仲裁法【英文版】

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英国仲裁法aa1996

英国仲裁法aa1996英国仲裁法（英文：Arbitration Act 1996）是英国议会于1996年通过的一项重要立法。

该法律通过确立了现代仲裁制度的框架和规则，具有重要的法律地位和国际影响力。

本文将从该法律的背景、主要内容以及对英国和国际商务仲裁的影响等方面进行阐述，以帮助读者更好地了解英国仲裁法。

英国仲裁法的颁布背景是世界对传统诉讼制度的不满，以及国际商务对一种更为有效和灵活的争议解决机制的需求。

仲裁作为一种替代方式，能够提供快速、私密和具有弹性的争议解决手段，广受商界和法律界的青睐。

英国仲裁法的制定旨在为仲裁提供更加明确和全面的法律支持，以提高仲裁制度的可靠性和有效性。

英国仲裁法的主要内容包括了仲裁协议、仲裁程序和仲裁裁决等方面的规定。

首先，英国仲裁法明确了仲裁协议的要件和效力。

它规定了仲裁协议的书面形式、订立和效力要件，并对仲裁协议的适用范围和效果进行了界定。

这些规定为仲裁的进行提供了明确的法律依据，确保了仲裁裁决的有效性。

其次，英国仲裁法规定了仲裁程序的主要原则和程序规则。

它明确了仲裁庭的组成原则和程序规则，包括仲裁程序的开始和终止、证据的提交和审查、听证会的召开和程序公正原则等。

这些规定为仲裁程序的公正、高效和有序进行提供了法律保障，有利于仲裁庭迅速、公正地解决争议。

最后，英国仲裁法详细规定了仲裁裁决的效力和申请程序。

根据该法律的规定，仲裁裁决具有与判决相等的效力，并且可以在法院执行。

此外，英国仲裁法还确认了特定情况下对仲裁裁决进行撤销或纠正的申请程序，保证了仲裁裁决的公正性和可执行性。

英国仲裁法对英国和国际商务仲裁产生了重要的影响。

一方面，它使得英国成为了国际商务仲裁的重要中心之一。

英国的仲裁制度完善、法律成熟，并且与国际仲裁标准接轨，因此备受商业界信任和青睐。

另一方面，英国仲裁法的规定对国际商务仲裁产生了典范效应，并且在国际范围内产生了一定的影响力。

越来越多的国家将英国仲裁法作为借鉴和参考，制定自己的仲裁法律。

仲裁法(英文)

Arbitration Law of the People's Republic of China(Adopted at the 8th Session of the Standing Committee of the 8thNational People's Congress and Promulgated on August 31, 1994)Whole documentArbitration Law of the People's Republic of China(Adopted at the 8th Session of the Standing Committee of the 8thNational People's Congress and Promulgated on August 31, 1994)Chapter I General ProvisionsArticle 1This Law is formulated in order to ensure that economic disputes shallbe impartially and promptly arbitrated, to protect the legitimate rightsand interests of the relevant parties and to guarantee the healthydevelopment of the socialist market economy.Article 2Disputes over contracts and disputes over property rights andinterests between citizens, legal persons and other organizations as equalsubjects of law may be submitted to arbitration.Article 3The following disputes shall not be submitted to arbitration:1. disputes over marriage, adoption, guardianship,child maintenance and inheritance; and2. administrative disputes falling within the jurisdictionof the relevant administrative organs according tolaw.Article 4The parties adopting arbitration for dispute settlement shall reach anarbitration agreement on a mutually voluntary basis. An arbitrationcommission shall not accept an application for arbitration submitted byone of the parties in the absence of an arbitration agreement.Article 5A people's court shall not accept an action initiated by one of theparties if the parties have concluded an arbitration agreement, unless thearbitration agreement is invalid.Article 6An arbitration commission shall be selected by the parties byagreement.The jurisdiction by level system and the district jurisdiction systemshall not apply in arbitration.Article 7Disputes shall be fairly and reasonably settled by arbitration on thebasis of facts and in accordance with the relevant provisions of law.Article 8Arbitration shall be conducted in accordance with the law, independentof any intervention by administrative organs, social organizations or individuals.Article 9The single ruling system shall be applied in arbitration. Thearbitration commission shall not accept any application for arbitration,nor shall a people's court accept any action submitted by the party in respect of the same dispute after an arbitration award has already been given in relation to that matter.If the arbitration award is canceled or its enforcement has been disallowed by a people's court in accordance with the law, the parties may, in accordance with a new arbitration agreement between them in respect of the dispute, re-apply for arbitration or initiate legal proceedings with the people's court.Chapter II Arbitration Commissions and Arbitration AssociationArticle 10Arbitration commissions may be established in the municipalitiesdirectly under the Central Government, in the municipalities where the people's governments of provinces and autonomous regions are located or, if necessary, in other cities divided into districts. Arbitration commissions shall not be established at each level of the administrative divisions.The people's governments of the municipalities and cities specified inthe above paragraph shall organize the relevant departments and the Chamber of Commerce for the formation of an arbitration commission.The establishment of an arbitration commission shall be registeredwith the judicial administrative department of the relevant province, autonomous region or municipalities directly under the Central Government. Article 11An arbitration commission shall fulfil the following conditions:1. it must have its own name, domicile and Articles of Association;2. it must possess the necessary property;3. it must have its own members; and4. it must have arbitrators for appointment.The articles of association of the an arbitration commission shall be formulated in accordance with this Law.Article 12An arbitration commission shall comprise a chairman, two to fourvice-chairmen and seven to eleven members.The chairman, vice-chairmen and members of an arbitration commission must be persons specialized in law, economic and trade and persons who have actual working experience. The number of specialists in law, economicand trade shall not be less than two-thirds of the members of an arbitration association.Article 13The arbitration commission shall appoint fair and honest person as its arbitrators.Arbitrators must fulfil one of the following conditions:1. they have been engaged in arbitration work for at least eightyears;2. they have worked as a lawyer for at least eight years;3. they have been a judge for at least eight years;4. they are engaged in legal research or legal teaching and in senior positions; and5. they have legal knowledge and are engaged in professional work relating to economics and trade, and in senior positions or of the equivalent professional level.The arbitration commission shall establish a list of arbitratorsaccording to different professionals.Article 14Arbitration commissions are independent of administrative organs and there are no subordinate relations with any administrative organs nor between the different arbitration commissions.Article 15The China Arbitration Association is a social organization with thestatus of a legal person. Arbitration commissions are members of the China Arbitration Association. The Articles of Association of the China Arbitration Association shall be formulated by the national general meeting of the members.The China Arbitration Association is an organization in charge ofself-regulation of the arbitration commissions. It shall conduct supervision over the conduct (any breach of discipline) of the arbitration commissions and their members and arbitrators in accordance with its articles of association.The China Arbitration Association shall formulate Arbitration Rules in accordance with this Law and the Civil Procedure Law.Chapter III Arbitration AgreementArticle 16An arbitration agreement shall include the arbitration clausesprovided in the contract and any other written form of agreement concluded before or after the disputes providing for submission to arbitration.The following contents shall be included in an arbitration agreement:1. the expression of the parties' wish to submit to arbitration;2. the matters to be arbitrated; and3. the Arbitration Commission selected by the parties.Article 17An arbitration agreement shall be invalid under any of the following circumstances:1. matters agreed upon for arbitration are beyond the scope of arbitration prescribed by law;2. an arbitration agreement concluded by persons without or with limited capacity for civil acts; and3. one party forces the other party to sign an arbitration agreementby means of duress.Article 18If the arbitration matters or the arbitration commission are notagreed upon by the parties in the arbitration agreement, or, if the relevant provisions are not clear, the parties may supplement the agreement. If the parties fail to agree upon the supplementary agreement, the arbitration agreement shall be invalid.Article 19An arbitration agreement shall exist independently. Any changes to, rescission, termination or invalidity of the contract shall not affect the validity of the arbitration agreement.An arbitration tribunal has the right to rule on the validity of a contract.Article 20If the parties object to the validity of the arbitration agreement,they may apply to the arbitration commission for a decision or to a people's court for a ruling. If one of the parties submits to the arbitration commission for a decision, but the other party applies to a people's court for a ruling, the people's court shall give the ruling.If the parties contest the validity of the arbitration agreement, the objection shall be made before the start of the first hearing of the arbitration tribunal.Chapter IV Arbitration ProcedureSection 1: Application and Acceptance for ArbitrationArticle 21The parties applying for arbitration shall fulfil the following conditions:1. they must have an arbitration agreement;2. they must have a specific claim with facts and argument on whichthe claim is based; and3. the arbitration must be within the jurisdiction of the arbitration commission.Article 22The party applying for arbitration shall submit to an arbitration commission the arbitration agreement, an application for arbitration and copies thereof.Article 23An arbitration application shall state clearly the following:1. the name, sex, age, occupation, work unit and address of the party,the name address and legal representative of the legal person or other organization and the name and position of its person-in charge;2. the arbitration claim and the facts and argument on which the claimis based; and3. evidence and the source of evidence, the name and address of the witness (es).Article 24Within 5 days from the date of receiving the arbitration application,the arbitration commission shall notify the parties that it considers the conditions for acceptance have been fulfilled, and that the application is accepted by it. If the arbitration commission considers that the conditions have not been fulfilled, it shall notify the parties in writingof its rejection, stating its reasons.Article 25Upon acceptance of an arbitration application, the arbitration commission shall, within the time limit provided by the Arbitration Rules, serve a copy of the Arbitration Rules and the list of arbitrators on the applicant, and serve a copy of the arbitration application, the Arbitration Rules and the list of arbitrators on the respondent.Upon receipt of a copy of the arbitration application, the respondent shall, within the time limit prescribed by the Arbitration Rules, submitits defence to the arbitration commission. Upon receipt of the defence, the arbitration commission shall, within the time limit prescribed by the Arbitration Rules, serve a copy of the reply on the applicant. The failure of the respondent to submit a defence shall not affect the proceeding of the arbitration procedures.Article 26Where the parties had agreed on an arbitration agreement, but one ofthe parties initiates an action before a people's court without statingthe existence of the arbitration agreement, the people's court shall, unless the arbitration agreement is invalid, reject the action if theother party submits to the court the arbitration agreement before thefirst hearing of the case. If the other party fails to object to thehearing by the people's court before the first hearing, the arbitration agreement shall be considered to have been waived by the party and the people's court shall proceed with the hearing.Article 27The applicant may abandon or alter his arbitration claim. Therespondent may accept the arbitration claim or object to it. It has aright to make a counterclaim.Article 28A party may apply for property preservation if, as the result of anact of the other party or for some other reasons, it appears that an award may be impossible or difficult to enforce.If one of the parties applies for property preservation, thearbitration commission shall submit to a people's court the application of the party in accordance with the relevant provisions of the Civil Procedure Law.If a property preservation order is unfounded, the applicant shall compensate the party against whom the order was made for any losses sustained as a result of the implementation of the property preservation order.Article 29The parties and their legal representatives may appoint lawyers orengage agents to handle matters relating to the arbitration. In the eventthat a lawyer or an agent is appointed to handle the arbitration matters,a letter of authorization shall be submitted to the arbitration commission.Section 2: Composition of the Arbitration TribunalArticle 30An arbitration tribunal may comprise three arbitrators or onearbitrator. If an arbitration tribunal comprises three arbitrators, apresiding arbitrator shall be appointed.Article 31If the parties agree to form an arbitration tribunal comprising three arbitrators, each party shall select or authorize the chairmen of the arbitration commission to appoint one arbitrator. The third arbitratorshall be selected jointly by the parties or be nominated by the chairmanof the arbitration commission in accordance with a joint mandate given by the parties. The third arbitrator shall be the presiding arbitrator.If the parties agree to have one arbitrator to form an arbitrationtribunal, the arbitrator shall be selected jointly by the parties or be nominated by the chairman of the arbitration commission in accordance with a joint mandate given by the parties.Article 32If the parties fail, within the time limit prescribed by theArbitration Rules, to select the form of the constitution of thearbitration tribunal or fail to select the arbitrators, the arbitratorsshall be appointed by the chairman of the arbitration commission.Article 33After the arbitration tribunal is constituted, the arbitrationcommission shall notify the parties in writing of the composition of the arbitration tribunal.Article 34In any of the following circumstances, an arbitrator must withdraw from the arbitration, and the parties shall have the right to apply forhis withdrawal if he:1. is a party or a close relative of a party or of a party's representative;2. is related in the case;3. has some other relationship with a party to the case or with aparty's agent which could possibly affect the impartiality of the arbitration;4. meets a party or his agent in private, accepts an invitation fordinner by a party or his representative or accepts gifts presented by any of them.Article 35When applying for the withdrawal of an arbitrator, the petitioningparty shall state his reasons and submit a withdrawal application before the first hearing. A withdrawal application may also be submitted before the conclusion of the last hearing if reasons for the withdrawal only became known after the start of the first hearing.Article 36Whether an arbitrator is withdrawn or not shall be determined by the chairman of the arbitration commission. If chairman is serving as an arbitrator, the withdrawal or not shall be determined collectively by the arbitration commission.Article 37If an arbitrator is unable to perform his duties as an arbitrator as a result of the withdrawal or any other reasons, another arbitrator shall be selected or appointed in accordance with the provisions of this Law. After a replaced arbitrator has been selected or appointed followingthe withdrawal of an arbitrator, the parties may apply to resume the arbitration procedure. The arbitration tribunal shall determine whether the resumption of the procedure may be allowed. The arbitration tribunal may determine on its own whether the arbitration procedure shall be resumed.Article 38An arbitrator involved in one of the circumstances described in Item 4, Article 34, if it is serious, or those described in Item 6, Article58, such arbitrator shall be legally liable in accordance with the law. The arbitration commission shall remove his name from the list of arbitrators.Section 3: Hearing and Arbitral AwardsArticle 39An arbitration tribunal shall hold a tribunal session to hear an arbitration case. If the parties agree not to hold a hearing, the arbitration tribunal may render an award in accordance with the arbitration application, the defence statement and other documents. Article 40An arbitration shall not be conducted in public. If the parties agreeto a public hearing, the arbitration may proceed in public, except those concerning state secrets.Article 41The arbitration commission shall notify the two parties within thetime limit provided by the Arbitration Rules of the date of the hearing. Either party may request to postpone the hearing with in the time limit provided by the Arbitration Rules if there is a genuine reason. The arbitration tribunal shall decide whether to postpone the hearing. Article 42If the applicant for arbitration who has been given a notice inwriting does not appear before the tribunal without good reasons, or leaves the tribunal room during a hearing without the permission of the arbitration tribunal, such applicant shall be deemed as having withdrawn his application.If the party against whom the application was made was served with a notice in writing but does not appear before the tribunal without due reasons or leaves the tribunal room during a hearing without the permission of the arbitration tribunal, an award by default may be given. Article 43The parties shall produce evidence in support of their claims.An arbitration tribunal may collect on its own evidence it considers necessary.Article 44For specialized matters, an arbitration tribunal may submit for appraisal to an appraisal organ agreed upon by the parties or to the appraisal organ appointed by the arbitration tribunal if it deems such appraisal to be necessary.According to the claim of the parties or the request of thearbitration tribunal, the appraisal organ shall appoint an appraiser to participate in the hearing. Upon the permission of the arbitration tribunal, the parties may question the appraiser.Article 45Any evidence shall be produced at the start of the hearing. Theparties may challenge the validity of such evidence.Article 46In the event that the evidence might be destroyed or if it would be difficult to obtain the evidence later on, the parties may apply for the evidence to be preserved. If the parties apply for such preservation, thearbitration commission shall submit the application to the basic-level people's court of the place where the evidence is located.Article 47The parties have the right to argue during an arbitration procedure.At the end of the debate, the presiding arbitrator or the sole arbitrator shall ask for the final opinion of the parties.Article 48An arbitration tribunal shall make a written record of the hearing. Ifthe parties or other participants to the arbitration consider that the record has omitted a part of their statement or is incorrect in some other respect, they shall have the right to request correction thereof. If no correction is made, the request for correction shall be noted in the written record.The arbitrators, recorder, parties and other participants to the arbitration shall sign or affix their seals to the record.Article 49After the submission of an arbitration application, the parties maysettle the dispute among themselves through conciliation. If a conciliation agreement has been reached, the parties may apply to the arbitration tribunal for an award based on the conciliation agreement. Then may also withdraw the arbitration application.Article 50If the parties fall back on their words after the conclusion of a conciliation agreement and the withdrawal of the arbitration application, application may be made for arbitration in accordance with the arbitration agreement.Article 51Before giving an award, an arbitration tribunal may first attempt to conciliate. If the parties apply for conciliation voluntarily, the arbitration tribunal shall conciliate. If conciliation is unsuccessful, an award shall be made promptly.When a settlement agreement is reached by conciliation, thearbitration tribunal shall prepare the conciliation statement or the award on the basis of the results of the settlement agreement. A conciliation statement shall have the same legal force as that of an award.Article 52A conciliation statement shall set forth the arbitration claims andthe results of the agreement between the parties. The conciliation statement shall be signed by the arbitrators, sealed by the arbitration commission, and served on both parties.A conciliation statement shall have legal effect once signed and accepted by the parties.If the parties fall back on their words before the conciliationstatement is singed and accepted by them, an award shall be made by thearbitration tribunal promptly.Article 53An award shall be based on the opinion of the majority arbitrators.The opinion of the minority arbitrators shall be recorded in writing. Ifan opinion of the minority arbitrators shall be recorded in writing. If an opinion of the majority arbitrators can not be constituted at the tribunal, the award shall be given according to the opinion of the presiding arbitrator.Article 54The arbitration claims, the matters in dispute, the grounds upon whichan award is given, the results of the judgement, the responsibility forthe arbitration fees and the date of the award shall be set forth in the award. If the parties agree not to include in the award the matters in dispute and the grounds on which the award is based, such matters may not be stated in the award. The award shall be signed by the arbitrators and sealed by the arbitration commission. The arbitrator who disagrees with the award may select to sign or not to sign it.Article 55During the course of arbitration by an arbitration tribunal, where apart of facts has been made clear, a partial award may first be given in relation to that part.Article 56The parties may, within 30 days of the receipt of the award, requestthe arbitration tribunal to correct any typographical errors, calculation errors or matters which had been awarded but omitted in the award. Article 57An award shall be legally effective on the date it is given.Chapter V Application for Cancellation of an AwardArticle 58The parties may apply to the intermediate people's court at the place where the arbitration commission is located for cancellation of an awardif they provide evidence proving that the award involves one of the following circumstances:1. there is no arbitration agreement between the parties;2. the matters of the award are beyond the extent of the arbitration agreement or not within the jurisdiction of the arbitration commission;3. the composition of the arbitration tribunal or the arbitration procedure is in contrary to the legal procedure;4. the evidence on which the award is based is falsified;5. the other party has concealed evidence which is sufficient toaffect the impartiality of the award; and6. the arbitrator(s) has (have) demanded or accepted bribes, committed graft or perverted the law in making the arbitral award.The peoples' court shall rule to cancel the award if the existence ofone of the circumstances prescribed in the preceding clause is confirmed by its collegiate bench.The people's court shall rule to cancel the award if it holds that the award is contrary to the social and public interests.Article 59If a party applies for cancellation of an award, an application shallbe submitted within 6 months after receipt of the award.Article 60The people's court shall, within 2 months after receipt of the application for cancellation of an award, render its decision for cancellation of the award or for rejection of the application.Article 61If the people's court holds that the case may be re-arbitrated by the arbitration tribunal after receipt of the application for cancellation ofan award, the court shall inform the arbitration tribunal ofre-arbitrating the case within a certain period of time and rule to suspend the cancellation procedure. If the arbitration tribunal refuses to re-arbitrate, the people's court shall rule to resume the cancellation procedure.Chapter VI EnforcementArticle 62The parties shall execute an arbitration award. If one party fails to execute the award, the other party may apply to a people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law, and the court shall enforce the award.Article 63A people's court shall, after examination and verification by its collegiate bench, rule not to enforce an award if the party against whom an application for enforcement is made provides evidence proving that the award involves one of the circumstances prescribed in Clause 2, Article 217 of the Civil procedure Law.Article 64If one party applies for enforcement of an award while the other party applies for cancellation of the award, the people's court receiving such application shall rule to suspend enforcement of the award.If a people's court rules to cancel an award, it shall rule toterminate enforcement. If the people's court overrules the application for cancellation of an award, it shall rule to resume enforcement.Chapter VII Special provisions on Foreign-Related ArbitrationArticle 65The provisions of this Chapter shall apply to all arbitration ofdisputes arising from foreign economic, trade, transportation or maritime matters. In the absence of provisions in this Chapter, other relevant provisions of this Law shall apply.Article 66A foreign arbitration commission may be organized and established bythe China International Chamber of Commerce.A foreign arbitration commission shall comprise one chairman, several vice-chairmen and several committee members.The chairman, vice-chairmen and committee members may be appointed by the China International Chamber of Commerce.Article 67A foreign arbitration commission may appoint foreigners with professional knowledge in such fields as law, economic and trade, science and technology as arbitrators.Article 68If the parties to a foreign-related arbitration apply for evidence preservation, the foreign arbitration commission shall submit their applications to the intermediate people's court in the place where the evidence is located.Article 69The arbitration tribunal of a foreign arbitration commission mayrecord the details of the hearing in writing or record the essentials ofthe hearing in writing. The written record of the essentials shall besigned or sealed by the parties and other participants in the arbitration. Article 70A people's court shall, after examination and verification by itscollegiate bench, rule to cancel an award if a party to the case provides evidence proving that the arbitration award involves one of the circumstances prescribed in Clause 1, Article 260 of the Civil Procedure Law.Article 71A people's court shall, after examination and verification by itscollegiate bench, rule not to enforce an award-if the party against whoman application is made provides evidence proving that the arbitration award involves one of the circumstances prescribed in Clause 1, Article 260 of the Civil Procedure Law.Article 72Where the party subject to enforcement or its property is not withinthe territory of the People's Republic of China, a party applying for the enforcement of a legally effective arbitration award shall apply directlyto the foreign court having jurisdiction for recognition and enforcementof the award.Article 73Foreign arbitration rules may be formulated by the China International。

仲裁法英语单词(1)

仲裁法课程英文词汇1.Arbitration仲裁2.International commercial arbitration 国际商事仲裁3.Institutional arbitration 机构仲裁4.Ad hoc arbitration 临时仲裁5.Arbitration Tribunal仲裁庭6.Arbitration award仲裁裁决7.ADR : alternative dispute resolution 替代性纠纷解决机制8. Jurisdiction of the Arbitration Tribunal 仲裁庭的管辖权9. Challenges of Jurisdiction 管辖权异议10.Arbitration agreement 仲裁协议11.Arbitration clause 仲裁条款12.The validity of arbitration agreement 仲裁协议效力13.Doctrine of separability of the arbitration clause 仲裁条款独立原则14.Assignment of International Commercial Arbitration agreement 国际商事仲裁协议的转让15.Parties’autonomy 当事人意思自治16.Arbitrability 可仲裁性17.Arbitrable Subject-Matters 可仲裁事项18.Arbitration Tribunal’s composition 仲裁庭的组成19.Function of the Arbitration Tribunal 仲裁庭的职能20.powers and duties of the Arbitration Tribunal 仲裁庭的权利和义务21. Arbitrators 仲裁员22.panel of arbitrators仲裁员名册23.Qualification of Arbitrators 仲裁员的资格24.Replacement of arbitrators 更换仲裁员25.Sole Arbitration Tribunal 独任仲裁庭26.Parties to the Arbitration 仲裁当事人27.Parties to the Arbitration and their Capacity 仲裁当事人及其能力28.Claimant & Respondent 申请人和被申请人（仲裁）29.Plaintiff & defendant 原告和被告（诉讼）30. Arbitral Procedure 仲裁程序31. Arbitral Rules 仲裁规则32.Arbitral hearings 仲裁审理33.Place of Arbitration 仲裁地34.Applicable Law for the Merits of the Disputes 解决争议实体问题的适用法律35.The law of governing an Arbitration agreement 调整仲裁协议的法律36. Litigation 诉讼37. Applicable laws 适用的法律38. Burden of proof 举证责任39.Conservatory and the Interim Measures 保护性临时措施40.Interim measures for the preservation of evidence 保全证据的临时措施41.Additional award追加裁决42.Consent award 和解裁决43.Default awards缺席裁决44.Interlocutory award 中间裁决45.Injunctions 禁令46.Preliminary award 先决裁决47. Partial award 部分裁决48.Interim award 临时裁决; 中间裁决49. Correction and interpretation of awards 裁决的更正和解释50. Arbitration Costs 仲裁费用51.Revocation of The International Commercial Arbitral Award 撤销国际商事仲裁裁决52.Recognition and Enforcement of Foreign Arbitral Awards 外国仲裁裁决的承认与执行53.Validity and its determination of the International Commercial Arbitration agreement 国际商事仲裁协议的效力及其认定54.CIETAC : China International Economic and Trade Arbitration Commission中国国际经济贸易仲裁委员会;55.CMAC : China Maritime Arbitration Commission 中国海事仲裁委员会56.International treaties and conventions 国际条约和公约57.ICSID 国际投资争端解决中心58.New York Convention on Recognition and Enforcement of Foreign Arbitral Awards纽约公约。

新加坡仲裁法(英文)

ARBITRATION ACT(CHAPTER 10)(Original Enactment: Act 37 of 2001)REVISED EDITION 2002(31st July 2002)An Act to provide for the conduct of arbitration.[1st March 2002]PART IPRELIMINARYShort title1. This Act may be cited as the Arbitration Act.Interpretation2.—(1) In this Act, unless the context otherwise requires —“appointing authority” means the appointing authority designated under section 13(8) or (9);“arbitral tribunal” means a sole arbitrator or a panel of arbitrators or an arbitral institution, and includes an emergency arbitrator appointed pursuant to the rules of arbitration agreed to or adopted by the parties including the rules of arbitration of an institution or organisation;[Act 12 of 2012 wef 01/06/2012] “arbitration agreement” me ans an arbitration agreement referred to in section 4;[Act 12 of 2012 wef 01/06/2012] “award” means a decision of the arbitral tribunal on the substance of the dispute and includes any interim, interlocutory or partial award but excludes any order or direction made under section 28;“Court” means the High Court in Singapore;“court”, for the purposes of sections 6, 7, 8, 11(1), 55, 56 and 57, means the High Court, District Court, Magistrate’s Court or any other court in which the proceedings referred to in those sections are instituted or heard;[Deleted by Act 12 of 2012 wef 01/06/2012][Deleted by Act 12 of 2012 wef 01/06/2012]“party” means a party to an arbitration agreement or, in any case where an arbitration does not involve all of the parties to the arbitration agreement, means a party to the arbitration*;* See section 9 of the Contracts (Rights of Third Parties) Act (Cap. 53B) on third parties who are treated as parties to an arbitration agreement.“the place of the arbitration” means the juridica l seat of the arbitration designated by —(a)the parties to the arbitration agreement;(b)any arbitral or other institution or person authorised by the parties for that purpose; or(c) the arbitral tribunal as authorised by the parties,or determined, in the absence of such designation, having regard to the arbitration agreement and all the relevant circumstances.(2) Where any provision in this Act allows the parties to determine any issue, the parties may authorise a third party, including an arbitral institution, to make that determination.(3) Where any provision in this Act refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement includes any arbitration rules incorporated in that agreement.(4) Where any provision in this Act refers to a claim, it shall also apply to a cross-claim or counter-claim, and where such provision refers to a defence, it shall also apply to a defence to such cross-claim or counter-claim. Application of this Act3. This Act shall apply to any arbitration where the place of arbitration is Singapore and where Part II of the International Arbitration Act (Cap. 143A) does not apply to that arbitration.PART IIARBITRATION AGREEMENTDefinition and form of arbitration agreement4.—(1) In this Act, “arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.(2) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.(3) An arbitration agreement shall be in writing.(4) An arbitration agreement is in writing if its content is recorded in any form, whether or not the arbitration agreement or contract has been concluded orally, by conduct or by other means.(5) The requirement that an arbitration agreement shall be in writing is satisfied by an electronic communication if the information contained therein is accessible so as to be useable for subsequent reference.(6) Where in any arbitral or legal proceedings, a party asserts the existence of an arbitration agreement in a pleading, statement of case or any other document in circumstances in which the assertion calls for a reply and the assertion is not denied, there shall be deemed to be an effective arbitration agreement as between the parties to the proceedings.(7) A reference in a contract to any document containing an arbitrationclause shall constitute an arbitration agreement in writing if the reference is such as to make that clause part of the contract.(8) A reference in a bill of lading to a charterparty or other documentcontaining an arbitration clause shall constitute an arbitration agreement in writing if the reference is such as to make that clause part of the bill of lading.(9) In this section —“data message” means information generated, sent, received or stored by electronic, magnetic, optical or similar means, including, but not limited to, electronic data interchange (EDI), electronic mail, telegram, telex or telecopy;“electronic communication” means any communication that the parties make by means of data messages.[Act 12 of 2012 wef 01/06/2012] Arbitration agreement not to be discharged by death of party5.—(1) An arbitration agreement shall not be discharged by the death of any party to the agreement but shall continue to be enforceable by or against the personal representative of the deceased party.(2) The authority of an arbitrator shall not be revoked by the death of anyparty by whom he was appointed.(3) Nothing in this section shall be taken to affect the operation of anywritten law or rule of law by virtue of which any right of action is extinguished by the death of a person.PART IIISTAY OF LEGAL PROCEEDINGSStay of legal proceedings6.—(1) Where any party to an arbitration agreement institutes any proceedings in any court against any other party to the agreement in respect of any matter which is the subject of the agreement, any party to the agreement may, at any time after appearance and before delivering any pleading or taking any other step in the proceedings, apply to that court to stay the proceedings so far as the proceedings relate to that matter.(2) The court to which an application has been made in accordance withsubsection (1) may, if the court is satisfied that —(a)there is no sufficient reason why the matter should not be referred in accordance with the arbitration agreement; and(b)the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration,make an order, upon such terms as the court thinks fit, staying the proceedings so far as the proceedings relate to that matter.(3) Where a court makes an order under subsection (2), the court may, for the purpose of preserving the rights of parties, make such interim or supplementary orders as the court thinks fit in relation to any property which is or forms part of the subject of the dispute to which the order under that subsection relates.(4) Where no party to the proceedings has taken any further step in the proceedings for a period of not less than 2 years after an order staying the proceedings has been made, the court may, on its own motion, make an order discontinuing the proceedings without prejudice to the right of any of the parties to apply for the discontinued proceedings to be reinstated.(5) For the purposes of this section, a reference to a party includes a reference to any person claiming through or under such party.Court’s powers on stay of proceedings7.—(1) Where a court stays proceedings under section 6, the court may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest, order that —(a) the property arrested be retained as security for the satisfaction of any award made on the arbitration; or(b) the stay be conditional on the provision of equivalent security for the satisfaction of any such award.(2) Subject to the Rules of Court and to any necessary modification, the same law and practice shall apply in relation to property retained in pursuance of an order under this section as would apply if it were held for the purposes of proceedings in the court which made the order.Reference of interpleader issue to arbitration8. Where in proceedings before any court relief by way of interpleader is granted and any issue between the claimants is one in respect of which there is an arbitration agreement between them, the court granting the relief may direct the issue between the claimants to be determined in accordance with the agreement.PART IVCOMMENCEMENT OF ARBITRAL PROCEEDINGS[Act 12 of 2012 wef 01/06/2012] Commencement of arbitral proceedings9. Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute shall commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.[Act 12 of 2012 wef 01/06/2012] Powers of Court to extend time for beginning of arbitral proceedings10.—(1) Where the terms of an arbitration agreement to refer future disputes to arbitration provide that a claim to which the arbitration agreement applies shall be barred unless —(a) some step has been taken to begin other dispute resolution procedures which must be exhausted before arbitral proceedings can be begun;[Act 12 of 2012 wef 01/06/2012](b) notice to appoint an arbitrator is given;(c) an arbitrator is appointed; or(d) some other step is taken to commence arbitral proceedings,[Act 12 of 2012 wef 01/06/2012] within a time fixed by the agreement and a dispute to which the agreement applies has arisen, the Court may, if it is of the opinion that in the circumstances of the case undue hardship would otherwise be caused, extend the time for such period and on such terms as the Court thinks fit.(2) An order of extension of time made by the Court under subsection (1) —(a) may be made only after any available arbitral process for obtaining an extension of time has been exhausted;(b) may be made notwithstanding that the time so fixed has expired; and(c) shall not affect the operation of section 9 or 11 or any other written law relating to the limitation of actions.Application of Limitation Act and Foreign Limitation Periods Act 201211.—(1) The Limitation Act (Cap. 163) and the Foreign Limitation Periods Act 2012 shall apply to arbitral proceedings as they apply to proceedings before any court and any reference in both Acts to the commencement of proceedings shall be construed as a reference to the commencement of arbitral proceedings.[Act 13 of 2012 wef 01/06/2012](2) The Court may order that in computing the time prescribed by the Limitation Act or the Foreign Limitation Periods Act 2012 for the commencement of proceedings (including arbitral proceedings) in respect of a dispute which was the subject-matter of —(a) an award which the Court orders to be set aside or declares to be of no effect; or(b)the affected part of an award which the Court orders to be set aside in part or declares to be in part of no effect,the period between the commencement of the arbitration and the date of the order referred to in paragraph (a) or (b) shall be excluded.[Act 13 of 2012 wef 01/06/2012](3) Notwithstanding any term in an arbitration agreement to the effect that no cause of action shall accrue in respect of any matter required by the agreement to be referred until an award is made under the agreement, the cause of action shall, for the purposes of the Limitation Act and the Foreign Limitation Periods Act 2012, be deemed to have accrued in respect of any such matter at the time when it would have accrued but for that term in the agreement.[Act 13 of 2012 wef 01/06/2012]PART VARBITRAL TRIBUNALNumber of arbitrators12.—(1) The parties are free to determine the number of arbitrators.(2) Failing such determination, there shall be a single arbitrator. Appointment of arbitrators13.—(1) Unless otherwise agreed by the parties, no person shall be precluded by reason of his nationality from acting as an arbitrator.(2) The parties are free to agree on a procedure for appointing the arbitrator or arbitrators.(3) Where the parties fail to agree on a procedure for appointing the arbitrator or arbitrators —(a) in an arbitration with 3 arbitrators, each party shall appoint one arbitrator, and the parties shall by agreement appoint the third arbitrator; or(b) in an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, the arbitrator shall be appointed, upon the request of a party, by the appointing authority.(4) Where subsection (3)(a) applies —(a) if a party fails to appoint an arbitrator within 30 days of receipt of a first request to do so from the other party; or(b) if the 2 parties fail to agree on the appointment of the third arbitrator within 30 days of the receipt of the first request by either party to do so,the appointment shall be made, upon the request of a party, by the appointing authority.(5) If, under an appointment procedure agreed upon by the parties —(a)a party fails to act as required under such procedure;(b) the parties are unable to reach an agreement expected of them under such procedure; or(c) a third party, including an arbitral institution, fails to perform any function entrusted to it under such procedure,any party may apply to the appointing authority to take the necessary measure unless the agreement on the appointment procedure provides other means for securing the appointment.(6) Where a party makes a request or makes an application to the appointing authority under subsection (3), (4) or (5), the appointing authority shall, in appointing an arbitrator, have regard to the following:(a) the nature of the subject-matter of the arbitration;(b) the availability of any arbitrator;(c) the identities of the parties to the arbitration;(d) any suggestion made by any of the parties regarding the appointment of any arbitrator;(e) any qualifications required of the arbitrator by the arbitration agreement; and(f) such considerations as are likely to secure the appointment of an independent and impartial arbitrator.(7) No appointment by the appointing authority shall be challenged except in accordance with this Act.(8) For the purposes of this Act, the appointing authority shall be the Chairman of the Singapore International Arbitration Centre.(9) The Chief Justice may, if he thinks fit, by notification published in the Gazette, appoint any other person to exercise the powers of the appointing authority under this section.Grounds for challenge14.—(1) Where any person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstance likely to give rise to justifiable doubts as to his impartiality or independence.(2) An arbitrator shall, from the time of his appointment and throughout the arbitral proceedings, disclose without delay any such circumstance as is referred to in subsection (1) to the parties unless they have already been so informed by him.[Act 12 of 2012 wef 01/06/2012](3) Subject to subsection (4), an arbitrator may be challenged only if —(a) circumstances exist that give rise to justifiable doubts as to his impartiality or independence; or(b) he does not possess the qualifications agreed to by the parties.(4) A party who has appointed or participated in the appointment of any arbitrator may challenge such arbitrator only if he becomes aware of any of the grounds of challenge set out in subsection (3) as may be applicable to the arbitrator after the arbitrator has been appointed.Challenge procedure15.—(1) Subject to subsection (3), the parties are free to agree on a procedure for challenging an arbitrator.(2) If the parties have not agreed on a procedure for challenge, a party who intends to challenge an arbitrator shall —(a) within 15 days after becoming aware of the constitution of the arbitral tribunal; or(b) after becoming aware of any circumstance referred to in section 14(3),send a written statement of the grounds for the challenge to the arbitral tribunal.(3) The arbitral tribunal shall, unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, decide on the challenge.(4) If a challenge before the arbitral tribunal is unsuccessful, the aggrieved party may, within 30 days after receiving notice of the decision rejecting the challenge, apply to the Court to decide on the challenge and the Court may make such order as it thinks fit.(5) No appeal shall lie against the decision of the Court under subsection (4).(6) While an application to the Court under subsection (4) is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an award.[Act 12 of 2012 wef 01/06/2012] Failure or impossibility to act16.—(1) A party may request the Court to remove an arbitrator —(a) who is physically or mentally incapable of conducting the proceedings or where there are justifiable doubts as to his capacity to do so; or(b) who has refused or failed —to properly conduct the proceedings; or(ii) to use all reasonable despatch in conducting the proceedings or making an award,and where substantial injustice has been or will be caused to that party.(2) If there is an arbitral or other institution or person vested by the parties with power to remove an arbitrator, the Court shall not exercise its power of removal unless it is satisfied that the applicant has first exhausted any available recourse to that institution or person.(3) While an application to the Court under this section is pending, the arbitral tribunal, including the arbitrator concerned may continue the arbitral proceedings and make an award.[Act 12 of 2012 wef 01/06/2012](4) Where the Court removes an arbitrator, the Court may make such order as it thinks fit with respect to his entitlement, if any, to fees or expenses, or the repayment of any fees or expenses already paid.(5) The arbitrator concerned is entitled to appear and be heard by the Court before it makes any order under this section.(6) No appeal shall lie against the decision of the Court made under subsection (4).Arbitrator ceasing to hold office17.—(1) The authority of an arbitrator shall cease upon his death.(2) An arbitrator shall cease to hold office if —(a) he withdraws from office under section 15(3);(b) an order is made under section 15(4) for the termination of his mandate or his removal;(c) he is removed by the Court under section 16 or by an institution referred to in section 16(2); or(d) the parties agree on the termination of his mandate.(3) The withdrawal of an arbitrator or the termination of an arbi trator’s mandate by the parties shall not imply acceptance of the validity of any ground referred to in section 14(3) or 16(1).Appointment of substitute arbitrator18.—(1) Where an arbitrator ceases to hold office, the parties are free to agree —(a) whether and if so how the vacancy is to be filled;whether and if so to what extent the previous proceedings should stand; and(c) what effect (if any) his ceasing to hold office has on any appointment made by him (alone or jointly).(2) If or to the extent that there is no such agreement, the following subsections shall apply.(3) Section 13 (appointment of arbitrators) shall apply in relation to the filling of the vacancy as in relation to an original appointment.(4) The arbitral tribunal (when reconstituted) shall determine whether and if so to what extent the previous proceedings should stand.(5) The reconstitution of the arbitral tribunal shall not affect any right of a party to challenge the previous proceedings on any ground which had arisen before the arbitrator ceased to hold office.(6) The ceasing to hold office by the arbitrator shall not affect any appointment by him (alone or jointly) of another arbitrator, in particular any appointment of a presiding arbitrator.Decision by panel of arbitrators19.—(1) In arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by all or a majority of all its members.[Act 12 of 2012 wef 01/06/2012](2) Any question of procedure may be decided by a presiding arbitrator if so authorised by the parties or all members of the arbitral tribunal.Liability of arbitrator20. An arbitrator shall not be liable for —(a) negligence in respect of anything done or omitted to be done in the capacity of the arbitrator; or(b) any mistake of law, fact or procedure made in the course of arbitral proceedings or in the making of an arbitral award.[Act 12 of 2012 wef 01/06/2012]PART VIJURISDICTION OF ARBITRAL TRIBUNALSeparability of arbitration clause and competence of arbitral tribunal to rule on its own jurisdiction21.—(1) The arbitral tribunal may rule on its own jurisdiction, including a plea that it has no jurisdiction and any objections to the existence or validity of the arbitration agreement, at any stage of the arbitral proceedings.[Act 12 of 2012 wef 01/06/2012](2) For the purpose of subsection (1), an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract.(3) A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure (as a matter of law) the invalidity of the arbitration clause.(4) A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence.(5) A party shall not be precluded from raising the plea that the arbitral tribunal does not have jurisdiction by the fact that he has appointed, or participated in the appointment of, an arbitrator.(6) A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings.[Act 12 of 2012 wef 01/06/2012](7) Notwithstanding any delay in raising a plea referred to in subsection (4) or (6), the arbitral tribunal may admit such plea if it considers the delay to be justified in the circumstances.(8) The arbitral tribunal may rule on a plea referred to in this section either as a preliminary question or in an award on the merits.(9) If the arbitral tribunal rules —(a) on a plea as a preliminary question that it has jurisdiction; or(b) on a plea at any stage of the arbitral proceedings that it has no jurisdiction,any party may, within 30 days after having received notice of that ruling, apply to the Court to decide the matter.[Act 12 of 2012 wef 01/06/2012](10) [Deleted by Act 12 of 2012 wef 01/06/2012](11) [Deleted by Act 12 of 2012 wef 01/06/2012]Appeal on ruling of jurisdiction21A.—(1) An appeal from the decision of the High Court made under section 21 shall lie to the Court of Appeal only with the leave of the High Court.(2) There shall be no appeal against a refusal for grant of leave of the High Court.(3) Where the High Court, or the Court of Appeal on appeal, decides that the arbitral tribunal has jurisdiction —(a) the arbitral tribunal shall continue the arbitral proceedings and make an award; and(b) where any arbitrator is unable or unwilling to continue the arbitral proceedings, the mandate of that arbitrator shall terminate and a substitute arbitrator shall be appointed in accordance with section 18.(4) In making a ruling or decision under this section or section 21 that the arbitral tribunal has no jurisdiction, the arbitral tribunal, the High Court or the Court of Appeal (as the case may be) may make an award or order of costs of the proceedings, including the arbitral proceedings (as the case may be), against any party.(5) Where an award of costs is made by the arbitral tribunal under subsection (4), section 39(1) shall apply with the necessary modifications.(6) Where an application is made pursuant to section 21 ―(a) such application shall not operate as a stay of the arbitral proceedings or of execution of any award or order made in the arbitral proceedings unless the High Court orders otherwise; and(b) no intermediate act or proceeding shall be invalidated except so far as the High Court may direct.(7) Where there is an appeal from the decision of the High Court pursuant to subsection (1) —(a) such appeal shall not operate as a stay of the arbitral proceedings or of execution of any award or order made in the arbitral proceedings unless the High Court or the Court of Appeal orders otherwise; and(b) no intermediate act or proceeding shall be invalidated except so far as the Court of Appeal may direct.[Act 12 of 2012 wef 01/06/2012]PART VIIARBITRAL PROCEEDINGSGeneral duties of arbitral tribunal22. The arbitral tribunal shall act fairly and impartially and shall give each party a reasonable opportunity of presenting his case.Determination of rules of procedure23.—(1) Subject to the provisions of this Act, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.(2) Failing such agreement, the arbitral tribunal may, subject to the provisions of this Act, conduct the arbitration in such manner as it considers appropriate.(3) The power conferred on the arbitral tribunal under subsection (2) includes the power to determine the admissibility, relevance, materiality and weight of any evidence.Statements of claim and defence24.—(1) Within the period of time agreed by the parties or, failing such agreement, as determined by the arbitral tribunal, the claimant shall state —(a) the facts supporting his claim;(b) the points at issue; and(c) the relief or remedy sought,and the respondent shall state his defence in respect of the particulars set out in this subsection, unless the parties have otherwise agreed to the required elements of such statements.(2) The parties may submit to the arbitral tribunal with their statements, all documents they consider to be relevant or other documents which refer to such documents, or other evidence.(3) Except as otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow such amendment, having regard to the delay in making the amendment.[Act 12 of 2012 wef 01/06/2012] Hearings and written proceedings25.—(1) Subject to any contrary agreement by the parties, the arbitral tribunal shall determine if proceedings are to be conducted by oral hearing for the presentation of evidence or oral argument or on the basis of documents and other materials.(2) Unless the parties have agreed that no hearings shall be held, the arbitral tribunal shall, upon the request of a party, hold such hearings at an appropriate stage of the proceedings.(3) The parties shall be given sufficient notice in advance of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of goods, other property or documents.(4) All statements, documents or other information supplied to the arbitral tribunal by one party shall be communicated to the other party.(5) Any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties. Consolidation of proceedings and concurrent hearings26.—(1) The parties may agree —(a) that the arbitral proceedings shall be consolidated with other arbitration proceedings; or[Act 12 of 2012 wef 01/06/2012](b) that concurrent hearings shall be held,。

仲裁法英文版

仲裁法英文版Arbitration LawChapter 1: General ProvisionsArticle 1: This law is formulated to regulate arbitration activities, protect the legitimate rights and interests of the parties, and promote the development of arbitration.Article 2: Arbitration in the territory of this country shall be based on the principle of voluntary participation and shall respect the parties' autonomy in the selection of arbitrators and arbitration procedures.Article 3: The arbitration award shall have the same legal effect as a final judgment of a court, and the parties shall abide by it.Article 4: The court shall provide necessary support and supervision for arbitration activities.Chapter 2: Arbitration AgreementArticle 5: An arbitration agreement refers to the agreement reached by the parties to resolve their disputes through arbitration.Article 6: An arbitration agreement shall be in writing. It can be in the form of a written document, an exchange of letters, a telegram, email, or other electronic means of communication, as long as the contents are clearly identifiable and demonstrate the parties' intention to arbitrate.Article 7: An arbitration agreement may be included in a contract or in a separate document.Article 8: If a dispute arises and a valid arbitration agreement exists, the court shall decline jurisdiction and refer the parties to arbitration.Chapter 3: Arbitration ProceedingsArticle 9: The arbitration proceedings shall be conducted in accordance with the agreed rules or procedures, or in the absence of such agreement, in accordance with the rules prescribed by the arbitration institution or agreed upon by the parties.Article 10: The parties shall have equal rights to present their cases and submit evidence during the arbitration proceedings.Article 11: The parties shall have the right to choose their own arbitrators. If they fail to agree on the appointment of arbitrators, the arbitration institution shall appoint them.Article 12: The arbitrators shall be impartial and independent. They shall not have any financial or personal interest in the outcome of the arbitration.Article 13: The parties shall have the right to request the court's assistance in obtaining evidence or taking other necessary measures.Chapter 4: Arbitration AwardArticle 14: The arbitration award shall be in writing and signed by the arbitrators. The reasons for the decision shall be stated unless the parties have agreed otherwise.Article 15: The arbitration award shall be binding on the parties and final. It shall not be subject to appeal, unless otherwise provided by law.Article 16: The court shall enforce the arbitration award in accordance with the law.Chapter 5: Recognition and Enforcement of Foreign Arbitral AwardsArticle 17: Foreign arbitral awards shall be recognized and enforced in accordance with the international treaties to which this country is a party, or the principle of reciprocity.Article 18: The party seeking recognition and enforcement of a foreign arbitral award shall submit the necessary documents to the court.Article 19: The court shall grant recognition and enforcement of a foreign arbitral award, unless it finds grounds for refusal as provided by law.Chapter 6: Supplementary ProvisionsArticle 20: If there are any inconsistencies between this law and other relevant laws, this law shall prevail.Article 21: This law shall come into effect on the date of promulgation.。

英国仲裁法

英国仲裁法［Arbitration Act 1996］［Arbitration Act 1996］Arbitration Act 1996 (of England) 1996 CHAPTER 23 [17th June 1996]Lex MercatoriaArbitration Her Majesty's Stationary OfficeLM A-ZLM toc LM 19**Arbitration Act 1996 (of England)1996 CHAPTER 23 [17th June 1996]{ 1 }PART I - ARBITRATION PURSUANT TO AN ARBITRATION AGREEMENT{ 4 } Introductory{ 5 }Section 1. - General principles.{ 6 }Section 2. - Scope of application of provisions.{ 11 }Section 3. - The seat of the arbitration.{ 24 }Section 4. - Mandatory and non-mandatory provisions.{ 30 }Section 5. - Agreements to be in writing.{ 36 }Definition of arbitration agreement.{ 46 }Section 6. - The arbitration agreement{ 47 }Section 7. - Separability of arbitration agreement.{ 50 }Section 8. - Whether agreement discharged by death of a party.{ 52 }Stay of legal proceedings.{ 55 }Section 9. - Stay of legal proceedings{ 56 }Section 10. - Reference of interpleader issue to arbitration.{ 62 }Section 11. - Retention of security where Admiralty proceedings stayed.{ 65 } Commencement of arbitral proceedings{ 70 }Section 12. - Power of court to extend time for beginning arbitral proceedings, &c.{ 71 } Section 13. - Application of Limitation Acts.{ 83 }Section 14. - Commencement of arbitral proceedings.{ 97 }The arbitral tribunal{ 103 }Section 15. - The arbitral tribunal.{ 104 }Section 16. - Procedure for appointment of arbitrators.{ 108 }Section 17. - Power in case of default to appoint sole arbitrator.{ 120 }Section 18. - Failure of appointment procedure.{ 128 }Section 19. - Court to have regard to agreed qualifications.{ 138 }Section 20. - Chairman.{ 140 }Section 21. - Umpire.{ 145 }Section 22. - Decision-making where no chairman or umpire.{ 154 }Section 23. - Revocation of arbitrator's authority.{ 157 }Section 24. - Power of court to remove arbitrator.{ 167 }Section 25. - Resignation of arbitrator.{ 181 }Section 26. - Death of arbitrator or person appointing him.{ 191 }Section 27. - Filling of vacancy, &c.{ 194 }Section 28. - Joint and several liability of parties to arbitrators for fees and expenses.{ 203 } Section 29. - Immunity of arbitrator.{ 210 }Jurisdiction of the arbitral tribunal{ 214 }Section 30. - Competence of tribunal to rule on its own jurisdiction.{ 215 }Section 31. - Objection to substantive jurisdiction of tribunal.{ 221 }Section 32. - Determination of preliminary point of jurisdiction.{ 229 }The arbitral proceedings{ 241 }Section 33. - General duty of the tribunal.{ 242 }Section 34. - Procedural and evidential matters.{ 247 }Section 35. - Consolidation of proceedings and concurrent hearings.{ 259 }Section 36. - Legal or other representation.{ 265 }Section 37. - Power to appoint experts, legal advisers or assessors.{ 267 }Section 38. - General powers exercisable by the tribunal.{ 275 }Section 39. - Power to make provisional awards.{ 286 }Section 40. - General duty of parties.{ 293 }Section 41. - Powers of tribunal in case of party's default.{ 298 }Powers of court in relation to arbitral proceedings{ 316 }Section 42. - Enforcement of peremptory orders of tribunal.{ 317 }Section 43. - Securing the attendance of witnesses.{ 326 }Section 44. - Court powers exercisable in support of arbitral proceedings.{ 333 }Section 45. - Determination of preliminary point of law.{ 349 }The award{ 360 }Section 46. - Rules applicable to substance of dispute.{ 361 }Section 47. - Awards on different issues, &c.{ 367 }Section 48. - Remedies.{ 373 }Section 49. - Interest.{ 382 }Section 50. - Extension of time for making award.{ 391 }Section 51. - Settlement.{ 400 }Section 52. - Form of award.{ 406 }Section 53. - Place where award treated as made.{ 412 }Section 54. - Date of award.{ 414 }Section 55. - Notification of award.{ 417 }Section 56. - Power to withhold award in case of non-payment.{ 421 }Section 57. - Correction of award or additional award.{ 433 }Section 58. - Effect of award.{ 443 }Costs of the arbitration{ 446 }Section 59. - Costs of the arbitration.{ 447 }Section 60. - Agreement to pay costs in any event.{ 453 }Section 61. - Award of costs.{ 455 }Section 62. - Effect of agreement or award about costs.{ 458 }Section 63. - The recoverable costs of the arbitration.{ 460 }Section 64. - Recoverable fees and expenses of arbitrators.{ 474 }Section 65. - Power to limit recoverable costs.{ 481 }Powers of the court in relation to award{ 484 }Section 66. - Enforcement of the award.{ 485 }Section 67. - Challenging the award: substantive jurisdiction.{ 491 }Section 68. - Challenging the award: serious irregularity.{ 501 }Section 69. - Appeal on point of law.{ 518 }Section 70. - Challenge or appeal: supplementary provisions.{ 539 }Section 71. - Challenge or appeal: effect of order of court.{ 555 }Miscellaneous{ 560 }Section 72. - Saving for rights of person who takes no part in proceedings.{ 561 }Section 73. - Loss of right to object.{ 571 }Section 74. - Immunity of arbitral institutions, &c.{ 582 }Section 75. - Charge to secure payment of solicitors' costs.{ 586 }Supplementary{ 590 }Section 76. - Service of notices, &c.{ 591 }Section 77. - Powers of court in relation to service of documents.{ 601 }Section 78. - Reckoning periods of time.{ 608 }Section 79. - Power of court to extend time limits relating to arbitral proceedings.{ 615 } Section 80. - Notice and other requirements in connection with legal proceedings.{ 626 } Section 81. - Saving for certain matters governed by common law.{ 641 }Section 82. - Minor definitions.{ 647 }Section 83. - Index of defined expressions: Part I.{ 662 }Section 84. - Transitional provisions.{ 663 }PART II - OTHER PROVISIONS RELATING TO ARBITRATION{ 667 }Domestic arbitration agreements{ 668 }Section 85. - Modification of Part I in relation to domestic arbitration agreement.{ 669 } Section 86. - Staying of legal proceedings.{ 676 }Section 87. - Effectiveness of agreement to exclude court's jurisdiction.{ 683 }Section 88. - Power to repeal or amend sections 85 to 87.{ 690 }Consumer arbitration agreements{ 694 }Section 89. - Application of unfair terms regulations to consumer arbitration agreements. { 695 }Section 90. - Regulations apply where consumer is a legal person.{ 700 }Section 91. - Arbitration agreement unfair where modest amount sought.{ 702 }Small claims arbitration in the county court{ 713 }Section 92. - Exclusion of Part I in relation to small claims arbitration in the county court.{ 714 } Section 93. - Appointment of judges as arbitratorsAppointment of judges as arbitrators.{ 717 } Statutory arbitrations{ 727 }Section 94. - Application of Part I to statutory arbitrations.{ 728 }Section 95. - General adaptation of provisions in relation to statutory arbitrations.{ 738 }Section 96. - Specific adaptations of provisions in relation to statutory arbitrations.{ 743 } Section 97. - Provisions excluded from applying to statutory arbitrations.{ 748 }Section 98. - Power to make further provision by regulations.{ 753 }PART III - RECOGNITION AND ENFORCEMENT OF CERTAIN FOREIGN AWARDS{ 757 } Enforcement of Geneva Convention awards{ 758 }Section 99. - Continuation of Part II of the Arbitration Act 1950.{ 759 }Recognition and enforcement of New York Convention awards{ 762 }Section 100. - New York Convention awards.{ 763 }Section 101. - Recognition and enforcement of awards.{ 770 }Section 102. - Evidence to be produced by party seeking recognition or enforcement.{ 774 } Section 103. - Refusal of recognition or enforcement.{ 779 }Section 104. - Saving for other bases of recognition or enforcement.{ 791 }PART IV - GENERAL PROVISIONS{ 793 }Section 105. - Meaning of "the court": jurisdiction of High Court and county court.{ 794 } Section 106. - Crown application.{ 807 }Section 107. - Consequential amendments and repeals.{ 814 }Section 108. - Extent.{ 817 }Section 109. - Commencement.{ 825 }Section 110. - Short title.{ 828 }Arbitration Act 1996 (of England)1996 CHAPTER 23 [17th June 1996]{ 1 }An Act to restate and improve the law relating to arbitration pursuant to an arbitration agreement; to make other provision relating to arbitration and arbitration awards; and for connected purposes.{ 2 }Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: -{ 3 }PART I - ARBITRATION PURSUANT TO AN ARBITRATION AGREEMENT{ 4 }Introductory{ 5 }Section 1. - General principles.{ 6 }The provisions of this Part are founded on the following principles, and shall be construedaccordingly -{ 7 }(a) the object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense;{ 8 }(b) the parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest;{ 9 }(c) in matters governed by this Part the court should not intervene except as provided by this Part.{ 10 }Section 2. - Scope of application of provisions.{ 11 }(1) The provisions of this Part apply where the seat of the arbitration is in England and Wales or Northern Ireland.{ 12 }(2) The following sections apply even if the seat of the arbitration is outside England and Wales or Northern Ireland or no seat has been designated or determined -{ 13 }(a) sections 9 to 11 (stay of legal proceedings, &c.), and{ 14 }(b) section 66 (enforcement of arbitral awards).{ 15 }(3) The powers conferred by the following sections apply even if the seat of the arbitration is outside England and Wales or Northern Ireland or no seat has been designated or determined - { 16 }(a) section 43 (securing the attendance of witnesses), and{ 17 }(b) section 44 (court powers exercisable in support of arbitral proceedings);{ 18 }but the court may refuse to exercise any such power if, in the opinion of the court, the fact that the seat of the arbitration is outside England and Wales or Northern Ireland, or that when designated or determined the seat is likely to be outside England and Wales or Northern Ireland, makes it inappropriate to do so.{ 19 }(4) The court may exercise a power conferred by any provision of this Part not mentioned in subsection (2) or (3) for the purpose of supporting the arbitral process where -{ 20 }(a) no seat of the arbitration has been designated or determined, and{ 21 }(b) by reason of a connection with England and Wales or Northern Ireland the court is satisfied that it is appropriate to do so.{ 22 }(5) Section 7 (Separability of arbitration agreement) and section 8 (death of a party) apply wherethe law applicable to the arbitration agreement is the law of England and Wales or Northern Ireland even if the seat of the arbitration is outside England and Wales or Northern Ireland or has not been designated or determined.{ 23 }Section 3. - The seat of the arbitration.{ 24 }In this Part “the seat of the arbitration" means the juridical seat of the arbitration designated - { 25 }(a) by the parties to the arbitration agreement, or{ 26 }(b) by any arbitral or other institution or person vested by the parties with powers in that regard, or{ 27 }(c) by the arbitral tribunal if so authorised by the parties,{ 28 }or determined, in the absence of any such designation, having regard to the parties' agreement and all the relevant circumstances.{ 29 }Section 4. - Mandatory and non-mandatory provisions.{ 30 }(1) The mandatory provisions of this Part are listed in Schedule 1 and have effect notwithstanding any agreement to the contrary.{ 31 }(2) The other provisions of this Part (the "non-mandatory provisions") allow the parties to make their own arrangements by agreement but provide rules which apply in the absence of such agreement.{ 32 }(3) The parties may make such arrangements by agreeing to the application of institutional rules or providing any other means by which a matter may be decided.{ 33 }(4) It is immaterial whether or not the law applicable to the parties' agreement is the law of England and Wales or, as the case may be, Northern Ireland.{ 34 }(5) The choice of a law other than the law of England and Wales or Northern Ireland as the applicable law in respect of a matter provided for by a non-mandatory provision of this Part is equivalent to an agreement making provision about that matter. For this purpose an applicable law determined in accordance with the parties' agreement, or which is objectively determined in the absence of any express or implied choice, shall be treated as chosen by the parties.{ 35 }Section 5. - Agreements to be in writing.(1) The provisions of this Part apply only where the arbitration agreement is in writing, and any other agreement between the parties as to any matter is effective for the purposes of this Part only if in writing. The expressions"agreement","agree" and"agreed" shall be construed accordingly.{ 37 }(2) There is an agreement in writing -{ 38 }(a) if the agreement is made in writing (whether or not it is signed by the parties),{ 39 }(b) if the agreement is made by exchange of communications in writing, or{ 40 }(c) if the agreement is evidenced in writing.{ 41 }(3) Where parties agree otherwise than in writing by reference to terms which are in writing, they make an agreement in writing.{ 42 }(4) An agreement is evidenced in writing if an agreement made otherwise than in writing is recorded by one of the parties, or by a third party, with the authority of the parties to the agreement.{ 43 }(5) An exchange of written submissions in arbitral or legal proceedings in which the existence of an agreement otherwise than in writing is alleged by one party against another party and not denied by the other party in his response constitutes as between those parties an agreement in writing to the effect alleged.{ 44 }(6) References in this Part to anything being written or in writing include its being recorded by any means.{ 45 }Definition of arbitration agreement.{ 46 }Section 6. - The arbitration agreement{ 47 }(1) In this Part an “arbitration agreement" means an agreement to submit to arbitration present or future disputes (whether they are contractual or not).{ 48 }(2) The reference in an agreement to a written form of arbitration clause or to a document containing an arbitration clause constitutes an arbitration agreement if the reference is such as to make that clause part of the agreement.{ 49 }Section 7. - Separability of arbitration agreement.Unless otherwise agreed by the parties, an arbitration agreement which forms or was intended to form part of another agreement (whether or not in writing) shall not be regarded as invalid, non-existent or ineffective because that other agreement is invalid, or did not come into existence or has become ineffective, and it shall for that purpose be treated as a distinct agreement.{ 51 }Section 8. - Whether agreement discharged by death of a party.{ 52 }(1) Unless otherwise agreed by the parties, an arbitration agreement is not discharged by the death of a party and may be enforced by or against the personal representatives of that party. { 53 }(2) Subsection (1) does not affect the operation of any enactment or rule of law by virtue of which a substantive right or obligation is extinguished by death.{ 54 }Stay of legal proceedings.{ 55 }Section 9. - Stay of legal proceedings{ 56 }(1) A party to an arbitration agreement against whom legal proceedings are brought (whether by way of claim or counterclaim) in respect of a matter which under the agreement is to be referred to arbitration may (upon notice to the other parties to the proceedings) apply to the court in which the proceedings have been brought to stay the proceedings so far as they concern that matter.{ 57 }(2) An application may be made notwithstanding that the matter is to be referred to arbitration only after the exhaustion of other dispute resolution procedures.{ 58 }(3) An application may not be made by a person before taking the appropriate procedural step (if any) to acknowledge the legal proceedings against him or after he has taken any step in those proceedings to answer the substantive claim.{ 59 }(4) On an application under this section the court shall grant a stay unless satisfied that the arbitration agreement is null and void, inoperative, or incapable of being performed.{ 60 }(5) If the court refuses to stay the legal proceedings, any provision that an award is a condition precedent to the bringing of legal proceedings in respect of any matter is of no effect in relation to those proceedings.{ 61 }Section 10. - Reference of interpleader issue to arbitration.(1) Where in legal proceedings relief by way of interpleader is granted and any issue between the claimants is one in respect of which there is an arbitration agreement between them, the court granting the relief shall direct that the issue be determined in accordance with the agreement unless the circumstances are such that proceedings brought by a claimant in respect of the matter would not be stayed.{ 63 }(2) Where subsection (1) applies but the court does not direct that the issue be determined in accordance with the arbitration agreement, any provision that an award is a condition precedent to the bringing of legal proceedings in respect of any matter shall not affect the determination of that issue by the court.{ 64 }Section 11. - Retention of security where Admiralty proceedings stayed.{ 65 }(1) Where Admiralty proceedings are stayed on the ground that the dispute in question should be submitted to arbitration, the court granting the stay may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest - { 66 }(a) order that the property arrested be retained as security for the satisfaction of any award given in the arbitration in respect of that dispute, or{ 67 }(b) order that the stay of those proceedings be conditional on the provision of equivalent security for the satisfaction of any such award.{ 68 }(2) Subject to any provision made by rules of court and to any necessary modifications, the same law and practice shall apply in relation to property retained in pursuance of an order as would apply if it were held for the purposes of proceedings in the court making the order.{ 69 }Commencement of arbitral proceedings{ 70 }Section 12. - Power of court to extend time for beginning arbitral proceedings, &c.{ 71 }(1) Where an arbitration agreement to refer future disputes to arbitration provides that a claim shall be barred, or the claimant's right extinguished, unless the claimant takes within a time fixed by the agreement some step -{ 72 }(a) to begin arbitral proceedings, or{ 73 }(b) to begin other dispute resolution procedures which must be exhausted before arbitral proceedings can be begun,{ 74 }the court may by order extend the time for taking that step.{ 75 }(2) Any party to the arbitration agreement may apply for such an order (upon notice to the other parties), but only after a claim has arisen and after exhausting any available arbitral process for obtaining an extension of time.{ 76 }(3) The court shall make an order only if satisfied -{ 77 }(a) that the circumstances are such as were outside the reasonable contemplation of the parties when they agreed the provision in question, and that it would be just to extend the time, or{ 78 }(b) that the conduct of one party makes it unjust to hold the other party to the strict terms of the provision in question.{ 79 }(4) The court may extend the time for such period and on such terms as it thinks fit, and may do so whether or not the time previously fixed (by agreement or by a previous order) has expired. { 80 }(5) An order under this section does not affect the operation of the Limitation Acts (see section 13).{ 81 }(6) The leave of the court is required for any appeal from a decision of the court under this section.{ 82 }Section 13. - Application of Limitation Acts.{ 83 }(1) The Limitation Acts apply to arbitral proceedings as they apply to legal proceedings.{ 84 }(2) The court may order that in computing the time prescribed by the Limitation Acts for the commencement of proceedings (including arbitral proceedings) in respect of a dispute which was the subject matter -{ 85 }(a) of an award which the court orders to be set aside or declares to be of no effect, or{ 86 }(b) of the affected part of an award which the court orders to be set aside in part, or declares to be in part of no effect,{ 87 }the period between the commencement of the arbitration and the date of the order referred to in paragraph (a) or (b) shall be excluded.{ 88 }(3) In determining for the purposes of the Limitation Acts when a cause of action accrued, any provision that an award is a condition precedent to the bringing of legal proceedings in respect of a matter to which an arbitration agreement applies shall be disregarded.{ 89 }(4) In this Part “the Limitation Acts" means -{ 90 }(a) in England and Wales, the Limitation Act 1980, the Foreign Limitation Periods Act 1984 and any other enactment (whenever passed) relating to the limitation of actions;{ 91 }(b) in Northern Ireland, the Limitation (Northern Ireland) Order 1989, the Foreign Limitation Periods (Northern Ireland) Order 1985 and any other enactment (whenever passed) relating to the limitation of actions.{ 92 }1980 c. 58.{ 93 }1984 c. 16.{ 94 }S.I. 1989/1339 (N.I. 11).{ 95 }S.I. 1985/754 (N.I. 5).{ 96 }Section 14. - Commencement of arbitral proceedings.{ 97 }(1) The parties are free to agree when arbitral proceedings are to be regarded as commenced for the purposes of this Part and for the purposes of the Limitation Acts.{ 98 }(2) If there is no such agreement the following provisions apply.{ 99 }(3) Where the arbitrator is named or designated in the arbitration agreement, arbitral proceedings are commenced in respect of a matter when one party serves on the other party or parties a notice in writing requiring him or them to submit that matter to the person so named or designated.{ 100 }(4) Where the arbitrator or arbitrators are to be appointed by the parties, arbitral proceedings are commenced in respect of a matter when one party serves on the other party or parties notice in writing requiring him or them to appoint an arbitrator or to agree to the appointment of an arbitrator in respect of that matter.{ 101 }(5) Where the arbitrator or arbitrators are to be appointed by a person other than a party to the proceedings, arbitral proceedings are commenced in respect of a matter when one party gives notice in writing to that person requesting him to make the appointment in respect of that matter.{ 102 }The arbitral tribunal{ 103 }Section 15. - The arbitral tribunal.{ 104 }(1) The parties are free to agree on the number of arbitrators to form the tribunal and whether there is to be a chairman or umpire.{ 105 }(2) Unless otherwise agreed by the parties, an agreement that the number of arbitrators shall be two or any other even number shall be understood as requiring the appointment of an additional arbitrator as chairman of the tribunal.{ 106 }(3) If there is no agreement as to the number of arbitrators, the tribunal shall consist of a sole arbitrator.{ 107 }Section 16. - Procedure for appointment of arbitrators.{ 108 }(1) The parties are free to agree on the procedure for appointing the arbitrator or arbitrators, including the procedure for appointing any chairman or umpire.{ 109 }(2) If or to the extent that there is no such agreement, the following provisions apply.{ 110 }(3) If the tribunal is to consist of a sole arbitrator, the parties shall jointly appoint the arbitrator not later than 28 days after service of a request in writing by either party to do so.{ 111 }(4) If the tribunal is to consist of two arbitrators, each party shall appoint one arbitrator not later than 14 days after service of a request in writing by either party to do so.{ 112 }(5) If the tribunal is to consist of three arbitrators -{ 113 }(a) each party shall appoint one arbitrator not later than 14 days after service of a request in writing by either party to do so, and{ 114 }(b) the two so appointed shall forthwith appoint a third arbitrator as the chairman of the tribunal.{ 115 }(6) If the tribunal is to consist of two arbitrators and an umpire -{ 116 }(a) each party shall appoint one arbitrator not later than 14 days after service of a request in writing by either party to do so, and{ 117 }(b) the two so appointed may appoint an umpire at any time after they themselves are appointed and shall do so before any substantive hearing or forthwith if they cannot agree on a matter relating to the arbitration.{ 118 }(7) In any other case (in particular, if there are more than two parties) section 18 applies as in thecase of a failure of the agreed appointment procedure.{ 119 }Section 17. - Power in case of default to appoint sole arbitrator.{ 120 }(1) Unless the parties otherwise agree, where each of two parties to an arbitration agreement is to appoint an arbitrator and one party ("the party in default") refuses to do so, or fails to do so within the time specified, the other party, having duly appointed his arbitrator, may give notice in writing to the party in default that he proposes to appoint his arbitrator to act as sole arbitrator. { 121 }(2) If the party in default does not within 7 clear days of that notice being given -{ 122 }(a) make the required appointment, and{ 123 }(b) notify the other party that he has done so,{ 124 }the other party may appoint his arbitrator as sole arbitrator whose award shall be binding on both parties as if he had been so appointed by agreement.{ 125 }(3) Where a sole arbitrator has been appointed under subsection (2), the party in default may (upon notice to the appointing party) apply to the court which may set aside the appointment. { 126 }(4) The leave of the court is required for any appeal from a decision of the court under this section.{ 127 }Section 18. - Failure of appointment procedure.{ 128 }(1) The parties are free to agree what is to happen in the event of a failure of the procedure for the appointment of the arbitral tribunal. There is no failure if an appointment is duly made under section 17 (power in case of default to appoint sole arbitrator), unless that appointment is set aside.{ 129 }(2) If or to the extent that there is no such agreement any party to the arbitration agreement may (upon notice to the other parties) apply to the court to exercise its powers under this section. { 130 }(3) Those powers are -{ 131 }(a) to give directions as to the making of any necessary appointments;{ 132 }(b) to direct that the tribunal shall be constituted by such appointments (or any one or more of them) as have been made;{ 133 }(c) to revoke any appointments already made;。

劳动仲裁法英文版

中华人民共和国劳动争议调解仲裁法(英文版)Law of the People's Republic of China on Mediation and Arbitration of L abor DisputesDecember 29, 2007(Adopted at the 31st Session of the Standing Committee of the 10th National People's Congress on December 29, 2007)Chapter I: General ProvisionsChapter II: MediationChapter III: ArbitrationSection 1 General ProvisionsSection 2 Application and AcceptanceSection 3 Hearing and AwardChapter IV: Supplementary ProvisionsChapter I: General ProvisionsArticle 1 The Law is formulated in order to fairly and timely resolve labor dis putes, protect the lawful rights and interests of the parties and promote harmon ious and stable labor relations.Article 2 The Law shall apply to the following labor disputes between employi ng units and laborers within the territory of the People's Republic of China:1. disputes arising from the confirmation of labor relations;2. disputes arising from the conclusion, performance, alteration and termination of labor contracts;3. disputes arising from name removal, dismissal, resignation or vacation of offi ce;4. disputes arising from working hours, rest days and leave days, social insura nce, fringe benefits, training and labor protection;5. disputes arising from labor remunerations, work injury medical expenses, eco nomic compensation or damages; or6. other labor disputes prescribed by laws and regulations.Article 3 The resolution of labor disputes shall be based on facts and follow t he principles of lawfulness, fairness, timeliness and mediation-oriented to protec t the lawful rights and interests of the parties.Article 4 Where a labor dispute arises, a laborer may have a consultation with the employing unit or request the labor union or a third party to have a consult ation with the employing unit in order to reach a settlement agreement.Article 5 Where a labor dispute arises, the parties are not willing to have a c onsultation, the consultation fails or the settlement agreement is reached but not performed, an application for mediation may be made to an mediation institut e. Where the parties are not willing to mediate, the mediation fails or the medi ation agreement is reached but not performed, an application for arbitration ma y be made to the labor dispute arbitration commission. Where there is objectio n to the arbitral award, litigation may be initiated to a people's court unless ot herwise specified herein.Article 6 Where a labor dispute arises, the parties have the responsibility to gi ve evidence for their own claim. Where the evidence relevant to the dispute m atter is handled and managed by the employing unit, the employing unit shall give such evidence. Where the employing unit does not give evidence, it shall assume any unfavorable consequences.Article 7 Where the party in a labor dispute consists of more than 10 laborers, and they have a joint request, they may recommend a representative to partici pate in mediation, arbitration or litigation activities.Article 8 The labor administrative department of people's governments at the c ounty level or above together with labor unions and enterprise representatives sh all establish a labor relation tripartite mechanism to jointly study and resolve major issues of labor disputes.Article 9 Where an employing unit violates state provisions and labor remunera tions are in arrears or not paid in full, or work injury medical expenses, econom ic compensation or damages are in arrears, the laborer may make a complaint t o the labor administrative department which shall handle the matter in accorda nce with the law.Chapter II: MediationArticle 10 Where a labor dispute arises, the parties may apply for mediation t o the following mediation institutes:1. Enterprise labor dispute mediation commission;2. Basic-level people's mediation institutes established in accordance with the la w;3. Institutes with labor dispute mediation function established in towns and vill ages and districts.The enterprise labor dispute mediation commission shall comprise employee rep resentatives and enterprise representatives. Employee representatives shall be lab or union members or recommended by all employees, and enterprise representativ es are designated by the responsible person of enterprise. The officer of the en terprise labor dispute mediation commission shall be a labor union member or a person recommended by both parties.Article 11 The mediators of labor dispute mediation institutes shall be citizens that are impartial, connected with the mass and passionate about mediation wor k, and have certain legal knowledge, policy level and cultural level.Article 12 The parties that apply for labor dispute mediation may submit an a pplication in writing or orally. Where it is an oral application, the mediation ins titute shall record the basic particulars of the applicant, the matter in dispute t hat requires mediation, the reason and time on the spot.Article 13 To mediate labor disputes, the facts and reasons of both parties shal l be listened and mediation is conducted with patience to assist in reaching an agreement.Article 14 Where an agreement is reached after mediation, a mediation agreem ent shall be prepared.The mediation agreement shall be signed or sealed by both parties, and signed by the mediator as well as sealed by the mediation institute to take effect. It s hall be binding on both parties and both parties shall perform the agreement.The parties may apply for arbitration in accordance with the law if no mediati on agreement is reached within 15 days of the receipt of the mediation applica tion by the labor dispute mediation institute.Article 15 Where the mediation agreement is reached and either party that fails to perform the mediation agreement within the time limit prescribed in the ag reement, the other party may apply for arbitration in accordance with the law.Article 16 Where the mediation agreement is reached in respect of the paymen t of labor remunerations, work injury medical expenses, economic compensatio n or damages in arrears and the employing unit fails to perform the agreement within the time limit prescribed in the agreement, the laborer may apply to the people's court for a payment order in accordance with the law on the strengt h of the mediation agreement. The people's court shall issue the payment order in accordance with the law.Chapter III: ArbitrationSection 1 General ProvisionsArticle 17 Labor dispute arbitration commissions shall be set up pursuant to th e principles of coordinated planning, rational layout and meeting actual needs. People's governments of provinces and autonomous regions may decide to set up a labor dispute arbitration commission at the municipal and county levels; p eople's governments of municipalities directly under the central government ma y decide to set up a labor dispute arbitration commission at district and county levels; and people's governments of cities specifically designated in the state plan and cities with districts may also establish one or several labor dispute arb itration commissions. Labor dispute arbitration commissions are not set up acco rding to administrative areas level by level.Article 18 The labor administrative department under the State Council shall fo rmulate arbitration rules in accordance with the provisions hereof. The labor ad ministrative department of people's governments of provinces, autonomous regio ns and municipalities directly under the central government shall provide guida nce to labor dispute arbitration work within the administrative area.Article 19 Labor dispute arbitration commissions shall comprise the representati ve of the labor administrative department, labor union representative and enterpri se representative. The composition of the labor dispute arbitration commissions shall be an odd number.Labor dispute arbitration commissions shall perform the following functions and duties in accordance with the law:1. appointment and dismissal of full-time or part-time arbitrators;2. acceptance of labor dispute cases;3. discussion of major or complicated labor dispute cases; and4. supervision of arbitration activities.Labor dispute arbitration commissions shall set up offices to handle the day-to-day work of the labor dispute arbitration commissions.Article 20 Labor dispute arbitration commissions shall have an arbitrator registe r.Arbitrators shall be impartial and fulfill any of the following requirements:1. having served as an adjudicator;2. engaging in legal research or teaching with a designation of middle level or a bove;3. having legal knowledge and engaging in human resources management, labo r union work or other professional work for five full years; or4. having legal practice for three full years.Article 21 Labor dispute arbitration commissions shall be responsible for the la bor disputes occurred in the district under their jurisdiction.Labor disputes shall be handled by the labor dispute arbitration commission at the place where the labor contract is performed or at the place where the empl oying unit locates. Where both parties apply for arbitration to the labor dispute arbitration commission at the place where the labor contract is performed or th e place where the employing unit locates, the labor dispute shall fall within th e jurisdiction of the labor dispute arbitration commission at the place where th e labor contract is performed.Article 22 The laborer in a labor dispute and the employing unit are the partie s to labor dispute cases.Where there is a labor dispute between a labor deployment unit and a laborer, the labor deployment unit and the employing unit are the joint parties.Article 23 The third party that has an interest in the result of the handling of a labor dispute case may apply for participating in arbitration activities or be no tified to participate in arbitration activities by the labor dispute arbitration com mission.Article 24 The parties may appoint an agent to participate in arbitration activiti es. To appoint an agent to participate in arbitration activities, a power of attor ney signed or sealed by the appointer shall be submitted to the labor dispute ar bitration commission. The power of attorney shall set out the appointment matt er and the authority.Article 25 A laborer that has lost full or partial civil capability shall participate in arbitration activities by his legal representative. Where there is no legal rep resentative, an agent shall be designated by the labor dispute arbitration commi ssion. Where the laborer has died, his close relative or agent shall participate in arbitration activities.Article 26 The arbitration of labor disputes shall be conducted openly, unless t he parties agree not to conduct openly or state secrets, trade secrets or personal privacy is involved.Section 2 Application and AcceptanceArticle 27 The time limit for application for arbitration in labor disputes is on e year. The validity of arbitration shall be calculated from the date the parties know or shall have known the infringement of their rights.The validity of arbitration as prescribed in the previous paragraph shall be inte rrupted where either party claims its rights against the other party; or the releva nt department requests for the right of relief, or the other party agrees to perfor m its obligations. The validity of arbitration shall be calculated again from the time of interruption.Where the parties cannot apply for arbitration within the validity of arbitration as prescribed in Paragraph One of this article due to force majeure or other pro per reasons, the validity of arbitration is suspended. The validity of arbitration shall resume following the non-existence of the reason for suspension.Where a dispute arises within the subsistence of labor relations due to labor re munerations in arrears, the laborer that applies for arbitration shall not be restri cted by the validity of arbitration prescribed in Paragraph One of this article. However, where the labor relations are terminated, the application for arbitratio n shall be submitted within one year of the termination of the labor relations.Article 28 The applicant that applies for arbitration shall submit a written arbit ration application and submit duplicates in accordance with the number of the respondents.The arbitration application shall set out the following matters:1. Name, gender, age, occupation, working unit and domicile of the laborer; na me and domicile of the employing unit and name and duties of the legal repre sentative or person-in-charge;2. the request for arbitration and the facts and reasons on which such request is based; and3. evidence and the source thereof, the name and domicile of the witness.Where the applicant has difficulty in submitting a written arbitration application, an oral application may be made and recorded by the labor dispute arbitration commission which informs the other party.Article 29 The labor dispute arbitration commission shall, within five days of r eceipt of the arbitration application, accept the application and inform the appli cant if it considers that the acceptance conditions are fulfilled; if the acceptanc e conditions are not fulfilled, it shall notify the applicant in writing and state t he reason. Where the labor dispute arbitration commission does not accept or fa ils to make a decision within the time limit, the applicant may initiate litigatio n to the people's court in respect of such labor dispute.Article 30 The labor dispute arbitration commission shall, after acceptance of t he arbitration application, serve a duplicate of the arbitration application on the respondent within five days.The respondent shall, upon receipt of the duplicate of arbitration application, su bmit a statement of defense to the labor dispute arbitration commission within 10 days. The labor dispute arbitration commission shall, within five days of re ceipt of the statement of defense, serve a copy of the defense on the applicant. Where the respondent does not submit a statement of defense, the arbitration proceedings shall not be affected.Section 3 Hearing and AwardArticle 31 The award of labor disputes cases by labor dispute arbitration com missions adopts the arbitral tribunal system. The arbitral tribunal shall comprise three arbitrators and has a chief arbitrator. Simple labor dispute cases may be arbitrated solely by an arbitrator.Article 32 The labor dispute arbitration commission shall, within five days of acceptance of arbitration application, inform the applicant of the composition of the arbitral tribunal in writing.Article 33 Where an arbitrator is under any of the following circumstances, he shall withdraw, and the parties also have the right to submit written or oral wi thdrawal application:1. he is a party to the case or a close relative of the parties or agents;2. he has an interest in the case;3. he has other relations with the parties to the case and their agents which m ay affect fair award;4. he has meetings with the parties or agents without authorization or send gifts to the parties or agents.The labor dispute arbitration commission shall timely make a decision on with drawal application and inform the parties orally or in writing.Article 34 Where an arbitrator is under the circumstances prescribed in Item 4 of Article 33 hereof or accepts bribe, practices graft or perverts the law, he shall assume legal liability in accordance with the law and the labor dispute arbitr ation commission shall dismiss him.Article 35 The arbitral tribunal shall inform both parties of the date and place of hearing in writing five days before the hearing. Where either party has a proper reason, an extension of hearing may be requested three days before the hearing. The labor dispute arbitration commission shall make a decision on ex tension or not.Article 36 Where the applicant has received a written notification but fails to be present without proper reason or withdraws from the hearing without the app roval of the arbitral tribunal, it may be deemed revocation of arbitration applic ation.Where the respondent has received a written notification but fails to be present without proper reason or withdraws from the hearing without the approval of t he arbitral tribunal, he may be absent from the award.Article 37 Where the arbitral tribunal considers that verification is required for specialized issues, the parties may agree on the verification organization, wher e there is no agreement or no agreement can be reached between the parties, v erification shall be done by the verification organization designated by the arbit ral tribunal.The verification organization may, at the request of the parties or the arbitral tri bunal, dispatch verification personnel to participate in the hearing. The parties may raise questions to the verification personnel with the permission of the arb itral tribunal.Article 38 The parties shall have the right to cross-examine evidence and debat e in arbitral proceedings. Upon the completion of cross-examination of evidenc e and debate, the chief arbitrator or the sole arbitrator shall solicit the final opi nion of the parties.Article 39 The arbitral tribunal shall, upon verification that the evidence provid ed by the parties are substantiated, confirm that it is the basis of the acknowle dged facts.Where the laborer fails to give evidence in relation to the arbitration request h andled and managed by the employing unit, the arbitral tribunal may request t he employing unit to provide such evidence within the prescribed time limit. Where the employing unit fails to provide such evidence within the prescribed time limit, it shall assume the unfavorable consequences.Article 40 The arbitral tribunal shall make a written record of the hearing. The parties and other participants of arbitration shall have the right to make corre ction if they consider that the records of their statements are omitted or in error. If no supplementation is made, such application shall be recorded.The written record shall be signed or sealed by the arbitrators, recording person nel, the parties and other participants of arbitration.Article 41 The parties may settle on their own after application for labor dispu te arbitration. Where the settlement agreement is reached, the arbitration applica tion may be withdrawn.Article 42 The arbitral tribunal shall mediate before making an award.Where an agreement is reached after mediation, a statement of mediation shall be prepared by the arbitral tribunal.The statement of mediation shall state the request for arbitration and the result agreed by the parties. The statement of mediation shall be signed by arbitrato rs and sealed by the labor dispute arbitration commission and serve on the par ties. The statement of mediation shall carry legal effect after acknowledgement.If mediation fails or either party gives back before the service of the statement of mediation, the arbitral tribunal shall make an award timely.Article 43 Where the arbitral tribunal makes an award to labor dispute cases, i t shall do so within 45 days of the acceptance of the arbitration application by the labor dispute arbitration commission. If an extension is required due to co mplexity of the case, an extension may be allowed with the approval of the of ficer of labor dispute arbitration commission and the parties shall be informed in writing, but the extension may not exceed 15 days. If no arbitral award ismade after the time limit, the parties may initiate litigation in relation to the l abor dispute to the people's court.Where the arbitral tribunal makes an award to a labor dispute case and partial facts are clear, an award may be made on such parts.Article 44 In respect of cases for the claim of labor remunerations, work injur y medical expenses, economic compensation or damages, the arbitral tribunal ma y, pursuant to the application of the parties, make an award on advance execut ion and transfer to the people's court for execution.Where the arbitral tribunal makes an award on advance execution, the followin g conditions shall be fulfilled:1. there is a clear relation of rights and obligations between the parties; and2. if there is no advance execution, the living of the applicant will be seriousl y affected.Where a laborer applies for advance execution, no security may be provided.Article 45 Awards shall be made in accordance with the opinions of arbitrators in majority, and other opinions of the arbitrators in minority shall be recorded. Where the arbitral tribunal cannot form a majority opinion, the award shall b e made in accordance with the opinion of the chief arbitrator.Article 46 The statement of award shall set out the arbitration request, the fact in dispute, the reason for award, the result of award and the date of award. The award shall be signed by arbitrators and sealed by the labor dispute arbitr ation commission. Arbitrators with different opinions towards the award may si gn or not sign.Article 47 In respect of the following labor disputes, the arbitral award shall b e the final award and the statement of award shall have legal effect from the date of making unless otherwise stated hereof:1. disputes in relation to the claim of labor remunerations, work-related injury medical expenses, economic compensation or damages which do not exceed the local monthly wage standard for an amount of 12 months;2. disputes arising from working hours, rest days and leave days and social ins urance in the implementation of state labor standards.Article 48 Where a laborer has objection to the arbitral award prescribed in Ar ticle 47 hereof, he may initiate litigation to the people's court within 15 days of the receipt of the statement of award.Article 49 Where an employing unit has evidence to prove that the arbitral aw ard prescribed in Article 47 hereof is under any of the following circumstances, it may apply for revocation of award to the intermediate people's court at the place where the labor dispute arbitration commission locates within 30 days o f the receipt of the statement of award.1. the applicable laws and regulations are in error;2. the labor dispute arbitration commission has no jurisdiction;3. the statutory proceedings are violated;4. the evidence on which the award is based is forged;5. the other party has concealed evidence that is sufficient to affect a fair awa rd;6. the arbitrator accepts bribe, practices graft, and perverts the law.If the people's court composed as collegiate bench has verified that any of the circumstances prescribed in the previous paragraph exists, it shall revoke the award.Where the arbitral award is revoked by the people's court, the parties may initi ate litigation to the people's court in relation to such labor dispute within 15 d ays of the receipt of the statement of award.Article 50 Where the parties have objection to the arbitral award of other labo r dispute cases other than those prescribed in Article 47 hereof, they may initi ate litigation to the people's court within 15 days of the receipt of the stateme nt of award. If no litigation is initiated, the statement of award shall have lega l effect.Article 51 The parties shall perform the statement of mediation and statement of award that carry legal effect within the time limit in accordance with provis ions. If either party fails to perform within the time limit, the other party may apply for execution to the people's court in accordance with the relevant prov isions of the Civil Procedure Law. The people's court that accepts the applicati on shall execute in accordance with the law.Chapter IV Supplementary ProvisionsArticle 52 Where the working personnel on the appointment system of instituti ons have a labor dispute with the unit, this Law shall be followed; if laws, ad ministrative regulations or the provisions of the State Council provide otherwise, such provisions shall be followed.Article 53 The arbitration of labor disputes are free of charge. The funding of labor dispute arbitration commissions are protected by the treasury.Article 54 The Law shall come into effect from May 1, 2008.。

Arbitration Act 1996(英国仲裁法)

Arbitration Act 1996An Act to restate and improve the law relating to arbitration pursuant to an arbitration agreement; to make other provision relating to arbitration and arbitration awards; and for connected purposes. [17th June 1996]BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-PART I ARBITRATION PURSUANT TO AN ARBITRATION AGREEMENTIntroductoryGeneral principles.1. The provisions of this Part are founded on the following principles, and shall be construed accordingly-(a) the object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal withoutunnecessary delay or expense;(b) the parties should be free to agree how their disputes are resolved, subject only to such safeguards as arenecessary in the public interest;(c) in matters governed by this Part the court should not intervene except as provided by this Part.Scope of application of provisions.2(1) The provisions of this Part apply where the seat of the arbitration is in England and Wales or Northern Ireland.2(2) The following sections apply even if the seat of the arbitration is outside England and Wales or Northern Ireland or no seat has been designated or determined-(a) sections 9 to 11 (stay of legal proceedings, &c.), and(b) section 66 (enforcement of arbitral awards).2(3) The powers conferred by the following sections apply even if the seat of the arbitration is outside England and Wales or Northern Ireland or no seat has been designated or determined-(a) section 43 (securing the attendance of witnesses), and(b) section 44 (court powers exercisable in support of arbitral proceedings);but the court may refuse to exercise any such power if, in the opinion of the court, the fact that the seat of the arbitration is outside England and Wales or Northern Ireland, or that when designated or determined the seat is likely to be outside England and Wales or Northern Ireland, makes it inappropriate to do so.2(4) The court may exercise a power conferred by any provision of this Part not mentioned in subsection (2) or (3) for the purpose of supporting the arbitral process where-(a) no seat of the arbitration has been designated or determined, and(b) by reason of a connection with England and Wales or Northern Ireland the court is satisfied that it isappropriate to do so.2(5) Section 7 (separability of arbitration agreement) and section 8 (death of a party) apply where the law applicable to the arbitration agreement is the law of England and Wales or Northern Ireland even if the seat of the arbitration is outside England and Wales or Northern Ireland or has not been designated or determined.The seat of the arbitration.3. In this Part "the seat of the arbitration" means the juridical seat of the arbitration designated-(a) by the parties to the arbitration agreement, or(b) by any arbitral or other institution or person vested by the parties with powers in that regard, or(c) by the arbitral tribunal if so authorised by the parties,or determined, in the absence of any such designation, having regard to the parties' agreement and all the relevant circumstances.Mandatory and non-mandatory provisions.4.(1) The mandatory provisions of this Part are listed in Schedule 1 and have effect notwithstanding any agreement tothe contrary.4(2) The other provisions of this Part (the "non-mandatory provisions") allow the parties to make their own arrangements by agreement but provide rules which apply in the absence of such agreement.4(3) The parties may make such arrangements by agreeing to the application of institutional rules or providing any other means by which a matter may be decided.4(4) It is immaterial whether or not the law applicable to the parties' agreement is the law of England and Wales or, as the case may be, Northern Ireland.4(5) The choice of a law other than the law of England and Wales or Northern Ireland as the applicable law in respect of a matter provided for by a non-mandatory provision of this Part is equivalent to an agreement making provision about that matter.For this purpose an applicable law determined in accordance with the parties' agreement, or which is objectivelyAgreements to be in writing.5(1) The provisions of this Part apply only where the arbitration agreement is in writing, and any other agreement between the parties as to any matter is effective for the purposes of this Part only if in writing.The expressions "agreement", "agree" and "agreed" shall be construed accordingly.5(2) There is an agreement in writing-(a) if the agreement is made in writing (whether or not it is signed by the parties),(b) if the agreement is made by exchange of communications in writing, or(c) if the agreement is evidenced in writing.5(3) Where parties agree otherwise than in writing by reference to terms which are in writing, they make an agreement in writing.5(4) An agreement is evidenced in writing if an agreement made otherwise than in writing is recorded by one of the parties, or by a third party, with the authority of the parties to the agreement.5(5) An exchange of written submissions in arbitral or legal proceedings in which the existence of an agreement otherwise than in writing is alleged by one party against another party and not denied by the other party in his response constitutes as between those parties an agreement in writing to the effect alleged.5(6) References in this Part to anything being written or in writing include its being recorded by any means.The arbitration agreementDefinition of arbitration agreement.6(1) In this Part an "arbitration agreement" means an agreement to submit to arbitration present or future disputes (whether they are contractual or not).6(2) The reference in an agreement to a written form of arbitration clause or to a document containing an arbitration clause constitutes an arbitration agreement if the reference is such as to make that clause part of the agreement. Separability of arbitration agreement.7. Unless otherwise agreed by the parties, an arbitration agreement which forms or was intended to form part ofanother agreement (whether or not in writing) shall not be regarded as invalid, non-existent or ineffective because that other agreement is invalid, or did not come into existence or has become ineffective, and it shall for that purpose be treated as a distinct agreement.Whether agreement discharged by death of a party.8(1) Unless otherwise agreed by the parties, an arbitration agreement is not discharged by the death of a party and may be enforced by or against the personal representatives of that party.8(2) Subsection (1) does not affect the operation of any enactment or rule of law by virtue of which a substantive right or obligation is extinguished by death.Stay of legal proceedingsStay of legal proceedings.9.(1) A party to an arbitration agreement against whom legal proceedings are brought (whether by way of claim orcounterclaim) in respect of a matter which under the agreement is to be referred to arbitration may (upon notice to the other parties to the proceedings) apply to the court in which the proceedings have been brought to stay the proceedings so far as they concern that matter.9(2) An application may be made notwithstanding that the matter is to be referred to arbitration only after the exhaustion of other dispute resolution procedures.9(3) An application may not be made by a person before taking the appropriate procedural step (if any) to acknowledge the legal proceedings against him or after he has taken any step in those proceedings to answer the substantive claim.9(4) On an application under this section the court shall grant a stay unless satisfied that the arbitration agreement is null and void, inoperative, or incapable of being performed.9(5) If the court refuses to stay the legal proceedings, any provision that an award is a condition precedent to the bringing of legal proceedings in respect of any matter is of no effect in relation to those proceedings.Reference of interpleader issue to arbitration.10.(1) Where in legal proceedings relief by way of interpleader is granted and any issue between the claimants is one inrespect of which there is an arbitration agreement between them, the court granting the relief shall direct that the issue be determined in accordance with the agreement unless the circumstances are such that proceedings brought by a claimant in respect of the matter would not be stayed.10(2) Where subsection (1) applies but the court does not direct that the issue be determined in accordance with the arbitration agreement, any provision that an award is a condition precedent to the bringing of legal proceedings in respect of any matter shall not affect the determination of that issue by the court.Retention of security where Admiralty proceedings stayed.11(1) Where Admiralty proceedings are stayed on the ground that the dispute in question should be submitted to arbitration, the court granting the stay may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest-(a) order that the property arrested be retained as security for the satisfaction of any award given in thearbitration in respect of that dispute, or(b) order that the stay of those proceedings be conditional on the provision of equivalent security for thesatisfaction of any such award.11(2) Subject to any provision made by rules of court and to any necessary modifications, the same law and practice shall apply in relation to property retained in pursuance of an order as would apply if it were held for the purposes of proceedings in the court making the order.Power of court to extend time for beginning arbitral proceedings.12.(1) Where an arbitration agreement to refer future disputes to arbitration provides that a claim shall be barred, or theclaimant's right extinguished, unless the claimant takes within a time fixed by the agreement some step-(a) to begin arbitral proceedings, or(b) to begin other dispute resolution procedures which must be exhausted before arbitral proceedings can bebegun,the court may by order extend the time for taking that step.12(2) Any party to the arbitration agreement may apply for such an order (upon notice to the other parties), but only after a claim has arisen and after exhausting any available arbitral process for obtaining an extension of time.12(3) The court shall make an order only if satisfied-(a) that the circumstances are such as were outside the reasonable contemplation of the parties when theyagreed the provision in question, and that it would be just to extend the time, or(b) that the conduct of one party makes it unjust to hold the other party to the strict terms of the provision inquestion.12(4) The court may extend the time for such period and on such terms as it thinks fit, and may do so whether or not the time previously fixed (by agreement or by a previous order) has expired.12(5) An order under this section does not affect the operation of the Limitation Acts (see section 13).12(6) The leave of the court is required for any appeal from a decision of the court under this section.Application of Limitation Acts.13(1) The Limitation Acts apply to arbitral proceedings as they apply to legal proceedings.13(2) The court may order that in computing the time prescribed by the Limitation Acts for the commencement of proceedings (including arbitral proceedings) in respect of a dispute which was the subject matter-(a) of an award which the court orders to be set aside or declares to be of no effect, or(b) of the affected part of an award which the court orders to be set aside in part, or declares to be in part of noeffect,the period between the commencement of the arbitration and the date of the order referred to in paragraph (a) or(b) shall be excluded.13(3) In determining for the purposes of the Limitation Acts when a cause of action accrued, any provision that an award is a condition precedent to the bringing of legal proceedings in respect of a matter to which an arbitration agreement applies shall be disregarded.13(4) In this Part "the Limitation Acts" means-(a) in England and Wales, the Limitation Act 1980, the Foreign Limitation Periods Act 1984 and any otherenactment (whenever passed) relating to the limitation of actions;(b) in Northern Ireland, the Limitation (Northern Ireland) Order 1989, the Foreign Limitation Periods(Northern Ireland) Order 1985 and any other enactment (whenever passed) relating to the limitation ofactions.Commencement of arbitral proceedings.14(1) The parties are free to agree when arbitral proceedings are to be regarded as commenced for the purposes of this Part and for the purposes of the Limitation Acts.14(2) If there is no such agreement the following provisions apply.14(3) Where the arbitrator is named or designated in the arbitration agreement, arbitral proceedings are commenced in respect of a matter when one party serves on the other party or parties a notice in writing requiring him or them to submit that matter to the person so named or designated.14(4) Where the arbitrator or arbitrators are to be appointed by the parties, arbitral proceedings are commenced in respect of a matter when one party serves on the other party or parties notice in writing requiring him or them to14(5) Where the arbitrator or arbitrators are to be appointed by a person other than a party to the proceedings, arbitral proceedings are commenced in respect of a matter when one party gives notice in writing to that person requesting him to make the appointment in respect of that matter.The arbitral tribunalThe arbitral tribunal.15.(1) The parties are free to agree on the number of arbitrators to form the tribunal and whether there is to be achairman or umpire.15(2) Unless otherwise agreed by the parties, an agreement that the number of arbitrators shall be two or any other even number shall be understood as requiring the appointment of an additional arbitrator as chairman of the tribunal.15(3) If there is no agreement as to the number of arbitrators, the tribunal shall consist of a sole arbitrator.Procedure for appointment of arbitrators.16(1) The parties are free to agree on the procedure for appointing the arbitrator or arbitrators, including the procedure for appointing any chairman or umpire.16(2) If or to the extent that there is no such agreement, the following provisions apply.16(3) If the tribunal is to consist of a sole arbitrator, the parties shall jointly appoint the arbitrator not later than 28 days after service of a request in writing by either party to do so.16(4) If the tribunal is to consist of two arbitrators, each party shall appoint one arbitrator not later than 14 days after service of a request in writing by either party to do so.16(5) If the tribunal is to consist of three arbitrators-(a) each party shall appoint one arbitrator not later than 14 days after service of a request in writing by eitherparty to do so, and(b) the two so appointed shall forthwith appoint a third arbitrator as the chairman of the tribunal.16(6) If the tribunal is to consist of two arbitrators and an umpire-(a) each party shall appoint one arbitrator not later than 14 days after service of a request in writing by eitherparty to do so, and(b) the two so appointed may appoint an umpire at any time after they themselves are appointed and shall do sobefore any substantive hearing or forthwith if they cannot agree on a matter relating to the arbitration.16(7) In any other case (in particular, if there are more than two parties) section 18 applies as in the case of a failure of the agreed appointment procedure.Power in case of default to appoint sole arbitrator.17.(1) Unless the parties otherwise agree, where each of two parties to an arbitration agreement is to appoint anarbitrator and one party ("the party in default") refuses to do so, or fails to do so within the time specified, the other party, having duly appointed his arbitrator, may give notice in writing to the party in default that he proposes to appoint his arbitrator to act as sole arbitrator.17(2) If the party in default does not within 7 clear days of that notice being given-(a) make the required appointment, and(b) notify the other party that he has done so,the other party may appoint his arbitrator as sole arbitrator whose award shall be binding on both parties as if he had been so appointed by agreement.17(3) Where a sole arbitrator has been appointed under subsection (2), the party in default may (upon notice to the appointing party) apply to the court which may set aside the appointment.17(4) The leave of the court is required for any appeal from a decision of the court under this section.Failure of appointment procedure.18.(1) The parties are free to agree what is to happen in the event of a failure of the procedure for the appointment of thearbitral tribunal.There is no failure if an appointment is duly made under section 17 (power in case of default to appoint sole arbitrator), unless that appointment is set aside.18(2) If or to the extent that there is no such agreement any party to the arbitration agreement may (upon notice to the other parties) apply to the court to exercise its powers under this section.18(3) Those powers are-(a) to give directions as to the making of any necessary appointments;(b) to direct that the tribunal shall be constituted by such appointments (or any one or more of them) as havebeen made;(c) to revoke any appointments already made;(d) to make any necessary appointments itself.18(4) An appointment made by the court under this section has effect as if made with the agreement of the parties.Court to have regard to agreed qualifications.19. In deciding whether to exercise, and in considering how to exercise, any of its powers under section 16(procedure for appointment of arbitrators) or section 18 (failure of appointment procedure), the court shall have due regard to any agreement of the parties as to the qualifications required of the arbitrators.Chairman.20(1) Where the parties have agreed that there is to be a chairman, they are free to agree what the functions of the chairman are to be in relation to the making of decisions, orders and awards.20(2) If or to the extent that there is no such agreement, the following provisions apply.20(3) Decisions, orders and awards shall be made by all or a majority of the arbitrators (including the chairman).20(4) The view of the chairman shall prevail in relation to a decision, order or award in respect of which there is neither unanimity nor a majority under subsection (3).Umpire.21.(1) Where the parties have agreed that there is to be an umpire, they are free to agree what the functions of the umpireare to be, and in particular-(a) whether he is to attend the proceedings, and(b) when he is to replace the other arbitrators as the tribunal with power to make decisions, orders and awards. 21(2) If or to the extent that there is no such agreement, the following provisions apply.21(3) The umpire shall attend the proceedings and be supplied with the same documents and other materials as are supplied to the other arbitrators.21(4) Decisions, orders and awards shall be made by the other arbitrators unless and until they cannot agree on a matter relating to the arbitration.In that event they shall forthwith give notice in writing to the parties and the umpire, whereupon the umpire shall replace them as the tribunal with power to make decisions, orders and awards as if he were sole arbitrator.21(5) If the arbitrators cannot agree but fail to give notice of that fact, or if any of them fails to join in the giving of notice, any party to the arbitral proceedings may (upon notice to the other parties and to the tribunal) apply to the court which may order that the umpire shall replace the other arbitrators as the tribunal with power to make decisions, orders and awards as if he were sole arbitrator.21(6) The leave of the court is required for any appeal from a decision of the court under this section.Decision making where no chairman or umpire.22(1) Where the parties agree that there shall be two or more arbitrators with no chairman or umpire, the parties are free to agree how the tribunal is to make decisions, orders and awards.22(2) If there is no such agreement, decisions, orders and awards shall be made by all or a majority of the arbitrators. Revocation of arbitrator's authority.23.(1) The parties are free to agree in what circumstances the authority of an arbitrator may be revoked.23(2) If or to the extent that there is no such agreement the following provisions apply.23(3) The authority of an arbitrator may not be revoked except-(a) by the parties acting jointly, or(b) by an arbitral or other institution or person vested by the parties with powers in that regard.23(4) Revocation of the authority of an arbitrator by the parties acting jointly must be agreed in writing unless the parties also agree (whether or not in writing) to terminate the arbitration agreement.23(5) Nothing in this section affects the power of the court-(a) to revoke an appointment under section 18 (powers exercisable in case of failure of appointmentprocedure), or(b) to remove an arbitrator on the grounds specified in section 24.Power of court to remove arbitrator.24.(1) A party to arbitral proceedings may (upon notice to the other parties, to the arbitrator concerned and to any otherarbitrator) apply to the court to remove an arbitrator on any of the following grounds-(a) that circumstances exist that give rise to justifiable doubts as to his impartiality;(b) that he does not possess the qualifications required by the arbitration agreement;(c) that he is physically or mentally incapable of conducting the proceedings or there are justifiable doubts asto his capacity to do so;(d) that he has refused or failed-(i) properly to conduct the proceedings, or(ii) to use all reasonable despatch in conducting the proceedings or making an award, and that substantial injustice has been or will be caused to the applicant.24(2) If there is an arbitral or other institution or person vested by the parties with power to remove an arbitrator, the court shall not exercise its power of removal unless satisfied that the applicant has first exhausted any available recourse to that institution or person.24(3) The arbitral tribunal may continue the arbitral proceedings and make an award while an application to the court under this section is pending.24(4) Where the court removes an arbitrator, it may make such order as it thinks fit with respect to his entitlement (if any) to fees or expenses, or the repayment of any fees or expenses already paid.24(5) The arbitrator concerned is entitled to appear and be heard by the court before it makes any order under this section.24(6) The leave of the court is required for any appeal from a decision of the court under this section.Resignation of arbitrator.25(1) The parties are free to agree with an arbitrator as to the consequences of his resignation as regards-(a) his entitlement (if any) to fees or expenses, and(b) any liability thereby incurred by him.25(2) If or to the extent that there is no such agreement the following provisions apply.25(3) An arbitrator who resigns his appointment may (upon notice to the parties) apply to the court-(a) to grant him relief from any liability thereby incurred by him, and(b) to make such order as it thinks fit with respect to his entitlement (if any) to fees or expenses or the repayment ofany fees or expenses already paid.25(4) If the court is satisfied that in all the circumstances it was reasonable for the arbitrator to resign, it may grant such relief as is mentioned in subsection (3)(a) on such terms as it thinks fit.25(5) The leave of the court is required for any appeal from a decision of the court under this section.Death of arbitrator or person appointing him.26(1) The authority of an arbitrator is personal and ceases on his death.26(2) Unless otherwise agreed by the parties, the death of the person by whom an arbitrator was appointed does not revoke the arbitrator's authority.Filling of vacancy, &c.27(1) Where an arbitrator ceases to hold office, the parties are free to agree-(a) whether and if so how the vacancy is to be filled,(b) whether and if so to what extent the previous proceedings should stand, and(c) what effect (if any) his ceasing to hold office has on any appointment made by him (alone or jointly).27(2) If or to the extent that there is no such agreement, the following provisions apply.27(3) The provisions of sections 16 (procedure for appointment of arbitrators) and 18 (failure of appointment procedure) apply in relation to the filling of the vacancy as in relation to an original appointment.27(4) The tribunal (when reconstituted) shall determine whether and if so to what extent the previous proceedings should stand.This does not affect any right of a party to challenge those proceedings on any ground which had arisen before the arbitrator ceased to hold office.27(5) His ceasing to hold office does not affect any appointment by him (alone or jointly) of another arbitrator, in particular any appointment of a chairman or umpire.Joint and several liability of parties to arbitrators for fees and expenses.28(1) The parties are jointly and severally liable to pay to the arbitrators such reasonable fees and expenses (if any) as are appropriate in the circumstances.28(2) Any party may apply to the court (upon notice to the other parties and to the arbitrators) which may order that the amount of the arbitrators' fees and expenses shall be considered and adjusted by such means and upon such terms as it may direct.28(3) If the application is made after any amount has been paid to the arbitrators by way of fees or expenses, the court may order the repayment of such amount (if any) as is shown to be excessive, but shall not do so unless it is shown that it is reasonable in the circumstances to order repayment.28(4) The above provisions have effect subject to any order of the court under section 24(4) or 25(3)(b) (order as to entitlement to fees or expenses in case of removal or resignation of arbitrator).28(5) Nothing in this section affects any liability of a party to any other party to pay all or any of the costs of the arbitration (see sections 59 to 65) or any contractual right of an arbitrator to payment of his fees and expenses.28(6) In this section references to arbitrators include an arbitrator who has ceased to act and an umpire who has not replaced the other arbitrators.Immunity of arbitrator.29(1) An arbitrator is not liable for anything done or omitted in the discharge or purported discharge of his functions as arbitrator unless the act or omission is shown to have been in bad faith.29(2) Subsection (1) applies to an employee or agent of an arbitrator as it applies to the arbitrator himself.29(3) This section does not affect any liability incurred by an arbitrator by reason of his resigning (but see section 25).Jurisdiction of the arbitral tribunalCompetence of tribunal to rule on its own jurisdiction.30(1) `Unless otherwise agreed by the parties, the arbitral tribunal may rule on its own substantive jurisdiction, that is, as to-(a) whether there is a valid arbitration agreement,(b) whether the tribunal is properly constituted, and(c) what matters have been submitted to arbitration in accordance with the arbitration agreement.30(2) Any such ruling may be challenged by any available arbitral process of appeal or review or in accordance with the provisions of this Part.Objection to substantive jurisdiction of tribunal.31(1) An objection that the arbitral tribunal lacks substantive jurisdiction at the outset of the proceedings must, be raised by a party not later than the time he takes the first step in the proceedings to contest the merits of any matter in relation to which he challenges the tribunal's jurisdiction.A party is not precluded from raising such an objection by the fact that he has appointed or participated in theappointment of an arbitrator.31(2) Any objection during the course of the arbitral proceedings that the arbitral tribunal is exceeding its substantive jurisdiction must be made as soon as possible after the matter alleged to be beyond its jurisdiction is raised.31(3) The arbitral tribunal may admit an objection later than the time specified in subsection (1) or (2) if it considers the delay justified.31(4) Where an objection is duly taken to the tribunal's substantive jurisdiction and the tribunal has power to rule on its own jurisdiction, it may-(a) rule on the matter in an award as to jurisdiction, or(b) deal with the objection in its award on the merits.If the parties agree which of these courses the tribunal should take, the tribunal shall proceed accordingly.31(5) The tribunal may in any case, and shall if the parties so agree, stay proceedings whilst an application is made to the court under section 32 (determination of preliminary point of jurisdiction).Determination of preliminary point of jurisdiction.32(1) The court may, on the application of a party to arbitral proceedings (upon notice to the other parties), determine any question as to the substantive jurisdiction of the tribunal.A party may lose the right to object (see section 73).31(2) An application under this section shall not be considered unless-(a) it is made with the agreement in writing of all the other parties to the proceedings, or(b) it is made with the permission of the tribunal and the court is satisfied-(i) that the determination of the question is likely to produce substantial savings in costs,(ii) that the application was made without delay, and(iii) that there is good reason why the matter should be decided by the court.31(3) An application under this section, unless made with the agreement of all the other parties to the proceedings, shall state the grounds on which it is said that the matter should be decided by the court.31(4) Unless otherwise agreed by the parties, the arbitral tribunal may continue the arbitral proceedings and make an award while an application to the court under this section is pending.31(5) Unless the court gives leave, no appeal lies from a decision of the court whether the conditions specified in subsection (2) are met.31(6) The decision of the court on the question of jurisdiction shall be treated as a judgment of the court for the purposes of an appeal.But no appeal lies without the leave of the court which shall not be given unless the court considers that the question involves a point of law which is one of general importance or is one which for some other special reason should be considered by the Court of Appeal.。

国际商事仲裁示范法英文版

国际商事仲裁示范法英文版International Commercial Arbitration Model LawThe International Commercial Arbitration Model Law, commonly referred to as the Model Law, is a set of guidelines created by the United Nations Commission on International Trade Law (UNCITRAL) in order to standardize procedures for international commercial arbitrations. The Model Law has been adopted by over 70 nations and provides a framework for arbitration agreements, procedures, and enforcement.The Model Law was first adopted in 1985 and revised in 2006. The purpose of these revisions was to account for advancements in technology and changes to business practices. The Model Law is designed to provide a pathway for resolving disputes in a private and efficient manner. It is designed to be flexible and adaptable to the needs of different businesses and industries.The Model Law has been successful in promoting international trade and resolving disputes quickly and efficiently. It provides a clear framework forthe enforcement of arbitration agreements, which allows businesses to avoid the complex and expensive litigation process. The Model Law also promotes confidentiality, which is important for businesses that wish to keep trade secrets and sensitive information private.One of the key features of the Model Law is that it allows parties to designate the arbitral process that they will use, giving them greater control over the resolution of disputes. Additionally, the Model Law contains provisionsthat allow parties to request interim measures from the arbitrators, such as preliminary injunctions or asset preservation orders. This can be importantfor businesses that need to protect their interests during the arbitration process.The Model Law also provides a clear framework for the enforcement of awards. Awards made under the Model Law are generally recognized and enforceable in most countries around the world. This promotes global commerce by allowingbusinesses to enforce their arbitration awards regardless of where the dispute arose.The Model Law has several advantages over traditional litigation. First, the arbitration process is generally faster and less expensive than litigation. Second, the arbitration process is private and confidential, which can be importantfor businesses that wish to keep their disputes out of public view. Finally, the Model Law provides a clear framework for enforcement of awards, which means that parties can be assured that their awards will be recognized and enforced.In conclusion, the International Commercial Arbitration Model Law provides a standardized framework for international commercial arbitration. It has been adopted by over 70 nations and promotes international trade by providing a private and efficient pathway for resolving disputes. The Model Law is designed to be flexible and adaptable to the needs of various businesses and industries, and provides a clear framework for the enforcement of awards. It is a valuable tool for promoting globalcommerce and resolving disputes quickly and efficiently.。

英文合同仲裁条款

英文合同仲裁条款以下是一个简单的英文合同仲裁条款的示例：Arbitration:1. Any dispute arising from or in connection with this contract shall be submitted to arbitration in Hong Kong, China, in English, and the arbitral award shall be final and binding on both parties.2. The arbitration shall be conducted by the Hong Kong International Arbitration Center ("HKIAC") in accordance with the then-applicable rules of HKIAC for the conduct of commercial arbitrations.3. The arbitral award shall be enforceable in any court of competent jurisdiction in Hong Kong, China, and any party may apply to such court for recognition and enforcement of the arbitral award.4. The parties hereby waive any right to appeal or seek review of the arbitral award.5. The parties hereby waive any right to seek injunctive relief or other relief from any court or other tribunal in connection with the arbitral proceeding or the arbitral award.6. The parties hereby agree that the arbitral award shall be confidential and shall not be disclosed to any person other than the parties and their respective counsel without the express written consent of all parties.7. The parties hereby agree that the costs of the arbitration shall be borne equally by each party, unless otherwise determined by the arbitral tribunal.8. The parties hereby agree that the arbitral tribunal shall have the power to award costs of the arbitration, including reasonable legal fees and expenses, to the prevailing party in the arbitration.。

1925年《联邦仲裁法》英文版

1925年《联邦仲裁法》英文版English: The Federal Arbitration Act of 1925 (FAA), also known as the Arbitration Act, is a federal law enacted in the United States which provides for the enforcement of arbitration agreements and governs the proceedings of arbitration. The FAA was enacted to promote arbitration as an efficient and cost-effective means of resolving disputes outside of traditional litigation in court. The Act applies to arbitration agreements in contracts involving interstate commerce or maritime transactions, and has been interpreted by courts to favor the enforceability of arbitration agreements. The FAA establishes a strong policy in favor of arbitration and requires courts to enforce valid arbitration agreements, unless there are grounds for revocation such as fraud or unconscionability. The Act also provides for the confirmation of arbitration awards and allows parties to seek judicial intervention in limited circumstances, such as when an arbitration award is being challenged on specific grounds. Overall, the Federal Arbitration Act of 1925 plays a crucial role in the promotion and regulation of arbitration in the United States, providing a framework for parties to resolve their disputes efficiently and effectively through alternative dispute resolution mechanisms.中文翻译: 1925年《联邦仲裁法》(FAA)，也称为美国仲裁法，是美国颁布的一项联邦法律，规定了仲裁协议的执行和仲裁程序。

中国仲裁法(英文版)

Arbitration Law of the People's R epublic ofChina(Adopted at the 8th Session of the Standing Committee of the 8th National People's Congressand Promulgated on August 31,1994)颁布日期:19940831 实施日期:19950901 颁布单位:全国人大常委会Chapter I General ProvisionsArticle 1 This Law is formulated in order to ensure that economic disputes shall be impartially and promptly arbitrated,to protect the legitimate rights and interests of the relevant parties and to guarantee the healthy development of the socialist market economy.Article 2 Disputes over contracts and disputes over property rights and interests between citizens,legal persons and other organizations as equal subjects of law may be submitted to arbitration.Article 3 The following disputes shall not be submitted to arbitration:1. disputes over marriage,adoption,guardianship,child maintenance and inheritance; and2. administrative disputes falling within the jurisdiction of the relevant administrative organs according to law.Article 4 The parties adopting arbitration for dispute settlement shall reach an arbitration agreement on a mutually voluntary basis. Anarbitration commission shall not accept an application for arbitration submitted by one of the parties in the absence of an arbitration agreement.Article 5 A people's court shall not accept an action initiated by one of the parties if the parties have concluded an arbitration agreement,unless the arbitration agreement is invalid.Article 6 An arbitration commission shall be selected by theparties by agreement.The jurisdiction by level system and the district jurisdiction system shall not apply in arbitration.Article 7 Disputes shall be fairly and reasonably settled by arbitration on the basis of facts and in accordance with the relevant provisions of law.Article 8 Arbitration shall be conducted in accordance with the law,independent of any intervention by administrative organs,social organizations or individuals.1Article 9 The single ruling system shall be applied in arbitration. The arbitration commission shall not accept any application for arbitration,nor shall a people's court accept any action submitted by the party in respect of the same dispute after an arbitration award has already been given in relation to that matter.If the arbitration award is canceled or its enforcement has been disallowed by a people's court in accordance with the law,the parties may,in accordance with a new arbitration agreement between them in respect of the dispute,re-apply for arbitration or initiate legal proceedings with the people's court.Chapter II Arbitration Commissions and Arbitration AssociationArticle 10 Arbitration commissions may be established in the municipalities directly under the Central Government,in themunicipalities where the people's governments of provinces and autonomous regions are located or,if necessary,in other cities divided into districts. Arbitration commissions shall not be established at each level of the administrative divisions.The people's governments of the municipalities and cities specified in the above paragraph shall organize the relevant departments and the Chamber of Commerce for the formation of an arbitration commission.The establishment of an arbitration commission shall be registered with the judicial administrative department of the relevantprovince,autonomous region or municipalities directly under the Central Government.Article 11 An arbitration commission shall fulfil the following conditions:1. it must have its own name,domicile and Artic les of Association;2. it must possess the necessary property;3. it must have its own members;and4. it must have arbitrators for appointment.The articles of association of the an arbitration commission shall be formulated in accordance with this Law.Article 12 An arbitration commission shall comprise a chairman,two to four vice-chairmen and seven to eleven members.The chairman,vice-chairmen and members of an arbitration commission must be persons specialized in law,economic and trade and persons who have actual working experience. The number of specialists inlaw,economic and trade shall not be less than two-thirds of the members of an arbitration association.Article 13 The arbitration commission shall appoint fair and honest person as its arbitrators.Arbitrators must fulfil one of the following conditions:1. they have been engaged in arbitration work for at least eight years;2. they have worked as a lawyer for at least eight years;3. they have been a judge for at least eight years;4. they are engaged in legal research or legal teaching and in senior positions;and5. they have legal knowledge and are engaged in professional work relating to economics and trade,and in senior positions or of the equivalent professional level.The arbitration commission shall establish a list of arbitrators according to different professionals.Article 14 Arbitration commissions are independent ofadministrative organs and there are no subordinate relations with any administrative organs nor between the different arbitration commissions.Article 15 The China Arbitration Association is a socialorganization with the status of a legal person. Arbitration commissions are members of the China Arbitration Association. The Articles of Association of the China Arbitration Association shall be formulated by the national general meeting of the members.The China Arbitration Association is an organization in charge of self-regulation of the arbitration commissions. It shall conduct supervision over the conduct (any breach of discipline) of thearbitration commissions and their members and arbitrators in accordance with its articles of association.The China Arbitration Association shall formulate Arbitration Rules in accordanc e with this Law and the Civil Procedure Law.Chapter III Arbitration AgreementArticle 16 An arbitration agreement shall include the arbitration clauses provided in the contract and any other written form of agreementconcluded before or after the disputes providing for submission to arbitration.The following contents shall be included in an arbitration agreement:1. the expression of the parties' wish to submit to arbitration;2. the matters to be arbitrated;and3. the Arbitration Commission selected by the parties.Article 17 An arbitration agreement shall be invalid under any of the following circumstances:1. matters agreed upon for arbitration are beyond the scope of arbitration prescribed by law;2. an arbitration agreement concluded by persons without or with limited capacity for civil acts;and3. one party forces the other party to sign an arbitration agreement by means of duress.Article 18 If the arbitration matters or the arbitration commission are not agreed upon by the parties in the arbitration agreement,or,if the relevant provisions are not clear,the parties may supplement the agreement. If the parties fail to agree upon the supplementary agreement,the arbitration agreement shall be invalid.Article 19 An arbitration agreement shall exist independently. Any changes to,rescission, termination or invalidity of the contract shall not affect the validity of the arbitration agreement.An arbitration tribunal has the right to rule on the validity of a contract.Article 20 If the parties object to the validity of the arbitration agreement,they may apply to the arbitration commission for a decision or to a people's court for a ruling. If one of the parties submits to the arbitration commission for a decision,but the other party applies to a people's court for a ruling,the people's court shall give the ruling.If the parties contest the validity of the arbitrationagreement,the objection shall be made before the start of the first hearing of the arbitration tribunal.Chapter IV Arbitration ProcedureSection 1:Application and Acceptance for ArbitrationArticle 21 The parties applying for arbitration shall fulfil the following conditions:1. they must have an arbitration agreement;2. they must have a specific claim with facts and argument on which the claim is based;and3. the arbitration must be within the jurisdiction of thearbitration commission.Article 22 The party applying for arbitration shall submit to an arbitration commission the arbitration agreement,an application for arbitration and copies thereof.Article 23 An arbitration application shall state clearly the following:1. the name,sex,age,occupation,work unit and address of theparty,the name address and legal representative of the legal person or other organization and the name and position of its person-in charge;2. the arbitration claim and the facts and argument on which the claim is based;and3. evidence and the source of evidence,the name and address of the witness (es)。

英国仲裁法aa1996

英国仲裁法aa1996【最新版】目录1.英国仲裁法的概述2.英国仲裁法的历史发展3.英国仲裁法的主要特点4.英国仲裁法的影响和应用正文1.英国仲裁法的概述英国仲裁法是指在英国境内进行的仲裁活动所遵循的法律规定。

仲裁作为一种解决争议的方式，具有高效、灵活和经济的特点，因此在国际贸易和投资领域被广泛应用。

英国作为仲裁制度的发源地之一，拥有较为完善的仲裁法律体系，为仲裁活动提供了有力的法律保障。

2.英国仲裁法的历史发展英国仲裁法的历史可以追溯到 19 世纪，当时的英国正处于工业革命的高峰期，国际贸易和投资活动日益频繁，争议解决需求随之增加。

在此背景下，英国开始发展仲裁制度，为当事人提供一种灵活、高效的争议解决方式。

1996 年，英国颁布了《仲裁法》（Arbitration Act 1996），对仲裁制度进行了全面改革，使英国仲裁法更加现代化和国际化。

这一立法对英国仲裁制度的发展产生了深远影响，也使英国成为国际仲裁的重要中心之一。

3.英国仲裁法的主要特点英国仲裁法具有以下主要特点：（1）充分尊重当事人意思自治。

英国仲裁法充分体现了当事人意思自治的原则，即当事人可以自由约定仲裁程序的各项细节，如仲裁庭的组成、开庭地点、适用的法律等。

（2）仲裁裁决的国际承认与执行。

根据《纽约公约》，英国仲裁裁决可以在世界上绝大多数国家得到承认和执行。

这为英国仲裁制度的国际化提供了有力支持。

（3）仲裁程序的保密性。

英国仲裁法规定，仲裁程序和裁决的内容一般情况下都是保密的，这有利于保护当事人的商业秘密和声誉。

4.英国仲裁法的影响和应用英国仲裁法以其独特的优势在国际仲裁领域产生了广泛的影响，吸引了大量国际争议通过英国仲裁法进行解决。

英国仲裁法不仅在英国本土产生了深远影响，还对世界各地的仲裁制度产生了积极的示范效应。

总之，英国仲裁法凭借其悠久的历史、完善的制度和国际化的特点，在国际仲裁领域具有重要地位。

英国仲裁法aa1996

英国仲裁法aa1996【实用版】目录1.英国仲裁法简介2.英国仲裁法 aa1996 的主要内容3.英国仲裁法 aa1996 的历史背景和意义4.英国仲裁法 aa1996 在国际仲裁中的应用5.英国仲裁法 aa1996 的优缺点分析正文1.英国仲裁法简介英国仲裁法是指在英国境内进行仲裁的相关法律法规。

仲裁作为一种解决国际商业纠纷的重要手段，具有高效、灵活、保密等特点，深受各方当事人的欢迎。

英国作为国际仲裁的重要发源地，其仲裁法具有悠久的历史和丰富的实践经验。

2.英国仲裁法 aa1996 的主要内容英国仲裁法 aa1996（Arbitration Act 1996）是英国仲裁制度的核心法律，主要内容包括：仲裁协议、仲裁庭的组成、仲裁程序、仲裁裁决的承认与执行等。

aa1996 对仲裁程序进行了详细的规定，旨在确保仲裁的公正性和效率。

3.英国仲裁法 aa1996 的历史背景和意义英国仲裁法 aa1996 是对 1975 年《仲裁法》的全面修订，反映了英国在国际仲裁领域的先进理念和实践经验。

aa1996 的颁布实施，使英国仲裁制度更加完善，为英国在国际仲裁市场中的地位提供了有力的法律支持。

4.英国仲裁法 aa1996 在国际仲裁中的应用英国仲裁法 aa1996 在国际仲裁中发挥着重要作用。

一方面，该法为当事人提供了明确的仲裁程序指引，有助于维护仲裁的公正性和效率；另一方面，aa1996 为英国仲裁机构提供了有力的法律保障，使其在国际仲裁市场中具有较高的信誉。

5.英国仲裁法 aa1996 的优缺点分析英国仲裁法 aa1996 具有以下优点：（1）充分尊重当事人的意思自治，给予当事人较大的自由度；（2）仲裁程序公正、透明，有利于保障当事人的合法权益；（3）具有较高的国际声誉，为英国仲裁机构在国际市场上赢得了竞争优势。

当然，aa1996 也存在一定的缺点，如部分规定过于复杂，可能导致仲裁程序的拖延等。

劳动争议调解仲裁法-中英文

General Principles of the Civil Law of the People's Republic of China中华人民共和国民法通则Promulgating Institution: National People's CongressDocument Number: Order No. 37 of the President of the People's Republic of ChinaPromulgating Date: 04/12/1986Effective Date: 01/01/1987Validity Status: R evised颁布机关: 全国人民代表大会文号: 中华人民共和国主席令第三十七号颁布时间: 04/12/1986实施时间: 01/01/1987效力状态: 已修订Text正文Order No. 37 of the President of the People's Republic of China(Adopted at the Fourth Session of the Sixth National People's Congress, and promulgated by Order No. 37 of the President of the People's Republic of China on April 12, 1986, and effective as of January 1, 1987)Li Xiannian, President of the People's Republic of China12 April 1986中华人民共和国主席令第三十七号《中华人民共和国民法通则》已由中华人民共和国第六届全国人民代表大会第四次会议于1986年4月12日通过，现予公布，自1987年1月1日起施行。

法律英语Arbitration 仲裁

法律英语-Arbitration 仲裁Arbitration 仲裁1.An arbitration board was formed to hear and decide the dispute according to the rules of arbitration.成立了一个仲裁委员会以按照仲裁规那么审理和裁决该争端。

2.Any dispute or difference arising out of or in connection with this contract shall be determined by arbitration凡因本合同而产生的或与本合同相关的争议或分歧均应通过仲裁予以处理。

3.Any issue of public policy is outside the scope of arbitration.任何公共政策咨询题都不在仲裁范围之内。

4.Arbitration can sometimes be cheaper and quicker than litigation.仲裁有时会比诉讼要省钱和省时。

5.An Arbitrator is a neutral person who resolves disputes between parties.仲裁员是处理双方当事人争议的持中立态度的人。

6.The arbitrator issued a final decision regarding the meaning of the contractual terms.仲裁员签发了有关合同条款含义的最后裁决。

7.The arbitratorlsquo;s award was set aside appeal.上诉时仲裁决变为无效。

8.The clause provides that the parties will submit any dispute to arbitration rather than litigation.条款规定双方当事人之间的任何争端应提交仲裁而非进展诉讼y agreed to arbitrate their dispute.他们同意经仲裁处理争端。

中华人民共和国仲裁法(1994) 中英文双语逐条对照版

中华人民共和国仲裁法（1994）Arbitration Law of the People's Republic of China（１９９４年８月３１日第八届全国人民代表大会常务委员会第九次会议通过）(Adopted at the Ninth Meeting of the Standing Committee of the Eighth National People's Congress on August 31, 1994)第一章总则Chapter I General Provisions第一条为保证公正、及时地仲裁经济纠纷，保护当事人的合法权益，保障社会主义市场经济健康发展，制定本法。

Article 1 This Law is formulated in order to ensure the impartial and prompt arbitration of economic disputes, to protect the legitimate rights and interests of the parties and to safeguard the sound development of the socialist market economy.第二条平等主体的公民、法人和其他组织之间发生的合同纠纷和其他财产权益纠纷，可以仲裁。

Article 2 Contractual disputes and other disputes over rights and interests in property between citizens, legal persons and other organizations that are equal subjects may be arbitrated.第三条下列纠纷不能仲裁：Article 3 The following disputes may not be arbitrated:（一）婚姻、收养、监护、扶养、继承纠纷；(1) marital, adoption, guardianship, support and succession disputes;（二）依法应当由行政机关处理的行政争议。

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homeArbitration Law of the People's Republic of China(Adopted at the Ninth Meeting of the Standing Committee of the Eighth National People's Congress on August 31, 1994 and promulgated by Order No.31 of the President of the People's Republic of China on August 31, 1994)ContentsChapter I General ProvisionsChapter II Arbitration Commissions and the Arbitration AssociationChapter III Arbitration AgreementChapter IV Arbitration ProceedingsSection 1 Application and AcceptanceSection 2 Formation of Arbitration TribunalSection 3 Hearing and AwardChapter V Application for Setting Aside Arbitration AwardChapter VI EnforcementChapter VII Special Provisions for Arbitration Involving Foreign ElementsChapter VIII Supplementary ProvisionsChapter I General ProvisionsArticle 1 This Law is formulated in order to ensure the impartial and prompt arbitration of economic disputes, to protect the legitimate rights and interests of the parties and to safeguard the sound development of the socialist market economy.Article 2 Contractual disputes and other disputes over rights and interests in property between citizens, legal persons and other organizations that are equal subjects may be arbitrated.Article 3 The following disputes may not be arbitrated:(1) marital, adoption, guardianship, support and succession disputes;(2) administrative disputes that shall be handled by administrative organs as prescribed by law.Article 4 The parties' submission to arbitration to resolve their dispute shall be on the basis of both parties' free will and an arbitration agreement reached between them. If aparty applies for arbitration in the absence of an arbitration agreement, the arbitration commission shall not accept the case.Article 5 If the parties have concluded an arbitration agreement and one party institutes an action in a people's court, the people's court shall not accept the case, unless the arbitration agreement is null and void.Article 6 The arbitration commission shall be selected by the parties through agreement. In arbitration, there shall be no jurisdiction by level and no territorial jurisdiction.Article 7 In arbitration, disputes shall be resolved on the basis of facts, in compliance with the law and in an equitable and reasonable manner.Article 8 Arbitration shall be carried out independently according to law and shall be free from interference of administrative organs, social organizations or individuals.Article 9 A system of a single and final award shall be practised for arbitration. If a party applies for arbitration to an arbitration commission or institutes an action in a people's court regarding the same dispute after an arbitration award has been made, the arbitration commission or the people's court shall not accept the case.If an arbitration award is set aside or its enforcement is disallowed by the people's court in accordance with the law, a party may apply for arbitration on the basis of a new arbitration agreement reached between the parties, or institute an action in the people's court, regarding the same dispute.Chapter II Arbitration Commissions and the Arbitration AssociationArticle 10 Arbitration commissions may be established in municipalities directly under the Central Government and in cities that are the seats of the people's governments of provinces or autonomous regions. They may also be established in other cities divided into districts, according to need. Arbitration commissions shall not be established at each level of the administrative divisions.People's governments of the cities referred to in the preceding paragraph shall arrange for the relevant departments and chambers of commerce to organize arbitration commissions in a unified manner.The establishment of an arbitration commission shall be registered with the administrative department of justice of the relevant province, autonomous region or municipality directly under the Central Government.Article 11 An arbitration commission shall meet the conditions set forth below:(1) To have its own name, domicile and charter;(2) To have the necessary property;(3) To have the personnel that are to form the commission; and(4) To have appointed arbitrators.The charter of an arbitration commission shall be formulated in accordance with this Law.Article 12 An arbitration commission shall be composed of one chairman, two to four vice chairmen and seven to eleven members.The offices of chairman, vice chairman and members of an arbitration commission shall be held by experts in the field of law, economy and trade and persons with practical working experience. Experts in the field of law, economy and trade shall account for at least two thirds of the people forming an arbitration commission.Article 13 An arbitration commission shall appoint its arbitrators from among righteous and upright persons.An arbitrator shall meet one of the conditions set forth below:(1) To have been engaged in arbitration work for at least eight years;(2) To have worked as a lawyer for at least eight years;(3) To have served as a judge for at least eight years;(4) To have been engaged in legal research or legal education, possessing a senior professional title; or(5) To have acquired the knowledge of law, engaged in the professional work in the field of economy and trade, etc., possessing a senior professional title or having an equivalent professional level.An arbitration commission shall have a register of arbitrators in different specializations.Article 14 Arbitration commissions shall be independent from administrative organs and there shall be no subordinate relationships between arbitration commissions and administrative organs. There shall also be no subordinate relationships between arbitration commissions.Article 15 China Arbitration Association is a social organization with the status of a legal person. Arbitration commissions are members of China Arbitration Association. The charter of China Arbitration Association shall be formulated by its national congress of members.China Arbitration Association is a self-disciplined organization of arbitration commissions. It shall, in accordance with its charter, supervise arbitration commissions and their members and arbitrators as to whether or not they breach discipline.China Arbitration Association shall formulate rules of arbitration in accordance with this Law and the relevant provisions of the Civil Procedure Law.Chapter III Arbitration AgreementArticle 16 An arbitration agreement shall include arbitration clauses stipulated in the contract and agreements of submission to arbitration that are concluded in other written forms before or after disputes arise.An arbitration agreement shall contain the following particulars:(1) an expression of intention to apply for arbitration;(2) matters for arbitration; and(3) a designated arbitration commission.Article 17 An arbitration agreement shall be null and void under one of the following circumstances:(1) The agreed matters for arbitration exceed the range of arbitrable matters as specified by law; (2) One party that concluded the arbitration agreement has no capacity for civil conducts or has limited capacity for civil conducts; or(3) One party coerced the other party into concluding the arbitration agreement.Article 18 If an arbitration agreement contains no or unclear provisions concerning the matters for arbitration or the arbitration commission, the parties may reach a supplementary agreement. If no such supplementary agreement can be reached, the arbitration agreement shall be null and void.Article 19 An arbitration agreement shall exist independently. The amendment, rescission, termination or invalidity of a contract shall not affect the validity of the arbitration agreement.The arbitration tribunal shall have the power to affirm the validity of a contract.Article 20 If a party challenges the validity of the arbitration agreement, he may request the arbitration commission to make a decision or apply to the people's court for a ruling. If one party requests the arbitration commission to make a decision and the other party applies to the people's court for a ruling, the people's court shall give a ruling.A party's challenge of the validity of the arbitration agreement shall be raised prior to the arbitration tribunal's first hearing.Chapter IV Arbitration ProceedingsSection 1 Application and AcceptanceArticle 21 A party's application for arbitration shall meet the following requirements:(1) There is an arbitration agreement;(2) There is a specific arbitration claim and there are facts and reasons therefore; and(3) The application is within the scope of the arbitration commission's acceptability.Article 22 To apply for arbitration, a party shall submit to the arbitration commission the written arbitration agreement and a written application for arbitration together with copies thereof.Article 23 A written application for arbitration shall specify the following particulars:(1) the name, sex, age, occupation, work unit and domicile of each party, or the name and domicile of legal persons or other organizations and the names and positions of their legal representatives or chief responsible persons;(2) the arbitration claim and the facts and reasons on which it is based; and(3) the evidence, the source of the evidence and the names and domiciles of witnesses.Article 24 When an arbitration commission receives a written application for arbitration and considers that the application complies with the conditions for acceptance, it shall accept the application and notify the party within five days from the date of receipt. If the arbitration commission considers that the application does not comply with the conditions for acceptance, it shall inform the party in writing of its rejection of the application and explain the reasons for rejection within five days from the date of receipt.Article 25 After an arbitration commission accepts an application for arbitration, it shall, within the time limit specified in the rules of arbitration, deliver a copy of the rules of arbitration and the register of arbitrators to the claimant, and serve one copy of the application for arbitration together with the rules of arbitration and the register of arbitrators on the respondent.After receiving the copy of the application for arbitration, the respondent shall submit a written defense to the arbitration commission within the time limit specified in the rules of arbitration. After receiving the written defense, the arbitration commission shall serve a copy thereof on the claimant within the time limit specified in the rules of arbitration. Failure on the part of the respondent to submit a written defense shall not affect the progress of the arbitration proceedings.Article 26 If the parties have concluded an arbitration agreement and one party has instituted an action in a people's court without declaring the existence of the arbitration agreement and, after the people's court has accepted the case, the other party submits the arbitration agreement prior to the first hearing, the people's court shall dismiss the case unless the arbitration agreement is null and void. If, prior to the first hearing, the other party has not raised an objection to the people's court's acceptance of the case, he shall be deemed to have renounced the arbitration agreement and the people's court shall continue to try the case.Article 27 The claimant may renounce or amend its arbitration claim. The respondent may accept or refuse an arbitration claim and shall have the right to make a counter-claim.Article 28 A party may apply for property preservation if it may become impossible or difficult for the party to implement the award due to an act of the other party or other causes.If a party applies for property preservation, the arbitration commission shall submit the party's application to the people's court in accordance with the relevant provisions of the Civil Procedure Law.If an application for property preservation has been wrongfully made, the applicant shall compensate the person against whom the application has been made for any loss incurred from property preservation.Article 29 A party or statutory agent may appoint a lawyer or other agent to carry out arbitration activities. To appoint a lawyer or other agent to carry out arbitration activities, a power of attorney shall be submitted to the arbitration commission.Section 2 Formation of Arbitration TribunalArticle 30 An arbitration tribunal may be composed of either three arbitrators or one arbitrator. An arbitration tribunal composed of three arbitrators shall have a presiding arbitrator.Article 31 If the parties agree that the arbitration tribunal shall be composed of three arbitrators, they shall each appoint or entrust the chairman of the arbitration commission to appoint one arbitrator. The parties shall jointly select or jointly entrust the chairman of the arbitration commission to appoint the third arbitrator who shall be the presiding arbitrator.If the parties agree that the arbitration tribunal shall be composed of one arbitrator, they shall jointly appoint or jointly entrust the chairman of the arbitration commission to appoint the arbitrator.Article 32 If the parties fail to agree on the method of formation of the arbitration tribunal or to select the arbitrators within the time limit specified in the rules of arbitration, the arbitrators shall be appointed by the chairman of the arbitration commission.Article 33 After the arbitration tribunal has been formed, the arbitration commission shall notify the parties in writing of the tribunal's formation.Article 34 In one of the following circumstances, the arbitrator must withdraw, and the parties shall also have the right to challenge the arbitrator for a withdrawal:(1) The arbitrator is a party in the case or a close relative of a party or of an agent in the case;(2) The arbitrator has a personal interest in the case;(3) The arbitrator has other relationship with a party or his agent in the case which may affect the impartiality of arbitration; or(4) The arbitrator has privately met with a party or agent or accepted an invitation to entertainment or gift from a party or agent.Article 35 If a party challenges an arbitrator, he shall submit his challenge, with a statement of the reasons therefore, prior to the first hearing. If the matter giving rise to the challenge became known after the first hearing, the challenge may be made before the conclusion of the final hearing of the case.Article 36 The decision as to whether or not the arbitrator should withdraw shall be made by the chairman of the arbitration commission. If the chairman of the arbitration commission serves as an arbitrator, the decision shall be made collectively by the arbitration commission.Article 37 If an arbitrator cannot perform his duties due to his withdrawal or for other reasons, a substitute arbitrator shall be selected or appointed in accordance with this Law.After a substitute arbitrator has been selected or appointed on account of an arbitrator's withdrawal, a party may request that the arbitration proceedings already carried out should be carried out anew. The decision as to whether to approve it or not shall be made by the arbitration tribunal. The arbitration tribunal may also make a decision of its own motion as to whether or not the arbitration proceedings already carried out should be carried out anew.Article 38 If an arbitrator is involved in the circumstances described in item (4) of Article 34 of this Law and the circumstances are serious or involved in the circumstances described in item (6) of Article 58 of this Law, he shall assume legal liability according to law and the arbitration commission shall remove his name from the register of arbitrators.Section 3 Hearing and AwardArticle 39 Arbitration shall be conducted by means of oral hearings. If the parties agree to arbitration without oral hearings, the arbitration tribunal may render an arbitration award on the basis of the written application for arbitration, the written defense and other material.Article 40 Arbitration shall be conducted in camera. If the parties agree to public arbitration, the arbitration may be public unless State secrets are involved.Article 41 The arbitration commission shall notify the parties of the date of the hearing within the time limit specified in the rules of arbitration. A party may, within the time limit specified in the rules of arbitration, request a postponement of the hearing if he has justified reasons therefore. The arbitration tribunal shall decide whether or not to postpone the hearing.Article 42 If the claimant fails to appear before the arbitration tribunal without justified reasons after having been notified in writing or leaves the hearing prior to its conclusion without the permission of the arbitration tribunal, he may be deemed to have withdrawn his application for arbitration.If the respondent fails to appear before the arbitration tribunal without justified reasons after having been notified in writing or leaves the hearing prior to its conclusion without the permission of the arbitration tribunal, a default award may be made.Article 43 Parties shall provide evidences in support of their own arguments.The arbitration tribunal may, as it considers necessary, collect evidences on its own.Article 44 If the arbitration tribunal considers that a special issue requires appraisal, it may refer the issue for appraisal to an appraisal department agreed on by the parties or to an appraisal department designated by the arbitration tribunal.If requested by a party or required by the arbitration tribunal, the appraisal department shall send its appraiser to attend the hearing. Subject to the permission of the arbitration tribunal, the parties may question the appraiser.Article 45 The evidence shall be presented during the hearings and may be examined by the parties.Article 46 Under circumstances where the evidence may be destroyed or lost or difficult to obtain at a later time, a party may apply for preservation of the evidence. If a party applies for preservation of the evidence, the arbitration commission shall submit his application to the basic people's court in the place where the evidence is located.Article 47 The parties shall have the right to carry on debate in the course of arbitration. At the end of the debate, the presiding arbitrator or the sole arbitrator shall solicit final opinions from the parties.Article 48 The arbitration tribunal shall make records of the hearings in writing. The parties and other participants in the arbitration shall have the right to apply for supplementation or correction of the record of their own statements if they consider that such record contains omissions or errors. If no supplementation or corrections are to be made, their application therefore shall be recorded.The record shall be signed or sealed by the arbitrators, the recordist, the parties and other participants in the arbitration.Article 49 After an application for arbitration has been made, the parties may settle their dispute on their own. If the parties have reached a settlement agreement, they may request the arbitration tribunal to make an arbitration award in accordance with the settlement agreement; alternatively, they may withdraw their application for arbitration.Article 50 If a party repudiates the settlement agreement after the application for arbitration has been withdrawn, he may apply for arbitration again in accordance with thearbitration agreement.Article 51 The arbitration tribunal may carry out conciliation prior to giving an arbitration award. The arbitration tribunal shall conduct conciliation if both parties voluntarily seek conciliation. If conciliation is unsuccessful, an arbitration award shall be made promptly.If conciliation leads to a settlement agreement, the arbitration tribunal shall make a written conciliation statement or make an arbitration award in accordance with the result of the settlement agreement. A written conciliation statement and an arbitration award shall have equal legal effect.Article 52 A written conciliation statement shall specify the arbitration claim and the results of the settlement agreed upon between the parties. The written conciliation statement shall be signed by the arbitrators, sealed by the arbitration commission, and then served on both parties.The written conciliation statement shall become legally effective immediately after both parties have signed for receipt thereof.If the written conciliation statement is repudiated by a party before he signs for receipt thereof, the arbitration tribunal shall promptly make an arbitration award.Article 53 The arbitration award shall be made in accordance with the opinion of the majority of the arbitrators. The opinion of the minority of the arbitrators may be entered in the record. If the arbitration tribunal is unable to form a majority opinion, the arbitration award shall be made in accordance with the opinion of the presiding arbitrator.Article 54 An arbitration award shall specify the arbitration claim, the facts of the dispute, the reasons for the decision, the results of the award, the allocation of arbitration fees and the date of the award. If the parties agree that they do not wish the facts of the dispute and the reasons for the decision to be specified in the arbitration award, the same may be omitted. The arbitration award shall be signed by the arbitrators and sealed by the arbitration commission. An arbitrator with dissenting opinions as to the arbitration award may sign the award or choose not to sign it.Article 55 In arbitration proceedings, if a part of the facts involved has already become clear, the arbitration tribunal may first make an award in respect of such part of the facts.Article 56 If there are literal or calculation errors in the arbitration award, or if the matters which have been decided by the arbitration tribunal are omitted in the arbitration award, the arbitration tribunal shall make due corrections or supplementation. The parties may, within 30 days from the date of receipt of the award, request the arbitration tribunal to make such corrections or supplementation.Article 57 The arbitration award shall be legally effective as of the date on which it is made.Chapter V Application for Setting Aside Arbitration AwardArticle 58 A party may apply for setting aside an arbitration award to the intermediate people's court in the place where the arbitration commission is located if he can produce evidence which proves that the arbitration award involves one of the following circumstances:(1) There is no arbitration agreement;(2) The matters decided in the award exceed the scope of the arbitration agreement or are beyond the arbitral authority of the arbitration commission;(3) The formation of the arbitration tribunal or the arbitration procedure was not in conformity with the statutory procedure;(4) The evidence on which the award is based was forged;(5) The other party has withheld the evidence which is sufficient to affect the impartiality of the arbitration; or(6) The arbitrators have committed embezzlement, accepted bribes or done malpractices for personal benefits or perverted the law in the arbitration of the case.The people's court shall rule to set aside the arbitration award if a collegial panel formed by the people's court verifies upon examination that the award involves one of the circumstances set forth in the preceding paragraph.If the people's court determines that the arbitration award violates the public interest, it shall rule to set aside the award.Article 59 A party that wishes to apply for setting aside the arbitration award shall submit such application within six months from the date of receipt of the award.Article 60 The people's court shall, within two months from the date of accepting an application for setting aside an arbitration award, rule to set aside the award or to reject the application.Article 61 If, after accepting an application for setting aside an arbitration award, the people's court considers that the case may be re-arbitrated by the arbitration tribunal, it shall notify the tribunal that it shall re-arbitrate the case within a certain time limit and shall rule to stay the setting-aside procedure. If the arbitration tribunal refuses to re-arbitrate the case, the people's court shall rule to resume the setting-aside procedure.Chapter VI EnforcementArticle 62 The parties shall perform the arbitration award. If a party fails to perform the arbitration award, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The people's court to which the application has been made shall enforce the award.Article 63 If the party against whom the enforcement is sought presents evidence which proves that the arbitration award involves one of the circumstances set forth in the second paragraph of Article 217 of the Civil Procedure Law, the people's court shall, after examination and verification by a collegial panel formed by the people's court, rule to disallow the award.Article 64 If one party applies for enforcement of the arbitration award and the other party applies for setting aside the arbitration award, the people's court shall rule to suspend the procedure of enforcement.If the people's court rules to set aside the arbitration award, it shall rule to terminate the enforcement procedure. If the people's court rules to reject the application for setting aside the arbitration award, it shall rule to resume the enforcement procedure.Chapter VII Special Provisions for Arbitration Involving Foreign ElementsArticle 65 The provisions of this Chapter shall apply to the arbitration of disputes arising from economic, trade, transportation and maritime activities involving a foreign element. For matters not covered in this Chapter, the other relevant provisions of this Law shall apply.Article 66 Foreign-related arbitration commissions may be organized and established by the China Chamber of International Commerce.A foreign-related arbitration commission shall be composed of one chairman, a certain number of vice chairmen and members.The chairman, vice chairmen and members of a foreign-related arbitration commission may be appointed by the China Chamber of International Commerce.Article 67 A foreign-related arbitration commission may appoint arbitrators from among foreigners with special knowledge in the fields of law, economy and trade, science and technology, etc..Article 68 If a party to a foreign-related arbitration applies for preservation of the evidence, the foreign-related arbitration commission shall submit his application to the intermediate people's court in the place where the evidence is located.Article 69 A foreign-related arbitration tribunal may enter the details of the hearings in written records or make written minutes thereof. The written minutes may be signed or sealed by the parties and other participants in the arbitration.Article 70 If a party presents evidence which proves that a foreign-related arbitration award involves one of the circumstances set forth in the first paragraph of Article 260 of the Civil Procedure Law, the people's court shall, after examination and verification by a collegial panel formed by the people's court, rule to set aside the award.Article 71 If the party against whom the enforcement is sought presents evidence which proves。