BIZCHINA / Company laws
Arbitration Law of the People's Republic of China
Updated: 2006-04-17 10:13
Article 27
The applicant may abandon or alter his arbitration claim. The respondent
may accept the arbitration claim or object to it. It has a right to make
a counterclaim.
Article 28
A party may apply for property preservation if, as the result of an act
of the other party or for some other reasons, it appears that an awardmay
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 29
The parties and their legal representatives may appoint lawyers or engage
agents to handle matters relating to the arbitration. In the event that 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 Tribunal
Article 30
An arbitration tribunal may comprise three arbitrators or one arbitrator.
If an arbitration tribunal comprises three arbitrators, a presiding
arbitrator shall be appointed.
Article 31
If the parties agree to form an arbitration tribunal comprising three
arbitrators, each party shall select or authorize the chairmen of
thearbitration commission to appoint one arbitrator. The third 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. The third arbitrator shall be the presiding arbitrator. If
the parties agree to have one arbitrator to form an arbitration tribunal,
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.
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