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Chapter ¢ö Supplementary Provisions

 

Article 67 Language


1. Where the parties have agreed on the arbitration language, their agreement shall prevail. Absent such agreement, the Chinese language shall be the official language to be used in the arbitration proceedings.
2. At an oral hearing, if a party or its representative(s) or witness requires language interpretation, the Secretariat of the CIETAC or its Sub-Commission may provide an interpreter, or the party may bring its own interpreter.
3. The arbitral tribunal and/or the Secretariat of the CIETAC or its Sub-Commission may, if it considers necessary, request the parties to submit a corresponding version of the documents and evidence by the parties in Chinese or in other languages.


Article 68 Service of Documents


1. All documents, notices and written materials in relation to the arbitration may be sent to the parties and/or their representatives in person, or by registered mail or express mail, facsimile, telex, cable, or by any other means considered proper by the Secretariat of the CIETAC or its Sub-Commission.
2. Any written correspondence to a party and/or its representative(s) shall be deemed to have been properly served on the party if delivered to the addressee or delivered at his place of business, registration, domicile, habitual residence or mailing address, or where, after reasonable inquiries by the other party, none of the aforesaid addresses can be found, the written correspondence is sent by the Secretariat of the CIETAC or its Sub-Commission to the addressee's last known place of business, registered address, domicile, habitual residence or mailing address by registered mail or by any other means that provides a record of the attempt of delivery.


Article 69 Arbitration Fees and Actual Expenses


1. Apart from charging arbitration fees to the parties according to the Fee Schedule of the CIETAC, the CIETAC may collect from the parties other extra, reasonable and actual expenses including arbitrators' special remuneration and their travel and accommodation expenses incurred in dealing with the case, as well as the costs and expenses of experts, appraisers and interpreters appointed by the arbitral tribunal, etc.
2. Where a party has appointed an arbitrator who will incur extra expenses, such as travel and accommodation expenses, and fails to pay in advance as a deposit within a time period specified by the CIETAC, the party shall be deemed not to have appointed the arbitrator. In such event, the Chairman of the CIETAC may appoint an arbitrator for the party pursuant to Article 22 or Article 23 of these Rules.
3. Where the parties have agreed to hold an oral hearing at a place other than the CIETAC¡¯s domicile, extra expenses including travel and accommodation expenses incurred thereby shall be paid in advance as a deposit by the parties. In the event that the parties fail to do so, the oral hearing shall be held at the domicile of the CIETAC.


Article 70 Interpretation


1. The headings of the articles in these Rules shall not serve as interpretations of the contents of the provisions contained herein.
2. These Rules shall be interpreted by the CIETAC.


Article 71 Coming into Force


These Rules shall be effective as from May 1st, 2005. For cases accepted by the CIETAC or by its Sub-Commissions before these Rules become effective, the Arbitration Rules effective at the time of acceptance shall apply, or these Rules shall apply where both parties agree.

 

 

ARBITRATION FEE SCHEDULE
(international cases)

(This fee schedule applies to the arbitration cases accepted under Item (1) and (2) of Paragraph 2, Article 2 of the Arbitration Rules, and becomes effective from October 1st, 2000.)

Amount of Claim (RMB) Amount of Fee (RMB)
1,000,000 Yuan or less 3.5% of the Claimed Amount, minimum 10,000 Yuan
1,000,000 Yuan to 5,000,000 Yuan 35,000 Yuan plus 2.5% of the amount above 1,000,000 Yuan
5,000,000 Yuan to 10,000,000 Yuan 135,000 Yuan plus 1.5% of the amount above 5,000,000 Yuan
10,000,000 Yuan to 50,000,000 Yuan 210,000 Yuan plus 1% of the amount above 10,000,000 Yuan
50,000,000 Yuan or more 610,000 Yuan plus 0.5% of the amount above 50,000,000 Yuan

Each case, when being accepted, shall be charged an additional amount of RMB 10,000 Yuan as a Registration Fee which includes the expenses for examining the application for arbitration, initiating the arbitration proceedings, computerizing management and filing the documents.

Where the amount of the claim is not ascertained at the time when application for arbitration is handed in, or there exists special circumstances, the amount of arbitration fee shall be determined by the secretariat of the Arbitration Commission or the secretariats of the Sub-Commissions of the Arbitration Commission.

If the arbitration fee is charged in foreign currency, an amount of foreign currency equivalent to the corresponding RMB value specified in this schedule shall be paid.

Apart from charging arbitration fee according to this Arbitration Fee Schedule, the Arbitration Commission may collect other extra, reasonable and actual expenses pursuant to the relevant provisions of the Arbitration Rules.


Fee schedule on domestic cases

© 2000 CIETAC SHANGHAI