BIZCHINA / Company laws

Arbitration Law of the People's Republic of China

Updated: 2006-04-17 10:13

Article 27
The applicant may abandon or alter his arbitration claim. The respondent may accept the arbitration claim or object to it. It has a right to make a counterclaim.

Article 28
A party may apply for property preservation if, as the result of an act of the other party or for some other reasons, it appears that an awardmay be impossible or difficult to enforce. If one of the parties applies for property preservation, thearbitration commission shall submit to a people's court the application of the party in accordance with the relevant provisions of the Civil Procedure Law. If a property preservation order is unfounded, the applicant shall compensate the party against whom the order was made for any losses sustained as a result of the implementation of the property preservation order.

Article 29
The parties and their legal representatives may appoint lawyers or engage agents to handle matters relating to the arbitration. In the event that a lawyer or an agent is appointed to handle the arbitration matters,a letter of authorization shall be submitted to the arbitration commission.
Section 2: Composition of the Arbitration Tribunal

Article 30
An arbitration tribunal may comprise three arbitrators or one arbitrator. If an arbitration tribunal comprises three arbitrators, a presiding arbitrator shall be appointed.

Article 31
If the parties agree to form an arbitration tribunal comprising three arbitrators, each party shall select or authorize the chairmen of thearbitration commission to appoint one arbitrator. The third arbitrator shall be selected jointly by the parties or be nominated by the chairman of the arbitration commission in accordance with a joint mandate given by the parties. The third arbitrator shall be the presiding arbitrator. If the parties agree to have one arbitrator to form an arbitration tribunal, the arbitrator shall be selected jointly by the parties or be nominated by the chairman of the arbitration commission in accordance with a joint mandate given by the parties.


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