BIZCHINA / Company laws
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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