Regulations of the PRC on the Arbitration of Disputes Over Economic Contracts (from government website)
Regulations of the PRC on the Arbitration of Disputes Over Economic Contracts (from government website)
Regulations of the PRC on the Arbitration of Disputes Over Economic Contracts
August 22, 1983
Chapter I General Principles
Article 1 Pursuant to the "Economic Contract Law of the People's Republic of China", the present regulations are hereby formulated to correctly handle disputes over economic contracts, protect the legitimate rights and interests of disputing parties and maintain social and economic order.
Article 2 The State General Administration for Industry and Commerce and the economic contract arbitration boards established by local administrations for industry and commerce are organs of arbitration for economic contracts.
Article 3 Arbitration organs shall handle cases of disputes over economic contracts within their terms of reference and practise the system of arbitration award being final and conclusive.
Article 4 In handling cases of disputes over economic contracts, organs of arbitration upholds the principle of carrying out investigations to find out facts and abide by the laws, administrative regulations and policies of the state. Disputing parties are equals in the application of the law and they are ensure of exercising equal rights.
Article 5 In places where minority nationality people live in compact community,languages, oral or written, of local minority people shall be used in mediating, arbitrating and writing mediation documents and arbitration awards. Disputing parties who do not understand local languages commonly in use by local minority nationalities shall be provided with interpreters.
Article 6 Disputing parties should apply for arbitration with the organs of arbitration within one year starting from the date when they get to know or ought to have known that their rights have been encroached upon. But no time limit is imposed on cases where the party which has encroached upon the rights of others is willing to assume liabilities.
Article 7 Disputing parties or their legal representatives may entrust one or two persons to take action on their behalf. In entrusting others to take action, they must present to the arbitration board a power of attorney which should specify matters to be entrusted and their terms of reference.
Article 8 The regulations apply to disputes over economic contracts between legal persons as well as to disputes over economic contracts signed by legal persons with self-employed or rural peasants.
Chapter II Jurisdiction
Article 9 Cases of disputes over economic contracts shall be handled by arbitration organizations in places where the contracts are implemented or signed. If there is difficulty in execution, it may be referred to arbitration organizations in places of the accused.
Disputes over construction engineering contracts shall be handled by arbitration organizations in places where the project is built.
Disputes over economic contracts arising from the course of transportation by rail,road, water or through transport, shall be handled by arbitration organizations in places where the transportation control organization responsible for handling the cases are located.
Disputes over economic contracts arising from air transport shall be handled by arbitration organizations in places where the contracts are signed, or where the goods are dispatched or the place of destination or where the accidents occur.
Article 10 Disputes over economic contracts shall be handled by arbitration organizations of counties (cities) and city districts, with the exception of the following cases:
1.
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