中国国际经济贸易仲裁委员会仲裁规则(2015版)-中英文对照
参考资料-仲裁示范条款
示范仲裁条款（国际仲裁）目录中国国际经济贸易仲裁委员会(CIETAC)示范仲裁条款 0中国国际经济贸易仲裁委员会香港仲裁中心示范仲裁条款 0香港国际仲裁中心（HKIAC）示范仲裁条款 (1)采用HKIAC仲裁规则 (1)采用《联合国国际贸易法委员会仲裁规则》并由HKIAC管理 (2)新加坡国际仲裁中心（SIAC）示范仲裁条款 (3)采用SIAC仲裁规则 (3)采用《联合国国际贸易法委员会仲裁规则》并由SIAC管理 (4)国际商会国际仲裁院（ICC）示范仲裁条款 (4)注意事项 (5)中国国际经济贸易仲裁委员会(CIETAC)示范仲裁条款Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission （CIETAC）for arbitration which shall be conducted in accordance with the CIETAC's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. The arbitration shall take place in Beijing and the language of the arbitration shall be [English].凡因本合同引起的或与本合同有关的任何争议，均应提交中国国际经济贸易仲裁委员会，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，对双方均有约束力。
仲裁地点为北京，仲裁语言为[英语]。
仲裁裁决书中英文对照
仲裁裁决书中英文对照AW ARD裁决书双方当事人：(1) 申诉方/反诉被诉方：卖方(2) 被诉方/反诉申诉方：买方Parties:(1) Claimant/counter-defendant: Seller(2) Defendant/Counter-claimant: Buyer仲裁地：Place of arbitration:事实FACTS1994年，双方当事人根据某种协议规格规定签署了3份买卖一种产品的合同。
在收到货运单据后，买方即按合同规定，支付了全部合同价的90%。
In 1994, the parties concluded three contracts for the sale of a product according to certain contract specifications. The buyer paid 90% of the price payable under each of the contracts upon presentation of the shipping documents, as contractually agreed.按第一和第三份合同提供的产品符合协议规格，第二批货物的规格在装运前就有过争议。
产品抵达目的地后重新检验，发现其不符合协议规格。
为便于脱手，经过某种处理，最终买方将产品卖给了第三方，损失惨重。
The product delivered pursuant to the first and third contracts met the contract specifications. The conformity of the second consignment was dispute prior to its shipment. When the product was again inspected upon arrival, it was found that it did not meet the contract specifications. The product was eventually sold by the buyer to third parties at considerable loss, after having undergone a certain treatment to make it more saleable.卖方提请仲裁，要求收回10%的合同余款。
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章程
第一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）是中国国际贸易促进委员会/中国国际商会依法组织设立的处理契约性或非契约性的经济贸易等争议的仲裁机构。
仲裁委员会同时使用“中国国际商会仲裁院”名称。
第二条仲裁委员会的主要业务是：（一）受理平等主体的公民、法人和其他组织之间的国际/涉外仲裁案件及国内仲裁案件，包括香港特别行政区、澳门特别行政区或台湾地区的仲裁案件；（二）受理由政府或其它国内外组织授权仲裁委员会处理的争议案件；（三）提供当事人约定由仲裁委员会处理的其它争议解决服务；（四）根据当事人的约定和请求，为在境外进行的非机构仲裁指定仲裁员；（五）宣传推广和研究仲裁及其它非诉讼解决争议的方式方法；（六）开展国内外业务交流，参加相关的国内外组织。
第三条仲裁委员会由主任一人、副主任若干人及委员若干人组成。
仲裁委员会设秘书长一人及副秘书长若干人。
主任、副主任和委员由中国国际贸易促进委员会/中国国际商会聘请有关方面的专家和知名人士担任，每届任期三年；如有必要，任期可做适当调整。
秘书长和副秘书长由仲裁委员会主任聘任。
秘书长和副秘书长人选的年龄不应超过五十五岁。
第四条仲裁委员会设名誉主任一人、名誉副主任一至三名及顾问若干人，由中国国际贸易促进委员会/中国国际商会邀请有关知名人士担任。
第五条仲裁委员会委员会议每年召开一次；如有需要，可以召开临时会议。
仲裁委员会委员会议，由仲裁委员会主任或主任授权的副主任主持召开。
每次会议须有半数以上委员包括主任及/或副主任出席，方能举行。
会议的决议须经出席会议的半数以上的委员包括主任及/或副主任通过，方为有效。
第六条仲裁委员会委员会议的主要任务是：（一）讨论有关仲裁委员会工作的方针、原则等重要事项并作出相应的决议；（二）制定和修改仲裁委员会的章程；（三）审议、通过关于制定和修改仲裁委员会仲裁规则的草案，报中国国际贸易促进委员会/中国国际商会核准公布；（四）审议、通过仲裁委员会主任提出的年度工作报告。
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(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.
仲裁法中英对照
Arbitration Law of the People's Republic of China 中华人民共和国仲裁法(Adopted at the 9th Session of the Standing Committee of the Eighth National People's Congress on August 31, 1994;amended for the first time according to the Decision on Amending Certain Laws adopted at the 10th Session of the Standing Committee of the Eleventh National People's Congress on August 27,2009;and amended for the second time in accordance with the Decision on Amending Eight Laws Including the Judges Law of the People's Republic of China at the 29th Session of the Twelfth National People's Congress on September 1, 2017) (1994年8月31日第八届全国人民代表大会常务委员会第九次会议通过根据2009年8月27日第十一届全国人民代表大会常务委员会第十次会议《关于修改部分法律的决定》第一次修正根据2017年9月1日第十二届全国人民代表大会常务委员会第二十九次会议《关于修改〈中华人民共和国法官法〉等八部法律的决定》第二次修正)Contents 目录Chapter I General Provisions第一章总则Chapter II Arbitration Commissions and the ArbitrationAssociation第二章仲裁委员会和仲裁协会Chapter III Arbitration Agreement第三章仲裁协议Chapter IV Arbitration Proceedings第四章仲裁程序Section 1 Application and Acceptance第一节申请和受理Section 2 Formation of Arbitration Tribunal第二节仲裁庭的组成Section 3 Hearing and Award第三节开庭和裁决Chapter V Application for Setting Aside Arbitration Award第五章申请撤销裁决Chapter VI Enforcement第六章执行Chapter VII Special Provisions for Arbitration Involving ForeignElements第七章涉外仲裁的特别规定Chapter VIII Supplementary Provisions第八章附则Chapter I General Provisions第一章总则Article 1 This Law is formulated in order to ensure the impartial and prompt arbitration of economic disputes, to protect the legitimate rights and interests of the parties and to safeguard the sound development of the socialist market economy.第一条为保证公正、及时地仲裁经济纠纷，保护当事人的合法权益，保障社会主义市场经济健康发展，制定本法。
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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
(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. 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 ArbitrationCourt.
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.
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.
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 China Chamber 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.
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 a