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The first application
(1) this law applies to international commercial arbitration. Subject in the country and any other country or multinational force between any of the agreements.
(2) this Act shall, subject to sections Diba、JIU、San XV and 36, but only applies to the arbitration shall take place in its territory.
(3) if the arbitration is international arbitration:
(A) the parties to the arbitration agreement when concluding the agreement, theirplaces of business are in different States:
(B) one of the following places located outside of the State in which the place of business of the parties:
(A) set out in the arbitration agreement or in accordance with the arbitration agreement and determine the place of arbitration;
(B) implementation of most obligations of the commercial relationship between any place or location of the dispute is most closely connected;
(C) expressly agreed to by the parties, the subject-matter of the arbitration agreement and related to more than one country.
(4) subsection (3) for the purposes of paragraph;
(A) If a party has more than one place of business, place of business and place ofthe arbitration agreement is most closely connected;
(B) If a party is not a place of business and is subject to its habitual residence.
(5) the provisions of this law shall not affect certain disputes may not be submittedto arbitration only according to provisions of this law may be submitted to arbitration of any other national laws.
Article II definition and rules of interpretation
For the purposes of this law:
(A) "arbitration" means any arbitration by a permanent arbitration body;
(B) "arbitral tribunal" means a sole arbitrator or a panel of arbitrators;
(C) "Court" means a body or organ of the judicial system of a State;
(D) the third, fourth or fifth chapter of this law provisions except in article 28th, allowing the parties free to determine a certain issue, such freedom includes the parties authorized the third party (including a corporation) the right to make such a provision;
(E) referred to the provisions of this law if the parties have reached an agreementor when the fact that a deal could be reached, or in any other cases when it comesto an agreement of the parties, such agreement includes any arbitration rules referred to in the agreement;
(F) the provisions of this law, except article 25th (a), 32nd (2) (a) one, referring to claims, and also apply to counterclaims; referred to defence, applies also to reply to such counterclaim.
The third receipt of written communications
(1) unless otherwise agreed by the parties:
(A,) any written letters, as by face to face submitted recipient, or posted to received pieces of business locations, and habitual residence or communications address, or by reasonable query still cannot find a above any a locations and to registered or can provides for had posted attempts to of records of other any way posted to recipient last a is by know of business locations, and habitual residence or communications address, that should considered has received;
(B) the communication is deemed to have been received on the date of delivery.
Article fourth gave up the right to raise objections
Party knows this law from which the parties may deviate from any provision of, orany requirement under the arbitration agreement has not been complied with andyet proceeds with the arbitration without undue delay or set time limit fail within this time limit objection to such non-compliance, shall be deemed to have waived their right to challenge.
Fifth court intervention limits
Governed by the law of things, may interfere in any court, except where so provided in this law.
Article sixth of the certain functions of arbitration assistance and supervision of theCourt or other body
Article 11th (3) and (4), 13th (3), 14th and 34th, paragraph (2) referred to the functions should be performed by ... ... (Each country in the implementation of the model law to specify these responsibilities, a court or more than one of the powers of the courts or other institutions).
Chapter II arbitration agreement
Article seventh definition and form of arbitration agreement
(1) "arbitration agreement" is an agreement by the parties between them to determine whether contractual or non-contractual legal relationship has occurred or theagreement to submit to arbitration all or certain disputes that occur. Arbitration agreements can take the arbitration clause in the contract form or a separate formof agreement.
(2) the arbitration agreement shall be in writing. Agreement as contained in the document signed by the parties or contained in an exchange of letters, telex, telegram or other means of telecommunication provides a record of the agreement, or inthe petition and brief exchange of statements alleged by one party and the existence of an agreement the other party does not deny that in a written agreement. Made reference to the arbitration clause in the contract documents constitutes an arbitration agreement, if the contract is in writing and the reference to the arbitrationclause forms a part of the contract.
Article eighth of an arbitration agreement and substantive claim to court
(1) to the Court of arbitration is the subject of litigation, such as party, no later than its first representations made in respect of the substance of the dispute when the request for arbitration, the Court should allow the parties to arbitration, unless the Court found that the arbitration agreement is invalid, unenforceable, or is unable to perform.
(2) in subsection (1) refers to when the proceedings have been instituted, you canstill start or continue the arbitral proceedings and may make a ruling, while awaiting a court decision on the issue.
Nineth Court of arbitration agreements and interim measures
Before or during the arbitration proceedings, a party requests the Court to take interim measures of protection and the courts grant such measures are not incompatible with the arbitration agreement.
Chapter III organization of the arbitration
Article tenth number of arbitrators
(1) the parties are free to determine the number of arbitrators.
(2) have not been identified, then the number of arbitrators shall be three.
11th designation of arbitrator
(1) unless otherwise agreed by the parties, should not be excluded on grounds ofnationality of any person as arbitrator.
(2) the parties are free to specify one or more arbitrators agree on the procedures of, but subject to subsection (4) and (5) the provisions of paragraphs.
(3) If no such agreement:
(A,) in arbitration Member for three name of arbitration in the, parties each party are should specified one arbitration Member, such specified of two name arbitration Member should specified third name arbitration member; if parties party not in received parties he party proposed such do of requirements 30 days within not specified arbitration member or two name arbitration member in was specified Hou 30 days within not on third name arbitration member reached agreement, is by parties party requests, should by sixth article provides of court or other institutions specified:
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Copyright 2012-2018. ALL RIGHTS RESERVED (International Trade Law)
Telephone：0086-13315171023 QQ:1215545143
Email：tradelawchina@hotmail.com Technical support：ZW0311