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中國(重慶)自由貿易試驗區仲裁中心仲裁指引(中英)
2018-11-27 / 重慶仲裁委員會
中國(重慶)自由貿易試驗區仲裁中心仲裁指引
 
 
第一條 為服務中國(重慶)自由貿易試驗區(以下簡稱自貿區)建設,充分發揮仲裁化解商事糾紛的獨特優勢,營造法治化、國際化、便利化的營商環境,根據《中華人民共和國仲裁法》及相關規定,制定本指引。
第二條 中國(重慶)自由貿易試驗區仲裁中心(以下簡稱中心)是重慶仲裁委員會(以下稱本會)依法設立的分支機構。
自貿區內平等主體之間的民商事爭議提供咨詢、立案、開庭審理等仲裁服務。
為當事人約定適用《聯合國國際貿易法委員會仲裁規則》的案件提供管理服務。
第三條 當事人約定將爭議提交本會或者本中心仲裁,一方或雙方當事人的工商注冊地址在自貿區內的仲裁案件,由本中心辦理,按以下情形確定規則適用:
(一)國內平等主體之間的民商事爭議適用《重慶仲裁委員會仲裁規則》;
(二)國內銀行、小額貸款公司、擔保公司之間或其他法人、自然人、其他組織之間因借款合同、擔保合同產生的糾紛適用《重慶仲裁委員會金融仲裁規則》;
(三)國際或者涉外商事爭議和涉及香港特別行政區、澳門特別行政區及臺灣地區的商事爭議,適用《中國重慶兩江國際仲裁中心仲裁規則》;
(四)當事人約定由本會仲裁,適用《聯合國國際貿易法委員會仲裁規則》,或者當事人約定適用《聯合國國際貿易法委員會仲裁規則》,由本會行使協助管理職責的,適用《重慶仲裁委員會關于適用<聯合國國際貿易法委員會仲裁規則>程序指引》;
(五)當事人約定適用其他仲裁規則的,從其約定。
第四條 指引由本會解釋。
第五條 指引自2018年10月27日起施行。

 

 

 

China (Chongqing) Pilot Free Trade Zone Arbitration Center
Arbitration Guidelines
 
Article 1 These Guidelines are formulated in accordance with the Arbitration Law of the People’s Republic of China and relevant regulations, with a view to promoting the construction of the China (Chongqing) Pilot Free Trade Zone (hereinafter referred to as the “PFTZ”) and giving full play to the unique superiority of arbitration in resolving commercial disputes and creating a law-based, internationalized and convenient business environment.
 
Article 2 China (Chongqing) Pilot Free Trade Zone Arbitration Center (hereinafter referred to as the “PFTZAC”) is a branch duly established by China Chongqing Arbitration Commission (hereinafter referred to as the “CQAC”) to:
 
Provide arbitration services such as consulting, case-acceptance and trial for resolving civil and commercial disputes between equal parties in the PFTZ; and
 
Provide management services for cases where the parties agree on the application of the UNCITRAL Arbitration Rules.
 
Article 3 An arbitration case where the parties, either or both of which are with industrial and commercial registration address in the PFTZ, agree to refer the dispute to the CQAC or the PFTZAC for arbitration shall be handled by the PFTZAC, and the application of arbitration rules thereto shall be subject to the following:
 
(1) Civil and commercial disputes between domestic equal parties shall be governed by the CQAC Arbitration Rules;
 
(2) Disputes over loan contracts and guarantee contracts between domestic banks, micro-finance companies, guarantee companies or other legal persons, natural persons and other organizations shall be governed by the CQAC Financial Arbitration Rules;
 
(3) International or foreign-related commercial disputes and commercial disputes including those arising in the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan shall be governed by the Arbitration Rules of China Chongqing Liangjiang International Arbitration Center;
 
(4) Disputes which the parties agree to refer to the CQAC for arbitration shall be governed by the UNCITRAL Arbitration Rules, or disputes which the parties agree to be subject to the UNCITRAL Arbitration Rules to which the CQAC shall render assistance in management shall be governed by the Procedural Guidelines of CQAC on the Application of the UNCITRAL Arbitration Rules;
 
(5) Where the parties agree to apply other arbitration rules, such other arbitration rules shall prevail.
 
Article 4 The power to interpret these Guidelines is vested in the CQAC.
 
Article 5 These Guidelines shall come into effect as of , 2018.
 
 
 
 
 
 
Procedural Guidelines of China Chongqing Arbitration Commission on the Application of the UNCITRAL Arbitration Rules
 
Article 1 In order to facilitate parties both at home and abroad to choose the application of the Arbitration Rules of the United Nations Commission on International Trade Law (hereinafter referred to as the “UNCITRAL Arbitration Rules”), the Guidelines are formulated by China Chongqing Arbitration Commission (hereinafter referred to as the “CQAC”) based on the UNCITRAL Arbitration Rules as well as the Arbitration Rules of China Chongqing Liangjiang International Arbitration Center.
 
Article 2 The Guidelines shall be applied to an arbitration case under any of the following circumstances:
 
(1) Where the parties agree the case to be arbitrated by the CQAC according to the UNCITRAL Arbitration Rules;
 
(2) Where the parties agree the case to be arbitrated according to the UNCITRAL Arbitration Rules to which the CQAC shall render assistance in management such as appointing arbitrators.
 
Article 3 Where the parties have agreed upon the place of arbitration, such place agreed shall prevail. Where they have not made such an agreement, the place of arbitration shall be Hong Kong unless the Arbitral Tribunal otherwise decides.
 
Article 4 The CQAC shall conduct management regarding the following:
 
(1) Designating arbitrators;
(2) Making decisions on the withdrawal of arbitrators;
(3) Financial management of arbitration cases;
(4) Other duties as stipulated in the UNCITRAL Arbitration Rules.
 
Upon request by the parties or the Arbitral Tribunal, the CQAC may provide the following services:
 
(1) Assisting the parties to communicate with the Arbitral Tribunal and to communicate with each other;
(2) Assisting in the transfer of applications for property preservation by the parties;
(3) Providing trial-related services, including but not limited to providing courtrooms, providing audio and video recording facilities, arranging translations and making trial transcripts;
(4) Recommending a mediation organization or a negotiation agency to promote the reconciliation between parties.
 
Article 5 An applicant shall file with the CQAC a written application for arbitration that complies with the relevant provisions of the UNCITRAL Arbitration Rules and pay the case-acceptance costs.
 
Article 6 If the parties fail to reach an agreement on the members of the Arbitral Tribunal, or a member of the Arbitral Tribunal jointly designated by the parties fails to perform his duties of the arbitrator and the parties fail to reach an agreement on the replacement of him, the CQAC shall fulfill the duty of designating arbitrators pursuant to the provisions of the UNCITRAL Arbitration Rules.
 
The party who applies for the appointment of arbitrator shall prepay the fees to the CQAC for such appointment.
 
Article 7 A party who finds any circumstance as stipulated in paragraph 4 of Article 13 of the UNCITRAL Arbitration Rules shall file with the CQAC a written application for withdrawal of arbitrator accompanied with the specific grounds therefor, and make an advance payment to the CQAC for the decision on the arbitrator’s withdrawal .
 
The CQAC may transfer the withdrawal application of the party to other parties and all members of the Arbitral Tribunal who may submit written opinions regarding such application.
 
The chairman of the CQAC will make a decision on whether to withdraw the arbitrator within a 30-day period.
 
Article 8 According to the UNCITRAL Arbitration Rules, the arbitration fees to be charged and managed by the CQAC include:
 
(1) Case-acceptance costs and related management fees;
(2) Arbitrators’ remuneration and the necessary expenses of the Arbitral Tribunal.
 
A party when applying for arbitration shall pay the case-acceptance costs and prepay the relevant management fees to the CQAC.
 
After the formation of the Arbitral Tribunal, the parties shall, in accordance with their agreement with the arbitrators or the direction of the Arbitral Tribunal, prepay the arbitrators’ remuneration and the necessary expenses of the Arbitral Tribunal to the CQAC.
 
In the course of arbitration, if one party fails to advance the relevant fees, the CQAC shall notify the other parties to make such advancement. If the fees remain outstanding after the notice, the CQAC may recommend that the Arbitral Tribunal continue, suspend or terminate the proceedings in such form as it thinks fit.
 
The Arbitration Fees Schedule attached hereto constitutes an integral part of these Guidelines.
 
Article 9 The arbitrators’ remuneration shall be determined by the parties and the arbitrators through consultation and shall be submitted to the CQAC for management in accordance with the provisions of Article 41 of the UNCITRAL Arbitration Rules.
 
Article 10 The Arbitral Tribunal shall specify to the parties the details of the necessary expenses of the Arbitral Tribunal, including but not limited to transportation expenses, accommodation expenses, catering expenses, etc., with corresponding vouchers or instructions.
 
Article 11 The CQAC and its staff members shall assume no liability for the errors, omissions and awards made by the Arbitral Tribunal in the arbitral proceedings.
 
Article 12 Unless otherwise agreed by the parties, the UNCITRAL Arbitration Rules mentioned herein shall refer to the 2013 version of the UNCITRAL Arbitration Rules.
 
Where the parties agree to apply the 1976 or 2010 version of the UNCITRAL Arbitration Rules, the provisions herein covering the 2013 version thereof will be automatically adjusted for this purpose to the corresponding provisions in the 1976 or 2010 version; if the 1976 or 2010 version has no such corresponding provisions, the original provisions in the 2013 version shall still prevail.
 
Article 13 The power to interpret these Guidelines is vested in the CQAC.
 
Article 14 These Guidelines shall come into effect as of ,2018.
 

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