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Arbitration Law of the People's Republic of China

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Note: Adopted by the 9th Meeting of the Standing Committee of the eighth National People's Congress on August 31, 1994 And pro
 Adopted by the 9th Meeting of the Standing Committee of the eighth National People's Congress on August 31, 1994 And promulgated by the Decree No.31 of the president of the People's Republic of China on August 31, 1994

Chapter I General Provisions

Article 1 The law is formulated with a view to ensure fair and timely arbitration of economic disputes, reliable protection to legitimate rights and interests of parties concerned and a healthy development of the socialist market economy.

Article 2 Contractual disputes between citizens of equal status, legal persons and other economic organizations and disputes arising from property rights may be put to arbitration.

Article 3 The following disputes cannot be put to arbitration:

1. Disputes arising from marriage, adoption, guardianship, bringing up of children and inheritance.

2. Disputes that have been stipulated by law to be settled by administrative organs.

Article 4 In settling disputes through arbitration, an agreement to engage in arbitration should first of all be reached by parties concerned upon free will. Without such an agreement, the arbitration commission shall refuse to accept the application for arbitration by any one single party.

Article 5 Whereas the parties concerned have reached an agreement for arbitration, the people's court shall not accept the suit brought to the court by any one single party involved, except in case where the agreement for arbitration is invalid.

Article 6 The members of the arbitration commission shall be chosen by the parties concerned.

Arbitration shall not be subject to the jurisdiction of administrative departments at any level and region.

Article 7 Arbitration shall be made based on true facts and relative laws to give out a fair and reasonable settlement for parties concerned.

Article 8 Arbitration shall be conducted independently according to law, free from interference of administrative organs, social groups or individuals.

Article 9 The arbitration award is final. After the award is given, the arbitration commission or the people's court shall not accept the re- application of the suit concerning the same dispute by any of the parties concerned.

Whereas the award cancelled or put in void under a rule by the people's court, the parties concerned for the dispute may reach another agreement for arbitration and apply for arbitration or bring a suit in the people's court.  
Arbitration Law of the People's Republic of China.docx

 
 
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