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)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384540.shtml

Administrative rules of Shenzhen International Arbitration Court (for trial implementation)

    (November 6, 2012, Shenzhen People's Government five 71st General Meeting November 24, 2012, Shenzhen People's Government announced order No. 245, come into force on the date of promulgation) Chapter I General provisions

    First innovation and commercial dispute resolution mechanisms, regulate the Shenzhen operations of international arbitration, independent, fair and efficient settlement of the territory of foreign disputes, maintaining the legitimate rights and interests of the parties inside and outside, and promoting the modernization of Shenzhen international advanced city and sea before construction of modern service industry in Hong Kong-Shenzhen cooperation area, in accordance with the regulations of Shenzhen Special economic zone before the Sea zone of modern service industry in Shenzhen-Hong Kong cooperation and other relevant laws and regulations, this provision is enacted.

    Article International Court of arbitration was set up by Shenzhen Municipal People's Government in its South China branch of the China international economic and Trade Arbitration Commission on the basis of legally changed its name and use "South China international economic and Trade Arbitration Commission" name of arbitration.

    Before the International Arbitration Court registered address in Shenzhen, Shenzhen Sea zone of modern service industry in Shenzhen-Hong Kong cooperation (hereinafter "the qianhai zone"), which shall perform the duty of the Arbitration Committee, and in accordance with the Statute of the International Court of arbitration (hereinafter "the regulation") to manage and operate.

    Third Shenzhen International Court of arbitration is not for profit statutory bodies, legal persons in public institutions operate independently.

    Shenzhen international arbitration to establish a Council for the core of corporate governance structure and decision-making, implementation, monitoring and effective governance mechanism of checks and balances.

    Fourth Shenzhen International Court of arbitration should conduct exchanges and cooperation with related industries and organizations inside and outside, the introduction of advanced system of international commercial arbitration, fair and reasonable solution to the foreign individuals, legal persons and other organizations such as equality between contractual and property rights disputes.

    Shenzhen International Arbitration Court can be taken to arbitration, mediation, negotiation, expert review, and other lawful means prescribed or requested by the parties to resolve the dispute.

    Chapter Council

    Article fifth Shenzhen International Arbitration Board set up, as a decision-making body. Sixth International Arbitration Court is composed of 11 to 15 directors.

    Set, Chairman of one of the Board, Deputy Chairman of two to four.

    Member of the legal profession, the business community and other related areas of eminent persons as, one from Hong Kong S.A.R., foreigners of not less than one-third. Article seventh Director appointed by the people's Government of Shenzhen, for a term of five years, expires may be reappointed.

    Director appointed by the Shenzhen Municipal People's Government in accordance with the prescribed procedures.

    Article eighth Council performs the following functions:

    (A) to enact and amend statutes, rules of procedure of the Council, rules of arbitration, conciliation and other forms of dispute resolution rules;

    (B) consider the Secretary-General, the Deputy Secretary-General of the International Court of arbitration;

    (C) Panel on validation or establishment, modification and withdrawal of the Professional Committee, decided that the Special Committee or the Committee of the person;

    (D) the establishment of a panel of arbitrators, arbitration and other dispute resolution expert's appointment and removal;

    (E) audited annual reports and financial budget (summary) report;

    (F) audited programme in internal organization and change, and human scale;

    (VII) development of major rules and regulations, including but not limited to, the arbitrator compensation, executive management body staff and salary systems;

    (VIII) other duties as prescribed by the articles.

    Nineth Chairman shall perform the following duties:

    (A) convene and preside over the Council meetings;

    (B) check the implementation of the resolutions of the Council;

    (C) develop system operation of the Council;

    (D) other duties stipulated by articles of Association and rules of arbitration.

    Tenth meeting of the Council shall meet at least twice a year. Sessions of the Council shall be convened and presided over by Chairman of. Director can work, or not less than three members of the written proposal, convened meeting of the Council.

    On behalf of the Director-General may appoint a Vice is responsible for convening and presiding. Council meetings should be two-thirds more members present shall be held.

    Matters related to the Council vote, by voting, by two-thirds above agree to governing are present; Constitution be amended, be agreed upon by more than three-fourths of Directors.

    Chapter III executive management body

    11th International Chamber of arbitration and the Deputy Secretary-General, and you can set the necessary internal institutions, responsible for the implementation of the International Court of arbitration work and management. Secretary-General's statutory representative, the International Court of arbitration, is responsible for the routine management of Shenzhen International Court of arbitration, the Board is responsible for, and accepted supervision by the Council.

    Deputy Secretary-General to assist the Secretary-General's work.

    Artificial seats 12th nomination by the Secretary General, Deputy Secretary-General, elected by the Council, Secretary-General's nominations from the Board of Directors.

    The Secretary-General and the Deputy Secretary-General, in accordance with administrative privileges and procedures, by the Shenzhen Municipal People's Government for appointment.

    13th the Secretary-General with the assistance of the Deputy Secretary-General, shall perform the following duties:

    (A) organize the implementation of resolutions of the Council;

    (B) is responsible for program management of the case;

    (C) Organization of training and assessment experts on arbitration and other dispute resolution;

    (Iv) is responsible for the day-to-day administration of the Arbitration Court;

    (E) to compile annual reports of financial budget (summary) operator reporting, internal body plan, and brought to the Council for its consideration;

    (F) decide to work jobs and conditions of employment of staff, staff of the appointment or removal of organs;

    (G) the articles of Association, rules of arbitration and other forms of dispute resolution rules and the other functions conferred by the Council.

    Fourth chapter, dispute resolution rules and principles

    14th Shenzhen International Court of arbitration shall be in accordance with the relevant laws and regulations and these provisions, combined with the Shenzhen Special economic zone and sea zone of cooperation before the actual, drawing on international commercial arbitration system of advanced, innovative dispute resolution mechanisms, developed rules of arbitration, mediation, negotiation rules, the experts rules and other forms of dispute resolution rules and provide more choices for both inside and outside the party.

    Shenzhen International Arbitration Court shall establish a mechanism of cooperation with foreign arbitration institutions, for outside arbitration in the Arbitration Court arbitration activities in facilities, and can provide a certain degree of program assistance.

    15th International Court of arbitration according to law, be conditions of appointment of an arbitrator, and established in accordance with different professional arbitrators.

    International arbitrators appointed by the Arbitration Institute in Shenzhen from Hong Kong S.A.R. and not less than one-third of outside arbitrators.

    16th International Court of arbitration in accordance with arbitration agreement reached by the parties, accepting foreign and domestic arbitration cases.

    17th article both inside and outside party can agreed select applies Shenzhen international arbitration hospital arbitration rules, and both inside and outside other arbitration institutions of arbitration rules or United Nations international trade method Committee arbitration rules, can agreed on Shenzhen international arbitration hospital arbitration rules about content for change, also can agreed applies legal, and group Chamber way, and trial way, and evidence rules, and arbitration language, and Court to or arbitration to, but its agreed should can implementation, and shall not and arbitration to mandatory legal provides phase conflict.

    18th parties from the Shenzhen Court of international arbitration arbitrators provided by selected members of the arbitral tribunal, may agree on an outside panel of arbitrators selected members of the arbitral tribunal.

    Agreed by the parties to the arbitral tribunal composed of the Panel of arbitrators shall be confirmed by the International Court of arbitration according to law after meeting qualifications of arbitrators, parties can act as an arbitrator, the presiding arbitrator or the sole arbitrator.

    19th an arbitral tribunal according to the independent case, apart from the subject to judicial supervision according to law, without interference from any agency or individual.

    Shenzhen arbitrator of the international arbitration court shall set up strict ethics guidelines, information disclosure system of arbitrators and the arbitrator's system, guarantee the independence and impartiality of the arbitration.

    The fifth chapter financial and human resource management

    20th International Arbitration Court shall establish sound institutions adapted to independent corporate finance, asset management system.

    International Court of arbitration's sources of funding include:

    (A) the arbitration fee;

    (B) charges for mediation and other forms of dispute resolution;

    (Iii) other legal income.

    21st International Arbitration Court shall establish a competitive market-oriented employment mechanism, needed to hire domestic and foreign professionals, specialized dispute resolution services and the construction management team. Total internal institutions, staff of the International Court of arbitration in Shenzhen after the approval by the Council according to the procedure, to establishments of departments after implementation.

    Shenzhen international arbitration court positions in internal institutions set positions, staff movements, to appoint and dismiss such matters as determined by the International Court of arbitration in accordance with the needs, are managed in accordance with the employment contract.

    22nd Shenzhen International Court of arbitration in the light of international practices and the market level, develop a reasonable system of arbitrators, staff compensation and incentive programs, and the establishment of remuneration, the pay adjustment mechanism.

    Staff of the International Court of arbitration in accordance with the relevant provisions of this city to participate in the old-age, medical, unemployment, work injury, maternity and other social

    Sixth chapter supervision mechanism

    Article 23rd applications for property preservation, preservation of evidence request and confirm the effectiveness of the International Court of arbitration arbitration agreement apply, in accordance with the provisions of the relevant laws and regulations, by the judicial authority of competent jurisdiction to review.

    Parties to the arbitration of the International Court of Arbitration ruled that apply to withdraw, perform or not to perform in the territory, or outside the application for recognition and enforcement, in accordance with the provisions of relevant laws and international treaties.

    24th International Panel on Arbitration Council shall establish the following:

    (A) the arbitrators ' qualifications and conduct an exploratory Committee, the appointment of the arbitrator was entitled to review, to supervise the conduct of arbitrators and arbitrators ' dismissal and reappointment to the Governing Council;
(B) the remuneration Committee, arbitrator's remuneration system and remuneration systems for regular assessment and supervision of staff.

    25th International Court of arbitration of the Council on the implementation of management bodies work efficiency and monitor and supervise the effectiveness regularly to assess the performance of the Secretary General and the Deputy Secretary-General.

    26th International Court of arbitration shall be subject to financial supervision and auditing.

    27th International Arbitration Court on its website the following matters should be open, available in the public domain, subject to public supervision:

    (A) approved by the Council of the International Court of arbitration annual report of financial budget (summary) operator reports; (b) the dispute settlement rules, service of process, standards, formats, instrument;

    (C) the arbitrators, mediators and other educational and professional background information about dispute resolution experts;

    (D) laws and regulations relating to the dispute.

    The seventh chapter by-laws 28th article of the regulations as of the date of trial.