法律法規/司法行政/中央人民政府政務院關於在中國國際貿易促進委員會內設立對外貿易仲裁委員會的決定(附
【標題】：中央人民政府政務院關於在中國國際貿易促進委員會內設立對外貿易仲裁委員會的決定(附英文)
【頒佈方】：國務院/政務院
【頒佈日期】：19540506
【實施日期】：19540506
【類別】：司法行政
【內容】：對央委的府員易促對進仲委內政外立委國民關國央委中決國際文委對在院在關委院于仲國進員促進【章名】 全文
為了以仲裁方式解決對外貿易中可能發生的爭議，需要在有關對外貿易的社會團體內設立仲裁機構，茲決定如下：
一、在中國國際貿易促進委員會內設立對外貿易仲裁委員會（以下簡稱仲裁委員會），以解決對外貿易契約及交易中可能發生的爭議，特別是外國商號、公司或其他經濟組織與中國商號、公司或其他經濟組織間的爭議。（注解：仲裁委員會的名稱和受理案件的範圍，國務院一九八Ｏ年二月二十六日的通知中有新規定。）
二、仲裁委員會根據雙方當事人間簽訂的有關合同、協議等受理對外貿易之爭議案件。
三、仲裁委員會由中國國際貿易促進委員會在對於對外貿易、商業、工業、農業、運輸、保險和其他有關事業以及法律方面具有專門知識與經驗之人士中選任委員１５人至２１人組成之，其任期為一年。
四、仲裁委員會就委員中推選主席一人、副主席二人。
五、雙方當事人于聲請仲裁爭議案件時，各就仲裁委員會委員中選定一人為仲裁員，並由雙方選定之仲裁員就仲裁委員會委員中共同推選一人為首席仲裁員，共同審理；雙方當事人亦得就仲裁委員會委員中共同選定一人為仲裁員，單獨審理。
雙方當事人應在仲裁委員會規定之期限內，或在雙方協議規定之期限內選定仲裁員，被選定的仲裁員亦應在仲裁委員會規定之期限內推選首席仲裁員。如一方當事人在規定期限內不選定仲裁員，仲裁委員會主席依他方當事人之聲請，代為指定仲裁員；如被選定或指定的仲裁員對首席仲裁員之推選，在規定期限內不能達成協議，則由仲裁委員會主席代為選任首席仲裁員。
六、雙方當事人之任何一方，均得委託仲裁委員會選定仲裁員，會同他方之仲裁員推選首席仲裁員共同審理爭議案件。如雙方同意共同委託仲裁委員會選定仲裁員，仲裁委員會主席得指定仲裁員一人，單獨審理。
七、雙方當事人在仲裁委員會審理爭議案件時，得委派代理人保護自己之利益。
前項代理人得由中華人民共和國公民或外國公民充任之。
八、仲裁委員會審理爭議案件時，為保全當事人之權利，對與當事人有關之物資、產權等得規定臨時辦法。
九、仲裁委員會為補償仲裁費用，得徵收手續費，其金額不得超過爭議金額百分之一。
十、仲裁委員會之裁決為終局裁決，雙方當事人均不得向法院或其他機關提出變更之要求。
十一、仲裁委員會之裁決，當事人應依照裁決所規定之期限自動執行，如逾期不執行，中華人民共和國人民法院依一方當事人之聲請依法執行之。
十二、有關仲裁程式之規則，由中國國際貿易促進委員會制定之。
【名稱】 DECISION OF THE GOVERNMENT ADMINISTRATION COUNCIL OF THE CENTRALPEOPLE’S GOVERNMENT CONCERNING THE ESTABLISHMENT OF A FOREIGN TRADEARBITRATION COMMISSION WITHIN THE CHINA COUNCIL FOR THE PROMOTION OFINTERNATIONAL TRADE
【題注】
【章名】 Important Notice: (注意事項)
英文本源自中華人民共和國務院法制局編譯, 中國法制出版社出版的《中華人民共和國涉外法規彙編》(1991年7月版).
當發生歧意時, 應以法律法規頒佈單位發佈的中文原文為准.This English document is coming from the "LAWS AND REGULATIONS OF THEPEOPLE’S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)which is compiled by the Brueau of Legislative Affairs of the StateCouncil of the People’s Republic of China, and is published by the ChinaLegal System Publishing House.In case of discrepancy, the original version in Chinese shall prevail.
【章名】 Whole Document (法規全文)DECISION OF THE GOVERNMENT ADMINISTRATION COUNCIL OF THE CENTRALPEOPLE’S GOVERNMENT CONCERNING THE ESTABLISHMENT OF A FOREIGN TRADEARBITRATION COMMISSION WITHIN THE CHINA COUNCIL FOR THE PROMOTION OFINTERNATIONAL TRADE(Adopted at the 215th Executive Meeting of the Government Admini-stration Council on May 6, 1954)With a view to settling by way of arbitration disputes that may arise inthe conduct of foreign trade, it is necessary to set up an arbitral bodywithin a social organization relating to foreign trade. It is herebydecided as follows:1. There shall be established, within the China Council for the Promotionof International Trade, a Foreign Trade Arbitration Commission(hereinafter referred to as the Arbitration Commission) to settle disputesthat may arise in contracts and transactions in foreign trade,particularly those between foreign firms, companies or other economicorganizations on the one hand and Chinese firms, companies or othereconomic organizations on the other. [*1]2. The Arbitration Commission shall take cognizance of disputes in foreigntrade on the basis of the relevant contracts, agreements and/or otherdocuments concluded between the disputing parties.3. The Arbitration Commission shall be composed of 15 to 21 members to beselected and appointed by the China Council for the Promotion ofInternational Trade for a term of one year from among persons having therequired expertise and experience in foreign trade, commerce, industry,agriculture, transportation, insurance and other related fields as well asin law.4. The Arbitration Commission shall elect a Chairman and two Vice-Chairmenfrom among its members.5. When a case of dispute is submitted for arbitration, the disputingparties shall each choose an arbitrator from among the members of theArbitration Commission. The arbitrators so chosen shall jointly select apresiding arbitrator from among the members of the Arbitration Commissionto hear the case jointly with the arbitrators. The disputing parties mayalso jointly choose a sole arbitrator from among the members of theArbitration Commission to hear the case alone.The disputing parties shall choose the arbitrators within the time fixedby the Arbitration Commission or agreed upon between the parties, and thearbitrators so chosen shall also select the presiding arbitrator withinthe time fixed by the Arbitration Commission. If one of the parties failsto choose an arbitrator within the prescribed time limit, the Chairman ofthe Arbitration Commission shall, upon the request of the other party,appoint the arbitrator on the former’s behalf. In case the arbitrators sochosen or appointed cannot agree upon the choice of the presidingarbitrator within the prescribed time limit, the Chairman of theArbitration Commission may appoint a presiding arbitrator for them.6. Either of the parties in dispute may entrust the Arbitration Commissionto choose for him an arbitrator who shall, jointly with the arbitratorchosen by the other party, select a presiding arbitrator to hear thedisputed case. If, by mutual agreement, both parties jointly delegate thechoice of arbitrators to the Arbitration Commission, the Chairman of theArbitration Commission may appoint a sole arbitrator to hear the casealone.7. The disputing parties may authorize attorneys to defend their interestsduring the hearings of a case before the Arbitration Commission.Such attorneys may be citizens of the People’s Republic of China orforeign citizens.8. During the hearings of a case, the Arbitration Commission may, for thepurpose of safeguarding the interests of the disputing parties, prescribeprovisional measures concerning the parties’ materials, property rights,etc.9. To compensate for the costs of arbitration, the Arbitration Commissionmay collect arbitration fee not exceeding one per cent of the amount indispute.10. The award handed down by the Arbitration Commission is final andneither party shall bring an appeal for revision before a court or anyother organ.11. The award of the Arbitration Commission shall be executed by theparties of their own accord within the time fixed by the award. In case anaward is not executed after the expiration of the fixed time, a people’scourt of the People’s Republic of China shall, upon the request of one ofthe parties, enforce it in accordance with the law.12. Arbitration rules shall be formulated by the China Council for thePromotion of International Trade.Note:[*1] According to the Notice of the State Council circulated on February26, 1980, the Foreign Trade Arbitration Commission was renamed as theForeign Economic and Trade Arbitration Commission and new provisions wereformulated concerning the scope of cases to be taken cognizance of by theCommission. On June 21, 1988, the State Council further renamed theForeign Economic and Trade Arbitration Commission as the ChinaInternational Economic and Trade Arbitration Commission and approved theamendments of its arbitration rules - The Editor.
Chinese firms, companies or othereconomic organizations on the other. [*1]2. The Arbitration Commission shall take cognizance of disputes in foreigntrade on the basis of the relevant contracts, agreements and/or otherdocuments concluded between the disputing parties.3. The Arbitration Commission shall be composed of 15 to 21 members to beselected and appointed by the China Council for the Promotion ofInternational Trade for a term of one year from among persons having therequired expertise and experience in foreign trade, commerce, industry,agriculture, transportation, insurance and other related fields as well asin law.4. The Arbitration Commission shall elect a Chairman and two Vice-Chairmenfrom among its members.5. When a case of dispute is submitted for arbitration, the disputingparties shall each choose an arbitrator from among the members of theArbitration Commission. The arbitrators so chosen shall jointly select apresiding arbitrator from among the members of the Arbitration Commissionto hear the case jointly with the arbitrators. The disputing parties mayalso jointly choose a sole arbitrator from among the members of theArbitration Commission to hear the case alone.The disputing parties shall choose the arbitrators within the time fixedby the Arbitration Commission or agreed upon between the parties, and thearbitrators so chosen shall also select the presiding arbitrator withinthe time fixed by the Arbitration Commission. If one of the parties failsto choose an arbitrator within the prescribed time limit, the Chairman ofthe Arbitration Commission shall, upon the request of the other party,appoint the arbitrator on the former’s behalf. In case the arbitrators sochosen or appointed cannot agree upon the choice of the presidingarbitrator within the prescribed time limit, the Chairman of theArbitration Commission may appoint a presiding arbitrator for them.6. Either of the parties in dispute may entrust the Arbitration Commissionto choose for him an arbitrator who shall, jointly with the arbitratorchosen by the other party, select a presiding arbitrator to hear thedisputed case. If, by mutual agreement, both parties jointly delegate thechoice of arbitrators to the Arbitration Commission, the Chairman of theArbitration Commission may appoint a sole arbitrator to hear the casealone.7. The disputing parties may authorize attorneys to defend their interestsduring the hearings of a case before the Arbitration Commission.Such attorneys may be citizens of the People’s Republic of China orforeign citizens.8. During the hearings of a case, the Arbitration Commission may, for thepurpose of safeguarding the interests of the disputing parties, prescribeprovisional measures concerning the parties’ materials, property rights,etc.9. To compensate for the costs of arbitration, the Arbitration Commissionmay collect arbitration fee not exceeding one per cent of the amount indispute.10. The award handed down by the Arbitration Commission is final andneither party shall bring an appeal for revision before a court or anyother organ.11. The award of the Arbitration Commission shall be executed by theparties of their own accord within the time fixed by the award. In case anaward is not executed after the expiration of the fixed time, a people’scourt of the People’s Republic of China shall, upon the request of one ofthe parties, enforce it in accordance with the law.12. Arbitration rules shall be formulated by the China Council for thePromotion of International Trade.Note:[*1] According to the Notice of the State Council circulated on February26, 1980, the Foreign Trade Arbitration Commission was renamed as theForeign Economic and Trade Arbitration Commission and new provisions wereformulated concerning the scope of cases to be taken cognizance of by theCommission. On June 21, 1988, the State Council further renamed theForeign Economic and Trade Arbitration Commission as the ChinaInternational Economic and Trade Arbitration Commission and approved theamendments of its arbitration rules - The Editor.
e Arbitration Commissionto hear the case jointly with the arbitrators. The disputing parties mayalso jointly choose a sole arbitrator from among the members of theArbitration Commission to hear the case alone.The disputing parties shall choose the arbitrators within the time fixedby the Arbitration Commission or agreed upon between the parties, and thearbitrators so chosen shall also select the presiding arbitrator withinthe time fixed by the Arbitration Commission. If one of the parties failsto choose an arbitrator within the prescribed time limit, the Chairman ofthe Arbitration Commission shall, upon the request of the other party,appoint the arbitrator on the former’s behalf. In case the arbitrators sochosen or appointed cannot agree upon the choice of the presidingarbitrator within the prescribed time limit, the Chairman of theArbitration Commission may appoint a presiding arbitrator for them.6. Either of the parties in dispute may entrust the Arbitration Commissionto choose for him an arbitrator who shall, jointly with the arbitratorchosen by the other party, select a presiding arbitrator to hear thedisputed case. If, by mutual agreement, both parties jointly delegate thechoice of arbitrators to the Arbitration Commission, the Chairman of theArbitration Commission may appoint a sole arbitrator to hear the casealone.7. The disputing parties may authorize attorneys to defend their interestsduring the hearings of a case before the Arbitration Commission.Such attorneys may be citizens of the People’s Republic of China orforeign citizens.8. During the hearings of a case, the Arbitration Commission may, for thepurpose of safeguarding the interests of the disputing parties, prescribeprovisional measures concerning the parties’ materials, property rights,etc.9. To compensate for the costs of arbitration, the Arbitration Commissionmay collect arbitration fee not exceeding one per cent of the amount indispute.10. The award handed down by the Arbitration Commission is final andneither party shall bring an appeal for revision before a court or anyother organ.11. The award of the Arbitration Commission shall be executed by theparties of their own accord within the time fixed by the award. In case anaward is not executed after the expiration of the fixed time, a people’scourt of the People’s Republic of China shall, upon the request of one ofthe parties, enforce it in accordance with the law.12. Arbitration rules shall be formulated by the China Council for thePromotion of International Trade.Note:[*1] According to the Notice of the State Council circulated on February26, 1980, the Foreign Trade Arbitration Commission was renamed as theForeign Economic and Trade Arbitration Commission and new provisions wereformulated concerning the scope of cases to be taken cognizance of by theCommission. On June 21, 1988, the State Council further renamed theForeign Economic and Trade Arbitration Commission as the ChinaInternational Economic and Trade Arbitration Commission and approved theamendments of its arbitration rules - The Editor.
Commissionto choose for him an arbitrator who shall, jointly with the arbitratorchosen by the other party, select a presiding arbitrator to hear thedisputed case. If, by mutual agreement, both parties jointly delegate thechoice of arbitrators to the Arbitration Commission, the Chairman of theArbitration Commission may appoint a sole arbitrator to hear the casealone.7. The disputing parties may authorize attorneys to defend their interestsduring the hearings of a case before the Arbitration Commission.Such attorneys may be citizens of the People’s Republic of China orforeign citizens.8. During the hearings of a case, the Arbitration Commission may, for thepurpose of safeguarding the interests of the disputing parties, prescribeprovisional measures concerning the parties’ materials, property rights,etc.9. To compensate for the costs of arbitration, the Arbitration Commissionmay collect arbitration fee not exceeding one per cent of the amount indispute.10. The award handed down by the Arbitration Commission is final andneither party shall bring an appeal for revision before a court or anyother organ.11. The award of the Arbitration Commission shall be executed by theparties of their own accord within the time fixed by the award. In case anaward is not executed after the expiration of the fixed time, a people’scourt of the People’s Republic of China shall, upon the request of one ofthe parties, enforce it in accordance with the law.12. Arbitration rules shall be formulated by the China Council for thePromotion of International Trade.Note:[*1] According to the Notice of the State Council circulated on February26, 1980, the Foreign Trade Arbitration Commission was renamed as theForeign Economic and Trade Arbitration Commission and new provisions wereformulated concerning the scope of cases to be taken cognizance of by theCommission. On June 21, 1988, the State Council further renamed theForeign Economic and Trade Arbitration Commission as the ChinaInternational Economic and Trade Arbitration Commission and approved theamendments of its arbitration rules - The Editor.
d handed down by the Arbitration Commission is final andneither party shall bring an appeal for revision before a court or anyother organ.11. The award of the Arbitration Commission shall be executed by theparties of their own accord within the time fixed by the award. In case anaward is not executed after the expiration of the fixed time, a people’scourt of the People’s Republic of China shall, upon the request of one ofthe parties, enforce it in accordance with the law.12. Arbitration rules shall be formulated by the China Council for thePromotion of International Trade.Note:[*1] According to the Notice of the State Council circulated on February26, 1980, the Foreign Trade Arbitration Commission was renamed as theForeign Economic and Trade Arbitration Commission and new provisions wereformulated concerning the scope of cases to be taken cognizance of by theCommission. On June 21, 1988, the State Council further renamed theForeign Economic and Trade Arbitration Commission as the ChinaInternational Economic and Trade Arbitration Commission and approved theamendments of its arbitration rules - The Editor.
rbitration Commission as the ChinaInternational Economic and Trade Arbitration Commission and approved theamendments of its arbitration rules - The Editor.
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【序號】：1468