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Article in accordance with the arbitration law of the people's Republic of China andthe relevant legal provisions, the arbitration rules are formulated.
Second China Maritime Arbitration Commission (formerly Maritime Arbitration Commission of the China International Trade Promotion Committee, hereinafter referred to as the Arbitration Committee) for arbitration, independent and impartial solution to the maritime, maritime, logistics dispute as well as other contractual or non-contractual disputes in order to protect the legitimate rights and interests of theparties, promote the development of domestic and international economic, tradeand logistics.
Arbitration Committee accepts the following dispute:
(A) the Charter, multimodal transport contract or Bill of lading, waybills and other transport document relates to the carriage of goods by sea, water carriage of goods and passengers transport dispute;
(B) the ship, other mobile offshore unit of trading, building, repair, rental, financing, salvage, salvage, towage, collision, or containers for sale, construction, leasing,financing and other business disputes;
(C) general average in marine insurance and marine protection and indemnity business disputes;
(D) the ship's stores and fuel supply, warranty disputes, shipping agents, crew andport operation disputes;
(E) the development and utilization of marine resources, marine pollution disputes;
(Six) freight agent, no ship carrier, highway, and railway, and air transport, container of transport, and spell box and split box, express, warehouse, processing, distribution, warehouse distribution, logistics information management, transport tool, and handling handling tool, and warehouse facilities, and Logistics Center, and distribution center of built, and sale or rental, logistics programme design and advisory, and logistics about of insurance, and logistics about of infringement dispute, and other and logistics about of dispute;
(G) fishery, fishing disputes;
(VIII) other disputes both parties agree to arbitration.
A dispute has arisen the parties the Arbitration Committee either before or after agreed to submit the dispute to the Arbitration Commission for arbitration of the arbitration agreement and the written request of a party, accepted the case.
Arbitration agreement means the parties to the contract, Bill of lading, air waybill or invoke arbitration provision prescribed in the documents, or by any other meansof written agreement to submit to arbitration.
The parties agree in the Arbitration Commission for arbitration or agree to the applicability of these rules, these rules shall constitute an integral part of the parties to the arbitration agreement, unless otherwise agreed by the parties.
Fourth of the Arbitration Committee the right to arbitration agreement exists, effectiveness as well as jurisdiction over the arbitration case decision.
Disagrees with the validity of the arbitration agreement of the parties, if a party applies for Arbitration Committee decision, the other party shall apply to the Court for decision by the people's Court ruling. However, the objections to the validity ofarbitration agreements, if the Arbitration Committee before a people's Court accepted the request and the decision has been made, subject to the decisions of theArbitration Committee.
Fifth independent existence of the arbitration agreement, the modification, rescission, termination of the contract, existence of void or ineffective, and, shall not affectthe validity of the arbitration agreement.
The Arbitration Tribunal has the power to confirm the validity of the contract, the arbitral tribunal has the power to determine procedural matters left pending.
Article sixth pleas as to the jurisdiction of an arbitration agreement or arbitration case, should be submitted before the first hearing by the arbitration tribunal; jurisdiction over the case before the written plea, should be submitted before the first substantive defense. The expiry date, deemed to have waived the right to raise objections.
The party jurisdiction has not been challenged and have been instituted for substantive defense or counterclaim, as a recognition of the jurisdiction of the arbitrationagreement and the Arbitration Committee.
Of the arbitration agreement or contested the jurisdiction of arbitration cases do not affect the conduct of the arbitration proceedings.
Seventh clause the parties agree to submit the dispute to Arbitration Committee or its logistics disputes resolution Center and fishery disputes resolution Center, theprovisions of these rules shall apply; fishery disputes and the China Maritime Arbitration Commission arbitration rules applicable on special provisions concerning the fisheries dispute. Otherwise agreed by the parties to the arbitration proceedingsand agreed by the Committee of inquiry, their agreement shall prevail.
Depending on how the case by agreement agreed by the parties to shorten or extend the term of the procedures provided for in the arbitration rules or proceduralmatters related to the adjustment; can also be in the course of the arbitral proceedings the parties agreement requires Arbitration Commission or the Arbitration Court for its adjustment to fit the needs of specific cases; whether to approve by the Arbitration Committee or arbitrator.
Ship collision case, there are special requirements in terms of evidence, the Arbitration Committee or the arbitral tribunal may according to need to make the necessary adjustments.
Section II Organization
Eighth the Arbitration Committee have one Honorary Chairman and several advisers were.
Nineth Arbitration Committee consists of one Director, the Deputy Director and composed of members of several people. Director in the performance of their duties under this rule, Vice-Director of the Commission may perform the Chairman's functions.
Tenth establishment of the Panel of arbitrators of the Arbitration Committee, an arbitrator from the Arbitration Committee on Admiralty, maritime, logistics, and legalexpertise and practical experience of people in employment. According to the needs of the Arbitration Committee, you can establish a roster of professional arbitrators.
11th Arbitration Committee is based in Beijing, has a branch in Shanghai. Sub-Commission can accept and process cases.
According to the business development needs of arbitration, the Arbitration Commission may be established in other parts of the territory of China branch or Office of the Arbitration Commission.
Secretariat of the Arbitration Committee and its branch, the secretariat established pursuant to the Secretary-General, lead the Secretariat of the Arbitration Committee and Secretariat, respectively (except where specified, hereinafter referred to as the Secretariat) to handle daily affairs.
Is the Arbitration Committee of the Office of advocacy, advisory and liaison body,under the unified leadership of the Arbitration Commission, engaged in MaritimeArbitration advocacy, research and consultancy work, assist the sitting ArbitrationCommittee or its branch in the local organization, but not accepting arbitration cases, charges and trial.
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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