If the parties agree in their contract to settle the dispute by applying an effective arbitration clause contained in other contracts /documents, and if the dispute arises, the parties may apply for arbitration based on such clause..

　　Article 12

　　Where the parties concerned dispute on the validity of the arbitration agreement, they may petition the Commission for a decision or petition the people’s court for a ruling. If one party petitions the Commission for a decision while the other party petition the people’s court for a ruling, the people’s court shall have the authority to make a ruling.

　　Any objection to the validity of the arbitration agreement or to the jurisdiction over an arbitration case shall be raised in a written form before the first hearing of the arbitration tribunal is open. If the parties  agree not to hold the hearings, such objection shall be raised before the first submission of the written defense.

　　Where parties concerned raise an objection to jurisdiction over an arbitration case, the Commission or the arbitration tribunal authorized by the Commission shall have the power to make a decision.

　　Where parties concerned fail to raise an objection to the validity of an arbitration agreement or to jurisdiction over an arbitration case, it will be deemed that they have admitted the validity of the arbitration agreement or jurisdiction over the arbitration case.

　　Article 13  

　　If both parties agree to submit their disputes to the Commission for arbitration, it will be deemed that they have agreed to the case being arbitrated as per these arbitration rules. Where the parties agree to apply these arbitration rules (or statements similar to the arbitration rules of Wuxi), but the arbitration body is not appointed, it will be deemed that both parties agree to submit the dispute to the Commission for arbitration. Where the parties concerned agree to apply other applicable arbitration rules or modification  of related contents of these rules, such agreement shall be followed except that their agreement cannot be carried out or conflict with the compulsory laws of the People’s Republic of China.

　　Chapter 3 Arbitration Application and Acceptance

　　Article 14

　　Parties who apply for arbitration shall meet the following requirements:

　　there is an arbitration agreement;

　　there are specific requests, facts and reasons for arbitration;

　　the application is within the scope of acceptance of the Commission.

　　Article 15  

　　The claimant who applies for arbitration shall submit the following documents to the Commission:

　　the arbitration agreement;

　　the application letter for arbitration and its copy;

　　the evidence materials on which the arbitration requests are based.

　　The application letter for arbitration shall specify the following items:

　　1, Basic informtation of the claimant and the respondent, including name, sex, age, profession, working unit, address, post code and telephone number in case of the natural person; name, domicile, post code and telephone number, legal representative or person in chief’s name, position and contact method in case of a legal person or other organizations;

　　2, Items of the claims and the facts and reasons on which the  claims are based;

　　3, Evidence and its source, name, domicile, post code and telephone number of the witnesses.

　　The application letter of arbitration shall be signed or stamped by the claimant.

　　Article 16

　　If the arbitration application is deemed to conform to the requirements of acceptance, the Commission shall accept it and notify the party within 5 days from the date of receiving the application. If the application does not meet the requirements, the Commission shall notify the party of its rejection and state the reasons in written form.

　　After receiving the arbitration application, if the Commission deems that the application does not conform to the provisions of article 14 of the arbitration rules, it may require the party to make amendment. The date of completion of the amendment shall be regarded as the date of acceptance.

　　Article 17

　　Within 5 days after accepting the arbitration application, the Commission shall send the notice of acceptance of the case, arbitration rules and roll of the arbitrators to the claimant, and shall send the notice of arbitration, a copy of arbitration application, arbitration rules and roll of the arbitrators to the respondent within 5 days after the claimant prepays the arbitration fee.

　　The respondent shall submit a written defense to the Commission within 15 days from the date of receiving the copy of the arbitration application. The Commission shall send a copy of the written defense to the claimant immediately after receiving the written defense. The respondent’s failure  to submit a written defense shall not affect the arbitration proceedings.

　　Article 18

　　The claimant may abandon or alter his arbitration claims. The respondent may accept or refute the arbitration claims. The respondent shall have the right to raise counter-claims.

　　The respondent’s counter-claim shall be put forward before the completion of the debate of the last hearing at the arbitration tribunal.

　　The counter-claim case does not need a separate arbitration tribunal unless these Arbitration Rules provide otherwise.

　　The items for arbitration in the counter-claim submitted by a respondent shall be within the scope of the arbitration agreement; the respondent in the counter-claim case must be the claimant of the case.

　　Other requirements for a counter-claim shall follow the provisions concerning the arbitration application in these arbitration rules.

　　Article 19

　　Modification of arbitration claims by the claimant or modification of the counter-claims by the respondent shall be put forward before completion of the debate of the last hearing at the arbitration tribunal. The Commission or its authorized arbitration tribunal shall decide whether to accept it.

　　The party concerned shall submit its written defense to the Commission within 15 days from the date of receiving the copy of application for modification of claims or the application for modification of the counter-claims. The failure of the party concerned to submit its written defense shall not affect the arbitration proceedings.

　　Article 20

　　The claimant shall prepay an arbitration fee according to the payment method of the Commission after receiving the notice of acceptance of the case. The arbitration fees include case acceptance fee and case handling fee.

　　Where the claimant has difficulty in paying the arbitration fee in advance, the payment may be deferred or reduced if the Commission approves claimant’s such application. Where the claimant neither pays the arbitration fee in advance nor applies for deferred or reduced payment, the application will be deemed not to be submitted.  

　　Article 21

　　The parties concerned shall submit five copies of arbitration documents and related evidence documents such as the arbitration application letter, written defense and application for counter-claim. If the other party exceeds two persons, additional copies shall be provided accordingly. When the arbitration tribunal consists of only one arbitrator, two copies may be reduced.

　　Article 22

　　A party may apply for interim preservation of property if it may be impossible or difficult to implement the arbitration award due to behavior of the other party or other causes.

　　Where the party applies for interim preservation of property, the Commission shall submit the application to the people’s court as per relevant provisions of the Civil Procedure Law.

　　If such application turns faulty, the claimant shall compensate the respondent for the losses resulting from interim preservation of property.

　　Article 23

　　Under the circumstances where the evidence may be destroyed and lost or be difficult to obtain later, the party concerned may apply for interim preservation of evidence. The Commission shall submit its application to the people’s court as per the relevant provisions of the Civil Procedure Law when the party applies for evidence preservation.

　　The claimant shall bear the losses resulting from the faulty application.

　　Article 24

　　The parties concerned or their statutory agents may entrust one or two agents to participate in the arbitration. The number of arbitration agents shall not exceed three persons.

　　Where the entrusted lawyers or other agents participate in the arbitration, an authorized letter of attorney shall be submitted to the Commission. Authorization in the authorized letter of attorney shall be clear and concrete.

　　Chapter 4  Formation of Arbitration Tribunal

　　Article 25

　　An arbitration tribunal may consist of either three arbitrators or one arbitrator. When there are three arbitrators, there shall be a chief arbitrator.

　　Article 26

　　The parties concerned shall respectively select one arbitrator or entrust the director of the Commission to appoint one arbitrator from the roll of the arbitrators. The third arbitrator shall be jointly selected by the parties concerned or designated by the director of the Commission under their joint entrustment. The third arbitrator shall be the chief arbitrator.

　　Should both parties designate a same person as one arbitrator at the collegiate bench and not designate or agree upon the chief arbitrator, the arbitrator agreed by both parties shall be the chief arbitrator. The Committee will send a notice requesting both parties to designate another arbitrator in five days after receipt of such notice.

　　Should there are two or more applicants or respondents, these applicants or respondents shall designate arbitrators or chief arbitrator together. If applicants or respondents cannot make an agreement, our Director will assign arbitrators or chief arbitrator.

　　Article 27

　　Applying the summary procedure in accordance with the arbitration rules,  the parties concerned may jointly select one arbitrator or entrust the director of the Commission to designate a sole arbitrator from the roll of the arbitrators to form the arbitration tribunal.

　　Article 28

　　Where the parties concerned fail to select the method of formation of the arbitration tribunal or fail to select the arbitrator within 15 days from the date of the respondent’s receiving the notice of arbitration, it shall be subject to the designation of the director of the Commission.

　　After the respondent’s objection to validity of arbitration or to the urisdiction of arbitration is rejected, the Commission shall notify the respondent to select the arbitrator within 15 days. If the respondent fails to select an arbitrator within the time limit, it shall be subject to the designation of the director of the Commission.

　　Article 29

　　If one party consists of more than two members, they shall, through consultation, select one arbitrator or entrust the director of the Commission to designate one arbitrator. Where the parties concerned fail to jointly select one arbitrator or jointly entrust the director of the Commission to designate one arbitrator within 15 days from the date of the respondent’s receiving the notice of arbitration, it shall be subject to the designation of the director of the Commission.

　　Article  30

　　After the arbitration tribunal is formed, the Commission shall send a written notice to the parties concerned of the formation of the arbitration tribunal within 5 days from the date of the formation of the arbitration tribunal.

　　Article 31

　　If the arbitrator accepts the selection of the parties concerned or the designation of the director of the Commission, he shall confirm that he has corresponding time to deal with the case, shall guarantee the impartial hearing,  and shall sign a statment. The arbitrator’s statment. shall be declare to each party.

　　Parties shall give advice on challenge or not in five days after receiving the written disclosure of arbitrators.

　　Article 32

　　Where the arbitration meets any of the following conditions, he, shall disclose such condition to the Commission and shall submit a request for avoidance. The party concerned shall have the right to request an avoidance of the arbitrator if he or she.

　　is a close relative of one party or its agent in the case;

　　has stake in the case;

　　has other relations with the party concerned or its agent which may affect the fair arbitration of the case;

　　meets the party concerned or its agent privately, or accepts gifts or attends entertainment hosted by the party concerned or its agent.

　　“Other relations”in (3) refer to:

　　1, those who provide prior consultancy on the case he is now hearing;

　　2, present legal adviser or agent of the party concerned, or former legal adviser of the party concerned and leaving the post less than two years;

　　3, those who work together with the party concerned or its agent, or worked together and left that unit less than two years;

　　4, those who recommend or introduce the agent to the party concerned;

　　5, those who once act as witness, appraiser, surveyor, defense counsel and lawsuit agent of present case or cases related to present case;

　　6, other items which may influence fair arbitration.

　　Article 33

　　Any party who has justification to suspect the impartiality and independence of the selected or designated arbitrator may apply for an avoidance  of the said arbitrator, but concrete facts and reasons shall be stated.

　　Article 34

　　While applying for an avoidance, the party concerned shall explain the reasons and shall submit the application prior to the first hearing. If the reasons for the avoidance are known after the first hearing, the application may be submitted before the end of the last hearing.

　　Should an agent engaged by either party constitute the challenge to any arbitrator after the information on organization of arbitral tribunal is known to such party, the party will be deemed to have waived the right of challenge. However, other parties reserve the right of challenge accordingly. The party is liable for delay of arbitration proceedings if it causes the challenge.  

　　Article 35

　　The director of the Commission shall decide whether the arbitrator concerned should be avoidance. Where the director of the Commission serves as arbitrator, the directors’ meeting of the Commission shall decide the avoidance.

　　Before any decision on an avoidance is made by the director or the directors’ meeting of the Commission, the arbitrator who is requested for withdrawal shall continue to perform his or her duties.

　　Article 36

　　Under any of the following circumstances, the arbitrator, selected by the party concerned, is not able to perform his duties as a arbitrator, the party concerned shall select a new arbitrator within 5 days from the date of receiving the notice of the Commission according to articles 25, 26 and 27 of this chapter; if the arbitrator is designated by the director of the Commission, a new arbitrator shall be designated and the party concerned shall be notified of the new arbitrator within 5 days:

　　(1) who is unable to handle the arbitration case due to a business trip or going abroad;

　　(2) who is ill and unable to handle the arbitration case;

　　(3) who shall avoid by law;

　　(4) who is dismissed by the arbitration commission except that both parties agree that the arbitrator can continue the hearings;

　　(5) other circumstances under which the arbitrator can’t perform the duties.

　　After another arbitrator is selected or designated, the parties concerned may request to redo the arbitration proceedings which havebeen done. The arbitration tribunal shall decide whether to allow such request. The arbitration tribunal may also make its own decision as to whether to redo the proceedings which have been done.

　　Article 37

　　If the case that an arbitrator meets the parties concerned or their agents privately, or accepts gifts or attends entertainment hosted by the parties concerned or their agents and such circumstances are serious, or if an arbitrator, in the course of arbitrating a case, solicits or takes bribes, engages in malpractice for personal gains or perverts the law in the ruling, the said arbitrator shall bear the legal liability according to law. The Commission has the power to terminate the duties of the said arbitrator.

　　Chapter 5  Hearing and Award

　　Article 38  

　　Arbitration shall be conducted by means of hearing. When the parties concerned agreed not to hold oral hearings, the arbitration tribunal may give an award based on the application letter for arbitration, written defense and other materials.

　　Article 39  

　　The arbitration is not open to the public. If the parties reach an agreement to open the arbitration process to the public, the arbitration may be open to the public except for the case involving state secrets.

　　Article 40

　　Where the subject of two or more arbitration cases are of the same category or interrelated, the arbitration tribunal may, if necessary, combine the hearings.

　　Previous provisions shall not apply to the cases where the compostion of the arbitration tribunal is different.

　　Article 41  

　　The Commission shall notify both parties the date of hearing 5 days prior to the first hearing; a hearing , subject to the approval of the arbitration tribunal, may be held ahead of schedule if both parties agree through consultation. Any party concerned may, with justified reasons, request to delay the hearing 3 days before the scheduled hearing. The arbitration tribunal shall decide whether to postpone the hearing or not.

　　The preceding paragraph shall not apply to the notice of the date of the second and subsequent hearings.

　　Article 42

　　When an arbitrator, in an exceptional case, requests a delayed hearing, he or she shall notify the Commission in time, and the Commission shall inform the parties concerned at once.

　　The failure of an arbitrator to notify the Commission as per previous provision shall be deemed to unable to perform the duties due to other reasons, to which article 35 of the arbitration rules shall be applicable.

　　Article 43  

　　If the claimant, having received the written notice, is absent from a hearing without justified reasons, or withdraws from a on-going hearing without permission from the arbitration tribunal, the arbitration application may be deemed to be withdrawn.

　　When the respondent, having received the written notice, is absent from a hearing without justified reasons, or withdraws from a on-going hearing without permission from the arbitration tribunal, a default ruling can be delivered.

　　Article 44  

　　The parties concerned shall provide evidences to support their allegations. If the law provides otherwise in respect of the burden of proof, such provision shall be followed. If the party fails to provide evidence, the arbitration tribunal may ascertain the facts of the case and give award based on the existing evidence.

　　The party who fails to provide evidence within the time limit required by the arbitration tribunal or whose evidence is unable to support their allegations shall bear the legal consequences of failure to produce the evidence.

　　The arbitration tribunal may collect evidences by its own if necessary. While investigating the facts and collecting the evidences, if the arbitration tribunal considers it necessary to call both parties present, it shall inform both parties timely. Where one party or both parties are absent after notification, the behavior of the arbitration tribunal to investigate the facts and collect evidences shall not be affected.

　　The parties concerned may examine the evidence collected by the arbitration tribunal and give opitions.

　　Article 45  

　　Parties shall classify and compile the evidence provided by themselves, make a brief description of the source, the purpose of proof, and the contents of the evidence,  and specify clearly the date of submission.

　　Article 46

　　Evidences shall be classified as follows:

　　statements of the parties;

　　documentary evidence;

　　material evidence;

　　audio-visual material;

　　electronic data;

　　testimony of witness;

　　expert’s opinions;

　　records of inspection.

　　The evidence can’t be used as basis for the facts unless it is proved to be ture after examination and verification.

　　Article 47

　　Documentary evidence requires the submission of the original documents. Material evidence reqruies the submission of the original materials. If it is difficult to submit the original documents or materials, their reproductions, photos, duplicates or extracts can be submitted.

　　If a document in a foreign language is submitted as evidence, a Chinese translation must be attached.

　　Article 48

　　If either party applies for an appraisal and the arbitral tribunal agrees, or if the arbitral tribunal thinks an appraisal necessary though either party does not apply for the same, parties will be notified to designate an appraiser unanimously within the time limit specified by arbitral tribunal. If parties cannot make an agreement, the arbitral tribunal will assign an appraiser.

　　Parties shall pay the appraisal fee in advance on a proportional basis agreed by them or determined by arbitral tribunal. If not, the arbitral tribunal has the right not to conduct an appraisal.

　　If an appraisal the arbitral tribunal thinks necessary cannot be done because one party does not pay the appraisal fee in advance according to the notice from arbitral tribunal, the party shall take corresponding responsibility.

　　The arbitral tribunal has the right to request parties to and parties have the duty to provide or show to the appraiser any document, data, property or other articles required for appraisal. If there is any dispute between parties and appraiser about whether required document, data, property or other articles is related to the case, the arbitral tribunal will make the decision.

　　The appraiser shall provide the expert opinion in writing and deliver to parties the copy of expert opinion. Parties have the right to comment on such expert opinion.

　　The appraiser will be notified to participate in the hearing if the arbitral tribunal thinks it necessary or upon the request of parties. With permission of arbitral tribunal, parties will ask questions about matters pertain to the expert opinion.

　　The period of appraisal is not included in the time limit of trial specified in Rules.

　　If the arbitral tribunal thinks it necessary to appraise special issues in hearing by default after service of arbitration document by public notice, parties may agree on an appraiser or the arbitral tribunal may designate an appraiser. The designation of appraiser and the cross-examination of appraisal report will not be publicized separately.

　　Article 49

　　If the arbitration tribunal thinks it necessary, it can summon both parties to exchange evidence before a hearing. The clerk shall make a record in the case file.

　　The evidence confirmed by the parties concerned and recorded in the file during the exchange of evidence may be used as basis for the facts after being explained by the arbitration tribunal at the hearing.

　　Article50

　　Evidence shall be presented at the time of hearings. The parties can cross-examine the evidence.

　　Before the end of a hearing, if the arbitration tribunal considers it necessary or the parties concerned apply for submission of additional evidence, the tribunal may allow the parties to provide evidence within a time limit. If the parties fail to provide evidence within the time limit, the arbitration tribunal may ascertain the case based on the existing evidence and make a ruling.

　　If the parties concerned provide evidence after a hearing, the arbitration tribunal may decide to examine the evidence by means of holding a hearing or in written form.

　　Article 51

　　The parties have the right to debate in the course of arbitration. When the debate comes to an end, the chief arbitrator or the sole arbitrator shall seek the final opinions from the parties.

　　Article 52  

　　The arbitration tribunal shall record the hearings in writing. Where the parties concerned or other arbitration participants find something in the records of their statements missing or faulty, they have the right to apply for rectification. If rectification is not allowed, such application shall be recorded.

　　The written records of hearings shall be signed or stamped by arbitrators, clerk, the parties and other arbitration participants.

　　Article 53

　　The parties may reconcile on their own after the arbitration is initiated. Where a reconciliation agreement is reached, the parties may request the arbitration tribunal to produce a mediation statement or an award according to the reconciliation agreement. The party concerned may also withdraw the application for arbitration.

　　When a party withdraws the application for arbitration, the decision to cancel the case shall be made by the arbitration tribunal. If the arbitration tribunal is not formed, the Commission shall make the decision.

　　Article 54

　　After both parties reach an reconciliation agreement and the arbitration application is withdrawn, if either party wants to back off the reconciliation agreement, it may reapply for arbitration as per the arbitration agreement.

　　Article 55

　　The arbitration tribunal may mediate prior to making an award. Where the parties have a desire for mediation, the arbitration tribunal shall mediate. When mediation fails, an award shall be made timely.

　　Where an agreement is reached through mediation, the arbitration tribunal shall make a mediation statement or an award based on the results of the agreement. The mediation statement and the arbitral award shall have the equal legal effect.

　　Article 56

　　The mediation statement shall clearly speicify the items of claims and the contents of the agreement reached by both parties. The mediation statement shall be signed by the arbitrators, stamped by the Commission and served to both parties.

　　The mediation statement becomes effective after being received and signed by both parties.

　　Where either party wants to back off before the mediation statement is being served and signed, the arbitration tribunal shall render an award in time.

　　Article 57

　　Where a case is heard by an arbitration tribunal consisting of three arbitrators, an award shall be made based on the opinions of all the arbitrators or the majority of arbitrators.

　　Dissenting opinions of the minority of the arbitrators may be recorded in the case file. When the arbitration tribunal fails to reach a majority opinion, an award shall be render based on the opinions of the chief arbitrator.

　　The arbitration tribunal shall render an award independently and impartially based on the facts in accordance with laws and by reference to international customs while following the principles of fairness and reasonableness.

　　The arbitral tribunal has the right to decide that the losing party shall pay reasonable costs incurred by winning party for the case, if requested by parties.

　　Article 58

　　While arbitrating a dispute, the arbitration tribunal may render an preliminary award on the part of the facts which have been ascertained.

　　Article 59

　　The arbitration tribunal shall render an award within 4 months of its formation (not including the periods of appraisal and public announcement). If the special circumstance requires extension, the chief arbitrator or the sole arbitrator shall report to the director of the Commission for approval. Extension of a hearing period shall be notified to the parties concerned.

　　Article 60

　　An arbitration award shall clearly specify the items of claims, the facts of dispute, the reasons and results of the award, liability for the arbitration costs and the date of award.

　　The facts of the dispute and the reasons for the award may not be stated in an arbitral award if the parties concerned so agree.

　　The arbitral award shall be signed by arbitrators and stamped by the Commission. The arbitrator who are of dissenting opinions on the award may sign or not sign the award.

　　Article 61

　　The arbitral award render by the Commission is final, which shall become effective from the date of its being issued.

　　Article62

　　The arbitration tribunal shall correct the errors involving words, calculation and other mistakes in an arbitral award. If there are any missing items in the award, the arbitration tribunal shall make a supplementary award.

　　Where the parties concerned discover above mentioned mistakes in an arbitral award, they may apply to the tribunal in writing for a correction or a supplementary award within 30 days from the date of receiving the arbitral award. If the applied items by the parties concerned prove to be true, the arbitration tribunal shall make a decision for correction or make a supplementary award within 30 days from the date of receiving the application.

　　The correction or supplementary award made by the arbitration tribunal shall be a part of the original award.

　　Article 63

　　Where the parties concerned have evidence to prove that an arbitral award involves one of the following conditions, they may apply to Wuxi Intermediate People’s Court for cancelation of the award within 6 months from the date of receiving the award:

　　there is no arbitration agreement;

　　the arbitrated items do not fall within the scope of the arbitration agreement or go beyond the jurisdiction of the Commission;

　　the formation of the arbitration tribunal or the arbitration proceedings violate the legal procedures;

　　the evidence on which the award is based was forged;

　　the other party conceals the evidence to the extent that a fair ruling could be affected;

　　arbitrators have solicited or accepted bribes, engaged on malpractice for personal gains or perverted the law in the arbitration process.

　　Article 64

　　If the arbitration tribunal agrees to redo the arbitration as per article 61 of the Arbitration Law, the Commission shall not charge for case acceptance.

　　No charge shall be collected by the Commission for a correction made to the arbitral award or for a supplementary award made by the arbitration tribunal as per article 61 of these Arbitration Rules.

　　Article 65

　　The party concerned shall perform an award within the time limit determined in the award. If time limit for performance is not determined, the parties concerned shall perform the award immediately.

　　If one party fails to perform the award, the other party may apply to the people’s court for enforcement as per relevant provisions of the Civil Procedure Law.

　　Article 66

　　The arbitration fees shall be borne in principle by the losing party; where the parties concerned win partially and lose partially, the arbitration tribunal shall determine the ratio of arbitration fees to be borne by each party based on their liabilities. Where the parties reconcile on their own accord or the case is concluded by means of mediation of the arbitration tribunal, the parties concerned may discuss the ratio of arbitration fees to be borne by each party.

　　Chapter 6 Suspension and Termination

　　of Arbitration

　　Article 67

　　Arbitration shall be suspended when one of the following situations occurs:

　　where one party is unable to participate in the arbitration due to a force majeure event;

　　where the current case is dependent on the results of another case the hearing of which has not yet been concluded;

　　where the parties concerned raise objection to validity of the arbitration agreement or jurisdiction over an arbitration case;

　　where there are other situations requiring suspension of the arbitration.

　　The arbitration proceedings shall resume after the causes of the suspension have been eliminated.

　　Article 68

　　The arbitration proceedings shall be terminated when one of the following situations occurs:

　　where it is found that the application for arbitration does not meet the requirements for acceptance of a case after the application is accepted;

　　where there are other situations requiring termination of an arbitration.

　　Where the arbitration proceedings shall be terminated, the Commission shall notify the claimant to withdraw the arbitration application. If the claimant does not withdraw, the Commission or the arbitration tribunal authorized by the Commission shall decide to terminate the case.

　　Article 69

　　Suspension or termination of the arbitration shall be decided by the arbitration tribunal or by the director of the Commission if no arbitration tribunal is formed.

　　Chapter 7 Summary Procedure

　　Article70

　　The summary procedure shall generally apply to cases in which total amount of claim is less than RMB 500,000 yuan. Nevertheless, if the Commission thinks it necessary, it, by applying the general procedure, can form a panel of arbitrators to handle the case which is in serious dispute and complicated . The summary procedure may also be applicable to the cases where the value fo the dispute exceeds RMB 500,000 Yuan, provided that both parties agree, or the facts are clear and the case is not complicated.  

　　For issues not covered in this chapter, the relevant provisions in other chapters of these Arbitration Rules shall apply.

　　Article 71

　　The respondent shall submit the written defense within 10 days from the date of receiving the notice of arbitration. Failure to submit the written defense within the time limit shall not affect the arbitration proceeding.

　　Article 72

　　The Commission or the arbitration tribunal authorized by the Commission shall decide whether or not to accept the modified arbitration claims made by the claimant or the modified counter- claims made by a respondent.

　　The party concerned shall submit a written defense to the Commission within 10 days from the date of receiving the copy of application for modification of the arbitration claims or the copy of the application for modification of the counter-claims. The arbitration proceeding shall not be affected if the parties concerned fail to submit the written defense.

　　Article 73

　　Where the summary procedure is applicable, the parties concerned shall jointly select one arbitrator or entrust the director of the Commission to designate one arbitrator to form a sole arbitration tribunal within 10 days from the date of the respondent’s receiving the notice of arbitration. If they fail to do so within the time limit, the director of the Commission shall promptly designate an arbitrator to form a sole arbitration tribunal.

　　The Commission shall notify the parties concerned as soon as the arbitration tribunal is formed.

　　Article 74

　　The Commission shall notify both parties of the hearing date 3 days before the first hearing. The three-day time limit may not apply if both parties agree otherwise.

　　The notice of the date of the second and subsequent hearing shall not be limited by the preceding provision.

　　Article 75

　　Where the summary procedure is applicable, the arbitration tribunal shall make an award within two months from the date of its formation (not including the period of appraisal and public announcement). If the special circumstance requires extension, the arbitration tribunal shall report to the director of the Commission for approval. Extension of a hearing period shall be notified to the parties concerned.

　　Article 76  

　　Where modification of arbitration claims or proposal of counter-claim results in the increase of dispute amount to more than RMB 500,000 yuan, summary procedure shall not be affected. Where the arbitration tribunal thinks that the case is affected by such increase, it shall apply to the director for form an arbitration composed of three arbitrators to hear the case unless otherwise agreed by the parties concerned.

　　Where summary procedure changes to general procedure, the parties concerned shall select or entrust the director to designate one arbitrator respectively as per provisions of these Arbitration Rules within 5 days from the date of receiving the notice of procedure change. The original sole arbitrator shall be the chief arbitrator unless otherwise agreed by the parties concerned.

　　The new arbitration tribunal shall decide whether redo the  arbitration proceedings conducted before the new arbitration tribunal is formed; summary procedure shall no longer apply to the arbitration procedure after the new arbitration tribunal is formed.

　　Chapter 8 Special Provisions for

　　Froeign-related Arbitration Procedures

　　Article 77

　　Provisions of this chapter shall apply to the froeign-related arbitration dispute . Other related provisions of these Arbitration Rules shall apply to the issues not covered in this chapter.

　　Article 78

　　The respondent shall submit a written defense to the Commission within 35 days from the date of receiving the copy of the application for arbitration. After receiving the written defense, the Commission shall send a copy of the written defense to the claimant immediately. If the respondent fails to submit a written defense, the arbitration procedures shall not be affected.

　　Article 79

　　Where a respondent puts forward a counter-claim, the claimant shall submit a written defense within 35 days from the date of receiving a copy of the application for the counter-claim. If the claimant fails to submit a written defense, the arbitration procedures shall not be affected.

　　Article 80

　　The Commission or the arbitration tribunal authorized by the Commission shall decide whether or not to accept the modified claims of the claimant or the modified counter-claims of the respondent.

　　The parties concerned shall submit the written defense to the Commission within 35 days from the date of receiving the copy of application for modification of the arbitration claims or the copy of the application for modification of the counter-claim. The arbitration procedures shall not be affected if the parties concerned fail to submit the written defense.

　　Article 81

　　Where the parties concerned select arbitrators or entrust the director of the Commission to designate arbitrators as per articles 27, 28 and 35 of these Arbitration Rules, the specified time limit in those articles shall be 20 days.

　　Article 82

　　Where one party applies for property preservation of Property, the Commission shall submit the application to the intermediate people’s court in the place where residence of the respondent or the property is located.

　　When one party applies for evidence preservation, the Commission shall submit the application to the intermediate people’s court in the place where the evidence exists.

　　Article 83

　　The Commission shall notify both parties of the hearing date 30 days before the first oral hearing; a hearing, subject to the approval of the arbitration tribunal, may be held ahead of schedule if both parties agree through consultation. The party concerned may request to delay the hearing in writing 10 days before the scheduled hearing with justified reasons; the arbitration tribunal shall decide whether or not to postpone the hearing.

　　Article 84

　　The arbitration tribunal shall make an award within 9 months after it is formed (not including the period of appraisal and public announcement). If the special circumstance requires extension, the chief arbitrator or the sole arbitrator shall report to the director of the Commission for approval.

　　Article 85

　　Where one party fails to perform an award, the other party may apply for execution to the Chinese court which has jurisdiction over the case according to the provisions of Chinese law, or may apply for execution to the foreign court which has jurisdiction over the case according to the “Convention on the Recognition and Enforcement of Foreign Arbitral Award” in 1958 or other international treaties which China acceded.

　　Chapter 9 Supplementary Provisions

　　Article 86

　　The Commission uses the Chinese language as the official language unless otherwise agreed by the parties concerned.

　　When the parties concerned need language translation, the Commission may provide an interpreter, or the parties may solve the translation problem by themselves.

　　The arbitration tribunal (or the standing body of the Commission) may require the parties to provide the Chinese version or versions of other languages of the documents and evidence submitted by them.

　　Article 87

　　Where the law provides the limitation of arbitration, such provision shall be followed. Where the law has on provision on  t the limitation of arbitration, the provisions regarding limit of litigation   shall apply.

　　Article 88

　　Unless otherwise agreed by parties or specified by arbitral tribunal, all arbitration documents, notices and materials will be delivered to parties or their agents personally, via mail, fax, email or public notice or by leaving rejected legal processes at the place of abode or other means.

　　Any arbitration document, notice or material shall be deemed as served if it is delivered via express mail, fax, email, mobile communication or other means known to parties to the domicile, place of business or other specific system designated by parties.

　　If the service of any arbitration document, notice or material fails by any of these means, the server will make notes and date the receipt of service under the presence of representatives of related primary-level organizations and notary public invited by server, sign or stamp on the receipt itself and by witnesses and leave materials that ought to be delivered at the place of addressee. Alternatively the server will leave materials that ought to be delivered at the place of addressee and record the process of service by taking photos or video. In either case, these materials shall be deemed as served.    

　　Materials will be deemed as served in 60 days after the date of public notice if service by public notice.

　　Article 89

　　When the arbitration documents, notices and materials are served directly, there must be a service receipt. The recipient shall write down the date of receipt, sign or stamp the receipt. The date of signing on the receipt shall be regarded as the date of service.

　　In the case of service by post, the receiving date marked on the postal receipt shall be regarded as the date of service.

　　In the case of service by leaving document, the date when the witnesses sign or seal the receipt is the date of service.

　　Article 90

　　Our Committee may request parties to sign and confirm the address for service, acknowledging the domicile, place of business, email and mobile number for service. If either party does not notify any change on the address for service promptly, the address for service it confirms before change can be used by our Committee as address for service. And documents will be deemed as served on the date when they are returned for this reason.

　　Article 91

　　When the recipient himself or the appointed person by the recipient refuses to sign and accept the documents, resulting in failure to delivery of the document, the date of returning the documents shall be regarded as the date of service.

　　Article 92

　　Time periods shall be calculated by hour, day, month and year. The hour and day from which a time period begins shall not be included therein.

　　If the expiry date of a time period falls on a holiday or festival, then the first day after that day shall be regarded as the expiry date.

　　A time period does not include en route time. To mail or transmit the arbitration documents, materials and notices before the deadline shall not be regarded as overdue.

　　Article 93

　　Where the parties concerned fail to meet the time limit due to any of force majeure events or other justified reasons, they may apply for an extension of the time limit within 10 days (20 days for overseas party) after the obstacle is eliminated. The application for extension shall be approved by the arbitration tribunal.

　　Article 94

　　The standing body of the Commission is responsible for interpreting these Arbitration Rules.

　　Article 95

　　These arbitration rules come into force as from OCTOBER 1st, 2016. For cases accepted by the Commission before implementation of these Arbitration Rules, the arbitration rules effective at the time of acceptance shall apply.