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Administrative Rules Of Shenzhen International Arbitration Court (For Trial Implementation)

Original Language Title: 深圳国际仲裁院管理规定(试行)

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Shenzhen International Arbitral Court Management Provisions (Time pilot)

(Summit No. 71 of 6 November 2012 at the 5th ordinary meeting of the People's Government of Zhennzhensan to consider the adoption of the Ordinance No. 245 of 24 November 2012.

Chapter I General

Article 1 regulates the operation of the Zhentz International Chamber of Arbitration, independently, impartial and efficient resolution of commercial disputes in the country, upholds the legitimate rights and interests of the parties outside the country, promotes the construction of the advanced internationalized city and the former seaport in the area of cooperation in modern services, in accordance with the Regulations on the Cooperation Zone of Modern Services in the Pregné Economic Zone and the relevant legal regulations.

Article II The Zhenhenmon International Chamber of Arbitration is based on the Chinese International Economic Trade Arbitration Commission's sub-regional conference, which was established by the Government of the people of Zhennzhensan, which is more legally constituted and uses the arbitration body named “The South International Economic Trade Arbitration Commission”.

The Janzhen International Arbitral Court registered its place of cooperation in the modern service area at the Chinzhen City (hereinafter referred to as the “former Sea Cooperation Zone”), in accordance with this provision and the statute of the Zhenti International Arbitration Institute (hereinafter referred to as “the statute”), in accordance with the law.

Article III is not a statutory body for the purpose of profiting, and is functioning independently as a legal entity of the cause unit.

The Shenzhen International Chamber of Arbitration established a governance structure of legal persons at the centre of the Council, and put in place a governance mechanism for decision-making, implementation and monitoring effective checks and balances.

Article IV. The International Chamber of Arbitration should communicate and cooperate with relevant industries and organizations within and outside the country, introduce the advanced system of international commercial arbitration, and resolve the contractual and other property rights disputes between equal subjects such as individuals, legal persons and other organizations in the territory fairly and reasonably.

The Zhennzhen International Chamber of Arbitration can resolve disputes by arbitration, conciliation, negotiation promotion, expert evaluation and other legitimate means to which the parties agree or request.

Chapter II

Article 5 establishes the Council as a decision-making body.

Article 6. The Governing Council of the Zhennzhen International Chamber of Arbitration consists of 11 to fifteen members. The Council was established by a President, two to four Vice-Presidents.

The Council is chaired by an eminent person in the legal, business and other relevant fields, who are not less than one third from the Hong Kong Special Administrative Region.

Article 7. The Governing Council is appointed by the Government of the Shenzhen People for a term of five years and has expired. The Chief of the Council was appointed by the Government of the Shenzhen People in accordance with the prescribed procedures.

Article 8

(i) Develop and modify the statutes, the rules of procedure of the Council, arbitration rules, conciliation rules and other forms of dispute resolution rules;

(ii) Consideration of the nomination of the Secretary-General and the Under-Secretary-General for the International Chamber of Arbitration;

(iii) Defining the establishment, modification and withdrawal of specialized committees or professional commissions and deciding on the composition of the specialized committees or special committees;

(iv) Establishment of a roster of arbitrators to determine the appointment of arbitrators and other dispute resolution experts;

(v) A review of the annual report on the work of the Board and the financial advance (adjustment);

(vi) A programme for the establishment and modification of the establishment and the size of the person;

(vii) Develop important regulations, including, but not limited to, the compensation system of arbitrators, the enforcement of the management and remuneration system for the staff of the management bodies;

(viii) Other responsibilities under the Constitution.

Article 9

(i) Convening and hosting the meetings of the Council;

(ii) Examination of the implementation of Council resolutions;

(iii) Organizing systems for the functioning of the Council;

(iv) Other responsibilities under the Constitution and the arbitration rules.

The Article 10 Council meeting is held at least twice a year.

The Council meeting was convened and chaired by the President. The President may convene a meeting of the Council in accordance with the written proposals of the work needs or not less than three members. The President may entrust the Vice-President to convene and preside.

More than two thirds of the Council's meetings should be held. The Council voted on matters related to the adoption of a vote by more than two thirds of the members of the Conference; the revision of the statute is subject to the approval of the whole Council of more than three quarters.

Implementation of chapter III

Article 11 establishes the Secretary-General and the Under-Secretary-General of the Zhennzhen International Chamber of Arbitration and may establish the necessary body to carry out and manage the day-to-day work of the International Chamber of Arbitration.

The Secretary-General is responsible for the day-to-day management of the International Chamber of Arbitration in Shenzhen, and for the Board's supervision. The Under-Secretary-General assisted the Secretary-General in his work.

The Secretary-General and the Under-Secretary-General are nominated by the Council and nominated by the Secretary-General from the Council.

The Secretary-General and the Under-Secretary-General are appointed by the Government of the Shenzhencan, in accordance with the authority and procedures of management.

Article 13, with the assistance of the Under-Secretary-General, performs the following duties:

(i) Organizing the implementation of Council resolutions;

(ii) procedural management of cases;

(iii) Organizing training and studying experts and other dispute resolution experts;

(iv) The day-to-day administration of the Arbitration Chamber;

(v) Organization of annual reports on the work of the Board, financial advances (financial) accounting reports, the establishment of the internal structure and the consideration of the Board;

(vi) Resolves for job creation and conditions for staff recruitment, employment or dismissal of institutional staff;

(vii) The constitution, arbitration rules and other relevant dispute resolution rules and other responsibilities conferred by the Council.

Chapter IV Dispute resolution rules and their development principles

Article 14. The International Chamber of Arbitration should, in accordance with the relevant legal regulations and provisions, provide options for outside parties in the country, drawing on the advanced system of international commercial arbitration, innovative dispute resolution mechanisms, the development of arbitration rules, conciliation rules, negotiation of facilitation rules, expert evaluation rules and other forms of dispute resolution rules.

The Shenzhen International Chamber of Arbitration should establish a mechanism for cooperation with offshore arbitration bodies that could provide arbitral tribunal facilities for arbitration activities carried out by outside arbitral bodies in their territories and could provide some procedural assistance.

Article 15. The Zhennzhen International Chamber of Arbitration shall appoint arbitrators under statutory conditions and establish a roster of arbitrators in accordance with different professionalities.

The arbitrators employed by the Zhentz International Chamber of Arbitration are not less than one third of the external arbitrators from the Hong Kong Special Administrative Region.

Article 16 allows cases of external and domestic arbitration in accordance with the arbitration agreement concluded by the parties.

Article 17 may agree that the parties outside the territory may choose to apply the rules of arbitration of the Zhenmon International Chamber of Arbitration, the arbitration rules of other arbitral bodies within and outside the territory or the arbitration rules of the United Nations Commission on International Trade Law, which may agree on changes in the relevant elements of the rules of arbitration of the International Chamber of Arbitration and may agree on the application of the law, the manner of court proceedings, the rules of evidence, the language of arbitration, the place of the court or the place of arbitration, but their agreement shall be enforceable and shall not be incompatible with the mandatory legal provisions of the arbitration.

Article 18 parties may select the composition of the arbitral tribunal from the roster of arbitrators provided by the Zhennzhen International Arbitration Chamber, or may agree to select the composition of the arbitral tribunal outside the roster of arbitrators.

The parties agree that the composition of the arbitral tribunal shall be outside the roster of arbitrators and shall be subject to the confirmation by the International Chamber of Arbitration of the Guhenhenhens, in accordance with the terms of the arbitrator, the Chief arbitrator or the sole arbitrator.

Article 19 of the Arbitration Tribunal shall stand independently of the case, except for judicial supervision by law, without interference by any body or individual.

The Zhennzhen International Chamber of Arbitration should establish a strict code of ethics for arbitrators, an information disclosure system for arbitrators and a system of evasion of arbitrators, guaranteeing the independence, impartiality of arbitration.

Chapter V Financial and human resources management

Article 20 should establish a financial, asset management system that is responsive to the independent legal entity of the Agency.

The sources of funding of the Zhennzhen International Chamber of Arbitration include:

(i) Arbitral fees;

(ii) Mediation and other forms of dispute resolution charges;

(iii) Other legitimate income.

Article 21 should establish competitive marketization mechanisms that could build specialized dispute resolution services and management based on the need for specialized expertise.

The total number of institutions and personnel established by the Zhennzhen International Chamber of Arbitration has been carried out after the Board's finalization, following the procedure for the preparation of sectoral submissions to municipal institutions. Matters such as the creation of an institution in the Zhennzhen International Chamber of Arbitration, the upgrading of the staff position and the recruitment of a reconciliation contract were determined by the Zhenhens International Arbitration Chamber, according to the requirements of its work, to administer the contract.

In accordance with international practice and the level of the same industry market, the Zhentz International Chamber of Arbitration has established a reasonable system of compensation for arbitrators, the staff pay system and incentives and the establishment of compensation, remuneration assessment mechanisms.

Shenzhen International Chamber of Arbitration staff participates in society such as old-age, medical, unemployment, work injury and maternity, in accordance with the relevant provisions of this city

Chapter VI Oversight mechanisms

In accordance with the provisions of the relevant legislation, the application for property preservation, the application for the preservation of evidence and the confirmation of the effectiveness of the arbitration agreement of the Shenzhen International Chamber of Arbitration was reviewed by competent judicial bodies.

The parties' arbitral awards against the Zhenmon International Chamber of Arbitration apply for the withdrawal, implementation or non-implementation of the territory or for the recognition and implementation of the law and international treaties abroad.

Article 24 should establish the following specialized committees:

(i) The qualifications and integrity of arbitrators, the eligibility review of the appointment of arbitrators, the supervision of the professional integrity of arbitrators and the submission to the Board of arbitrators for their dismissal and renewal;

(ii) The Committee on Remuneration regularly assesses and oversees the compensation system for arbitrators and the staff remuneration system.

Article 25 The Governing Council of the Zhenmon International Arbitration Council oversees and promotes the efficiency and effectiveness of the functioning of the executive body and regularly assesss the performance of the Secretary-General and the Under-Secretary-General.

Article 26 The Zhenh International Chamber of Arbitration receives financial and audit oversight by law.

Article 27 should open the following matters on its website for public inquiries and social oversight:

(i) Report on the annual report of the Zhennzhen International Chamber of Arbitration, as confirmed by the Council;

(ii) Dispute resolution rules, service processes, fees standards, format instruments;

(iii) Information on the educational and vocational context of arbitrators, mediators and other dispute resolution experts;

(iv) Laws relating to dispute resolution.

Chapter VII

Article 28 is piloted from the date of publication.