(Adopted at the 8th Session of the Standing
Committee of the 8th National People's Congress and romulgated on August 31,
1994)
Chapter I General Provisions
Article 1
This Law is
formulated in order to ensure that economic disputes shall be impartially and
promptly arbitrated, to protect the legitimate rights and interests of the
relevant parties and to guarantee the healthy development of the socialist
market economy.
Article 2
Disputes over contracts and disputes over property rights and
interests between citizens, legal persons and other organizations as equal
subjects of law may be submitted to arbitration.
Article 3
The following disputes shall not be submitted to
arbitration:
1. disputes over marriage, adoption, guardianship, child
maintenance and inheritance; and
2. administrative disputes falling within
the jurisdiction of the relevant administrative organs according to law.
Article 4
The parties adopting arbitration for dispute settlement shall
reach an arbitration agreement on a mutually voluntary basis. An arbitration
commission shall not accept an application for arbitration submitted by one of
the parties in the absence of an arbitration agreement.
Article 5
A people's court shall not accept an action initiated by one of
the parties if the parties have concluded an arbitration agreement, unless the
arbitration agreement is invalid.
Article 6
An arbitration commission shall be selected by the parties by
agreement.
The jurisdiction by level system and the district jurisdiction system shall
not apply in arbitration.
Article 7
Disputes shall be fairly and reasonably settled by arbitration
on the basis of facts and in accordance with the relevant provisions of law.
Article 8
Arbitration shall be conducted in accordance with the law,
independent of any intervention by administrative organs, social organizations
or individuals.
Article 9
The single ruling system shall be applied in arbitration. The
arbitration commission shall not accept any application for arbitration, nor
shall a people's court accept any action submitted by the party in respect of
the same dispute after an arbitration award has already been given in relation
to that matter.
If the arbitration award is canceled or its enforcement has
been disallowed by a people's court in accordance with the law, the parties may,
in accordance with a new arbitration agreement between them in respect of the
dispute, re-apply for arbitration or initiate legal proceedings with the
people's court.
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