中国国际经济贸易仲裁委员会仲裁规则(版)-中英文对照
中国国际经济贸易仲裁委员会仲裁规则(2015版)-中英文对照
3. CIETAC is based in Beijing. It has sub-commissions or arbitration centers (Appendix I). The sub-commissions/arbitration centers are CIETAC’s branches, which accept arbitration applications and administer arbitration cases with CIETAC’s authorization.
China International Economic and Trade Arbitration Commission
CIETAC
Arbitration Rules
《中国国际经济贸易仲裁委员会仲裁规则》
《中国国际经济贸易仲裁委员会仲裁规则》随着全球经济的不断发展，国际贸易的规模和范围不断扩大。
然而，国际贸易中难免会出现纠纷，这些纠纷可能涉及到不同国家、不同文化背景和不同法律制度。
为了解决这些纠纷，国际仲裁成为了一种重要的解决方式。
中国国际经济贸易仲裁委员会（以下简称“CIETAC”）是中国最具代表性的仲裁机构之一，其仲裁规则是国际商事仲裁中的重要法规之一。
一、CIETAC的概述CIETAC是中国政府主管的国际商事仲裁机构，成立于1956年。
其总部位于北京，设有分支机构和代表处。
CIETAC的仲裁规则被广泛应用于国际商事仲裁中，特别是在与中国有关的商事纠纷中。
CIETAC的仲裁裁决得到国际认可，其仲裁机构的专业性、高效性和公正性备受赞誉。
CIETAC的仲裁规则不仅适用于中国国内的仲裁案件，也适用于国际仲裁案件。
二、CIETAC的仲裁规则CIETAC的仲裁规则是指CIETAC用于处理纠纷的一套规则，包括仲裁程序、仲裁庭的组成和程序、证据的提交和审查、裁决的形式和效力等方面的规定。
CIETAC的仲裁规则是一份完整的文书，是CIETAC 仲裁程序中的基本法律文件。
1. 适用范围CIETAC的仲裁规则适用于国际商事仲裁案件和国内商事仲裁案件。
国际商事仲裁案件是指仲裁当事人或仲裁事项涉及两个或两个以上国家或地区的商事活动。
国内商事仲裁案件是指仲裁当事人或仲裁事项均在中国境内的商事活动。
2. 仲裁程序CIETAC的仲裁程序分为四个阶段：仲裁申请、仲裁答辩、听证和裁决。
仲裁申请是仲裁当事人向CIETAC提交仲裁申请书的过程。
仲裁答辩是被申请人向CIETAC提交答辩书的过程。
听证是仲裁庭组成后，召开听证会进行证据交换和辩论的过程。
裁决是仲裁庭根据听证会的结果，最终作出的仲裁裁决。
3. 仲裁庭的组成和程序CIETAC的仲裁庭由仲裁员组成，仲裁员可以由当事人共同提名，也可以由CIETAC指定。
仲裁庭的程序包括仲裁庭组成、仲裁庭的职权和义务、仲裁庭的裁决程序等方面的规定。
中国国际经济贸易仲裁委员会仲裁规则(英文版)
中国国际经济贸易仲裁委员会仲裁规则CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSIONARBITRATION RULES（Revised and Adopted by China Chamber of International Commerce on September 4，1995，Effective as from October 1，1995.）Chapter I General ProvisionsSection 1 JurisdictionArticle 1 These Rules are formulated in accordance with the Arbitration Law of the People‟s Republic of China and the provisions of the relevant laws and pursuant to the “Decision ”of the former Government Administration Council of the C entral People‟s Government and the “Notice” and “Official Reply” of the State Council.Article 2 China International Economic and Trade Arbitration Commission （originally named Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade，later renamed as Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade，and presently called China International Economic and Trade Arbitration Commission，hereinafter referred to as the Arbitration Commission）independently and impartially resolves，by means of arbitration，disputes arising from international or foreign-related，contractual or non-contractual，economic and trade transactions，including those disputes between foreign legal persons and/or natural persons and Chinese legal persons and/or natural persons，between foreign legal persons and/or natural persons，and between Chinese legal persons and/or natural persons，in order to protect the legitimate rights and interests of the parties and promote the development of domestic and international economy and trade.In case the law or administrative regulations of the People‟s Republic of China have special provisions or special authorization concerning the scope of accepting cases，the Arbitration Commission may accept cases in accordance with the special provisions or special authorization.Article 3 The Arbitration Commission takes cognizance of cases in accordance with an arbitration agreement between the parties concluded before or after the occurrence of the dispute to refer their dispute to the Arbitration Commission for arbitration and upon the written application by one of the parties.An arbitration agreement means an arbitration clause stipulated by the parties in their contract or a written agreement concluded by the parties in other forms to submit their dispute for arbitration.Article 4 The Arbitration Commission has the power to decide on the existence and validity of an arbitration agreement and the jurisdiction over an arbitration case. If a party challenges thevalidity of the arbitration agreement and requests the Arbitration Commission to make a decision thereupon and the other party applies to the People‟s Court for a ruling，the lather‟s ruling s hall prevail.Article 5 An arbitration clause contained in a contract shall be regarded as existing independently and separately from the other clauses of the contract，and an arbitration agreement attached to a contract shall be treated as a part of the contract existing independently and separately from the other parts of the contract. The validity of an arbitration clause or an arbitration agreement shall not be affected by the modification，rescission，termination，invalidity，revocation or non-existence of the contract.Article 6 Any objections to an arbitration agreement and/or jurisdiction over an arbitration case shall be raised before the first hearing conducted by the arbitration tribunal. Where a case is examined on the basis of documents only，the objections to jurisdiction should be raised before submission of the first substantive defense.Article 7 Once the parties agree to submit their dispute to the Arbitration Commission for arbitration，it shall be deemed that they have agreed to conduct the arbitration under these Rules.Section 2 OrganizationArticle 8 The Arbitration Commission has one honorary Chairman and several advisers.Article 9 The Arbitration Commission is composed of one Chairman，several Vice-Chairmen and a number of Commission members. The Chairman performs the functions and duties vested in him by these Rules and the Vice-Chairmen may perform the Chairman‟s functions and duties with the Chairman‟s authorization.The Arbitration Commission has a secretariat to handle its day-to-day work under the leadership of the Secretary-General of the Arbitration Commission.Article 10 The Arbitration Commission maintains a Panel of Arbitrators. The arbitrators are selected and appointed by the Arbitration Commission from among Chinese and foreign personages with special knowledge and practical experience in the fields of law，economics and trade，science and technology，and other fields.Article 11 The Arbitration Commission is located in Beijing. The Arbitration Commission has a Shenzhen Sub-Commission in Shenzhen Special Economic Zone and a Shanghai Sub-Commission in Shanghai. The Sub-Commissions are an integral part of the Arbitration Commission.The Sub-Commissions have their own secretariats to handle their day-to-day work under the leadership of the Secretaries-General of the Sub-Commissions.These Rules uniformly apply to the Arbitration Commission and its Sub-Commissions. When arbitration proceedings are conducted in the Sub-Commissions，the functions and duties under these Rules to be carried out by the Chairman，the secretariat and the Secretary-General of the Arbitration Commission shall be performed by the Vice-Chairmen authorized by the Chairman，the secretariats and the Secretaries-General of the Sub-Commissions respectively and accordingly.Article 12 The Parties may agree to have their dispute submitted for arbitration conducted by the Arbitration Commission in Beijing or by its Shenzhen Sub-Commission in Shenzhen or by its Shanghai Sub-Commission in Shanghai.In the absence of such an agreement，the Claimant may opt to have the arbitration conducted by the Arbitration Commission in Beijing or by its Shenzhen Sub-Commission in Shenzhen or by its Shanghai Sub-Commission in Shanghai.When exercising such option，the option first made shall prevail. If a dispute arises over the option，it shall be decided by the Arbitration Commission.Chapter II Arbitration ProceedingsSection 1 Application for Arbitration，Defense and Counter-claimArticle 13 The arbitration proceedings shall commence from the date on which the Notice of Arbitration is sent out by the Arbitration Commission or its Sub-Commissions.Article 14 The Claimant shall satisfy the following requirements when submitting his Application for Arbitration：（1）an Application for Arbitration in writing shall be submitted and the following shall be specified in the Application for Arbitration：（a）the name and address of the Claimant and those of the Respondent，including the zip code，telephone number，telex number，fax number and cable number，if any；（b）the arbitration agreement relied upon by the Claimant；（c）the facts of the case and the main points of dispute；（d）the Claimant‟s claim and the facts and evidence on which his claimis based. The Application for Arbitration shall be signed and/or stamped by the Claimant and/or the attorney authorized by the Claimant.（2）When an Application for Arbitration is submitted to the Arbitration Commission，the relevant documentary evidence on which the Claimant‟s claim is based shall accompany the Application for Arbitration.（3）The Claimant shall pay an arbitration fee in advance to the Arbitration Commission according to the Arbitration Fee Schedule of the Arbitration Commission.Article 15 After receipt of the Application for Arbitration and its attachments and when the secretariat of the Arbitration Commission，after examination，deems that the Claimant has not completed the formalities required for arbitration，the secretariat shall demand the Claimant to complete them，and when the secretariat deems that the Claimant has completed the formalities，the secretariat shall immediately send to the Respondent a Notice of Arbitration together with one copy each of the Claimant‟s Application for Arb itration and its attachments as well as the Arbitration Rules，the Panel of Arbitrators and the Arbitration Fee Schedule of the Arbitration Commission，and shall simultaneously send to the Claimant one copy each of the Notice of Arbitration，the Arbitration Rules，the Panel of Arbitrators and Arbitration Fee Schedule.The secretariat of the Arbitration Commission，after sending the Notice of Arbitration to the Claimant and Respondent，the Notice of Arbitration to the Claimant and Respondent，shall appoint one of its staff-members to take charge of procedural administration of the case.Article 16 The Claimant and the Respondent shall，within 20 days as from the date of receipt of the Notice of Arbitration，appoint an arbitrator from among the Panel of Arbitrators of the Arbitration Commission or authorize the Chairman of the Arbitration Commission to make such appointment.Article 17 The Respondent shall，within 45 days from the date of receipt of the Notice of Arbitration，submit his written defense and relevant documentary evidence to the secretariat of the Arbitration Commission.Article 18 The Respondent shall，at the latest within 60 days from the date of receipt of the Notice of Arbitration，lodge with the secretariat of the Arbitration Commission his counterclaim in writing，if any. The arbitration tribunal may extend that time limit if it deems that there are justified reasons.When lodging a counterclaim，the Respondent must state in his written statement of counterclaim his specific claim，reasons for his claim and facts and evidence upon which his claim is based，and attach to his written statement of counterclaim the relevant documentary evidence. When lodging a counterclaim，the Respondent shall pay an arbitration fee in advance according to the Arbitration Fee Schedule of the Arbitration Commission.Article 19 The Claimant may request to amend his claim and the Respondent may request to amend his counterclaim；but the arbitration tribunal may refuse such a request for amendment if it considers that it is too late to raise the request and the amendment may affect the arbitration proceedings.Article 20 When submitting application for arbitration，written defense，statement of counterclaim，documentary evidence and other documents，the party/parties shall submit them in quintuplicate. If the number of the parties exceeds two，additional copies shall be submittedaccordingly；if the number of arbitrator of the arbitration tribunal is one，two copies may be reduced.Article 21 The arbitration proceedings shall not be affected in case the Respondent fails to file his defense in writing or the Claimant fails to submit his written defense against the Respondent‟s counterclaim.Article 22 The parties may authorize arbitration agents to deal with the matters relating to arbitration；the authorized attorney must produce a Power of Attorney to the Arbitration Commission.Chinese and foreign citizens can be authorized to act as arbitration agents.Article 23 When a party applies for property preservative measures，the Arbitration Commission shall transmit the party‟s application for a ruling to the intermediate people‟s court in the place where the domicile of the party against whom the property preservative measures are sought is located or in the place where the property of the said party is located.When a party applies for taking interim measures of protection of evidence，the Arbitration Commission shall transmit the party‟s application for a ruling to the intermediate people‟s court in the place where the evidence is located.Section 2 Formation of Arbitration TribunalArticle 24 Each of the parties shall appoint one arbitrator from among the Panel of Arbitrators of the Arbitration Commission or entrust the Chairman of the Arbitration Commission to make such appointment. The third arbitrator shall be jointly appointed by the parties or appointed by the Chairman of the Arbitration Commission upon the parties… joint authorization. In case the parties fail to jointly entrust the Chairman of the Arbitration Commission to appoint the third arbitrator within 20 days from the date on which the Respondent receives the Notice of Arbitration，the third arbitrator shall be appointed by the Chairman of the Arbitration Commission. The third arbitrator shall act as the presiding arbitrator.The presiding arbitrator and the two appointed arbitrators shall jointly form an arbitration tribunal to jointly hear the case.Article 25 Both parties may jointly appoint or jointly authorize the Chairman of the Arbitration Commission to appoint a sole arbitrator to form an arbitration tribunal to hear the case alone.If both parties have agreed on the appointment of a sole arbitrator to hear their case alone but have failed to agree on the choice of such a sole arbitrator within 20 days from the date on which the Respondent receives the Notice of Arbitration，the Chairman of the Arbitration Commission shall make such appointment.Article 26 If the Claimant or the Respondent fails to appoint or authorize the Chairman of the Arbitration Commission to appoint an arbitrator according to Article 16 of these Rules，the Chairman of the Arbitration Commission shall appoint an arbitrator for the Claimant or the Respondent.Article 27 When there are two or more Claimants and/or Respondents in an arbitration case，the Claimants‟side and/or the Respondents‟ side each shall，through consultation，appoint or entrust the Chairman of the Arbitration Commission to appoint one arbitrator from among the Panel of Arbitrators of the Arbitration Commission.If the Claimants‟ side or the Respondents‟ side fails to make such appointment or entrustment within 20 days as from the date on which the Respondents‟side receives the Notice of Arbitration，the appointment shall be made by the Chairman of the Arbitration Commission.Article 28 Any appointed arbitrator having a personal interest in the case shall himself disclose such circumstances to the Arbitration Commission and request a withdrawal from his office.Article 29 A party may make a request in writing to the Arbitration Commission for the removal of an appointed arbitrator from his office，if the party has justified reasons to suspect the impartiality and independence of the appointed arbitrator. In the request，the facts and reasons on which the request is based and evidence thereof must be given.A challenge against an arbitrator for a removal from his office must be put forward in writing no later than the first oral hearing. If the grounds for the challenge come out or are made known after the first oral hearing，the challenge may be raised after the first hearing but before the end of the last hearing.Article 30 The Chairman of the Arbitration Commission shall decide on the challenge.Article 31 If an arbitrator cannot perform his duty owing to withdrawal，demise，removal or other reasons，a substitute arbitrator shall be appointed in accordance with the procedure pursuant to which the original arbitrator was appointed.After the appointment of the substitute arbitrator，the arbitration tribunal has discretion to decide whether the whole or part of the previous hearings shall be started again.Section 3 HearingArticle 32 The arbitration Tribunal shall hold oral hearings when examining a case. At the request of the parties or with their consent，oral hearings may be omitted if the arbitration tribunal also deems that oral hearings are unnecessary，and then the arbitration tribunal may examine the case and make an award on the basis of documents only.Article 33 The date of the first oral hearing shall be fixed by the arbitration tribunal in consultation with the secretariat of the Arbitration Commission.The notice of the date of the hearing shall be communicated by the secretariat of the Arbitration Commission to the parties 30 days before the date of the hearing. A party having justified reasons may request a postponement of the date of the hearing. His request must be communicated to the secretariat of the Arbitration Commission 12 days before the date of the hearing and the arbitration tribunal shall decide whether to postpone the hearing or not.Article 34 The notice of the date of hearing subsequent to the first hearing is not subject to the 30-day time limit.Article 35 The cases taken cognizance of by the Arbitration Commission shall be heard in Beijing，or in other places with the approval of the Secretary-General of the Arbitration Commission. The cases taken cognizance of by a Sub-Commission of the Arbitration Commission shall be heard in the place where the Sub-Commission is located，or in other places with the approval of the Secretary-General of the Sub-Commission.Article 36 The arbitration tribunal shall not hear cases in open session. If both parties request a hearing to be held in open session，the arbitration tribunal shall decide whether to hold the hearing in open session or not.Article 37 When a case is heard in closed session，the parties，their attorneys，witnesses，arbitrators，experts consulted by the arbitration tribunal and appraisers appointed by the arbitration tribunal and the relevant staff-members of the secretariat of the Arbitration Commission shall not disclose to outsiders the substantive or procedural matters of the case.Article 38 The parties shall produce evidence for the facts on which their claim，defense or counterclaim is based.The arbitration tribunal may undertake investigations and collect evidence on its own initiative，if it deems it necessary.If the arbitration tribunal investigates and collects evidence on its own initiative，it shall timely inform the parties to be present on the spot if it deems it necessary. Should one party or both parties fail to appear on the spot，the investigation and collection of evidence shall by no means be affected.Article 39 The arbitration tribunal may consult an expert or appoint an appraiser for the clarification of special questions relating to the case. Such an expert or appraiser can be an organization or a citizen，Chinese or foreign.The arbitration tribunal has the power to order the parties and the parties are also obliged to submit or produce to the expert or appraiser any materials，documents，properties or goods related to the case for check-up，inspection and/or appraisal.Chapter I General ProvisionsSection 1 JurisdictionArticle 1 These Rules are formulated in accordance with the Arbitration Law of the People‟s Republic of China and the pr ovisions of the relevant laws and pursuant to the “Decision ”of the former Government Administration Council of the Central People‟s Government and the “Notice” and “Official Reply” of the State Council.Article 2 China International Economic and Trade Arbitration Commission （originally named Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade，later renamed as Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade，and presently called China International Economic and Trade Arbitration Commission，hereinafter referred to as the Arbitration Commission）independently and impartially resolves，by means of arbitration，disputes arising from international or foreign-related，contractual or non-contractual，economic and trade transactions，including those disputes between foreign legal persons and/or natural persons and Chinese legal persons and/or natural persons，between foreign legal persons and/or natural persons，and between Chinese legal persons and/or natural persons，in order to protect the legitimate rights and interests of the parties and promote the development of domestic and international economy and trade.In case the law or administrative regula tions of the People‟s Republic of China have special provisions or special authorization concerning the scope of accepting cases，the Arbitration Commission may accept cases in accordance with the special provisions or special authorization.Article 3 The Arbitration Commission takes cognizance of cases in accordance with an arbitration agreement between the parties concluded before or after the occurrence of the dispute to refer their dispute to the Arbitration Commission for arbitration and upon the written application by one of the parties.An arbitration agreement means an arbitration clause stipulated by the parties in their contract or a written agreement concluded by the parties in other forms to submit their dispute for arbitration.Article 4 The Arbitration Commission has the power to decide on the existence and validity of an arbitration agreement and the jurisdiction over an arbitration case. If a party challenges the validity of the arbitration agreement and requests the Arbitration Commission to make a decision thereupon and the other party applies to the People‟s Court for a ruling，the lather‟s ruling shall prevail.Article 5 An arbitration clause contained in a contract shall be regarded as existing independently and separately from the other clauses of the contract，and an arbitration agreement attached to a contract shall be treated as a part of the contract existing independently and separately from the other parts of the contract. The validity of an arbitration clause or anarbitration agreement shall not be affected by the modification，rescission，termination，invalidity，revocation or non-existence of the contract.Article 6 Any objections to an arbitration agreement and/or jurisdiction over an arbitration case shall be raised before the first hearing conducted by the arbitration tribunal. Where a case is examined on the basis of documents only，the objections to jurisdiction should be raised before submission of the first substantive defense.Article 7 Once the parties agree to submit their dispute to the Arbitration Commission for arbitration，it shall be deemed that they have agreed to conduct the arbitration under these Rules.Section 2 OrganizationArticle 8 The Arbitration Commission has one honorary Chairman and several advisers.Article 9 The Arbitration Commission is composed of one Chairman，several Vice-Chairmen and a number of Commission members. The Chairman performs the functions and duties vested in him by these Rules and the Vice-Chairmen may perform the Chai rman‟s functions and duties with the Chairman‟s authorization.The Arbitration Commission has a secretariat to handle its day-to-day work under the leadership of the Secretary-General of the Arbitration Commission.Article 10 The Arbitration Commission maintains a Panel of Arbitrators. The arbitrators are selected and appointed by the Arbitration Commission from among Chinese and foreign personages with special knowledge and practical experience in the fields of law，economics and trade，science and technology，and other fields.Article 11 The Arbitration Commission is located in Beijing. The Arbitration Commission has a Shenzhen Sub-Commission in Shenzhen Special Economic Zone and a Shanghai Sub-Commission in Shanghai. The Sub-Commissions are an integral part of the Arbitration Commission.The Sub-Commissions have their own secretariats to handle their day-to-day work under the leadership of the Secretaries-General of the Sub-Commissions.These Rules uniformly apply to the Arbitration Commission and its Sub-Commissions. When arbitration proceedings are conducted in the Sub-Commissions，the functions and duties under these Rules to be carried out by the Chairman，the secretariat and the Secretary-General of the Arbitration Commission shall be performed by the Vice-Chairmen authorized by the Chairman，the secretariats and the Secretaries-General of the Sub-Commissions respectively and accordingly.Article 12 The Parties may agree to have their dispute submitted for arbitration conducted by the Arbitration Commission in Beijing or by its Shenzhen Sub-Commission in Shenzhen or by its Shanghai Sub-Commission in Shanghai.In the absence of such an agreement，the Claimant may opt to have the arbitration conducted by the Arbitration Commission in Beijing or by its Shenzhen Sub-Commission in Shenzhen or by its Shanghai Sub-Commission in Shanghai.When exercising such option，the option first made shall prevail. If a dispute arises over the option，it shall be decided by the Arbitration Commission.Chapter II Arbitration ProceedingsSection 1 Application for Arbitration，Defense and Counter-claimArticle 13 The arbitration proceedings shall commence from the date on which the Notice of Arbitration is sent out by the Arbitration Commission or its Sub-Commissions.Article 14 The Claimant shall satisfy the following requirements when submitting his Application for Arbitration：（1）an Application for Arbitration in writing shall be submitted and the following shall be specified in the Application for Arbitration：（a）the name and address of the Claimant and those of the Respondent，including the zip code，telephone number，telex number，fax number and cable number，if any；（b）the arbitration agreement relied upon by the Claimant；（c）the facts of the case and the main points of dispute；（d）the Claimant‟s claim and the facts and evidence on which his claimis based. The Application for Arbitration shall be signed and/or stamped by the Claimant and/or the attorney authorized by the Claimant.（2）When an Application for Arbitration is submitted to the Arbitration Commission，the relevant documentary evidence on which the Claimant‟s claim is based shall accompany the Application for Arbitration.（3）The Claimant shall pay an arbitration fee in advance to the Arbitration Commission according to the Arbitration Fee Schedule of the Arbitration Commission.Article 15 After receipt of the Application for Arbitration and its attachments and when the secretariat of the Arbitration Commission，after examination，deems that the Claimant has not completed the formalities required for arbitration，the secretariat shall demand the Claimant to complete them，and when the secretariat deems that the Claimant has completed the formalities，the secretariat shall immediately send to the Respondent a Notice of Arbitration together with one copy each of the Claimant‟s Application for Arbitration and its attachments as well as the Arbitration Rules，the Panel of Arbitrators and the Arbitration Fee Schedule of the ArbitrationCommission，and shall simultaneously send to the Claimant one copy each of the Notice of Arbitration，the Arbitration Rules，the Panel of Arbitrators and Arbitration Fee Schedule.The secretariat of the Arbitration Commission，after sending the Notice of Arbitration to the Claimant and Respondent，the Notice of Arbitration to the Claimant and Respondent，shall appoint one of its staff-members to take charge of procedural administration of the case.Article 16 The Claimant and the Respondent shall，within 20 days as from the date of receipt of the Notice of Arbitration，appoint an arbitrator from among the Panel of Arbitrators of the Arbitration Commission or authorize the Chairman of the Arbitration Commission to make such appointment.Article 17 The Respondent shall，within 45 days from the date of receipt of the Notice of Arbitration，submit his written defense and relevant documentary evidence to the secretariat of the Arbitration Commission.Article 18 The Respondent shall，at the latest within 60 days from the date of receipt of the Notice of Arbitration，lodge with the secretariat of the Arbitration Commission his counterclaim in writing，if any. The arbitration tribunal may extend that time limit if it deems that there are justified reasons.When lodging a counterclaim，the Respondent must state in his written statement of counterclaim his specific claim，reasons for his claim and facts and evidence upon which his claim is based，and attach to his written statement of counterclaim the relevant documentary evidence. When lodging a counterclaim，the Respondent shall pay an arbitration fee in advance according to the Arbitration Fee Schedule of the Arbitration Commission.Article 19 The Claimant may request to amend his claim and the Respondent may request to amend his counterclaim；but the arbitration tribunal may refuse such a request for amendment if it considers that it is too late to raise the request and the amendment may affect the arbitration proceedings.Article 20 When submitting application for arbitration，written defense，statement of counterclaim，documentary evidence and other documents，the party/parties shall submit them in quintuplicate. If the number of the parties exceeds two，additional copies shall be submitted accordingly；if the number of arbitrator of the arbitration tribunal is one，two copies may be reduced.Article 21 The arbitration proceedings shall not be affected in case the Respondent fails to file his defense in writing or the Claimant fails to submit his written defense against the Respondent‟s counterclaim.Article 22 The parties may authorize arbitration agents to deal with the matters relating to arbitration；the authorized attorney must produce a Power of Attorney to the Arbitration Commission.。
中国国际经济贸易仲裁委员会仲裁规则
【发布单位】国际经济贸易仲裁委员会【发布文号】-----------【发布日期】2000-10-01【生效日期】2000-10-01【失效日期】----------【所属类别】国家法律法规中国国际经济贸易仲裁委员会仲裁规则（中国国际贸易促进委员会、中国国际商会２０００年９月５日修订并通过，２０００年１０月１日起施行）第一章总则第一节管辖第一条根据《中华人民共和国仲裁法》和有关法律的规定以及原中央人民政府政务院的《决定》和国务院的《通知》及《批复》，制定本仲裁规则。
第二条中国国际经济贸易仲裁委员会（原名中国国际贸易促进委员会对外贸易仲裁委员会，后名中国国际贸易促进委员会对外经济贸易仲裁委员会，现名中国国际经济贸易仲裁委员会，以下简称仲裁委员会）以仲裁的方式，独立、公正地解决契约性或非契约性的经济贸易等争议。
前款所述争议包括：（一）国际的或涉外的争议；（二）涉及香港特别行政区、澳门特别行政区或台湾地区的争议；（三）外商投资企业相互之间以及外商投资企业与中国其他法人、自然人及／或经济组织之间的争议；（四）涉及中国法人、自然人及／或其他经济组织利用外国的、国际组织的或香港特别行政区、澳门特别行政区、台湾地区的资金、技术或服务进行项目融资、招标投标、工程建筑等活动的争议；（五）中华人民共和国法律、行政法规特别规定或特别授权由仲裁委员会受理的争议；（六）当事人协议由仲裁委员会仲裁的其它国内争议。
仲裁委员会不受理下列争议：（一）婚姻、收养、监护、扶养、继承争议；（二）依法应当由行政机关处理的行政争议；（三）劳动争议和农业集体经济组织内部的农业承包合同争议。
第三条仲裁委员会根据当事人在争议发生之前或者在争议发生之后达成的将争议提交仲裁委员会仲裁的仲裁协议和一方当事人的书面申请，受理案件。
仲裁协议系指当事人在合同中订明的仲裁条款，或者以其他方式达成的提交仲裁的书面协议。
第四条仲裁委员会有权对仲裁协议的存在、效力以及仲裁案件的管辖权作出决定。
各仲裁机构仲裁条款示范
各仲裁机构仲裁条款示范CIETAC 中国国际经济贸易仲裁委员会(China International Economic and Trade Arbitration Commission)Any dispute arising from or in connection with this contract shall be submitted to China International Economic and Trade Arbitration Commission for arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon the parties.凡因本合同引起的或与本合同有关的任何争议,均应提交中国国际贸易仲裁委员会,按照申请仲裁时该会现行有效的仲裁规则进行仲裁。
仲裁裁决是终局的,对双方均有效力。
HKIAC 香港国际仲裁中心(Hong Kong International Arbitration Center)Any dispute, controversy or claim arising out of or relating tothis contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and may be amended by the rest of this clause.The appointing authority shall be Hong Kong International Arbitration Center.The place of arbitration shall be in Hong Kong at Hong Kong International Arbitration Center.There shall be only one arbitrator.The language(s) to be used in the arbitral proceedings shall be …Any such arbitration shall be administered by HKIAC in accordance with HKIAC Procedures for Arbitration in force at the date of this contract including such additions to the UNCITRAL Arbitration Rules as are therein contained.凡因本合同或与本合同有关的争议、争执或索赔、违约终止或合同无效等均应通过仲裁解决。
中国国际经济与贸易仲裁委员会仲裁规则(最新)
China International Economic and Trade Arbitration CommissionCIETACArbitration Rules(Revised and adopted by the China Council for the Promotion of International Trade/China Chamber of International Commerce on November 4, 2014. Effective as of January 1, 2015.)Chapter I General ProvisionsArticle 1 The Arbitration Commission1. The China International Economic and Trade Arbitration Commission (“CIETAC”), originally named the Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade and later renamed the Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade, concurrently uses as its name the “Arbitration Institute of the China Chamber of International Commerce”.2. Where an arbitration agreement provides for arbitration by the China Council for the Promotion of International Trade/China Chamber of International Commerce, or by the Arbitration Commission or the Arbitration Institute of the China Council for the Promotion of International Trade/China Chamber of International Commerce, or refers to CIETAC’s previous names, it shall be deemed that the parties have agreed to arbitration by CIETAC.Article 2 Structure and Duties1. The Chairman of CIETAC shall perform the functions and duties vested in him/her by these Rules while a Vice Chairman may perform the Chairman’s functions and duties with the Chairman’s authorization.2. CIETAC has an Arbitration Court (the “Arbitration Court”), which performs its functions in accordance with these Rules under the direction of the authorized Vice Chairman and the President of the Arbitration Court.3. CIETAC is based in Beijing. It has sub-commissions or arbitration centers (Appendix I). The sub-commissions/arbitration cent ers are CIETAC’s branches, which accept arbitration applications and administer arbitration cases with CIETAC’s authorization.4. A sub-commission/arbitration center has an arbitration court, which performs the functions of the Arbitration Court in accordance with these Rules under the direction of the president of the arbitration court of thesub-commission/arbitration center.5. Where a case is administered by a sub-commission/arbitration center, the functions and duties vested in the President of the Arbitration Court under these Rules may, by his/her authorization, be performed by the president of the arbitration court of the relevant sub-commission/arbitration center.6. The parties may agree to submit their disputes to CIETAC or asub-commission/arbitration center of CIETAC for arbitration. Where the parties have agreed to arbitration by CIETAC, the Arbitration Court shall accept the arbitration application and administer the case. Where the parties have agreed to arbitration by a sub-commission/arbitration center, the arbitration court of the sub-commission/arbitration center agreed upon by the parties shall accept the arbitration application and administer the case. Where thesub-commission/arbitration center agreed upon by the parties does not exist or its authorization has been terminated, or where the agreement is ambiguous, the Arbitration Court shall accept the arbitration application and administer the case. In the event of any dispute, a decision shall be made by CIETAC.Article 3 Jurisdiction1. CIETAC accepts cases involving economic, trade and other disputes of a contractual or non-contractual nature, based on an agreement of the parties.2. The cases referred to in the preceding paragraph include:(a) international or foreign-related disputes;(b) disputes related to the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan region; and(c) domestic disputes.Article 4 Scope of Application1. These Rules uniformly apply to CIETAC and its sub-commissions/arbitration centers.2. Where the parties have agreed to refer their dispute to CIETAC for arbitration, they shall be deemed to have agreed to arbitration in accordance with these Rules.3. Where the parties agree to refer their dispute to CIETAC for arbitration but have agreed on a modification of these Rules or have agreed on the application of other arbitration rules, the parties’ agreement shall prevail unless such agreement is inoperative or in conflict with a mandatory provision of the law applicable to the arbitral proceedings. Where the parties have agreed on the application of other arbitration rules, CIETAC shall perform the relevant administrative duties.4. Where the parties agree to refer their dispute to arbitration under these。
中国国际经济贸易仲裁委员会仲裁规则
中国国际经济贸易仲裁委员会仲裁规则根据《中国国际经济贸易仲裁委员会仲裁规则》第二条的规定，贸仲委受案范围是：(一)国际的或涉外的争议;(二)涉及香港特别行政区、澳门特别行政区或台湾地区的争议;(三)外商投资企业相互之间以及外商投资企业与中国其他法人、自然人及/或经济组织之间的争议;(四)涉及中国法人、自然人及/或其他经济组织利用外国的、国际组织的或香港特别行政区、澳门特别行政区、台湾地区的资金、技术或服务进行项目融资、招标投标、工程建筑等活动的争议;(五)中华人民共和国法律、行政法规特别规定或特别授权由仲裁委员会受理的争议;(六)当事人协议由仲裁委员会仲裁的其它国内争议。
上述仲裁规则将原来只受理涉外经贸争议调整为国内外经贸争议，扩大了贸仲在国内的服务领域，得到了国内企业界的广泛欢迎。
根据《中国国际经济贸易仲裁委员会金融争议仲裁规则》第二条的规定，贸仲委受理金融争议的范围是：当事人之间因金融交易发生的或与此有关的争议均可以提交贸仲委仲裁。
规则所指金融交易，是指金融机构之间以及金融机构与其他法人和自然人之间在货币市场、资本市场、外汇市场、黄金市场和保险市场上所发生的本外币资金融通、本外币各项金融工具和单据的转让、买卖等金融交易,包括但不限于下列交易:1、贷款；2、存单；3、担保；4、信用证；5、票据；6、基金交易和基金托管；7、债券；8、托收和外汇汇款；9、保理；10、银行间的偿付约定。
域名争议解决中心，经中国互联网络信息中心(CNNIC)的授权，解决中文域名争议、通用网址争议、.CN域名争议。
此外，域名争议解决中心还作为国际通用顶级域名(gTLDs)管理机构美国互联网络名称和数码分配公司( ICANN)授权的国际通用顶级域名争议解决机构—亚洲域名争议解决中心之北京秘书处，负责解决国际通用顶级域名争议。
贸仲委实行仲裁员名册制度，当事人应在《仲裁员名册》中指定仲裁员。
仲裁员均是从法律、经济贸易、科学技术等方面具有专门知识和实际经验的中外人士中聘任的。
中国国际经济贸易仲裁委员会仲裁规则(2015版)-中英文对照
4. A sub-commission/arbitration center has an arbitration court, which performs the functions of the Arbitration Court in accordance with these Rules under the direction of the president of the arbitration court of the sub-commission/arbitration center.
3. CIETAC is based in Beijing. It has sub-commissions or arbitration centers (Appendix I). The sub-commissions/arbitration centers are CIETAC’s branches, which accept arbitration applications and administer arbitration cases with CIETAC’s authorization.
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4. A sub-commission/arbitration center has an arbitration court, which performs the functions of the Arbitration Court in accordance with these Rules under the direction of the president of the arbitration court of the sub-commission/arbitration center.
5. Where a case is administered by a sub-commission/arbitration center, the functions and duties vested in the President of the Arbitration Court under these Rules may, by his/her authorization, be performed by the president of the arbitration court of the relevant sub-commission/arbitration center.
Article 2 Structure and Duties
1. The Chairman of CIETAC shall perform the functions and duties vested in him/her by these Rules while a Vice Chairman may perform the Chairman’s functions and duties with the Chairman’s authorization.
2. CIETAC harbitration Court”), which performs its functions in accordance with these Rules under the direction of the authorized Vice Chairman and the President of the Arbitration Court.
Chapter I General Provisions
Article 1 The Arbitration Commission
1. The China International Economic and Trade Arbitration Commission (“CIETAC”), originally named the Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade and later renamed the Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade, concurrently uses as its name the “Arbitration Institute of the ChinaChamber of International Commerce”.
6. The parties may agree to submit their disputes to CIETAC or a sub-commission/arbitration center of CIETAC for arbitration. Where the parties have agreed to arbitration by CIETAC, the Arbitration Court shall accept the arbitration application and administer the case. Where the parties have agreed to arbitration by a sub-commission/arbitration center, the arbitration court of the sub-commission/arbitration center agreed upon by the parties shall accept the arbitration application and administer the case. Where the sub-commission/arbitration center agreed upon by the parties does not exist or its authorization has been terminated, or where the agreement is ambiguous, the Arbitration Court shall accept the arbitration application and administer the case. In the event of any dispute, a decision shall be made by CIETAC.
China International Economic and Trade Arbitration Commission
CIETAC
Arbitration Rules
(Revised and adopted by the China Council for the Promotion of International Trade/China Chamber of International Commerce on November 4, 2014. Effective as of January 1, 2015.)
2. Where an arbitration agreement provides for arbitration by the China Council for the Promotion of International Trade/China Chamber of International Commerce, or by the Arbitration Commission or the Arbitration Institute of the China Council for the Promotion of International Trade/China Chamber of International Commerce, or refers to CIETAC’s previous names, it shall be deemed that the parties have agreed to arbitration by CIETAC.