Arbitration Law of the People's Republic of China
Updated: 2006-04-17 10:13 Article 44
For specialized matters, an arbitration
tribunal may submit for appraisal to an appraisal organ agreed upon by the
parties or to the appraisal organ appointed by the arbitration tribunal if it
deems such appraisal to be necessary. According to the claim of the parties or
the request of the arbitration tribunal, the appraisal organ shall appoint an
appraiser to participate in the hearing. Upon the permission of the arbitration
tribunal, the parties may question the appraiser.
Article 45
Any evidence shall be produced at the start of the hearing. The
parties may challenge the validity of such evidence.
Article 46
In the event that the evidence might be destroyed or if it
would be difficult to obtain the evidence later on, the parties may apply for
the evidence to be preserved. If the parties apply for such preservation, the
arbitration commission shall submit the application to the basic-level people's
court of the place where the evidence is located.
Article 47
The parties have the right to argue during an arbitration
procedure. At the end of the debate, the presiding arbitrator or the sole
arbitrator shall ask for the final opinion of the parties.
Article 48
An arbitration tribunal shall make a written record of the
hearing. If the parties or other participants to the arbitration consider that
the record has omitted a part of their statement or is incorrect in some other
respect, they shall have the right to request correction thereof. If no
correction is made, the request for correction shall be noted in the written
record. The arbitrators, recorder, parties and other participants to the
arbitration shall sign or affix their seals to the record.
Article 49
After the submission of an arbitration application, the parties
may settle the dispute among themselves through conciliation. If a conciliation
agreement has been reached, the parties may apply to the arbitration tribunal
for an award based on the conciliation agreement. Then may also withdraw the
arbitration application.
Article 50
If the parties fall back on their words after the conclusion of
a conciliation agreement and the withdrawal of the arbitration application,
application may be made for arbitration in accordance with the arbitration
agreement.
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