BIZCHINA / Company laws
Arbitration Law of the People's Republic of China
Updated: 2006-04-17 10:13
Chapter II Arbitration Commissions and Arbitration Association
Article 10
Arbitration commissions may be established in the municipalities directly
under the Central Government, in the municipalities where the people's
governments of provinces and autonomous regions are located or,if
necessary, in other cities divided into districts. Arbitration
commissions shall not be established at each level of the administrative
divisions.The people's governments of the municipalities and cities
specified inthe above paragraph shall organize the relevant departments
and the Chamber of Commerce for the formation of an arbitration
commission. The establishment of an arbitration commission shall be
registered with the judicial administrative department of the relevant
province, autonomous region or municipalities directly under the Central
Government.
Article 11
An arbitration commission shall fulfil the following conditions:
1. it must have its own name, domicile and Articles of Association;
2. it must possess the necessary property;
3. it must have its own members; and
4. it must have arbitrators for appointment.
The articles of association of the an arbitration commission shall be
formulated in accordance with this Law.
Article 12
An arbitration commission shall comprise a chairman, two to four
vice-chairmen and seven to eleven members.The chairman, vice-chairmen and
members of an arbitration commission must be persons specialized in law,
economic and trade and persons who have actual working experience. The
number of specialists in law, economic and trade shall not be less than
two-thirds of the members of an arbitration association.
Article 13
The arbitration commission shall appoint fair and honest person as its
arbitrators. Arbitrators must fulfil one of the following conditions:
1. they have been engaged in arbitration work for at least eight years;
2. they have worked as a lawyer for at least eight years;
3. they have been a judge for at least eight years;
4. they are engaged in legal research or legal teaching and in senior
positions; and
5. they have legal knowledge and are engaged in professional work
relating to economics and trade, and in senior positions or of the
equivalent professional level. The arbitration commission shall establish
a list of arbitrators according to different professionals.
Article 14
Arbitration commissions are independent of administrative organs and
there are no subordinate relations with any administrative organs nor
between the different arbitration commissions.
Article 15
The China Arbitration Association is a social organization with the
status of a legal person. Arbitration commissions are members of the
China Arbitration Association. The Articles of Association of the China
Arbitration Association shall be formulated by the national general
meeting of the members.The China Arbitration Association is an
organization in charge of self-regulation of the arbitration commissions.
It shall conduct supervision over the conduct (any breach of discipline)
of the arbitration commissions and their members and arbitrators in
accordance with its articles of association. The China Arbitration
Association shall formulate Arbitration Rules in accordance with this Law
and the Civil Procedure Law.
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