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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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