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Decision of the Government Administration Council
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1954.05.06
STATE COUNCIL OF CHINA
 DECISION  OF  THE  GOVERNMENT ADMINISTRATION COUNCIL OF THE CENTRAL
PEOPLE'S GOVERNMENT  CONCERNING  THE  ESTABLISHMENT  OF A FOREIGN
TRADE ARBITRATION COMMISSION WITHIN THE CHINA COUNCIL FOR THE PROMOTION
OF INTERNATIONAL TRADE
 (Adopted  on  May  6,  1954  at  the 215th Session of the
Government Administration Council)
 With  a view to settling by way of Arbitration any dispute that may
arise in relation to foreign trade, it is necessary to set up an
arbitral body within a social organization concerned with foreign
trade. It is hereby decided as follows:
 1.  There shall be established within the China Council for the
Promotion of International  Trade  a  Foreign  Trade  Arbitration
Commission (hereinafter referred  to as the Arbitration Commission)
to  settle  such  disputes  as  may arise  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.
  2.  The Arbitration Commission exercises jurisdiction for the
arbitration of disputes in foreign trade in accordance with the
relevant contracts, agreements and/or other documents concluded between
the disputing parties.
 3. The Arbitration Commission shall be composed of 15 to 21 members
to be selected  and  appointed  by the China Council for the
Promotion  of International  Trade for a term of one year from
among persons having special knowledge and experience in foreign
trade, commerce, industry, agriculture, transportation, insurance and
other related matters as well as in law.
 4.  The Arbitration Commission shall elect a Chairman and two
Deputy Chairmen from among its members.
 5.  When  a  case  of dispute is submitted for arbitration, the
disputing parties shall each choose an arbitrator from among the
members of the Arbitration  Commission. The arbitrators so chosen
shall jointly select a presiding arbitrator from among the members
of the Arbitration Commission to act jointly with the arbitrators.
The disputing parties may also joint choose a sole arbitrator from
among the members of the Arbitration Commission to act singly.
 The  disputing parties shall choose the arbitrators within the time
fixed by the  Arbitration  Commission or agreed upon between the
parties, and the arbitrators so chosen shall also select the presiding
arbitrator within the time fixed by the Arbitration Commission. If
one of the parties fail to choose an arbitrator within the prescribed
time limit, the Chairman of the Arbitration Commission shall, upon
the request of the other party, appoint the arbitrator on the former's
behalf. In case the arbitrators so chosen or appointed cannot agree
upon the choice of the presiding arbitrator within the prescribed time
limit, the Chairman of the Arbitration Commission shall select a
presiding arbitrator for them.
 6.  Either  of  the  parties  in  dispute  may authorize the
Arbitration Commission to choose for him an arbitrator who shall,
jointly with the arbitrator chosen by the other party, select a
presiding arbitrator to arbitrate the disputed case in association
with the arbitrators. If, by mutual agreement, both parties jointly
delegate the choice of arbitrators to the Arbitration Commission,
the  Chairman  of the Arbitration Commission may appoint a sole
arbitrator to conduct the proceedings singly.
 7.  The  disputing  parties  may appoint attorneys to defend their
interests during the proceedings of a case before the Arbitration
Commission.
 Such  attorneys may be citizens of the People's Republic of China or
foreign citizens.
 8.  During the proceedings of a case,the Arbitration Commission may,
for the purpose  of  safeguarding  the interests of the disputing
parties, prescribe provisional  measures concerning the materials,
property rights and/or other matters appertaining to the parties.
 9.  To  compensate  for the costs of arbitration, the Arbitration
Commission may collect a fee not exceeding one per cent of the amount
of the claim.
 10.  The  award given by the Arbitration Commission is final and
neither party shall bring an appeal for revision before a court of law
or any other organization.
 11.  The award of the Arbitration Commission shall be executed
by the parties themselves within the time fixed by the award. In case
an award is not executed after the expiration of the fixed time, the
People's Courts of the  People's  Republic of China shall, upon
the request of one of the parties, enforce it in accordance with law.
 12.  Rules concerning the Procedure of Arbitration shall be made
by the China Council for the Promotion of International Trade.




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