Arbitration Mediation Rules of Hangzhou Arbitration Commission

Article 1   The Rules are formulated according to the Arbitration Law of the People's Republic of China (hereinafter referred to as the "Arbitration Law"), the Civil Procedure Law of the People's Republic of China (hereinafter referred to as the "Civil Procedure Law"), and the Arbitration Rules of Hangzhou Arbitration Commission (hereinafter referred to as the "Arbitration Rules") and based on the actual conditions of Hangzhou Arbitration Commission (hereinafter referred to as the Commission) in order to help the parties to solve civil and commercial disputes in a just, reasonable, fair and timely manner and to protect their legitimate rights and interests.

 

Article 2   The disputes over contracts and disputes over property rights and interests between natural persons, legal persons and other organizations as equal subjects of law may be submitted to the Commission for mediation if no arbitration agreement is reached between the parties

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If a subsequent arbitration agreement is reached between the parties, the case shall be handled in accordance with the current Arbitration Rules of the Commission.

 

Article 3   If the parties agree to submit the dispute to the Commission for arbitration mediation, they shall be deemed to agree to apply and abide by the Rules.

 

Article 4 Arbitration-mediation shall adhere to the principle of voluntariness of the parties.

 

Article 5   The Commission shall accept arbitration mediation cases according to the application/applications of one party, two parties or multiple parties.

 

Article 6   When applying for arbitration mediation, the parties shall submit the application for arbitration mediation, evidence materials, subject certification materials, power of attorney and other materials.

 

Article 7   The application for arbitration mediation shall state clearly the following:

 

 (I)  Names and addresses of the claimant and the respondent and information for possible quick contact;

 

 (II) Arbitration-mediation claim with facts and causes of the dispute; and

 

 (III)       Evidence and the source of evidence, the name and address of the witness.

 

 (IV)      Identity certification documents.

 

Article 8 When applying for arbitration mediation, the parties shall pay the case acceptance fee in advance according to the standards prescribed by the Commission.

 

Article 9   After receiving an application of the parties, the Commission shall immediately send to the parties the notice of arbitration mediation, the Arbitration Mediation Rules, and the List of Arbitrators.

 

Article 10      After receiving the notice of arbitration mediation, the other party shall submit the following to the Commission within ten days:

 

(I)    The written opinion on the submission of the dispute to the Commission for arbitration mediation;

 

(II)   The written opinion on the other party's claim for arbitration mediation;

 

(III)  Such documents and evidence materials as it deems appropriate, and the other party may state that such documents and evidence materials are for the sole access of the arbitrator(s); and

 

(IV) Identity certification documents.

 

Article 11      When the parties submit the application for arbitration mediation, relevant supporting materials and other documents, they shall also provide corresponding copies according to the number of parties and the number of arbitrators in addition to submitting one copy to the Commission.

 

One copy shall be submitted for the materials that are specially declared by a party for the sole access of the arbitrator(s). If the number of arbitrators exceeds one, the corresponding number of copies shall be submitted.

 

Article 12      If the parties have reached an agreement to submit the relevant dispute to the Commission for arbitration mediation before the commencement of the arbitration mediation procedure, the other party’s failure to submit written opinions within the time limit specified in Article 10 of the Arbitration Mediation Rules shall not affect the proceeding of the arbitration mediation procedure.

 

If the parties have not reached an agreement to submit the relevant dispute to the Commission for arbitration mediation before the commencement of the arbitration mediation procedure, and if the other party does not specify to accept the arbitration mediation within the time limit specified in Article 10 of the Arbitration Mediation Rules, it is deemed that the arbitration mediation is refused. If the other party agrees to arbitration mediation after the expiration of the time limit, the Commission shall decide whether to continue the arbitration mediation procedure.

 

Article 13      Unless otherwise agreed by the parties, arbitration mediation is generally conducted by an arbitrator.

 

Article 14      The parties may select an arbitrator from the List of Arbitrators for arbitration mediation.

 

The parties shall jointly appoint an arbitrator or jointly entrust the chairman of the Commission to appoint an arbitrator within fifteen days from the date of receipt of the notice of arbitration mediation, the Arbitration Mediation Rules and the List of Arbitrators. If the parties fail to jointly appoint an arbitrator or do not jointly entrust the chairman of the Commission to appoint an arbitrator, it is deemed that they disagree to submit the case for arbitration mediation, unless otherwise agreed by the parties.

 

Article 15      The parties applying for arbitration mediation shall, within five days from the date of receipt of the fee charging notice sent by the Commission, submit the case acceptance fee to the Commission in advance according to the arbitration fee standard of the Commission. However, if the parties have otherwise agreed on the arbitration fees to be paid in advance, such agreement shall prevail.

 

If the parties do not pay the case acceptance fee, it shall be deemed that they do not agree to submit the case for arbitration mediation.

 

Article 16      If an arbitrator accepts the selection or appointment, the arbitrator shall disclose in writing the circumstances that may lead the parties or the agents to the case to doubt his/her independence and impartiality.

 

The Commission shall, prior to arbitration mediation, inform the parties of the name of the arbitrator and the right to apply for withdrawal.

 

Article 17      If either party applies for replacing the arbitrator, or the arbitrator is unable to act as an arbitrator for personal reasons, the arbitrator shall withdraw from the arbitration mediation of the case. The parties shall appoint another arbitrator within ten days after receiving the notice of re-selection of arbitrator. If the parties fail to jointly select or entrust the chairman of the Commission to appoint an arbitrator, the arbitration mediation procedure shall be terminated.

 

Article 18      The parties may entrust agents to participate in the arbitration mediation, but they shall submit the Commission the power of attorney specifying specific authority.

 

Article 19      Unless otherwise agreed by the parties, the arbitration mediation shall not be conducted in public. No record shall be made for the arbitration mediation process.

 

The arbitrators, the parties and their agents, witnesses, experts, members of the Commission and other personnel participating in the arbitration mediation process shall be obligated to keep confidential all matters concerning the arbitration mediation.

 

The arbitrator(s) may inform the other party of the relevant circumstances stated by one party in the absence of the other party, so that the other party may make corresponding statements, except that the party making the statement expressly opposes or requests the arbitrator(s) to keep it confidential.

 

Article 20      The parties may submit an arbitration mediation solution on their own, and the arbitrator(s) shall also submit the arbitration mediation solution for the reference of the parties in consultation.

 

At the time of arbitration mediation, the parties or their entrusted agents may be present at the same time, and the arbitration mediation may be conducted separately for the parties as required.

 

Article 21      The arbitrator(s) shall treat the parties objectively, justly and fairly and assist the parties in resolving the dispute, so as to promote mutual understanding between the parties and help them reach a reconciliation.

 

The arbitrator(s) may, taking full account of the circumstances of the case, the willingness of the parties and the need for quick settlement of the dispute, proceed the arbitration mediation in such manner as the arbitrator(s) think(s) fit, including but not limited to:

 

(I)    Meeting with the parties and their agents separately or at the same time for arbitration mediation;

 

(II)   Requesting the parties to supplement materials and written opinions;

 

(III)  Requesting the parties to propose a written or oral solution to the dispute;

 

(IV) Engaging relevant experts to provide consultation or appraisal opinions on technical issues after obtaining the consent of the parties; or

 

(V)  Putting forward suggestions and opinions on the settlement of disputes.

 

Article 22      The parties may agree on a time limit for arbitration mediation. After getting the agreement of the parties upon consultation, the arbitrator(s) may determine a necessary time limit for arbitration mediation.

 

If the parties have not agreed on and the arbitrator(s) has/have not determined the time limit for arbitration mediation, the arbitrator(s) shall complete the arbitration mediation within thirty days from the date of acceptance of selection or appointment, except for the extension agreed by the parties via consultation.

 

Article 23      If the parties reach an agreement through arbitration mediation, they shall sign a reconciliation agreement and an arbitration agreement at the same time. Upon mutual consent of the parties, an arbitration mediation statement and an award with enforcement force may be prepared in accordance with the contents of the reconciliation agreement.

 

Article 24      In the course of arbitration mediation, if an arbitration agreement is reached between the parties, the arbitrator(s) shall promptly transfer the case to the arbitration procedure.

 

Article 25      If the parties reach a reconciliation agreement and an arbitration agreement on a partial claim or on a major claim, the arbitrator(s) shall promptly transfer the case to the arbitration procedure.

 

Article 26      The arbitration mediation procedure shall be terminated in case of the following circumstances:

 

(I)    The parties reach an reconciliation agreement and an arbitration agreement and the case is transferred to the arbitration procedure;

 

(II)   The arbitrator(s) consider(s) that there is no possibility of successful mediation and declare to terminate the arbitration mediation procedure in writing.

 

(III)  One party or both parties declare to terminate the arbitration mediation procedure;

 

(IV) The parties do not agree to extend the arbitration mediation period when it expires; or

 

(V)  The parties reach an arbitration agreement.

 

Article 27      After the arbitration mediation procedure is terminated, if both parties agree that the arbitration mediation dispute shall be transferred to the arbitration procedure, and the arbitrator(s) in charge of the arbitration mediation may accept the selection or appointment for acting as the arbitrator(s) in the arbitration procedure of the case, except the circumstance that the parties agree in advance that the arbitrator(s) may not act as the arbitrator(s) in the arbitration procedure or apply for withdrawal of such arbitrator(s).

 

Article 28      Neither party may invoke any statement, opinion, view or suggestion of the other party or arbitrator in the arbitration procedure, judicial procedure or any other dispute procedures after the termination of the arbitration mediation procedure, and written materials as the basis for its claim, defense or counterclaim.

 

Nor can the parties require an arbitrator to act as a witness in the above procedures.

 

Article 29      Except with the consent of the parties, the arbitrators shall not act as arbitrators in subsequent arbitration procedure, judicial procedure or any other procedures in respect of the same or related disputes, or as agents of one of the parties.

 

Article 30      If the parties reach an reconciliation agreement and an arbitration agreement after arbitration mediation and the arbitration tribunal issues a mediation statement according to laws, the arbitration fees shall be charged as required by standards and shall be borne by the parties through negotiation. If the negotiation fails, such fees shall be borne by both parties equally, unless otherwise agreed by the parties.

 

Article 31      Except the circumstances specified in Article 30, if a party withdraws the application for arbitration mediation at any stage of the arbitration mediation procedure, all the arbitration fees collected in advance by the Commission shall be returned to the party of payment.

 

After the arbitration mediation, if the parties apply for or agree to transfer the dispute from the arbitration mediation to the arbitration procedure, the fees already paid in advance by the parties shall be directly converted into the arbitration fees.

 

The arbitration mediation cases shall be subject to the charging standards for arbitration cases formulated by the Commission.

 

Article 32      The Arbitration Mediation Rules shall be interpreted by the Office of Hangzhou Arbitration Commission.

 

Article 33      The Arbitration Mediation Rules shall become effective as of November 1, 2013.

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