法律法規/司法行政/中華人民共和國國務院關於在中國國際貿易促進委員會內設立海事仲裁委員會的決定(附英
【標題】：中華人民共和國國務院關於在中國國際貿易促進委員會內設立海事仲裁委員會的決定(附英文)
【頒佈方】：國務院
【頒佈日期】：19581121
【實施日期】：19581121
【類別】：司法行政
【內容】：決裁在定會海委際委院會華設設文設仲附際貿國共(關和和文(員設在裁關立中設英設中人進立全文為了以仲裁方式解決海事爭議，需要在有關的社會團體內設立海事仲裁機構，茲決定：一、在中國國際貿易促進委員會內設立海事仲裁委員會，以解決：⒈關於海上船舶互相救助、海上船舶和內河船舶互相救助的報酬的爭議；⒉關於海上船舶碰撞、海上船舶和內河船舶碰撞或者海上船舶損壞港口建築物或設備所發生的爭議；⒊關於海上船舶租賃業務、海上船舶代理業務和根據運輸合同、提單或者其他運輸檔而辦理的海上運輸業務以及海上保險等所發生的爭議。（注解：海事仲裁委員會受理案件的範圍，國務院辦公廳一九八二年九月二日的通知中有新規定。）二、海事仲裁委員會根據雙方當事人在爭議發生前或者爭議發生後所簽訂的契約、協議等受理海事爭議案件。海事仲裁委員會對於所受理的案件，可以進行調解。三、海事仲裁委員會由中國國際貿易促進委員會在對於航海、海上運輸、對外貿易、保險和法律等方面具有專門知識的人士中選任委員二十一人至三十一人組成。任期二年。四、海事仲裁委員會就委員中推選主席一人、副主席一人至三人。五、雙方當事人在聲請仲裁爭議案件的時候，各就海事仲裁委員會委員中選定仲裁員一人，並且由雙方選定的仲裁員就海事仲裁委員會委員中推選首席仲裁員一人，組成仲裁庭以合議方式進行審理。雙方當事人也可以就海事仲裁委員會委員中共同選定獨任仲裁員一人，單獨成立仲裁庭進行審理。雙方當事人應當在海事仲裁委員會規定的期限內，或者在雙方協議規定的期限內選定仲裁員，被選定的仲裁員也應當在海事仲裁委員會規定的期限內推選首席仲裁員。如果一方當事人在規定期限內不選定仲裁員，海事仲裁委員會主席依他方當事人的聲請，代為指定仲裁員；如果被選定或者指定的仲裁員，對首席仲裁員的推選，在規定期限內不能達成協議，就由海事仲裁委員會主席代為選任首席仲裁員。六、雙方當事人的任何一方都可以委託海事仲裁委員會選定仲裁員，會同他方的仲裁員推選首席仲裁員組成仲裁庭以合議方式審理爭議案件。如果雙方同意共同委託海事仲裁委員會選定仲裁員，海事仲裁委員會主席可以指定仲裁員一人，單獨成立仲裁庭進行審理。七、雙方當事人在海事仲裁委員會審理爭議案件的時候，可以委派代理人以保護自己的利益。前項代理人可以由中華人民共和國公民或者外國公民擔任。八、對於海事仲裁委員會有權受理的案件，委員會主席可以作出保全措施的決定，並且規定保全要求的數額和方式。前項決定，由中華人民共和國人民法院依一方當事人的聲請依法執行。九、海事仲裁委員會可以徵收仲裁手續費，手續費金額不可以超過爭議金額的百分之二。十、海事仲裁委員會的裁決是終局裁決，雙方當事人都不可以向法院或者其他機關提出變更的要求。十一、海事仲裁委員會的裁決，當事人應當依照裁決所規定的期限自動執行。如果逾期不執行，中華人民共和國人民法院依一方當事人的聲請依法執行。十二、有關仲裁程式的規則，由中國國際貿易促進委員會制定。【名稱】 DECISION OF THE STATE COUNCIL OF THE PEOPLE’S REPUBLIC OF CHINACONCERNING THE ESTABLISHMENT OF A MARITIME ARBITRATION COMMISSION WITH INTHE CHINA COUNCIL FOR THE PROMOTION OF INTERNATIONAL 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 STATE COUNCIL OF THE PEOPLE’S REPUBLIC OF CHINACONCERNING THE ESTABLISHMENT OF A MARITIME ARBITRATION COMMISSION WITHIN THE CHINA COUNCIL FOR THE PROMOTION OF INTERNATIONAL TRADE(Adopted at the 82nd Meeting of the State Council on November 21,1958)With a view to settling maritime disputes through arbitration, it isnecessary to set up an arbitral body within a relevant socialorganization. It is hereby decided as follows:1. There shall be established within the China Council for the Promotionof International Trade a Maritime Arbitration Commission [*1] to settle:a. disputes over the remuneration for salvage services rendered by sea-going vessels to each other or by a sea-going vessel to a river craft orvice versa;b. disputes arising from collisions between sea-going vessels or betweensea-going vessels and river craft or from damages caused by sea-goingvessels to harbour structures or installations;c. disputes arising from chartering sea-going vessels, agency servicesrendered to sea-going vessels, carriage by sea in virtue of contracts ofaffreightment, bills of lading or other shipping documents, as well asdisputes arising from marine insurance.2. The Maritime Arbitration Commission takes cognizance of maritimedisputes in accordance with the relevant contracts, agreements and orother documents concluded between the disputing parties either prior orsubsequent to the occurrence of disputes. The Maritime ArbitrationCommission may endeavour to settle through mediation any dispute of whichit has taken cognizance.3. The Maritime Arbitration Commission shall be composed of 21-31 membersto be selected and appointed by the China Council for the Promotion ofInternational Trade for a term of two years from among persons havingspecial knowledge in navigation, sea transportation, foreign trade,insurance and law.4. The Maritime Arbitration Commission shall elect a Chairman and 1-3Vice-Chairmen from among its members.5. When a dispute is submitted for arbitration, the disputing partiesshall each choose an arbitrator from among the members of the MaritimeArbitration Commission. The arbitrators so chosen shall jointly selectfrom among the members of the Maritime Arbitration Commission a presidingarbitrator to form, in association with the arbitrators, an ArbitrationTribunal to act in a body. The disputing parties may also jointly choosefrom among the members of the Maritime Arbitration Commission a solearbitrator to form by himself a Tribunal to act singly.The disputing parties shall choose the arbitrators within the time fixedby the Maritime Arbitration Commission or agreed upon between the parties,and the arbitrators so chosen shall also select the presiding arbitratorwithin the time fixed by the Maritime Arbitration Commission. If one ofthe parties fails to choose an arbitrator within the prescribed timelimit, the Chairman of the Maritime Arbitration Commission shall then,upon the request of the other party, appoint the arbitrator for the formerparty. If the arbitrators so chosen or appointed cannot agree upon thechoice of the presiding arbitrator within the prescribed time limit, theChairman of the Maritime Arbitration Commission shall then select apresiding arbitrator for them.6. Either of the parties in dispute may authorize the Maritime ArbitrationCommission to choose for him an arbitrator who shall, jointly with thearbitrator chosen by the other party, select a presiding arbitrator toform, in association with the arbitrators, an Arbitration Tribunal to actin a body. If, by mutual agreement, both parties jointly delegate thechoice of arbitrators to the Maritime Arbitration Commission, the Chairmanof the Maritime Arbitration Commission, may appoint a sole arbitrator toform by himself a Tribunal to act singly.7. The disputing parties may appoint attorneys to protect their interestsduring the proceedings of a case before the Maritime ArbitrationCommission.Such attorneys may be citizens of the People’s Republic of China orforeign citizens.8. In cases within the cognizance of the Maritime Arbitration Commission,the Chairman of the Maritime Arbitration Commission may make decisions inrespect of measures of security and determine the amount and form of thesecurity for the claim. Upon the request of one of the parties, thePeople’s Court of the People’s Republic of China shall enforce thedecision referred to in the preceding paragraph in accordance with thelaw.9. The Maritime Arbitration Commission may collect an arbitration fee notexceeding two per cent of the amount of the claim.10. The award handed down by the Maritime Arbitration Commission is finaland neither party shall bring an appeal for revision before a court of lawor any other organization.11. The award by the Maritime Arbitration Commission shall be executed bythe parties themselves within the time fixed by the award. In case anaward is not executed after the expiration of the fixed time, the 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. Rules concerning the Procedure of Arbitration shall be formulated bythe China Council for the Promotion of International Trade.Note:[*1] On June 21, 1988, the State Council renamed the Maritime ArbitrationCommission as the China Maritime Arbitration Commission, and agreed thatthe rules of arbitration procedure shall be amended. - The Editor.
rising from chartering sea-going vessels, agency servicesrendered to sea-going vessels, carriage by sea in virtue of contracts ofaffreightment, bills of lading or other shipping documents, as well asdisputes arising from marine insurance.2. The Maritime Arbitration Commission takes cognizance of maritimedisputes in accordance with the relevant contracts, agreements and orother documents concluded between the disputing parties either prior orsubsequent to the occurrence of disputes. The Maritime ArbitrationCommission may endeavour to settle through mediation any dispute of whichit has taken cognizance.3. The Maritime Arbitration Commission shall be composed of 21-31 membersto be selected and appointed by the China Council for the Promotion ofInternational Trade for a term of two years from among persons havingspecial knowledge in navigation, sea transportation, foreign trade,insurance and law.4. The Maritime Arbitration Commission shall elect a Chairman and 1-3Vice-Chairmen from among its members.5. When a dispute is submitted for arbitration, the disputing partiesshall each choose an arbitrator from among the members of the MaritimeArbitration Commission. The arbitrators so chosen shall jointly selectfrom among the members of the Maritime Arbitration Commission a presidingarbitrator to form, in association with the arbitrators, an ArbitrationTribunal to act in a body. The disputing parties may also jointly choosefrom among the members of the Maritime Arbitration Commission a solearbitrator to form by himself a Tribunal to act singly.The disputing parties shall choose the arbitrators within the time fixedby the Maritime Arbitration Commission or agreed upon between the parties,and the arbitrators so chosen shall also select the presiding arbitratorwithin the time fixed by the Maritime Arbitration Commission. If one ofthe parties fails to choose an arbitrator within the prescribed timelimit, the Chairman of the Maritime Arbitration Commission shall then,upon the request of the other party, appoint the arbitrator for the formerparty. If the arbitrators so chosen or appointed cannot agree upon thechoice of the presiding arbitrator within the prescribed time limit, theChairman of the Maritime Arbitration Commission shall then select apresiding arbitrator for them.6. Either of the parties in dispute may authorize the Maritime ArbitrationCommission to choose for him an arbitrator who shall, jointly with thearbitrator chosen by the other party, select a presiding arbitrator toform, in association with the arbitrators, an Arbitration Tribunal to actin a body. If, by mutual agreement, both parties jointly delegate thechoice of arbitrators to the Maritime Arbitration Commission, the Chairmanof the Maritime Arbitration Commission, may appoint a sole arbitrator toform by himself a Tribunal to act singly.7. The disputing parties may appoint attorneys to protect their interestsduring the proceedings of a case before the Maritime ArbitrationCommission.Such attorneys may be citizens of the People’s Republic of China orforeign citizens.8. In cases within the cognizance of the Maritime Arbitration Commission,the Chairman of the Maritime Arbitration Commission may make decisions inrespect of measures of security and determine the amount and form of thesecurity for the claim. Upon the request of one of the parties, thePeople’s Court of the People’s Republic of China shall enforce thedecision referred to in the preceding paragraph in accordance with thelaw.9. The Maritime Arbitration Commission may collect an arbitration fee notexceeding two per cent of the amount of the claim.10. The award handed down by the Maritime Arbitration Commission is finaland neither party shall bring an appeal for revision before a court of lawor any other organization.11. The award by the Maritime Arbitration Commission shall be executed bythe parties themselves within the time fixed by the award. In case anaward is not executed after the expiration of the fixed time, the 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. Rules concerning the Procedure of Arbitration shall be formulated bythe China Council for the Promotion of International Trade.Note:[*1] On June 21, 1988, the State Council renamed the Maritime ArbitrationCommission as the China Maritime Arbitration Commission, and agreed thatthe rules of arbitration procedure shall be amended. - The Editor.
nd 1-3Vice-Chairmen from among its members.5. When a dispute is submitted for arbitration, the disputing partiesshall each choose an arbitrator from among the members of the MaritimeArbitration Commission. The arbitrators so chosen shall jointly selectfrom among the members of the Maritime Arbitration Commission a presidingarbitrator to form, in association with the arbitrators, an ArbitrationTribunal to act in a body. The disputing parties may also jointly choosefrom among the members of the Maritime Arbitration Commission a solearbitrator to form by himself a Tribunal to act singly.The disputing parties shall choose the arbitrators within the time fixedby the Maritime Arbitration Commission or agreed upon between the parties,and the arbitrators so chosen shall also select the presiding arbitratorwithin the time fixed by the Maritime Arbitration Commission. If one ofthe parties fails to choose an arbitrator within the prescribed timelimit, the Chairman of the Maritime Arbitration Commission shall then,upon the request of the other party, appoint the arbitrator for the formerparty. If the arbitrators so chosen or appointed cannot agree upon thechoice of the presiding arbitrator within the prescribed time limit, theChairman of the Maritime Arbitration Commission shall then select apresiding arbitrator for them.6. Either of the parties in dispute may authorize the Maritime ArbitrationCommission to choose for him an arbitrator who shall, jointly with thearbitrator chosen by the other party, select a presiding arbitrator toform, in association with the arbitrators, an Arbitration Tribunal to actin a body. If, by mutual agreement, both parties jointly delegate thechoice of arbitrators to the Maritime Arbitration Commission, the Chairmanof the Maritime Arbitration Commission, may appoint a sole arbitrator toform by himself a Tribunal to act singly.7. The disputing parties may appoint attorneys to protect their interestsduring the proceedings of a case before the Maritime ArbitrationCommission.Such attorneys may be citizens of the People’s Republic of China orforeign citizens.8. In cases within the cognizance of the Maritime Arbitration Commission,the Chairman of the Maritime Arbitration Commission may make decisions inrespect of measures of security and determine the amount and form of thesecurity for the claim. Upon the request of one of the parties, thePeople’s Court of the People’s Republic of China shall enforce thedecision referred to in the preceding paragraph in accordance with thelaw.9. The Maritime Arbitration Commission may collect an arbitration fee notexceeding two per cent of the amount of the claim.10. The award handed down by the Maritime Arbitration Commission is finaland neither party shall bring an appeal for revision before a court of lawor any other organization.11. The award by the Maritime Arbitration Commission shall be executed bythe parties themselves within the time fixed by the award. In case anaward is not executed after the expiration of the fixed time, the 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. Rules concerning the Procedure of Arbitration shall be formulated bythe China Council for the Promotion of International Trade.Note:[*1] On June 21, 1988, the State Council renamed the Maritime ArbitrationCommission as the China Maritime Arbitration Commission, and agreed thatthe rules of arbitration procedure shall be amended. - The Editor.
Arbitration Commission shall then,upon the request of the other party, appoint the arbitrator for the formerparty. If the arbitrators so chosen or appointed cannot agree upon thechoice of the presiding arbitrator within the prescribed time limit, theChairman of the Maritime Arbitration Commission shall then select apresiding arbitrator for them.6. Either of the parties in dispute may authorize the Maritime ArbitrationCommission to choose for him an arbitrator who shall, jointly with thearbitrator chosen by the other party, select a presiding arbitrator toform, in association with the arbitrators, an Arbitration Tribunal to actin a body. If, by mutual agreement, both parties jointly delegate thechoice of arbitrators to the Maritime Arbitration Commission, the Chairmanof the Maritime Arbitration Commission, may appoint a sole arbitrator toform by himself a Tribunal to act singly.7. The disputing parties may appoint attorneys to protect their interestsduring the proceedings of a case before the Maritime ArbitrationCommission.Such attorneys may be citizens of the People’s Republic of China orforeign citizens.8. In cases within the cognizance of the Maritime Arbitration Commission,the Chairman of the Maritime Arbitration Commission may make decisions inrespect of measures of security and determine the amount and form of thesecurity for the claim. Upon the request of one of the parties, thePeople’s Court of the People’s Republic of China shall enforce thedecision referred to in the preceding paragraph in accordance with thelaw.9. The Maritime Arbitration Commission may collect an arbitration fee notexceeding two per cent of the amount of the claim.10. The award handed down by the Maritime Arbitration Commission is finaland neither party shall bring an appeal for revision before a court of lawor any other organization.11. The award by the Maritime Arbitration Commission shall be executed bythe parties themselves within the time fixed by the award. In case anaward is not executed after the expiration of the fixed time, the 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. Rules concerning the Procedure of Arbitration shall be formulated bythe China Council for the Promotion of International Trade.Note:[*1] On June 21, 1988, the State Council renamed the Maritime ArbitrationCommission as the China Maritime Arbitration Commission, and agreed thatthe rules of arbitration procedure shall be amended. - The Editor.
of a case before the Maritime ArbitrationCommission.Such attorneys may be citizens of the People’s Republic of China orforeign citizens.8. In cases within the cognizance of the Maritime Arbitration Commission,the Chairman of the Maritime Arbitration Commission may make decisions inrespect of measures of security and determine the amount and form of thesecurity for the claim. Upon the request of one of the parties, thePeople’s Court of the People’s Republic of China shall enforce thedecision referred to in the preceding paragraph in accordance with thelaw.9. The Maritime Arbitration Commission may collect an arbitration fee notexceeding two per cent of the amount of the claim.10. The award handed down by the Maritime Arbitration Commission is finaland neither party shall bring an appeal for revision before a court of lawor any other organization.11. The award by the Maritime Arbitration Commission shall be executed bythe parties themselves within the time fixed by the award. In case anaward is not executed after the expiration of the fixed time, the 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. Rules concerning the Procedure of Arbitration shall be formulated bythe China Council for the Promotion of International Trade.Note:[*1] On June 21, 1988, the State Council renamed the Maritime ArbitrationCommission as the China Maritime Arbitration Commission, and agreed thatthe rules of arbitration procedure shall be amended. - The Editor.
e time fixed by the award. In case anaward is not executed after the expiration of the fixed time, the 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. Rules concerning the Procedure of Arbitration shall be formulated bythe China Council for the Promotion of International Trade.Note:[*1] On June 21, 1988, the State Council renamed the Maritime ArbitrationCommission as the China Maritime Arbitration Commission, and agreed thatthe rules of arbitration procedure shall be amended. - The Editor.
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【序號】：1466