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Provisional Rules of Procedure of the Foreign Trad
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1956.03.31
CHINA COUNCIL FOR THE PROMOTION OF INTERNATIONAL TRADE
 PROVISIONAL  RULES  OF PROCEDURE OF THE FOREIGN TRADE ARBITRATION
COMMISSION OF THE CHINA COUNCIL FOR THE PROMOTION OF INTERNATIONAL TRADE
 (Adopted  on  March  31, 1956 at the Fourth Session of the China
Council for the Promotion of International Trade)
 1.  The present Rules are made in accordance with Article 12 of the
Decision of  the Government Administration Council of the Central
People's Government adopted  at its 215th Session on May 6, 1954
concerning  the  establishment  of a  Foreign  Trade  Arbitration
Commission  within the China Council for the Promotion of International
Trade.
 2.  The Foreign Trade Arbitration Commission (hereinafter referred to
as the Arbitration  Commission)  exercises  jurisdiction  for the
arbitration  of disputes  arising  from contracts and transactions
in  foreign  trade, particularly  disputes between foreign firms,
companies or other economic organizations  on  the one hand and
Chinese  firms,  companies  or other economic organizations on the
other. It may also exercise jurisdiction for the arbitration of
similar cases arising between foreign firms, companies or economic
organizations  as  well as between Chinese firms, companies or other
economic organizations.
 Such  disputes  include  all disputes arising from contracts for
purchase or sale of merchandise in foreign countries or contracts for
commissioning an agency  to  purchase  or  sell  merchandise  in
foreign countries, disputes arising from transportation, insurance,
safe-keeping  or delivery of the merchandise in question and disputes
arising from other matters of business in foreign trade.
  3.  The Arbitration Commission exercises jurisdiction for the
arbitration of a dispute referred to in the preceding Section upon the
written application of  one  of  the  disputing  parties and in
accordance  with  the written agreement between the parties which
stipulates for the submission of the dispute to the Arbitration
Commission for settlement.
 The  agreement  referred to above means the arbitration clause
stipulated in the original trade contract or trade agreement, or
any other form of agreement to submit to arbitration (such as special
agreement, exchange of correspondence or any specific stipulation
contained in other relevant documents).
 4. The following items must be specified in the application for
arbitration:
(1) The name and address of the plaintiff and those of the defendant;
 (2)  The  claim  of  the plaintiff and the facts and evidence upon
which the claim is based;
 (3)  The  name  of  an arbitrator chosen by the plaintiff from
among the members  of the Arbitration Commission or a statement
authorizing the Chairman of the Arbitration Commission to appoint the
arbitrator on behalf of the plaintiff.
  5.  Original  documents  (contracts,  arbitration agreements,
correspondence between  the  parties,  et cetera) relevant to the
application, or certified duplicates  or  copies  thereof,  must
accompany the application for arbitration.
 6.  When  submitting an application for arbitration, the plaintiff
shall pay a  sum  equivalent  to 0.5 per cent of the amount of the
claim as a deposit for the fee required to cover the costs of
arbitration.
Such deposits shall be paid to the Arbitration Commission.
 7.  The  application for arbitration and its appended documents
submitted to the Arbitration Commission shall be accompanied by as
many duplicates as the number of defendants.
 8.  Upon receipt of the application, the Arbitration Commission shall
notify the defendant to that effect without delay and forward to him
a duplicate of the application and all the appended documents.
 9.  Within fifteen days from the date of receipt of the notice the
defendant shall  either choose an arbitrator from among the members of
the Arbitration Commission  and notify the Arbitration Commission of
his choice or authorize the Chairman of the Arbitration Commission to
appoint the arbitrator on his behalf.
In case a different period of time is agreed upon between the parties,
such agreement shall prevail.
 The  Arbitration  Commission  may  also,  upon the request of the
defendant, alter the period of fifteen days.
 10.  Should  the  defendant fail to choose an arbitrator within
the time specified  in  the preceeding Section, the Chairman of
the Arbitration Commission  shall, upon the request of the plaintiff,
appoint the arbitrator for the defendant.
 11.  The Arbitration Commission shall notify the arbitrators, whether
chosen by  the parties or appointed by the Chairman, to select
a presiding arbitrator from among

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