China International Economic and Trade Arbitration Commission ? China Maritime Arbitration Commission

STIPULATIONS FOR THE APPOINTMENT OF ARBITRATORS

      This stipulation is formulated in accordance with the Arbitration Law of the People's Republic of China and the relevant provisions set forth both in the Articles of Association and in the Arbitration Rules of China International Economic and Trade Arbitration Commission (CIETAC) and China Maritime Arbitration Commission (CMAC), and in order to meet the needs of the practice of foreign-related arbitration work.

I. The Conditions for the Appointment of Arbitrators

1. Chinese Arbitrators:

(1) has keen interest in arbitration, has a righteous and upright personality, and can uphold the principle of independence and impartiality in handling cases ;

(2) has been engaged in arbitration work, has worked as a lawyer, or has served as a judge for eight years; or has been engaged in legal research work or legal education work and has a senior title ; or has acquired the knowledge of law, engaged in the professional work of economy and trade or maritime affaires, and possessed a senior title or attained an equivalent professional level ;

(3) is willing to observe the Arbitration Rules of the Arbitration Commission, the Ethical Rules for Arbitrators and other relevant regulations ;

(4) has a good grasp of English or can read English, but for a small part of well- known personages or for those have the knowledge of other foreign languages, the terms can be softened appropriately;

(5) the above-mentioned terms can be softened properly for a small part of experienced well-known personages who are in good health and under the age of 70;

(6) Can guarantee the time for handling cases, and does not permanently stay abroad.

2. Foreign Arbitrators:

(1) has keen interest in arbitration, and can uphold the principle of independence and impartiality in handling cases;

(2) has acquired the professional knowledge of law, economy and trade, science and technology or maritime affairs, and has working experience;

(3) is willing to observe the Arbitration Rules of the Arbitration Commission, the Ethical Rules for Arbitrators and other relevant regulations;

(4) has a good English level and a certain knowledge of Chinese, however, the terms can be softened appropriately to a small number of well-known personages in the field of international arbitration.

3. Hong Kong and Macao Arbitrators:

The conditions for the appointment of arbitrators from Hong Kong and Macao may take reference of that for foreign arbitrators.

II. The Examination of the Terms for Appointment of Arbitrators

1. For those persons from China, Hong Kong, Macao or foreign countries who meet the aforesaid conditions for arbitrator, and are willing to be engaged as arbitrators of CIETAC or CMAC, they shall fill the Application Form for Candidates of CIETAC (or CMAC) Arbitrators issued by the according Arbitration Commission, together with the written recommendations of one or two expert(s) or professor(s), and also the approval from where he or she works if necessary. No recommendation is needed for a few well-known personages in the field of domestic or international arbitration;

2. After receipt of the Application Form for Candidates of CIETAC/CMAC Arbitrators, the Qualification Examination Committee of the Arbitration Commission will examine the application according to the required conditions to appoint arbitrators, and write the comments of examination;

3. After the application is approved by the Qualification Examination Committee, it shall be submitted to the relevant Arbitration Commission for examination and approval, and the Arbitration Commission, according to the need, will issue its official letter of appointment or notice of appointment and make public announcement in the related periodicals and newspapers;

III. Tenure

1. The arbitrator's each tenure will last three years;

2. If the arbitrator changes his working unit, post address or telephone numbers of his office or home, or will be abroad for a long time, he should inform the secretariat of the Arbitration Commission in time or in advance.

IV. Renewal and Dismissal of Tenure

1. Before the expiration of each three-year tenure, the Qualification Examination Committee will go over the examination again in accordance with the conditions for appointment of arbitrators and the arbitrator's performance in his tenure. After the approval of the Qualification Examination Committee, the Arbitration Commission will examine once again and approve the renewal of tenure;

2. To the arbitrators with renewed tenure, the Arbitration Commission will issue the letter of appointment or notice of appointment once again; as to the arbitrators whose tenure were not renewed, the Arbitration Commission is not obliged to give reasons thereof;

3. If an arbitrator is unwilling to work as arbitrator any more, or is not competent, or should be dismissed due to other reasons before the expiration of his tenure, he shall be removed from the position of arbitrator after being examined by the Qualification Examination Committee and approved by the Arbitration Commission, the Arbitration Commission may decide, taking the circumstances into consideration, if giving the reasons thereof;

4. If an arbitrator's tenure is not renewed or he is dismissed, the Arbitration Commission shall notify him in writing even though an arbitrator is not reappointed or is dismissed, he can still participate in the hearing of the case till an arbitral award is rendered if he was appointed as a member of the arbitral tribunal for a certain case during his former tenure, unless he does not want to continue with the work of an arbitrator or he is deemed incompetent.

V. The Panel of Arbitrators:

1. After the arbitrators are appointed, the Arbitration Commission shall publish a Chinese-English bilingual Panel of Arbitrators with their specialties noted;

2. In the Panel, for Chinese arbitrators, the names are listed according to the number of strokes of the Chinese surname; for arbitrators from Hong Kong and Macao, the same order for Chinese arbitrators shall apply; while for foreign arbitrators, their English names shall be arranged in alphabetic order.

VI. Implementation

1. This stipulation will come into force on September 1st, 2000.

2. The arbitrators appointed before the implementation of this stipulation, shall be examined according to this stipulation before September 1 of 1995 and shall be reappointed or removed from the Panel.