04/24/2010

Proceedings for the arbitration

Hearings shall be held at the seat of the Arbitration Commission. Where necessary. hearings may, upon the approval of the Chairman of the Arbitration Commission. be held at other places within Chinese territory.
  Proceedings for the arbitration of a case are conducted by an Arbitration Tribunal formed by one presiding arbitrator and two arbitrators sitting in a body. A sole arbitrator may form an Arbitration Tribunal by himself and conduct the proceedings singly.
  The Arbitration Tribunal shall hear cases in open session. but it mail. upon the request of both or either of the parties. decide to hold the hearings in closed session. At every session of the Arbitration Tribunal. records shall be taken. and these records shall be signed by the presiding arbitrator or the sole arbitrator as the case may be.

The date for the hearing of the case

Upon the request of one of the parties. the Chairman of the Arbitration Commission may. For the purpose of safeguarding the interests of the disputing parties. prescribe provisional measures concerning the materials. property rights and/or other matters appertaining to the parties.
  The date for the hearing of the case shall be set by the Chairman of the Arbitration Commission in consultation with the presiding arbitrator or the sole arbitrator as the case maybe. The Arbitration Commission may require the parties to give their explanations in writing before the date of the hearing.
  A disputing party may confer with the Arbitration Commission on matters relating to the proceedings either in person or by attorney. Such attorneys may be citizens of the People's Republic of China or foreign citizens.

Should the said party fail to choose a new arbitrator

If an arbitrator is unable to perform his duties. the Arbitration Commission shall notify the party concerned to that effect and request him to choose a new arbitrator from among the members of the Arbitration Commission within fifteen days from the date of receipt of the notice.
  Should the said party fail to choose a new arbitrator within that time. the Chairman of the Arbitration Commission shall then appoint a new arbitrator on his behalf. Should the arbitrators fail to agree on the selection of the new presiding arbitrator within that time. the Chairman of the Arbitration Commission shall then select a new presiding arbitrator on their behalf.

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