Rules of Hangzhou Arbitration Commission for Summary and Fast-track Sentencing of Vehicle Insurance Cases

 

 (Effective as of June 24, 2011)

 

 

Article 1     The Rules are formulated in accordance with the objective conditions of vehicle insurance dispute cases and based on the actual arbitration conditions in Hangzhou in order to solve vehicle insurance disputes in a fair, just, timely and efficient manner, safeguard the legitimate rights and interests of both parties, and effectively improve the efficiency and quality of case handling.

 

Article 2     The Rules apply to all vehicle insurance dispute cases accepted by Hangzhou Financial Arbitration Court (hereinafter referred to as the "Financial Arbitration Court").

 

Article 3     As for a vehicle insurance case applicable to be heard in accordance with the Rules, unless otherwise agreed by the parties, the arbitration tribunal shall conclude the case within thirty days as of the establishment of the arbitration tribunal.

 

The hearing limit as prescribed in the preceding paragraph does not include the period of suspension of arbitration procedure, the period of audit, price review, evaluation, appraisal and inspection of special matters, the period during which the parties agree in writing to reconcile or conciliate the case, and the period of expert argumentation of arbitration case.

 

Article 4     Where the arbitration tribunal is informed that the Rules are not suitable for summary in the process of hearing a case, the arbitration tribunal shall decide, based on the actual conditions, to hear the case in accordance with the Arbitration Rules of Hangzhou Arbitration Commission (hereinafter referred to as the "Arbitration Rules") or the Financial Arbitration Rules of Hangzhou Arbitration Commission (hereinafter referred to as the "Financial Arbitration Rules").

 

Article 5     The claimant may apply for arbitration orally in the event that the claimant is unable to write the arbitration petition, or it is difficult to entrust another person to write the arbitration petition indeed.

 

If the claimant applies for arbitration orally, the Financial Arbitration Court shall accurately record the general information, contact information, arbitration claim, facts and causes of the parties, and shall register the relevant evidence. The arbitration tribunal shall read out the above-mentioned records and registered details to the claimant in person, and the claimant shall sign or make a fingerprint after confirmation.

 

Article 6     The Financial Arbitration Court shall accept the received arbitration petition that meets the conditions for acceptance on the same day.

 

Where the Financial Arbitration Court considers that the materials submitted by the claimant are incomplete, it may require the claimant to complete the materials within a specified time limit. If the claimant completes the materials within the time limit, it shall be deemed that the acceptance conditions are met. If the claimant fails to complete the materials within the time limit, it shall be deemed that no arbitration has been applied for.

 

Article 7     When applying for arbitration, the claimant shall sign the Confirmation of Service Address issued by the Financial Arbitration Court, and provide the service address or other contact information of the respondent to the Financial Arbitration Court.

 

When responding to arbitration, the respondent shall also sign the Confirmation of Service Address issued by the Financial Arbitration Court.

 

Article 8     After the claimant applies for arbitration, the Financial Arbitration Court may notify the parties and witnesses about relevant matters by telephone, fax or e-mail, and record the time and manner of the notification.

 

Article 9     The arbitration tribunal for vehicle insurance case shall be formed by one arbitrator. Both parties shall jointly select an arbitrator within three days as of the receipt of the notice of acceptance or the notice of respondence to arbitration. The chairman of the Arbitration Commission shall appoint an arbitrator if the parties fail to jointly select an arbitrator or fail to select an arbitrator within the time limit, or jointly entrust the chairman of the Arbitration Commission to appoint an arbitrator.

 

Both parties shall select an arbitrator from the List of Professional Arbitrators of Hangzhou Arbitration Commission, or from the List of Arbitrators of Hangzhou Arbitration Commission or the List of Financial Arbitrators of Hangzhou Arbitration Commission.

 

Article 10   The parties shall, within five days as of the receipt of the notice of arbitration or within the term of adducing evidence prescribed by the arbitration tribunal, submit relevant materials such as defense materials, counterclaim applications, evidence materials and subject qualification certificate. Failure to submit such materials within the above-mentioned term shall be deemed as a waiver of the corresponding rights and shall not affect the proceeding of the arbitration procedure.

 

Article 11   Court hearing or written hearing may be applied for vehicle insurance arbitration cases.

 

In case of written hearing, both parties shall apply for written hearing or the arbitration tribunal shall decide that it is unnecessary for court hearing and the consent of both parties shall be obtained.

 

Article 12   For a case subject to written hearing, the notice of first hearing shall be served to both parties three days before the date of hearing. Provided that if the parties agree otherwise, or the arbitration tribunal obtains the consent of both parties, it may not be subject to the aforementioned restriction.

 

Article 13   If upon the arrival at the Financial Arbitration Court, both parties agree to establish an arbitration tribunal immediately and hold a hearing immediately, the arbitration tribunal may hear the case immediately, and both parties shall agree to waive their respective rights such as the term of adducing evidence and the term of reply.

 

Article 14   If the parties have not entrusted lawyers to act as agents, the arbitration tribunal shall make necessary explanations or statements to the parties such as withdrawal, cross-examination, and burden of proof, and properly remind the parties to correctly exercise the arbitration rights, perform the arbitration obligations and guide the parties to carry out normal arbitration activities during the court hearing.

 

Article 15   Hearing a vehicle insurance case, the arbitration tribunal shall first conciliate between both parties. If a mediation agreement is reached, the arbitration tribunal may issue a mediation statement on the same day or inform the parties to receive the mediation statement at the Financial Arbitration Court on the agreed date. Or the Financial Arbitration Court shall deliver the mediation statement to the parties within five days from the next day after the parties have reached the mediation agreement.

 

If one party refuses the performance after the mediation statement comes into effect, the other party may apply to the people's court for compulsory execution.

 

Article 16   The criteria of arbitration fees for vehicle insurance cases shall be separately established by the Arbitration Commission.

 

Article 17   The Rules shall prevail if the Rules are inconsistent with the Arbitration Rules and the Financial Arbitration Rules.

 

The matters not covered by the Rules shall be governed by other provisions of the Arbitration Rules or the Financial Arbitration Rules.

 

Article 18   The Rules shall be interpreted by the Office of Hangzhou Arbitration Commission.

 

Article 19   The Rules shall become effective as of issuance.

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