| Chapter
V Special Provisions for Domestic Arbitration
Article
59 Application
1. The provisions of this Chapter shall apply to domestic arbitration
cases accepted by the CIEATC.
2. The provisions of the Summary Procedure of Chapter IV shall apply
if a domestic arbitration case falls within the scope of Article
50 of these Rules.
Article 60 Acceptance
1. Where a Request for Arbitration is found to meet the formality
requirements specified in Article 10 of these Rules, the CIETAC
shall accept the Request and notify the parties accordingly within
five (5) days from its receipt of the Request or immediately upon
its receipt of the Request. Where a Request for Arbitration is found
not in conformity with the formality requirements, the CIETAC shall
notify the party in writing of its refusal of the Request with reasons
stated.
2. Upon receipt of a Request for Arbitration, the CIETAC may request
the party to make corrections within a specified time period if
it finds the Request is not in conformity with the provisions of
Article 10 of these Rules.
Article 61 Formation of Arbitral Tribunal
The arbitral tribunal shall be formed in accordance with the provisions
of Articles 21, 22, 23 and 24 of these Rules.
Article 62 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 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 63 Notice of Oral Hearing
1. For a case examined by way of an oral hearing, the Secretariat
of the CIETAC or its Sub-Commission shall notify the parties of
the date of oral hearing at least fifteen (15) days in advance of
the oral hearing date. The arbitral tribunal may hold the oral hearing
ahead of the schedule with consent from both parties. 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 seven (7) days in advance of the oral hearing
date. The arbitral tribunal shall decide whether to postpone the
oral hearing or not.
2. 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 in the foregoing Paragraph
1.
Article 64 Record of Oral Hearing
1. The arbitral tribunal shall make a brief written record of the
oral hearing. Any party or participant in the arbitration may apply
for a correction of the record if any omission or mistake is found
in the record regarding its own statement. If the application is
refused by the arbitral tribunal, it shall nevertheless be recorded
into the file.
2. The written record shall be signed or sealed by the arbitrator(s),
the recorder, the parties, and other participants in the arbitration,
if any.
Article 65 Time Limits for Rendering Award
1. The arbitral tribunal shall render an award within four (4) 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 this time period if he/she considers it truly
necessary and the reasons truly justified.
Article 66 Context Reference
As to matters not covered in this Chapter, the relevant provisions
in the other Chapters of these Rules shall apply.
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