您现在的位置:  首页 > 仲裁规则 > Questions and Answers about Arbitration

Questions and Answers about Arbitration


Q1. Are other rules applicable for disputes submitted to the SCIA?

In accordance with Article 3.3 of the Rules, where the parties agree to refer their dispute to the SCIA for arbitration but have agreed on the application of other arbitration rules or have agreed on a modification of the Rules, the parties’ agreement shall prevail unless such agreement cannot be implemented or is in conflict with a mandatory provision of the law as it applies to the arbitration proceedings. Where the parties have agreed on the application of other arbitration rules, the SCIA shall perform the relevant functions of the administrative authority under those arbitration rules.

 

In accordance with Article 3.4 of the Rules, where the parties agree that international or foreign related disputes and disputes related to Hong Kong, Macao and Taiwan be governed by the “Arbitration Rules of the United Nations Commission on International Trade Law” (hereinafter the “UNCITRAL Arbitration Rules”), the SCIA shall administrate the case in accordance with the UNCITRAL Arbitration Rules and the “SCIA Guidelines for the Administration of Arbitration under the ‘UNCITRAL Arbitration Rules’”.

 

In accordance with Article3.5, where the parties submit investment disputes between states and nationals of other states to the SCIA for arbitration, the SCIA shall administer the case in accordance with the UNCITRAL Arbitration Rules and the “SCIA Guidelines for the Administration of Arbitration under the ‘UNCITRAL Arbitration Rules’”.

 

Q2. What are the rules on confidentiality?

In accordance with Article 65, the arbitration proceedings shall not be open to the public. Where all the parties agree that an oral hearing be open to the public, the arbitral tribunal shall decide whether the oral hearing shall be open to the public. Where an oral hearing is not to be open to the public, the parties and their representatives, witnesses, interpreters, arbitrators, experts consulted or appraisers appointed by the arbitral tribunal, persons recording the oral hearings, staffs of the SCIA and other relevant persons shall keep any substantive or procedural matters relating to the case confidential, unless otherwise stipulated under the laws.

 

Q3. How to handle the challenge for jurisdiction?

In accordance with Article 9 of the Rules, the SCIA or the arbitral tribunal authorized by the SCIA shall have the power to decide on the jurisdiction. The arbitral tribunal may make its decision on jurisdiction either during the arbitration proceedings or in the arbitral award. The arbitration shall proceed notwithstanding an objection to jurisdiction. The SCIA or the arbitral tribunal authorized by the SCIA shall dismiss the case upon finding that the SCIA has no jurisdiction. Where a case is to be dismissed before the formation of the arbitral tribunal, the decision shall be made by the SCIA. Where the case is to be dismissed after the formation of the arbitral tribunal, the decision shall be made by the arbitral tribunal.

 

Q4. How to determine the language of arbitration under the Rules?

In accordance with Article 5 of the Rules, where the parties have agreed on the language of arbitration, their agreement shall prevail. In the absence of such agreement, prior to the formation of the arbitral tribunal, the SCIA shall determine the initial language to be used in the arbitration proceedings, due regard being given to the relevant circumstances including the language of contract. After the formation of the arbitral tribunal, the language shall be determined by the arbitral tribunal.

 

Q5. Whether the SCIA accepts claims arising from more than one contract?

In accordance with Article 16 of the Rules, claims arising from more than one contract, a principal contract and its subordinate contract(s), or a contract and its related contract(s) between the same parties may be jointly made in a single arbitration, if it is agreed under all arbitration agreements of the multiple contracts to refer the disputes to arbitration by the SCIA and the relevant disputes arise from the same transaction or a series of transactions.

 

Q6. How to handle the application of property preservation?

A party may apply for preservation of property or to require the other party to perform or to refrain from performing a specific act before the commencement of or during the arbitration proceedings if, due to emergency, the legitimate interests of the party applying for preservation may suffer irreparable damages without an immediate preservation, or if the other party’s acts or some other circumstances may render the arbitral award impossible or difficult to be enforced.

 

If the place of arbitration is in Chinese Mainland, the party that applies for preservation before the commencement of the arbitration proceedings may directly submit the application to a competent court; if a party applies for preservation during the arbitration proceedings, the SCIA shall forward the application for preservation to a competent court. If the place of arbitration is in other countries or regions, the party that applies for preservation shall, according to the applicable laws, submit the application to a competent court or an arbitral tribunal for determination.  

 

Q7. How to handle the application of evidence preservation?

A party may apply for preservation of evidence before the commencement of or during the arbitration proceedings, where it is likely that the evidence may be destroyed, lost or become difficult to obtain later on.

 

Q8. May an additional party be joined in a pending arbitration?

A party in a pending arbitration may apply in writing to join an additional party under the same arbitration agreement to the arbitration. The decision on whether to grant such joinder shall be made by the SCIA before an arbitral tribunal is formed or by the arbitral tribunal after it is formed.

 

Where such joinder is granted, arbitrator(s) shall be re-appointed to form the arbitral tribunal according to the provisions of Articles 26-29, unless all the parties agree that the original arbitral tribunal shall continue the proceedings.

 

Q9. May a third party join the arbitration proceedings?

Subject to the unanimous consent of the parties and the additional party, the additional party may apply in writing to join the arbitration proceedings. The decision on whether to accept such application shall be made by the SCIA before an arbitral tribunal is formed or by the arbitral tribunal after it is formed. 

 

Q10. Is consolidation of arbitrations allowed under the Rules?

Yes. In accordance with Article 17, with the written consent by all parties, the SCIA may consolidate two or more pending arbitrations into a single arbitration to be decided by one arbitral tribunal.

 

Unless otherwise agreed by all the parties, the arbitrations shall be consolidated into the arbitration the commenced first.

 

Following the consolidation of arbitrations, decisions on procedural matters shall be made by the SCIA before an arbitral tribunal is formed or by the arbitral tribunal after it is formed.

 

Where the arbitration are consolidated, the arbitral tribunal shall have the discretion to either render a joint arbitral award on disputes between the parties, or render several arbitral awards separately. 

 

Q11. Shall arbitrators be appointed from a Panel of Arbitrators?

The SCIA establishes a Panel of Arbitrators. The parties shall appoint arbitrators from the Panel of Arbitrators.

 

Where arbitration is governed by the UNCITRAL Arbitration Rules, the parties may appoint arbitrator(s) from the Panel of Arbitrators. The parties may also nominate candidate(s) outside the Panel of Arbitrators. The Candidate(s) so nominated by the parties may act as an arbitrator after being confirmed by the SCIA.

 

Q12. What rules does the SCIA have on the composition of an arbitral tribunal of three arbitrators?

Unless otherwise agreed by the parties, within fifteen (15) days from the date of receipt of the Notice of Arbitration, the Claimant and the Respondent shall each appoint, or entrust the President of the SCIA to appoint, an arbitrator, failing which, the arbitrator shall be appointed by the President of the SCIA. Where there are two or more Claimants and/or Respondents in arbitration the Claimant side and/or the Respondent side shall each jointly appoint or jointly entrust the President of the SCIA to appoint one arbitrator, failing which, the arbitrator shall be appointed by the President of the SCIA.

 

Unless otherwise agreed by the parties, within fifteen (15) days from the date of the Respondent’s receipt of the Notice of Arbitration, the parties shall jointly appoint or jointly entrust the President of the SCIA to appoint the presiding arbitrator, failing which, the presiding arbitrator shall be appointed by the President of the SCIA, not subject to the above time-limit.

 

In the alternative, the parties may agree, and the President of the SCIA may also decide that the presiding arbitrator shall be appointed jointly by the two appointed arbitrators under Paragraph 1 of this Article. Unless otherwise agreed by the parties, where the two appointed arbitrators fail to appoint the presiding arbitrator within ten (10) days from the date of the determination of the second arbitrator, the presiding arbitrator shall be appointed by the President of the SCIA.

 

At the request of or with the consent of the parties, the President of the SCIA may recommend some candidates for the presiding arbitrator for the parties to make a list in the order of their respective preferences within the time period specified in the preceding Paragraph 2 of this Article. Out of the recommended candidates, a candidate placed in the highest ranking in the lists of both parties shall be deemed to be jointly appointed by both parties as the presiding arbitrator. If there is more than one candidate being placed in the highest ranking, the President of the SCIA shall choose one of them as the presiding arbitrator jointly appointed by the parties.

 

At the request of or with the consent of the parties, the President of the SCIA may recommend some candidates from which the parties may each choose one as the presiding arbitrator within the time period stipulated under Paragraph 2 of this Article. Where a candidate is chosen by both parties, such candidate shall be deemed to have been jointly appointed by both parties as the presiding arbitrator. If more than one candidate is chosen by both parties, the President of SCIA shall decide one of them as the presiding arbitrator, who shall be deemed to have been jointly appointed by the parties. If the candidate chose by the respective parties is not the same person, the President shall appoint an arbitrator other than those recommended candidates to be the presiding arbitrator.

 

Q13. What are the rules on disclosure by arbitrators?

Upon being appointed, each arbitrator shall sign a Declaration to undertake to conduct arbitration independently and impartially.

 

The arbitrator shall disclose in the Declaration any circumstances he/she is aware of that are likely to give rise to reasonable doubts as to his/her impartiality or independence.

 

Where any circumstance occurs during the arbitration proceedings after the Declaration is signed which is necessary to be disclosed, the arbitrator shall disclose in writing immediately after such circumstance takes place.  

 

Q14. How does the arbitral tribunal decide on procedural matters if consensus cannot be reached?

Where the arbitral tribunal cannot reach consensus over procedural matters, the arbitration proceedings shall be conducted in accordance with the opinion of a majority of the arbitrators. Where the arbitral tribunal cannot reach a majority opinion, the arbitration proceedings shall be conducted in accordance with the presiding arbitrator’s opinion.

Q15. What hearing approaches are available to the parties?

The parties may agree to adopt inquisitorial, adversarial or other approaches in the oral hearings.

 

Q16. What specific measures may be adopted by the arbitral tribunal?

The arbitral tribunal may, if it considers it necessary, issue procedural orders or question lists, hold pre-hearing conferences, produce terms of reference, and require pre-hearing exchange of evidence or discovery of relevant documents by the parties, request submission of agreed list of issues by the parties, and exercise the power of interpretation to the extent permissible under the governing law.

 

Q17. What are the rules on the date of hearing and notice of hearing?

Where arbitration is to be conducted by way of an oral hearing, the parties shall be notified of the date of the first oral hearing at least twenty (20) days prior to the oral hearing. A party having justified reasons may request a postponement of the oral hearing. However, such request must be communicated in writing to the arbitral tribunal at least ten (10) days prior to the fixed oral hearing date. The arbitral tribunal shall decide whether or not to postpone the oral hearing.

 

Where a party has justified reasons for failure to submit a request for a postponement of the oral hearing within the time period specified in the preceding Paragraph 1, the arbitral tribunal shall decide whether or not to accept the request.

 

A notice of a subsequent oral hearing and a notice of a postponed oral hearing shall not be subject to the time period specified in the preceding Paragraph 1.

 

Where the parties have agreed, the arbitral tribunal may hold the hearing earlier than the scheduled time.  

 

Q18. What are differences between the place of hearing and the place of arbitration?

The place of an oral hearing shall be the location where the hearing proceedings are conducted, whereas the domicile of an arbitration organization shall be deemed as the place of arbitration. The place of arbitration will determine which country’s arbitration law shall be applicable, which country’s court shall exercise judicial supervision over arbitration and where the arbitral award shall be made.

Q19. How to handle default of a party?

If the Claimant fails to appear at an oral hearing without valid excuses, or withdraws from an on-going oral hearing without the permission of the arbitral tribunal, the Claimant shall be deemed to have withdrawn its Request for Arbitration. In such a case, if the Respondent has filed a counterclaim, the arbitral tribunal shall proceed with the hearing of the counterclaim.

 

If the Respondent fails to appear at an oral hearing without valid excuses, or withdraws from an on-going oral hearing without the permission of the arbitral tribunal, the arbitral tribunal shall make a default hearing, and proceed with the arbitration. In such a case, if the Respondent has filed a counterclaim, the Respondent shall be deemed to have withdrawn its counterclaim. 

 

Q20. Are experts allowed to participate at an oral hearing?

Where the arbitral tribunal considers it necessary, or where a party so requests and the arbitral tribunal agrees, the arbitral tribunal may appoint experts for, inter alia, appraisal, audit, evaluation, testing or consultancy to produce expert report.

 

Copies of the expert report shall be forwarded to the parties for their comments. The arbitral tribunal may notify the expert to participate at an oral hearing to explain the expert report if the arbitral tribunal considers it necessary, or if a party so requests.

 

Q21. May the parties specify evidence rules under the Rules?

Where the parties have an agreement specifying the applicable evidence rules, their agreement shall prevail, unless the agreement cannot be implemented or is in conflict with a mandatory provision of the law as it applies to the arbitration proceedings.

 

Q22. What are the rules on the examination of evidence?

Unless otherwise agreed by the parties, the evidence shall be produced at the hearing and may be examined by the parties.

 

Where a case is to be decided on the basis of documents only, or where the evidentiary materials are to be submitted after the hearing, and the parties agree to examine the evidentiary materials in writing, the parties shall submit their written opinions on the documents or the evidentiary materials within the time period specified by the arbitral tribunal.

 

Evidence that the parties have jointly recognized or have no objection to shall be considered as examined evidence.

 

A party who provides forged evidence shall bear the consequence accordingly, and the arbitral tribunal shall have the power to reject the claims or counterclaims submitted by the party so concerned. 

 

Q23. May the arbitral tribunal undertake investigations on its own initiative?

Where the arbitral tribunal considers it necessary, or where a party so requests and the arbitral tribunal agrees, the arbitral tribunal may undertake investigations and collect evidence on its own initiative.

 

When investigating and collecting evidence at site, the arbitral tribunal shall notify the parties to be present in a timely fashion when it thinks necessary. In the event that the parties fail to be present after being notified, the investigation and collection of evidence shall proceed without being affected. 

 

Information investigated or evidence collected by the arbitral tribunal shall be forwarded to the parties for their comments.

 

Q24. Which kind of expert reports may be adopted by the arbitral tribunal to assist with the hearing?

Where the arbitral tribunal considers it necessary, or where a party so requests and the arbitral tribunal agrees, the arbitral tribunal may appoint experts for, inter alia, appraisal, audit, evaluation, testing or consultancy to produce expert report.

 

Q25. Under what circumstances arbitration proceedings shall be suspended?

Where parties request a suspension of the arbitration proceedings, or under circumstances where such suspension is necessary pursuant to relevant law or provisions of the Rules, the arbitration proceedings may be suspended by the arbitral tribunal. Where the arbitral tribunal has not yet been formed, such decision shall be made by the SCIA.

 

The arbitration proceedings shall resume as soon as the reason for the suspension so longer exists.

 

Q26. What are the conditions for the application of Summary Procedure?

Unless otherwise agreed by the parties, Summary Procedure shall apply to any case where the amount in dispute does not exceed RMB1,000,000 Yuan; or to any case where the amount in dispute exceeds RMB 1,000,000 Yuan, yet the parties agree in writing that the Summary Procedure shall apply.

 

Where the amount in dispute is not clear, the SCIA shall determine whether or not to apply the Summary Procedure after a full consideration of relevant factors, including but not limited to the complexity of the case and the interests involved.

 

Q27. Under what conditions the Summary Procedure shall be changed to the general procedure?

The application of Summary Procedure shall not be affected by any amendment to the claim or by the filing of a counterclaim.

 

Where the amount in dispute of the amended claim or that of the counterclaim exceeds RMB 1,000,000 Yuan, upon one of the parties’ requests or the suggestion of the arbitral tribunal, and if the SCIA considers necessary, the Summary Procedure may be changed to the general procedure by the SCIA.

 

Q28. What are the rules on the time-limit for the arbitral award?

For international or foreign-related disputes, or disputes related to Hong Kong, Macao and Taiwan, the arbitral tribunal shall render an arbitral ward within six (6) months from the date on which the arbitral tribunal is formed.

 

For Chinese Mainland disputes, the arbitral tribunal shall render an arbitral award within four (4) months from the date on which the arbitral tribunal is formed.

 

For above cases applying the Summary Procedure, the arbitral tribunal shall render an arbitral award within three (3) months from the date on which the arbitral tribunal is formed.

 

Where there are special circumstances or adequate reasons justifying an extension of the duration of the arbitration, the SCIA may approve an appropriate extension upon the request of the arbitral tribunal.  

 

Q29. Which periods shall be excluded from the time-limit for arbitral award?

The following periods shall be excluded when calculating the time-limit for arbitral award:

(a)   any period of appointing experts for, inter alia, appraisal, audit, evaluation, testing, expert consultancy pursuant to Article 42;

(b)   any period of mediation and negotiation facilitation pursuant to Article 45 and Article 46;

(c)    any suspension period pursuant to relevant provisions of law and the Rules.

 

Q30. How to handle cases where arbitrators have dissenting opinions?

Where a case is arbitrated by an arbitral tribunal formed of three arbitrators, the arbitral award shall be rendered by all three arbitrators or a majority of the arbitrators. A written dissenting opinion shall be kept with the file and may be notified to the parties together with the arbitral award. Such dissenting opinion shall not form a part of the arbitral award. Where the arbitral tribunal cannot reach a majority opinion, the arbitral award shall be rendered in accordance with the presiding arbitrator’s opinion. The written opinions of the other arbitrators shall be kept with the file and may be notified to the parties together with the award. Such written opinions shall not form a part of the award.

 

Q31. What are the rules on interlocutory award?

Where the arbitral tribunal considers it necessary, or where a party so requests and the arbitral tribunal agrees, the arbitral tribunal may render an interlocutory award on related procedural issues, interim measures or issues to be interpreted before the final arbitral award.

 

The rendering, implementation or non-implementation of an interlocutory award, shall not affect the arbitration proceedings, nor shall it prevent the arbitral tribunal from rendering the final arbitral award.

 

Q32. What are the rules on partial award?

Where the arbitral tribunal considers it necessary, or where a party so requests and the arbitral tribunal agrees, the arbitral tribunal may render a partial award on any part of the claim before rendering the final arbitral award. A partial award is final and binding upon the parties.

 

Q33. Shall the arbitral award be submitted for scrutiny?

Yes. The arbitral tribunal shall submit its draft award to the SCIA for scrutiny before signing. The SCIA may suggest modifications on the form of the draft award and may also draw the attention of the arbitral tribunal to substantive issues without affecting its independence.

Q34. Shall the seal of the SCIA be affixed to the arbitral award?

Yes. The seal of the SCIA shall be affixed to the arbitral award for cases administrated by the SCIA.

 

Q35. Under what circumstances the arbitral award shall be corrected?

Within thirty (30) days after its receipt of the arbitral award, either party may request the arbitral tribunal in writing for a correction of any clerical, typographical or computational errors, or any errors of a similar nature contained in the award. If such an error does exist in the arbitral award, the arbitral tribunal shall make a correction in writing within thirty (30) days of receipt of the written request for the correction.

 

The arbitral tribunal may, on its own initiative, make corrections of the arbitral award in writing, within a reasonable time period after the arbitral award is rendered.

 

Such correction of award in writing shall form a part of the arbitral award.

 

Q36. Under what circumstances an additional award shall be rendered?

Within thirty (30) days after its receipt of the arbitral award, either party may request the arbitral tribunal in writing for an additional award on any claim which was advanced in the arbitration proceedings but was omitted from the arbitral award. If such an omission does exist, the arbitral tribunal shall render an additional award within thirty (30) days of receipt of the written request.

 

The arbitral tribunal may, on its own initiative, render an additional award in writing, within a reasonable time period after the arbitral award is rendered.

 

Such additional award shall form a part of the arbitral award.

 

Q37. May the arbitral tribunal conduct mediation?

Where the parties wish to mediate, the arbitral tribunal may conduct mediation during the arbitration proceedings. If the parties agree that the arbitrator(s) conduct the mediation, the arbitrator(s) who have conducted the mediation can continue to serve on the arbitral tribunal in the subsequent arbitration proceedings, unless otherwise agreed by the parties or provided by the applicable laws.

 

The arbitral tribunal may mediate in a manner it considers appropriate. With the consent of each party, the mediation may be conducted by all or some members of the arbitral tribunal.

 

Q38. May the negotiation institutions conduct negotiation in a pending arbitration?

The parties may reach a settlement agreement by themselves, or apply to the SCIA Mediation Center, or other mediation institutions recognized by the SCIA for mediation, or may apply for negotiation to the SCIA Negotiation Facilitation Center.

 

Q39. When the mediation shall be terminated?

During the mediation, the arbitral tribunal shall terminate the mediation if either party so requests or if the arbitral tribunal deems that further mediation would be futile.

 

Q40. How to handle a settlement agreement reached outside the arbitral tribunal?

Where a settlement agreement is reached by the parties, or through the mediation under the SCIA Mediation Center or other mediation institutions recognized by the SCIA, or through negotiation under the SCIA Negotiation Facilitation Center, the parties may apply to the arbitral tribunal for rendering an arbitral award or a mediation statement in accordance with the terms of the settlement agreement or apply to withdraw the arbitration case. In the event the parties have not requested arbitration or the arbitral tribunal has not yet been formed, and the parties apply for rendering an arbitral award or a mediation statement in accordance with the settlement agreement, unless otherwise agreed by the parties, the President of the SCIA shall appoint a sole arbitrator to form the arbitral tribunal to conduct the arbitration in appropriate procedures and render an arbitral award or a mediation statement in due course. The specific procedures and time-limit shall not be subject to other provisions of the Rules. 

 

The SCIA or the arbitral tribunal shall have the power to request the parties to make statements to ensure the legitimacy and authenticity of the settlement agreement, and to promise not to harm the interest of third persons to the case or the public interest, and other relevant circumstances. If the arbitral tribunal has reasonable doubts on the legitimacy and authenticity of the settlement agreement, or believes that rendering an arbitral award or a mediation statement in accordance with such settlement agreement may be prejudicial to the interest of third persons to the case or the public interest, it shall reject the application to render an arbitral award or a mediation statement in accordance with the terms of the settlement agreement.

 

Q41. May the arbitration fees and costs be paid in installments?

In case whereby a large amount of arbitration fees and  costs is payable or there are special circumstances in any arbitration case, the SCIA may, at the request of the parties, agree to allow the party to make the advance payment of the arbitration fees and costs in installments, provided that:

(a)   no less than one-third of the total arbitration fees and costs is paid upon request for arbitration;

(b)   no less than half of the total arbitration fees and costs is paid by the time the arbitral tribunal is formed; and

(c)    the total arbitration fees and costs shall be paid in full by the time of the hearing.

 

Such installments shall not include the registration fees.

 

Q42. What are the rules on arbitration fees and costs in relation to arbitral cases governed by UNCITRAL Arbitration Rules?

As for the international and foreign-related arbitration cases and those related to Hong Kong, Macao and Taiwan governed by the UNCITRAL Arbitration Rules under Article 3, Paragraph 4 of the Rules, and for arbitral cases related to the investment disputes under Article 2, Paragraph 2 of the Rules, the arbitration fees and costs shall be charged by the SCIA in accordance with the “SCIA Guidelines for the Administration of Arbitration under the ‘UNCITRAL Arbitration Rules’” (hereinafter, the “Guidelines”) as follows:

(1)   Registration Fee

The registration fee shall be RMB 5,000 Yuan, which is non-refundable under any circumstance.

(2)   Administrative Fee

The administrative fees shall include the costs and expenses incurred from providing the services under Article 4(1) of the Guidelines in relation to the following:

(a)   Appointment of Arbitrators

Fees payable by the parties for appointment of one arbitrator is RMB 10,000 Yuan, for appointment of two arbitrators is RMB 15,000 Yuan and for appointment of three arbitrators is RMB 18,000 Yuan.

(b)   Decision on the Challenge of Arbitrator

An amount of RMB 20,000 Yuan shall be charged for each decision on the challenge of arbitrator(s).

(c)    Financial Management of Arbitration Cases

The SCIA shall charge a financial management fee, being 0.1% of the total amount of fees in custody of the SCIA. The minimum financial management fee chargeable shall be RMB 1,000 Yuan and shall be capped at a maximum of RMB 100,000 Yuan.

(d)   Services under Article 4(2) of the Guidelines

The SCIA shall charge disbursements incurred from services provided by the SCIA under Article 4(2) of the Guidelines or from other administrative services requested by the parties or the arbitral tribunal, which shall be charged on actual costs basis.

 

Q43. What are the rules on the arbitration fees and costs in relation to application of other arbitration rules as agreed by the parties?

Schedule III of Arbitration Fees and Costs shall apply if the parties agree to submit to the SCIA for arbitration in accordance with the arbitration rules other than the SCIA Rules and the UNCITRAL Arbitration Rules, and that the SCIA shall provide the administrative services for the arbitration proceedings.

 

A registration fee of RMB 10,000 Yuan shall be payable upon application for arbitration, for the purposes of examining the application for arbitration, initiating the arbitration proceedings, computerizing management, filing management and correspondence. The registration fee is non-refundable.

 

The parties shall pay the arbitration fees and costs in advance in accordance with the rates under the Schedule III for their respective claim or counterclaim. The AID referred to in the Schedule III shall be on the basis of the sum amount of money claimed by the parties. Where no monetary claim is specified or the amount in dispute is not clear, the amount of administrative fee shall be determined by the SCIA in consideration of the specific rights and interests involved in the disputes.

 

The SCIA may charge for other disbursements reasonably incurred in accordance with the relevant provisions under the Rules.

 

Q44. How shall the arbitral tribunal determine the payment of reasonable legal fees and other expenses incurred by the parties for conducting the arbitration?

The arbitral tribunal has the power to determine in the arbitral award the arbitration fees and other expenses to be borne by the parties. Such fees and other expenses include fees and actual expenses payable under the Schedule of Fees and Costs of Arbitration, and the reasonable legal fees and other expenses incurred by the parties for conducting the arbitration.

 

Unless otherwise agreed by the parties or stipulated in the Rules, the arbitration fees and costs shall in principle be borne by the losing party. However, the arbitral tribunal may apportion such fees and expenses between the parties in appropriate proportion, taking into account the relevant circumstances of the case. If the parties reach a settlement either on their own initiative or as a result of mediation by the arbitral tribunal, the parties may reach an agreement upon the percentages of their respective shares in the fees and costs.

 

In case of any breach of the Rules or failure to carry out the arbitral tribunal’s decisions by any party which causes delay in the arbitration proceedings, the allocation of arbitration fees and costs to such party shall not be subject to the provisions under the preceding paragraph. Where other costs are incurred or increased due to delay in the arbitration proceedings, such party shall also bear the costs so incurred or increased.

 

The arbitral tribunal shall, at the request of a party, have the power to determine in the arbitral award that the losing party bears the reasonable costs and expenses of the successful party incurred in relation to the arbitration proceedings, including but not limited to the attorney’s fees, the costs of preservation measures, travel and accommodation expenses, notarial fees and witness expenses. While determining the amount of these costs and expenses, the arbitral tribunal shall take into account the outcome and complexity of the case, the actual workload of the parties or their representatives, the monetary amount in dispute and any other relevant factors. 

 

Q45. What circumstances shall be considered in the fee arrangements agreed between the party/parties and the arbitrator?

The allocation of the fees and expenses of arbitrator determined in accordance with the fee arrangements agreed between the party or parties and the arbitrator shall be decided by arbitral tribunal pursuant to the applicable arbitration rules and the relevant provisions of this Appendix.

 

The fees and expenses of arbitrators determined in accordance with the fee arrangements shall be reasonable in amount, taking into account the AID, the complexity of the subject-matter, the time spent by the arbitrators and any other relevant circumstances of the case. According to the above circumstances, the SCIA shall have the power to make any necessary adjustment to the fees and expenses of arbitrators, which will be binding upon the arbitral tribunal.

 

Q46. How to interpret the Rules?

The headings of the articles in the Rules shall not be construed as interpretations of the contents of the provisions contained therein.

 

The Rules shall be interpreted by the SCIA.

 

Unless otherwise stated, other documents issued by the SCIA shall not constitute integral parts of the Rules.






更多>>