仲裁法(英文)
劳动争议调解仲裁法英文版
Law of the People's Republic of China on Labor-dispute Mediation andArbitration(Adopted at the 31st Meeting of the Standing Committee of the Tenth National People's Congress on December 29, 2007)Chapter IGeneral ProvisionsArticle 1 This Law is enacted in order to resolve labor disputes in an impartial and timely manner, protect the lawful rights and interests of the parties and promote harmonious and stable labor relations.Article 2 This Law is applicable to the following labor disputes arising between employing units and workers 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, cancellation or termination of labor contracts;(3) disputes arising from expulsion, charge, resignation or severance;(4) disputes arising from working hours, the period of rest and vacation, social insurance, welfare benefits, training and occupational protection;(5) disputes arising from labor remuneration, medical expenses forjob-related injury, economic compensation or damages, etc.; and(6) other labor disputes prescribed by laws and regulations.Article 3 Labor disputes shall be resolved on the basis of facts and pursuant to the principles of lawfulness, impartiality and timeliness, with stress on mediation, in order to protect the lawful rights and interests of the parties according to law.Article 4 When a labor dispute arises, the worker concerned may have a consultation with the employing unit or invite the trade union or a third party to join in the consultation with the employing unit, in order to reach a settlement agreement.Article 5 Where a labor dispute arises and the parties are not willing to have a consultation, or the consultation fails, or the settlementagreement reached is not performed, they may apply to a mediation institution for mediation. Where the parties are not willing to have mediation, or the mediation fails, or the mediation agreement reached is not performed, they may apply to a labor-dispute arbitration commission for arbitration. Where they are dissatisfied with the arbitral award, they may initiate a litigation to a people's court, unless otherwise provided for in this Law.Article 6 Where a labor dispute arises, the parties have the responsibility to give evidence for their own claims. Where the evidence relevant to the matter under dispute is kept and controlled by the employing unit, the said unit shall provide such evidence. Where the employing unit refuses to do so, it shall bear any unfavorable consequences.Article 7 Where the party in a labor dispute consists of 10 workers or more, and they have a common request, they may choose one worker to represent them in mediation, arbitration or litigation.Article 8 The administrative departments of labor of the people's governments at or above the county level shall, in conjunction with the trade unions and representatives of enterprises, establish a tripartite coordination mechanism for labor relations to jointly study and resolve the major issues of labor disputes.Article 9 Where an employing unit, in violation of State regulations, defaults in the payment of labor remuneration or fails to pay the same in full, or defaults in the payment of medical expenses for job-related injury, economic compensation or damages, the worker concerned may make a complaint to the administrative department of labor, which shall handle the complaint in accordance with law.Chapter IIMediationArticle 10 Where a labor dispute arises, the parties may apply for mediation to the following mediation institutions:(1) labor-dispute mediation commissions of enterprises;(2) people's mediation institutions at the grass-roots level established in accordance with law; and(3) organizations with the function of labor-dispute mediation established in towns, townships or neighborhoods.The labor-dispute mediation commission of an enterprise shall be composed of representatives of employees and of the enterprise. The representatives of employees shall be trade union members or be chosen by all employees, and the representatives of the enterprise shall be designated by the leading person of the enterprise. The director of the labor-dispute mediation commission of the enterprise shall be a trade union member or a person chosen by both parties.Article 11 The mediators of labor-dispute mediation institutions shall be adult citizens who are fair-minded and upright, maintain ties with people, are devoted to mediation, are familiar with certain laws and policies, and are well-educated.Article 12 The parties that apply for mediation of a labor dispute may do so in writing or orally. Where an application is made orally, the mediation institution shall, on the spot, note down the basic background of the applicant, the matters under dispute, the reasons for mediation and the time of application.Article 13 When mediating labor disputes, the mediator shall pay full heed to the facts and reasons stated by both parties, persuade them with patience and help them reach an agreement.Article 14 Where an agreement is reached after mediation, a mediation agreement shall be prepared.The mediation agreement shall be signed or sealed by both parties, and be signed by the mediator and sealed by the mediation institution to take effect. It shall be binding on both parties and be performed by them.Where no mediation agreement is reached within 15 days from the date the labor-dispute mediation institution receives the application for mediation, the parties may apply for arbitration in accordance with law.Article 15 Where, after the mediation agreement is reached, one of the parties fail to perform the agreement within the time limit prescribed in the agreement, the other party may apply for arbitration in accordance with law.Article 16 Where a mediation agreement is reached on the payment of labor remuneration, medical expenses for job-related injury, economic compensation or damages in arrears and the employing unit fails to performthe agreement within the time limit prescribed in the agreement, the worker concerned may, on the strength of the mediation agreement, apply to a people's court for a payment order in accordance with law. The people's court shall issue the payment order in accordance with law.Chapter IIIArbitrationSection 1General StipulationsArticle 17 Labor-dispute arbitration commissions shall be set up pursuant to the principles of overall planning, rational geographical distribution and meeting actual needs. The people's governments of provinces and autonomous regions may decide to set up such commissions in cities and counties; and the people's governments of municipalities directly under the Central Government may decide to set up such commissions in districts and counties; in municipalities directly under the Central Government and cities divided into districts, one or more labor-dispute arbitration commissions may also be established. Labor-dispute arbitration commissions shall not be set up level by level according to administrative divisions.Article 18 The administrative department of labor under the State Council shall formulate arbitration rules in accordance with the relevant provisions of this Law. The administrative departments of labor of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall provide guidance inlabor-dispute arbitration within their own administrative areas.Article 19 A labor-dispute arbitration commissions shall be composed of representatives of the administrative department of labor, the trade unions and the enterprises. The number of the component members of such commission shall be an odd number.Labor dispute arbitration commissions shall perform the following duties in accordance with law:(1) appointing and dismissing full-time or part-time arbitrators;(2) accepting and handling labor-dispute cases;(3) discussing major or complicated labor-dispute cases; and(4) exercising supervision over arbitration.Labor-dispute arbitration commissions shall set up offices for handling their day-to-day work.Article 20 A labor dispute arbitration commission shall have a roster of arbitrators.An arbitrator shall be fair-minded and upright, and meet one of the following requirements:(1) having served as a judge;(2) being engaged in legal research or teaching with a professional title at the intermediary level or above;(3) possessing legal knowledge and having been engaged in human resources management, trade union work or other professional work for five full years; or(4) being a lawyer, having been in legal practice for three full years.Article 21 A labor-dispute arbitration commission shall be responsible for arbitrating labor disputes arising in the district under its jurisdiction.A labor dispute shall be under the jurisdiction of the labor-dispute arbitration commission at the place where the labor contract concerned is performed or where the employing unit is located. Where one of the two parties applies for arbitration to the labor-dispute arbitration commission at the place where the labor contract is performed and the other does so at the place where the employing unit is located, the labor dispute shall be subject to the jurisdiction of the former.Article 22 The worker and the employing unit, between whom a labor dispute arises, constitute the two parties to the labor dispute case for arbitration.Where a labor dispute arises between a labor dispatching unit or an employing unit on the one hand and a worker on the other, the labor dispatching unit and the employing unit constitute a joint party.Article 23 The third party that has an interest in the result of a labor dispute case to be handled may apply for participating in arbitration or be notified to do so by the labor-dispute arbitration commission.Article 24 The parties may appoint agents to participate in arbitration. To appoint an agent to participate in arbitration, a letter of attorney signed or sealed by the appointing party shall be submitted to the labor-dispute arbitration commission, in which shall clearly be stated the entrusted matters and the limit of authority.Article 25 A worker who fully or partially losses the capability of civil conduct shall have his statutory agent participate in arbitration. Where such an agent is lacking, an agent shall be designated for him by the labor-dispute arbitration commission. Where the worker is dead, his close relative or agent shall participate in arbitration.Article 26 The arbitration of labor disputes shall be conducted openly, unless where the parties agree otherwise, or where State secrets, commercial secrets or personal affairs are involved.Section 2Application and AcceptanceArticle 27 The limitation period for application for arbitration of a labor dispute is one year, which shall be calculated from the date a party comes to know or is expected to known the infringement of its rights.The limitation period for arbitration as prescribed in the preceding paragraph shall be discontinued when one party claims its rights against the other party or requests the relevant department for remedy, or when the other party agrees to perform its obligations. The limitation period for arbitration shall be calculated anew from the time of discontinuance.Where, due to force majeure or for other justifiable reasons, the party fails to apply for arbitration within the limitation period for arbitration as prescribed in the first paragraph of this Article, the limitation period for arbitration is suspended, calculation of the limitation period for arbitration shall continue from the date the reasons for suspension disappear.Where, during the existence of the labor relations, a dispute arises over the default in payment of labor remuneration, application for arbitration by the worker concerned shall not be restricted by the limitation period for arbitration prescribed in the first paragraph of this Article. However, where the labor relations are terminated, such application for arbitration shall be submitted within one year from the date the labor relations are terminated.Article 28 To applying for arbitration, the applicant shall submit a written application for arbitration and submit duplicates of the application according to the number of the respondents.In the application for arbitration shall clearly be stated the following matters:(1) name, gender, age, occupation, working unit and domicile of the worker, title and domicile of the employing unit, and name and position of the legal representative or the principal leading person;(2) the claims for arbitration and the facts and reasons on which the request is based; and(3) evidence and the source thereof, and name and domicile of the witness.Where the applicant has difficulty in writing an application for arbitration, he may make an oral application, which shall be transcribed by the labor-dispute arbitration commission and be made known to the other party.Article 29 The labor-dispute arbitration commission shall, within five days from the date it receives the arbitration application, accept the application and notify the applicant of its acceptance, if it considers that the application meets the conditions for acceptance; otherwise, it shall notify the applicant in writing that it shall not accept the application and state the reasons. Where the labor-dispute arbitration commission rejects an application or fails to make a decision within the specified time limit, the applicant may initiate a litigation to a people's court with respect to the labor dispute in question.Article 30 The labor-dispute arbitration commission shall, upon acceptance of an application for arbitration, serve a duplicate of the said application on the respondent within five days.The respondent shall, upon receipt of the duplicate of the arbitration application, submit a statement of defense to the labor-dispute arbitration commission within 10 days. The labor-dispute arbitration commission shall, within five days after it receives the statement of defense, serve a copy of the statement of defense on the applicant. Failure on the part of the respondent to submit a statement of defense shall not affect the arbitration procedure.Section 3Hearing and AwardArticle 31 To make awards of labor-dispute cases, labor-dispute arbitration commissions shall adopt the arbitral tribunal system. The arbitral tribunal shall be composed of three arbitrators, with one serving as chief arbitrator. Simple labor-dispute cases may be arbitrated solely by one arbitrator.Article 32 The labor-dispute arbitration commission shall, within five days from the date it accepts an application for arbitration, notify the parties in writing of the composition of the arbitral tribunal.Article 33 An arbitrator shall withdraw, and the parties also have the right to apply orally or in writing for his withdrawal, under one of the following circumstances:(1) He is a party to the case in question or a close relative of a party or its agent;(2) He has an interest in the case;(3) He has other relations with a party to the case or its agent, which may affect impartial award; or(4) He meets with a party or its agent without authorization or accepts invitation to dinners or gifts therefrom.The labor-dispute arbitration commission shall, in a timely manner, make a decision on the application for withdrawal and notify the parties of the decision orally or in writing.Article 34 Where an arbitrator is under the circumstances prescribed in Subparagraph (4) of Article 33 of this Law, or extorts for or accepts bribes, engages in malpractices for personal gain, or perverts the law in making awards, he shall bear legal liability in accordance with law. The labor-dispute arbitration commission shall dismiss him.Article 35 The arbitral tribunal shall, five days before the hearing is held, notify both parties to a case of the date and place of the hearing in writing. Where a party has justifiable reasons, it may, three days before the hearing is held, request for postponing the hearing. The decision on whether to postpone the hearing is up to the labor-dispute arbitration commission to make.Article 36 Where the applicant has received the written notification but fails to be present for the hearing without justifiable reasons or, without approval of the arbitral tribunal, withdraws from the hearing before it is over, it may be deemed to withdraw its arbitration application.Where the respondent receives the written notification but fails to be present for the hearing without justifiable reasons or, without approval of the arbitral tribunal, withdraws from the hearing before it is over, an award may be rendered by default.Article 37 Where the arbitral tribunal considers that expert evaluation is needed for issues of a special character, it may hand over such issues to the evaluation institution agreed upon by the parties; where there is no such agreement or the parties cannot reach an agreement, it shall designate an evaluation institution for the purpose.The evaluation institution shall, at the request of the parties or under demand from the arbitral tribunal, send its experts to participate in the hearing. With permission of the arbitral tribunal, the parties may put questions to the experts.Article 38 In the course of arbitration, the parties shall have the right to examination and cross-examination and to debate. Upon conclusion of the examinations and cross-examinations and the debates, the chief arbitrator or the sole arbitrator shall solicit the final opinions of the parties.Article 39 Where the evidence provided by a party is substantiated upon verification, the arbitral tribunal shall make it the basis on which to confirm the facts.Where a worker cannot provide the evidence, which is kept and controlled by the employing unit and is relevant to his arbitration claim, the arbitral tribunal may require the employing unit to give such evidence within a specified time limit. Where the employing unit fails to do so, it shall bear the unfavorable consequences.Article 40 The arbitral tribunal shall make a written record of the hearing. Where the parties or the other participants in the arbitration believe that there are omissions or errors in their statements recorded, they shall have the right to apply for supplementation or correction. If the tribunal refuses to make supplementation or correction, the application shall be recorded.The written record shall be signed or sealed by the arbitrators, recording clerks, the parties and other participants in the arbitration.Article 41 After applying for arbitration of their labor dispute, the parties may reach a settlement on their own. Where a settlement agreement is reached, the arbitration application may be withdrawn.Article 42 The arbitral tribunal shall mediate before making an award.Where an agreement is reached through mediation, a statement of mediation shall be prepared by the arbitral tribunal.In the statement of mediation shall be stated the arbitration claims and the results agreed upon by the parties. The statement of mediation shall be signed by the arbitrators, sealed by the labor-dispute arbitration commission and served on the parties. The statement of mediation shall take legal effect after acknowledgement by both parties.Where mediation fails or before the statement of mediation is served, one party goes back on the agreement reached, the arbitral tribunal shall make an award in a timely manner.Article 43 Where the arbitral tribunal is to make an award of a labor dispute case, it shall finish making the award within 45 days from the date the labor-dispute arbitration commission accepts the arbitration application. If an extension is needed due to the complexity of the case, such extension shall be subject to approval by the director of the labor-dispute arbitration commission, and the parties shall be notified of the extension in writing; however, the period of extension may not exceed 15 days. If no arbitral award is made at the expiration of the time limit, the parties may initiate a litigation to a people's court with respect to the labor dispute.When making an award of a labor dispute case, in which part of the facts are clear, the arbitral tribunal may make an award first on the basis of the said facts.Article 44 In respect of the cases involving the recovery of labor remuneration, payment of medical expenses for job-related injury, economic compensation or damages, the arbitral tribunal may, according to the application of the parties, make an award on advance execution and transfer it to the people's court for execution.For the arbitral tribunal to make an award on advance execution, the following conditions shall be met:(1) The relationship between both parties in terms of their rights and obligations are clearly defined; and(2) The living standards of the applicant will seriously be affected, unless advance execution is awarded.Where a worker applies for advance execution, no guarantee needs to be provided.Article 45 An award shall be made on the basis of the opinions of the majority of the arbitrators, and the differing opinions held by the minority of the arbitrators shall be recorded. When an opinion of the majority cannot be formed in the arbitral tribunal, an award shall be made on the basis of the opinion of the chief arbitrator.Article 46 In the award shall clearly be stated the arbitration claim, the facts under dispute, the reasons for award, the results of award and the date of award. The award shall be signed by the arbitrators and sealed by the labor-dispute arbitration commission. The arbitrators holding differing opinions on the award may choose to sign or not to sign it.Article 47 For the following labor disputes, the arbitral award shall be final and the award shall take legal effect from the date the award is made, unless otherwise provided for in this Law:(1) disputes involving the recovery of labor remuneration, medical expenses for job-related injury, economic compensation or damages, and the amount involved does not exceed that of the standard local monthly wage rates multiplying 12 months; and(2) disputes arising over working hours, the period of rest and vacation, and social insurance, etc., in the course of applying the occupational standards of the State.Article 48 Where a worker is dissatisfied with the arbitral award as prescribed in Article 47 of this Law, he may initiate a litigation to a people's court within 15 days from the date he receives the award.Article 49 Where an employing unit has evidence to prove that the arbitral award prescribed in Article 47 of this Law falls under one of the following circumstances, it may, within 30 days from the date it receives the award, apply for revocation of the award to an intermediate people's court at the place where the labor-dispute arbitration commission is located:(1) It is definite that Laws and regulations are applied erroneously;(2) The labor-dispute arbitration commission has no jurisdiction over the dispute;(3) The statutory procedure is contravened;(4) The evidence on which the award is based is forged;(5) The other party has concealed evidence, which is sufficient to affect an impartial award; or(6) When arbitrating the case, the arbitrator extorts or accepts bribes, engages in malpractices for personal gain, or perverts the law in making the award.If the people's court, after forming a collegiate bench, finds upon examination and verification that any of the circumstances as prescribed in the preceding paragraph exists in award-making, it shall revoke the award.Where the arbitral award is revoked upon decision by the people's court, the parties may, within 15 days from the date they receive the award, initiate a litigation to a people's court with respect to the labor dispute in question.Article 50 Where a party has objection to the arbitral award of a labor dispute case, other than the ones prescribed in Article 47 of this Law, it may initiate a litigation to a people's court within 15 days from the date it receives the award. If no litigation is initiated at the expiration of the prescribed time limit, the award shall take legal effect.Article 51 The parties shall, within the prescribed time limit, perform the statement of mediation or the award that takes legal effect. If one party fails to do so at the expiration of the time limit, the other party may, in accordance with the relevant provisions of the Civil Procedure Law, apply to a people's court for execution. The people's court that accepts the application shall execute the statement of mediation or the award in accordance with law.Chapter IVSupplementary ProvisionsArticle 52 Where a staff member of a public institution, in which the system of appointment is practiced, is involved in a labor dispute with the institution, this Law shall be applicable; if laws and administrativeregulations or the regulations of the State Council provide otherwise, the said provisions there shall prevail.Article 53 Arbitration of labor disputes is free of charge. Funding for labor-dispute arbitration commissions shall be guaranteed by the government.Article 54 This Law shall go into effect as of May 1, 2008.。
英国仲裁法aa1996
英国仲裁法aa1996摘要：一、英国仲裁法简介二、1996年仲裁法的主要改革三、英国仲裁法的优势四、我国企业在英国仲裁的实践与应用五、应对策略与建议正文：一、英国仲裁法简介英国仲裁法（Arbitration Act 1996）是英国议会于1996年颁布的一部关于仲裁的法律，旨在对英国的仲裁制度进行改革和完善。
该法规定了仲裁协议的效力、仲裁程序的组织、仲裁裁决的承认与执行等方面的内容。
英国仲裁法被认为是现代仲裁制度的基础，为国际商事仲裁提供了有益的借鉴。
二、1996年仲裁法的主要改革1996年仲裁法在以下几个方面进行了重要改革：1.仲裁协议：1996年仲裁法明确了仲裁协议的独立性，即仲裁协议不受underlying contract的影响。
2.仲裁程序：1996年仲裁法规定，仲裁庭可以按照其认为适当的方式进行仲裁，赋予了仲裁庭更大的自主权。
3.仲裁裁决的承认与执行：1996年仲裁法规定，英国法院对仲裁裁决的承认与执行采取更加友好的态度，有利于仲裁裁决的落地。
4.公共政策：1996年仲裁法明确了公共政策作为仲裁裁决撤销理由的限制，降低了撤销仲裁裁决的可能性。
三、英国仲裁法的优势1.充分尊重当事人意思自治：英国仲裁法强调仲裁协议的独立性，充分尊重当事人的意愿。
2.仲裁程序灵活：1996年仲裁法允许仲裁庭按照其认为适当的方式进行仲裁，有利于创新和灵活调整仲裁程序。
3.裁决承认与执行便利：英国法院对仲裁裁决的承认与执行采取友好态度，有利于裁决的落地。
4.国际化程度高：英国仲裁法与国际商事仲裁实践相结合，具有较高的国际化程度。
四、我国企业在英国仲裁的实践与应用在我国企业与外国企业进行国际贸易或投资合作时，英国仲裁法作为一种有效的争议解决方式，得到了广泛应用。
我国企业在英国仲裁中，应注意以下几点：1.明确仲裁协议：在合同中明确约定仲裁条款，确保争议解决方式为仲裁。
2.选择合适的仲裁机构：根据争议的性质和涉及的主体，选择合适的仲裁机构。
英国仲裁法aa1996
英国仲裁法aa1996
英国仲裁法1996年(Arbitration Act 1996)是英国国内关于仲裁
程序的综合法律框架。
该法律旨在促进并规范仲裁作为解决争议的一种方法，并提供对仲裁程序进行指导和监督的规定。
该法律规定了以下主要内容：
1. 仲裁合同的效力：确定仲裁合同的效力和可执行性，确保双方就争议选择仲裁作为解决途径的自由。
2. 仲裁程序的规则和程序：规定了仲裁程序的一般规则和程序，包括仲裁庭的组成、程序安排、证据管理、仲裁庭的裁决等。
3. 仲裁裁决的执行：规定了仲裁裁决的执行程序，包括要求法院确认和承认仲裁裁决的程序。
4. 仲裁程序的监督和干预：规定了法院对仲裁程序的监督和干预的范围和条件，以确保程序的公正和合法性。
5. 仲裁程序的违约和挑战：规定了违约行为和挑战仲裁裁决的条件和程序。
6. 国际仲裁：提供了适用于国际仲裁的特殊规定，以使英国的仲裁法律与国际仲裁标准接轨。
英国仲裁法1996年的制定和实施，使得仲裁程序在英国得到
了更广泛的应用，并提高了仲裁裁决的可执行性和公信力。
这
一法律框架的建立为英国作为国际仲裁中心的竞争优势提供了法律保障，并在一定程度上促进了英国作为仲裁中心的发展。
英国仲裁法aa1996
英国仲裁法aa1996英国仲裁法（Arbitration Act 1996）是英国国内对于仲裁程序与仲裁判决的管理与规范法律。
该法律的主要目的是加强与规范仲裁程序，确保仲裁是一个有效的替代争议解决方式，同时保护当事人的权益与执行仲裁判决。
首先，英国仲裁法强调了仲裁的独立性和自主性。
它确认了当事人签署仲裁协议的权利，并鼓励当事人在发生争议时选择仲裁而不是诉讼。
仲裁被认为是私下的、不受庭审程序限制的解决方式。
根据该法律，仲裁程序不必遵守法院规则，因此仲裁庭可以根据当事人的具体情况和需求自由决定如何进行仲裁，并对程序作出必要的调整。
其次，英国仲裁法确定了仲裁庭的职权和程序。
根据该法律，仲裁庭有权决定自己的管辖权，并有权就管辖权的争议作出决定。
仲裁庭还有权决定自己的程序，并根据具体情况和应用的仲裁规则进行裁决。
此外，该法律还规定了仲裁庭的权力范围，包括传唤证人、收集证据、发表证词等，以确保仲裁庭的公正和审慎。
第三，英国仲裁法规定了对仲裁判决的追认与执行。
一旦仲裁庭作出了最终裁决，该裁决就有与法院判决同等的效力，并且它不受司法审查和上诉的程序限制。
法院有义务根据仲裁庭的判决予以追认，并在其管辖范围内予以执行。
除非根据英国仲裁法的规定，或者根据仲裁庭在其管辖权内作出的裁决，仲裁判决必须予以执行。
最后，英国仲裁法着重保护公平对待和适当程序。
它要求仲裁庭在作出判决之前要向双方当事人提供足够的时间进行主张和提交证据。
仲裁庭还有责任确保裁决的过程是公正、公平和适当的。
如果当事人认为仲裁庭的决定存在错误，可以申请法院根据仲裁法的规定对仲裁庭的决定进行纠正。
总结起来，英国仲裁法是对仲裁程序和判决的管理与规范，旨在保证仲裁作为一种有效的争议解决方式的权益，并加强对仲裁的合法性和可执行性的保护。
该法律增强了仲裁庭的权力和职能，为双方当事人提供了更大的灵活性和自主性。
通过规范仲裁程序，并确保对仲裁判决的予以执行，英国仲裁法为商业争议解决提供了一个可靠的法律框架。
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。
仲裁法教学大纲.doc
仲裁法教学大纲一、课程基本信息课程编号：课程中文名称：仲裁法课程英文名称：Arbitration Law课程类别：专业选修课适用专业：法学本科总学时：32 学分：2教材：曾宪义主编，《仲裁法(第二版)》，中国人民大学出版社，2012年第二版主要参考书：(1)黄进、宋连斌、徐前权著《仲裁法学》，中国政法大学出版社。
(2)张斌生主编《仲裁法新论》，厦门大学出版社。
(3)杨荣新主编《仲裁法学案例教程》，知识产权出版社。
(4)《中华人民共和国仲裁法实用问答》主编周军、罗杨眉，山西经济出版社出版。
(5)《仲裁法及配套规定新释新评》苏庆、杨振山主编，人民法院出版社出版二、课程性质及地位本大纲主要针对法学本科学生，其他种类学生可参考之。
仲裁法学是一门社会应用型科学，是以仲裁立法与仲裁实践及其发展规律为研究对象的科学。
随着社会经济的迅速发展，民事争议大量增加，维护社会秩序的需求就必然促使社会争议的解决机制从单一化向多元化发展，在这一争议解决机制的发展过程中，起源于维护商人利益的仲裁制度，因其具有民事诉讼所无法比拟的特点，如灵活、快捷、以意思表不为核心等，而逐渐得到公众的喜爱与社会的认可，并迅速发展为与诉讼并行的重要的争议解决机制。
仲裁立法的产生及其发展成为仲裁法学得以产生和发展的前提，仲裁立法既是对仲裁实践经验的总结，同时又要运用于仲裁实践，并通过实践进一步检验仲裁立法能否适应仲裁实践的需要，从而使仲裁立法得到进一步完善与发展。
仲裁法学不仅要立足于研究仲裁立法与仲裁实践，而且还应当研究仲裁法与其他民事程序法之间的关系、研究国外的仲裁立法与实践，只有这样，才能促进我国仲裁立法与仲裁实践的进一步发展。
三、开设本课程的意义和教学目的学习仲裁法应采取理论与实践相结合的方法，既结合仲裁实践的具体情况，学习仲裁法学的基本制度与基本理论问题。
通过本课学习，要求全面系统地掌握仲裁法学的基本理论及基本制度。
较为深入的了解仲裁程序。
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。
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.。
劳动争议调解仲裁法 中英对照 小红书
《劳动争议调解仲裁法：中英对照》一、背景介绍劳动争议调解仲裁法（以下简称“劳动法”）是国家为了维护劳动者合法权益，促进和谐劳动关系而制定的重要法律法规。
劳动法在我国社会主义市场经济体制下，对于解决劳动纠纷、维护劳动者的合法权益起着至关重要的作用。
劳动法的颁布实施，是政府加强社会主义法治建设，促进劳动关系和谐稳定的重要举措。
劳动法的实施也为各类争议提供了明确的解决途径和规则，为职工维护合法权益提供了有效的司法保障。
二、中英对照1. 劳动争议调解仲裁法Labor Dispute Mediation and Arbitration Law2. 争议调解Dispute Mediation3. 仲裁Arbitration4. 法律援助Legal Aid5. 人民调解People’s Mediation6. 劳动争议解决机构Labor Dispute Resolution Institution7. 争议和纠纷Disputes and Disputes8. 职工权益Workers' Rights9. 劳动合同Labor Contract10. 经济补偿Economic Compensation11. 职业伤害Occupational Injury12. 工资支付Wage Payment13. 公司解散Company Dissolution14. 强制执行Enforcement15. 法律责任Legal Liability三、法律适用范围劳动法是广泛适用于劳动争议解决领域的法律，其中涉及劳动关系的各种争议和纠纷均可依法适用。
具体包括但不限于：1. 劳动合同纠纷2. 经济补偿和福利权益纠纷3. 职业伤害和劳动者权益纠纷4. 工资支付和劳动保障纠纷5. 公司解散及裁员安置纠纷6. 法律责任纠纷四、个人观点劳动法对于维护劳动者的权益、推动劳动关系和谐稳定具有重要作用，但在实际运用中还存在一些问题和挑战。
一些企业和用人单位并不严格履行劳动法规定，导致劳动者的权益受到侵害。
1996 年仲裁法(英文版)Arbitration Act 1996
Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the editorial team to Arbitration Act 1996. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)Arbitration Act 19961996 CHAPTER 23An 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:—Annotations:Extent InformationE1This Act extends to England, Wales and Northern Ireland; for exceptions see s.108 Modifications etc. (not altering text)C1Act modified (11.11.1999) by 1999 c. 31, s. 8(1)(2) (with application as mentioned in s. 10(2)(3)) C2Act excluded (31.1.1997) by 1966 c. 41, s. 3 (as substituted by 1996 c. 23, s. 107(1), Sch. 3 para. 24 (with s. 81(2)); S.I. 1996/3146, art. 3 (with transitional provisions in art. 4, Sch. 2)Act excluded (1.8.1998) by 1992 c. 52, s. 212A(6) (as inserted (1.8.1998) by 1998 c. 8, s. 7; S.I.1998/1658, art. 2(1), Sch. 1Act excluded (N.I.) (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 89(6); S.R. 1999/81, art. 3Act excluded (31.3.2002) by The Dairy Produce Quotas Regulations 2002 (S.I. 2002/457), regs. 2, 9(b), 10(1)(b)(4)(b), 11(2), 33(5)(b)(iii), Sch. 1 para. 34Act excluded (31.3.2002) by The Dairy Produce Quotas (Wales) Regulations 2002 (S.I. 2002/897), regs.2, 9(b), 10(1)(b)(4)(b), 11(2), 33(5)(b)(iii), Sch. 1 para. 34C3Power to apply conferred (11.9.1996 for certain purposes and otherwise 1.5.1998) by 1996 c. 53, s.108(6); S.I. 1996/2352, art. 2(2); S. I. 1998/650, art. 2C4Act applied (E.) (4.7.2002) by Vehicular Access Across Common and Other Land (England) Regulations 2002 (S.I. 2002/1711), regs. 1, 12(3)(b)2Arbitration Act 1996 (c. 23)Part I – Arbitration pursuant to an arbitration agreementDocument Generated: 2011-05-10 Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the editorial team to Arbitration Act 1996. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details) Annotations:Extent InformationE1This Act extends to England, Wales and Northern Ireland; for exceptions see s.108 Modifications etc. (not altering text)C1Act modified (11.11.1999) by 1999 c. 31, s. 8(1)(2) (with application as mentioned in s. 10(2)(3)) C2Act excluded (31.1.1997) by 1966 c. 41, s. 3 (as substituted by 1996 c. 23, s. 107(1), Sch. 3 para. 24 (with s. 81(2)); S.I. 1996/3146, art. 3 (with transitional provisions in art. 4, Sch. 2)Act excluded (1.8.1998) by 1992 c. 52, s. 212A(6) (as inserted (1.8.1998) by 1998 c. 8, s. 7; S.I.1998/1658, art. 2(1), Sch. 1Act excluded (N.I.) (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 89(6); S.R. 1999/81, art. 3Act excluded (31.3.2002) by The Dairy Produce Quotas Regulations 2002 (S.I. 2002/457), regs. 2, 9(b), 10(1)(b)(4)(b), 11(2), 33(5)(b)(iii), Sch. 1 para. 34Act excluded (31.3.2002) by The Dairy Produce Quotas (Wales) Regulations 2002 (S.I. 2002/897), regs.2, 9(b), 10(1)(b)(4)(b), 11(2), 33(5)(b)(iii), Sch. 1 para. 34C3Power to apply conferred (11.9.1996 for certain purposes and otherwise 1.5.1998) by 1996 c. 53, s.108(6); S.I. 1996/2352, art. 2(2); S. I. 1998/650, art. 2C4Act applied (E.) (4.7.2002) by Vehicular Access Across Common and Other Land (England) Regulations 2002 (S.I. 2002/1711), regs. 1, 12(3)(b)P ART IA RBITRATION PURSUANT TO AN ARBITRATION AGREEMENT Annotations:Modifications etc. (not altering text)C5Pt. I excluded (E.W.) (1.11.1996) by 1996 c. 56, s. 336(4), 476(4), 582(4), Sch. 40, para. 4 (with s. 1(4)) Pt. I excluded (31.1.1997) by 1988 c. 8, s. 6 (as substituted (31.1.1997) by 1996 c. 23, s. 107(1), Sch. 3para. 49; S.I. 1996/3146, art. 3 (with art. 4, Sch. 2))Pt. I excluded (N.I.) (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 89(6); S.R. 1999/81, art. 3 C6Pt. I (ss. 1-84) excluded (E.W.) by 1998 c. 14, s. 16(9) (which is in force: at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.; at 5.7.1999 for specified purposes by S.I. 1999/1958, art.2(1)(b), Sch. 1 (with transitional provisions in Sch. 12, and as amended by S.I. 1999/3178, art. 3(20),Sch. 20); at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (subject to transitionalprovisions in Sch. 14, and as amended by S.I. 1999/3178, art. 3(20), Sch. 20); at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (subject to transitional provisions in Sch. 2); at 18.10.1999for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (subject to transitional provisions in Schs.16-18, and as amended by S.I. 1999/3178, art. 3(20), Sch. 20); 29.11.1999 for specified purposes by S.I.1999/3178, art. 2(1), Sch. 1 (subject to transitional provisions in s. 5 and Schs. 21-23) C7Pt. I (ss. 1-84) excluded by S.I. 1998/1506 (N.I. 10), art. 16(9) (which is in force: at 10.3.1999 for specified purposes by S.R. 1999/102, art. 2(a), Sch. Pt. I; at 5.7.1999 for specified purposes by S.R.1999/310, art. 2(1)(b), Sch. 1; at 6.9.1999 for specified purposes by S.R. 1999/371, art. 2(b), Sch. 1; at5.10.1999 for specified purposes by S.R. 1999/407, art. 2(b), Sch.; at 18.10.1999 for specified purposesby S.R. 1999/428, art. 2(b), Sch. 1; at 29.11.1999 for specified purposes by S.R. 1999/472, art. 2(1),Sch. 1)C8Pt. I excluded (E.W.) (1.9.2000) by 1999 c. 14, s. 9(4); S.I. 2000/2337, art. 2(1)(e)Pt. I excluded (prosp.) by 1999 c. 14, ss. 9(4), 14(2)Arbitration Act 1996 (c. 23)Part I – Arbitration pursuant to an arbitration agreement Document Generated: 2011-05-103Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the editorial team to Arbitration Act 1996. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)Pt. I excluded (N.I.) (22.11.2000 for specified purposes and otherwise 2.7.2001) by 2000 c. 4, ss. 59, 68, Sch. 7 para. 10 (with s. 66(6)); S.R. 2000/358, art. 2, Sch. Pt. II; S.R. 2001/141, art 2(1)(c), Sch.Pt. I excluded (E.W.) (2.7.2001) by 2000 c. 19, s. 68, Sch. 7 para. 10(8) (with s. 83(6)); S.I. 2001/1252, art. 2(2)(a)(i)C9Pt. I: specified provisions applied (with modifications) (N.I.) (28.4.2002) by Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2002 (S.R. 2002/120), art. 3, Sch.Introductory1General principles.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 impartialtribunal without unnecessary delay or expense;(b)the parties should be free to agree how their disputes are resolved, subject onlyto such safeguards as are necessary in the public interest;(c)in matters governed by this Part the court should not intervene except asprovided by this Part.2Scope of application of provisions.(1)The provisions of this Part apply where the seat of the arbitration is in England andWales or Northern Ireland.(2)The following sections apply even if the seat of the arbitration is outside England andWales 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).(3)The powers conferred by the following sections apply even if the seat of the arbitrationis 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.(4)The court may exercise a power conferred by any provision of this Part not mentionedin 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 courtis satisfied that it is appropriate to do so.(5)Section 7 (separability of arbitration agreement) and section 8 (death of a party) applywhere 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.4Arbitration Act 1996 (c. 23)Part I – Arbitration pursuant to an arbitration agreementDocument Generated: 2011-05-10 Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the editorial team to Arbitration Act 1996. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)3The seat of the arbitration.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 powersin 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.4Mandatory and non-mandatory provisions.(1)The mandatory provisions of this Part are listed in Schedule 1 and have effectnotwithstanding any agreement to the contrary.(2)The other provisions of this Part (the “non-mandatory provisions”) allow the partiesto make their own arrangements by agreement but provide rules which apply in the absence of such agreement.(3)The parties may make such arrangements by agreeing to the application of institutionalrules or providing any other means by which a matter may be decided.(4)It is immaterial whether or not the law applicable to the parties’ agreement is the lawof England and Wales or, as the case may be, Northern Ireland.(5)The choice of a law other than the law of England and Wales or Northern Ireland as theapplicable 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.5Agreements to be in writing.(1)The provisions of this Part apply only where the arbitration agreement is in writing, andany 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.(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.(3)Where parties agree otherwise than in writing by reference to terms which are in writing,they make an agreement in writing.(4)An agreement is evidenced in writing if an agreement made otherwise than in writingis recorded by one of the parties, or by a third party, with the authority of the parties to the agreement.Arbitration Act 1996 (c. 23)Part I – Arbitration pursuant to an arbitration agreement Document Generated: 2011-05-105Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the editorial team to Arbitration Act 1996. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)(5)An exchange of written submissions in arbitral or legal proceedings in which theexistence 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.(6)References in this Part to anything being written or in writing include its being recordedby any means.The arbitration agreement6Definition of arbitration agreement.(1)In this Part an “arbitration agreement” means an agreement to submit to arbitrationpresent or future disputes (whether they are contractual or not).(2)The reference in an agreement to a written form of arbitration clause or to a documentcontaining an arbitration clause constitutes an arbitration agreement if the reference is such as to make that clause part of the agreement.7Separability 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.8Whether agreement discharged by death of a party.(1)Unless otherwise agreed by the parties, an arbitration agreement is not discharged bythe death of a party and may be enforced by or against the personal representatives of that party.(2)Subsection (1) does not affect the operation of any enactment or rule of law by virtueof which a substantive right or obligation is extinguished by death.Stay of legal proceedings9Stay of legal proceedings.(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.(2)An application may be made notwithstanding that the matter is to be referred toarbitration only after the exhaustion of other dispute resolution procedures.(3)An application may not be made by a person before taking the appropriate proceduralstep (if any) to acknowledge the legal proceedings against him or after he has taken any step in those proceedings to answer the substantive claim.6Arbitration Act 1996 (c. 23)Part I – Arbitration pursuant to an arbitration agreementDocument Generated: 2011-05-10 Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the editorial team to Arbitration Act 1996. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)(4)On an application under this section the court shall grant a stay unless satisfied that thearbitration agreement is null and void, inoperative, or incapable of being performed.(5)If the court refuses to stay the legal proceedings, any provision that an award is acondition precedent to the bringing of legal proceedings in respect of any matter is of no effect in relation to those proceedings.10Reference of interpleader issue to arbitration.(1)Where in legal proceedings relief by way of interpleader is granted and any issuebetween 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.(2)Where subsection (1) applies but the court does not direct that the issue be determinedin 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.11Retention of security where Admiralty proceedings stayed.(1)Where Admiralty proceedings are stayed on the ground that the dispute in questionshould 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 ofany award given in the arbitration in respect of that dispute, or(b)order that the stay of those proceedings be conditional on the provision ofequivalent security for the satisfaction of any such award.(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.Commencement of arbitral proceedings12Power of court to extend time for beginning arbitral proceedings, &c.(1)Where an arbitration agreement to refer future disputes to arbitration provides that aclaim shall be barred, or the claimant’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 beforearbitral proceedings can be begun,the court may by order extend the time for taking that step.(2)Any party to the arbitration agreement may apply for such an order (upon notice tothe other parties), but only after a claim has arisen and after exhausting any available arbitral process for obtaining an extension of time.Arbitration Act 1996 (c. 23)Part I – Arbitration pursuant to an arbitration agreement Document Generated: 2011-05-107Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the editorial team to Arbitration Act 1996. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)(3)The court shall make an order only if satisfied—(a)that the circumstances are such as were outside the reasonable contemplationof the parties when they agreed the provision in question, and that it would bejust to extend the time, or(b)that the conduct of one party makes it unjust to hold the other party to the strictterms of the provision in question.(4)The court may extend the time for such period and on such terms as it thinks fit, andmay do so whether or not the time previously fixed (by agreement or by a previous order) has expired.(5)An order under this section does not affect the operation of the Limitation Acts (seesection 13).(6)The leave of the court is required for any appeal from a decision of the court underthis section.13Application of Limitation Acts.(1)The Limitation Acts apply to arbitral proceedings as they apply to legal proceedings.(2)The court may order that in computing the time prescribed by the Limitation Acts for thecommencement 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 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.(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.(4)In this Part “the Limitation Acts” means—(a)in England and Wales, the M1Limitation Act 1980, the M2Foreign LimitationPeriods Act 1984 and any other enactment (whenever passed) relating to thelimitation of actions;(b)in Northern Ireland, the M3Limitation (Northern Ireland) Order 1989, theM4Foreign Limitation Periods (Northern Ireland) Order 1985 and any otherenactment (whenever passed) relating to the limitation of actions. Annotations:Marginal CitationsM11980 c. 58.M21984 c. 16.M3S.I. 1989/1339 (N.I. 11).M4S.I. 1985/754 (N.I. 5).8Arbitration Act 1996 (c. 23)Part I – Arbitration pursuant to an arbitration agreementDocument Generated: 2011-05-10 Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the editorial team to Arbitration Act 1996. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)14Commencement of arbitral proceedings.(1)The parties are free to agree when arbitral proceedings are to be regarded as commencedfor the purposes of this Part and for the purposes of the Limitation Acts.(2)If there is no such agreement the following provisions apply.(3)Where the arbitrator is named or designated in the arbitration agreement, arbitralproceedings 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.(4)Where the arbitrator or arbitrators are to be appointed by the parties, arbitral proceedingsare 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.(5)Where the arbitrator or arbitrators are to be appointed by a person other than a party tothe 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.Annotations:Modifications etc. (not altering text)C10S. 14 applied (31.1.1997) by 1894 c. 60, s. 496(5) (as inserted by 1996 c. 23, s. 107(1), Sch. 3 para. 1) (with s. 81(2)); S.I. 1996/3146, art. 3 (with art. 4, Sch. 2)The arbitral tribunal15The arbitral tribunal.(1)The parties are free to agree on the number of arbitrators to form the tribunal andwhether there is to be a chairman or umpire.(2)Unless otherwise agreed by the parties, an agreement that the number of arbitrators shallbe two or any other even number shall be understood as requiring the appointment of an additional arbitrator as chairman of the tribunal.(3)If there is no agreement as to the number of arbitrators, the tribunal shall consist of asole arbitrator.16Procedure for appointment of arbitrators.(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.(2)If or to the extent that there is no such agreement, the following provisions apply.(3)If the tribunal is to consist of a sole arbitrator, the parties shall jointly appoint thearbitrator not later than 28 days after service of a request in writing by either party to do so.Arbitration Act 1996 (c. 23)Part I – Arbitration pursuant to an arbitration agreement Document Generated: 2011-05-109Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the editorial team to Arbitration Act 1996. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)(4)If the tribunal is to consist of two arbitrators, each party shall appoint one arbitrator notlater than 14 days after service of a request in writing by either party to do so.(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 arequest in writing by either party to do so, and(b)the two so appointed shall forthwith appoint a third arbitrator as the chairmanof the tribunal.(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 arequest in writing by either party to do so, and(b)the two so appointed may appoint an umpire at any time after they themselvesare appointed and shall do so before any substantive hearing or forthwith if theycannot agree on a matter relating to the arbitration.(7)In any other case (in particular, if there are more than two parties) section 18 applies asin the case of a failure of the agreed appointment procedure.17Power in case of default to appoint sole arbitrator.(1)Unless the parties otherwise agree, where each of two parties to an arbitration agreementis 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.(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.(3)Where a sole arbitrator has been appointed under subsection (2), the party in defaultmay (upon notice to the appointing party) apply to the court which may set aside the appointment.(4)The leave of the court is required for any appeal from a decision of the court underthis section.18Failure of appointment procedure.(1)The parties are free to agree what is to happen in the event of a failure of the procedurefor 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.(2)If or to the extent that there is no such agreement any party to the arbitration agreementmay (upon notice to the other parties) apply to the court to exercise its powers under this section.(3)Those powers are—。
仲裁法中英对照
Arbitration Law of the People's Republic of China 中华人民共和国仲裁法(Adopted at the 9th Session of the Standing Committee of the Eighth National People's Congress on August 31, 1994;amended for the first time according to the Decision on Amending Certain Laws adopted at the 10th Session of the Standing Committee of the Eleventh National People's Congress on August 27,2009;and amended for the second time in accordance with the Decision on Amending Eight Laws Including the Judges Law of the People's Republic of China at the 29th Session of the Twelfth National People's Congress on September 1, 2017) (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根据2009年8月27日第十一届全国人民代表大会常务委员会第十次会议《关于修改部分法律的决定》第一次修正根据2017年9月1日第十二届全国人民代表大会常务委员会第二十九次会议《关于修改〈中华人民共和国法官法〉等八部法律的决定》第二次修正)Contents 目录Chapter I General Provisions第一章总则Chapter II Arbitration Commissions and the ArbitrationAssociation第二章仲裁委员会和仲裁协会Chapter III Arbitration Agreement第三章仲裁协议Chapter IV Arbitration Proceedings第四章仲裁程序Section 1 Application and Acceptance第一节申请和受理Section 2 Formation of Arbitration Tribunal第二节仲裁庭的组成Section 3 Hearing and Award第三节开庭和裁决Chapter V Application for Setting Aside Arbitration Award第五章申请撤销裁决Chapter VI Enforcement第六章执行Chapter VII Special Provisions for Arbitration Involving ForeignElements第七章涉外仲裁的特别规定Chapter VIII Supplementary Provisions第八章附则Chapter I General Provisions第一章总则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。
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,。
仲裁法中英对照
Arbitration Law of the People's Republic of China 中华人民共和国仲裁法(Adopted at the 9th Session of the Standing Committee of the Eighth National People's Congress on August 31, 1994;amended for the first time according to the Decision on Amending Certain Laws adopted at the 10th Session of the Standing Committee of the Eleventh National People's Congress on August 27,2009;and amended for the second time in accordance with the Decision on Amending Eight Laws Including the Judges Law of the People's Republic of China at the 29th Session of the Twelfth National People's Congress on September 1, 2017) (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根据2009年8月27日第十一届全国人民代表大会常务委员会第十次会议《关于修改部分法律的决定》第一次修正根据2017年9月1日第十二届全国人民代表大会常务委员会第二十九次会议《关于修改〈中华人民共和国法官法〉等八部法律的决定》第二次修正)Contents 目录Chapter I General Provisions第一章总则Chapter II Arbitration Commissions and the ArbitrationAssociation第二章仲裁委员会和仲裁协会Chapter III Arbitration Agreement第三章仲裁协议Chapter IV Arbitration Proceedings第四章仲裁程序Section 1 Application and Acceptance第一节申请和受理Section 2 Formation of Arbitration Tribunal第二节仲裁庭的组成Section 3 Hearing and Award第三节开庭和裁决Chapter V Application for Setting Aside Arbitration Award第五章申请撤销裁决Chapter VI Enforcement第六章执行Chapter VII Special Provisions for Arbitration Involving ForeignElements第七章涉外仲裁的特别规定Chapter VIII Supplementary Provisions第八章附则Chapter I General Provisions第一章总则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。
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。
英国仲裁法aa1996
英国仲裁法aa1996英国仲裁法（Arbitration Act 1996）是英国国内关于仲裁程序的法律框架。
本文将详细介绍英国仲裁法的背景、规定以及其对仲裁程序的影响和意义。
背景在过去的几十年中，仲裁作为一种解决争议的方法在国际商事领域中得到了广泛应用。
与传统的诉讼程序相比，仲裁具有审理效率高、保密性强以及对诉讼当事人自主权的尊重等优势。
由于其灵活性和适应性，仲裁在国际争议解决中扮演着越来越重要的角色。
为了促进和完善仲裁制度，英国于1996年通过了《英国仲裁法》。
该法旨在重新定义仲裁程序的规则和流程，以使其更加适应现代商事争议解决的需求。
《英国仲裁法》确立了仲裁的合法地位，并为相关的程序和执行提供了详细的规定。
规定《英国仲裁法》共有103条款，涵盖了包括仲裁协议、仲裁程序和仲裁裁决等方面的内容。
以下将对其中几个主要规定进行介绍。
1.仲裁协议：《英国仲裁法》规定仲裁协议应为书面形式，并对协议的有效性、约束力和解释等作了明确规定。
同时，法律对协议中的仲裁条款具有独立性，即使合同其他部分被认为无效，仲裁协议仍然有效。
2.程序公正性：《英国仲裁法》规定仲裁程序应当公正、无偏见，并保护当事人的合法权益。
在程序上，仲裁庭必须给予各方平等的机会陈述意见、呈交证据，并根据双方的权益作出公正而合理的裁决。
3.诉讼支持：《英国仲裁法》授权法院对仲裁程序进行支持，并在需要时扮演着监督和干预的角色。
例如，法院有权解决有关仲裁协议的争议，如确认协议的效力或者解释争议的范围等。
4.仲裁裁决执法：《英国仲裁法》承认仲裁裁决的权威性，并规定在对外执法上享有与法院判决相同的效力。
一旦裁决作出，法院将仅仅基于有限的理由来干预或取消裁决。
影响和意义《英国仲裁法》的颁布对英国作为一个国际商事仲裁中心的地位产生了积极影响。
首先，《英国仲裁法》强调了仲裁协议的约束力和独立性。
这增强了合同当事人选择仲裁解决争议的信心，提供了更大的灵活性和自主权。
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)。
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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。