Chapter IV Summary Procdure

     Article 50 Application

1. Unless otherwise agreed by the parties, this Summary Procedure shall apply to any case where the amount in dispute does not exceeded RMB 500, 000 yuan, or to any case where the amount in dispute exceeds RMB 500, 000 yuan, yet one party applies for arbitration under this Summary Procedure and the other party agrees in writing.
2. Where no monetary claim is specified or the amount in dispute is not clear, the CIETAC shall determine whether or not to apply the Summary Procedure after a full consideration of such factors as the complexity of the case and the interests involved, etc.

Article 51 Notice of Arbitration

Where a Request for Arbitration is submitted to the CIETAC and is found to be acceptable for arbitration under the Summary Procedure, the Secretariat of the CIETAC or its Sub-Commission shall send a Notice of Arbitration to the parties.

Article 52 Formation of Arbitral Tribunal

An arbitral tribunal of a sole arbitrator shall be formed in accordance with Article 23 of these Rules to hear a case under the Summary Procedure.

Article 53 Statement of Defense and Counterclaim

1. Within twenty (20) days from the date of receipt of the Notice of Arbitration, the Respondent shall submit its Statement of Defense and relevant evidence to the Secretariat of the CIETAC; counterclaims, if any, shall also be filed with supporting evidence within the said time period. The arbitral tribunal may extend this time period if it considers it justified.
2. Within twenty (20) days from the date of receipt of the counterclaim and its attachments, the Claimant shall file its Statement of Defense to the Respondent’s counterclaim.

Article 54 Conduct of Hearing

The arbitral tribunal may examine the case in the manner it considers appropriate. The arbitral tribunal may in its full discretion decide to examine the case only on the basis of the written materials and evidence submitted by the parties or to hold oral hearings.

Article 55 Oral Hearing

1. For a case examined by way of an oral hearing, the Secretariat of the CIETAC shall, after the arbitral tribunal has fixed a date for the oral hearing, notify the parties of the date at least fifteen (15) days in advance of the oral hearing date. A party having justified reasons may request the arbitral tribunal for a postponement of the oral hearing. However, such request must be communicated to the arbitral tribunal at least seven (7) days in advance of the oral hearing date. The arbitral tribunal shall decide whether to postpone the oral hearing or not.
2. Where the arbitral tribunal decides to hear the case orally, only one oral hearing shall be held unless it is otherwise truly necessary.
3. A notice of oral hearing subsequent to the first oral hearing and a notice of a postponed oral hearing shall not be subject to the fifteen (15)-day time limit provided for in the foregoing Paragraph 1.

Article 56 Time Limits for Rendering Award

1. The arbitral tribunal shall render an arbitral award within three (3) months from the date on which the arbitral tribunal is formed.
2. Upon the request of the arbitral tribunal, the Chairman of the CIETAC may extend the time period if he/she considers it truly necessary and the reasons for the extension truly justified.

Article 57 Change of Procedure

The application of the Summary Procedure shall not be affected by any amendment to the claim or by the filing of a counterclaim. Where the amount in dispute of the amended claim or that of the counterclaim exceeds RMB 500,000 Yuan, the procedure of the case shall be changed from the Summary Procedure to the general procedure unless the parties have agreed to the continuous application of the Summary Procedure.

Article 58 Context Reference

As to matters not covered in this Chapter, the relevant provisions in the other Chapters of these Rules shall apply.