Arbitration Rules of Harbin Arbitration Commission(英文版）

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Chapter I General Provisions

Article 1 Purpose and Basis

These Rules are formulated in accordance with the Arbitration Law of the People's Republic of China and the provisions of other relevant laws to protect the legitimate rights and interests of the parties through independent, impartial and prompt arbitration of civil and commercial disputes.

Article 2 Harbin Arbitration Commission

2.1 Harbin Arbitration Commission (hereinafter referred to as“HRBAC”) is an arbitration institution which is registered and established in Harbin, China for resolving civil and commercial disputes in accordance with the Arbitration Law.

2.2 The Director of HRBAC, or, with the authorisation of the Director, one of the Vice-Directors or the Secretary-General of HRBAC, shall perform the functions and duties vested in the Director by these Rules.

2.3 The Harbin Arbitration Commission Office, as the operational body of HRBAC, shall handle the day-to-day affairs of HRBAC. For each case, the Office shall designate an arbitration secretary, who shall attend to the procedural administration and the provision of services relating to the case.

2.4 HRBAC may establish branches as needed. The branches shall, within its respective region or industry, be responsible for the promotion of arbitration law and handle the acceptance, service of process, and hearing of arbitration cases.

Article 3 Acceptance of Disputes

3.1 Natural persons, legal persons and other organizations may submit their contractual disputes or other disputes over rights and interests in property to HRBAC.

3.2 The following disputes shall not be submitted to HRBAC for arbitration:

(a) Disputes over marriage, adoption, guardianship, support, or inheritance;

(b) Labor disputes, or disputes over agricultural contractor's contracts arising within the rural collective economic organizations;

(c) Administrative disputes that should be handled by administrative agencies according to the law.

Article 4 Scope of Application

4.1 The Rules shall apply where the parties have agreed to submit their dispute to HRBAC for arbitration.

4.2 Where the parties have agreed on certain procedural matters or the application of a different set of arbitration rules, their agreement shall prevail, unless the agreement is unenforceable or in conflict with the mandatory rules of law of the seat of arbitration.

4.3 Where the parties agree, for the purpose of simplifying the procedure, on the constitution of the tribunal, mode of trial, ruling, answering period, time and place of the hearing, and place of service, such agreement shall prevail upon the confirmation of HRBAC.

4.4 In respect of any matters not expressly provided for in these Rules, HRBAC may administer or the Arbitral Tribunal may conduct the arbitral proceedings in such a manner as it deems appropriate.

4.5 If any special rules formulated by HRBAC are inconsistent with these Rules, the special rules shall prevail. These Rules apply to those not covered by the special rules.

Article 5 Principle of Good Faith

5.1 Arbitration participants shall follow the principle of good faith and sign a letter of good faith.

5.2 Where a party or its agent makes false representation or submits false documents, it shall bear the corresponding consequences.

5.3 Where a party or its agent's violation of these Rules or the decision of the Tribunal resulted in delay or increased expense of the procedure, it shall bear the corresponding consequences.

Article 6 Confidentiality

6.1 All arbitration hearings shall be conducted in private. Participants to the arbitration shall keep the case information confidential, unless otherwise provided by law.

6.2 If the parties agree on a public hearing, the arbitration hearing may proceed in public, except where the case involves state secrets, trade secrets, know-how or any relevant circumstances in which the Arbitral Tribunal considers that a public hearing is inappropriate.

Article 7 Waiver of the Right to Object

A party who knows or ought to have known of a failure to comply with any provision of the Rules or any term of the arbitration agreement, but nevertheless takes part in or continues to take part in the arbitral proceedings without promptly raising its objection in writing, shall be deemed to have waived its right to object to such non-compliance.

Chapter II Jurisdiction

Article 8 Arbitration Agreement

8.1 An arbitration agreement is an agreement by which the parties agree to submit to arbitration any dispute which has arisen or which may arise from or in connection with a civil or commercial dispute. An arbitration agreement may take the form of an arbitration clause included in a contract or in any other written forms.

8.2 Other written forms include contracts, letters and electronic data messages (including telexes, facsimiles, electronic data interchange, and e-mails), and any other form where the contents are retrievable.

8.3 A party or its agent may, through the invitation of HRBAC, invite the other party to sign an arbitration agreement. With the other party's signature, the arbitration invitation signed or stamped shall be deemed as an arbitration agreement reached by the parties.

Article 9 Independence of Arbitration Agreement

An arbitration agreement shall be independent of the contract in which it is contained. The independence of the arbitration agreement shall not be affected by the fact that the contract has been modified, assigned, rescinded, terminated, or is null and void, or not yet in force, or avoided, or whether or not the contract has been concluded.

Article 10 Validity of Arbitration Agreement

10.1 The arbitration clause in a contract shall apply to the dispute arising from the supplementary contract and the annex to the contract, unless otherwise agreed by the parties.

10.2 Where a party's legal personality changes due to reasons such as merger, split, termination or cancellation, the arbitration agreement shall be valid for the successor of its rights and obligations, unless otherwise agreed by the parties.

10.3 Where a party deceases, the arbitration agreement shall be valid for the successor who inherits the rights and obligations in the arbitration, unless otherwise agreed by the parties.

10.4 Where the rights or obligations are transferred in whole or in part, the arbitration agreement is valid for the transferee, except when the transferee expressly objects to arbitration, or he does not know the existence of a separate arbitration agreement, or the parties agree otherwise when the transfer takes place.

Article 11 Jurisdiction

11.1 If the parties specify or presume HRBAC as the arbitration institution in their arbitration agreement, or if the arbitration agreement, without specifying an arbitration institution, yet chooses Harbin as the seat of arbitration , the arbitration shall be conducted by HRBAC.

11.2 Where the parties agree in the arbitration agreement to apply these Rules or the special Rules formulated by HRBAC without specifying the arbitration institution, the arbitration shall be conducted by HRBAC.

11.3 If the parties stipulate in the arbitration agreement that arbitration shall be conducted by a branch of HRBAC, while the agreed branch of HRBAC does not exist or having been revoked, the arbitration shall be conducted by HRBAC.

Article 12 Objection to Jurisdiction

12.1 If a party objects to the existence or validity of an arbitration agreement or to jurisdiction, it may raise an objection in written form. An objection shall be raised before the first hearing. Where the parties have agreed to a documents-only arbitration, the objection shall be raised within the time limit for the submission of the defence. If a party fails to raise any objection to jurisdiction, it shall be deemed to have accepted that HRBAC has jurisdiction.

12.2 If a party raises an objection to jurisdiction, HRBAC shall make a decision. If HRBAC considers that the situation is complicated and needs to find out the relevant facts, it may authorize the Arbitral Tribunal to do so and shall make a decision thereafter.

12.3 If in the proceedings the Arbitral Tribunal finds that the decision on jurisdiction made by HRBAC is inconsistent with the relevant facts and evidence, the Arbitral Tribunal may submit the case to HRBAC for a new decision.

12.4 In the case that a party applied to a people's court for determining the validity of the arbitration agreement and the people's court has ruled that HRBAC has jurisdiction, the Arbitral Tribunal shall continue the arbitral proceedings; if an Arbitral Tribunal has not been constituted, the time limit for a respondent to submit defense shall be recalculated from the date on which the decision of resuming arbitral proceedings is served. If the people's court has ruled that HRBAC has no jurisdiction, the parties may withdraw the arbitration application or HRBAC may make a decision to dismiss the case.

Chapter III Application, Acceptance, Defense and Counterclaim

Article 13 Application for Arbitration

13.1 The Claimant applying for arbitration under these Rules shall meet the following requirements:

(a)  There is an arbitration agreement submitted to HRBAC for arbitration;

(b)  There are specific arbitration requests and the facts and reasons thereof;

(c)  Arbitration matters fall within HRBAC's jurisdiction.

13.2 When applying for arbitration, the Claimant shall submit the Application for Arbitration and the following documents:

(a)  Arbitration agreement;

(b)  Proof of the parties' identities;

(c)  Evidence or other supporting materials on which the arbitration application is based;

(d)  The Claimant's service address and the service address confirmation;

(e)  Other materials required by HRBAC.

13.3  The Application for Arbitration shall include:

(a) The name, title, address, postal code and telephone number of the parties as well as the name, title and contact information of the legal representative;

(b) The claims of the Claimant and the facts and grounds thereof；

(c) The Application for Arbitration shall be signed by and/or affixed with the seal of the Claimant.

13.4 The party applying for arbitration shall prepay the arbitration fee in accordance with the provisions of HRBAC.

13.5 If there are financial difficulties for the party to advance the arbitration fees, they may apply to HRBAC for deferred payment or fee reduction. The application for arbitration shall be deemed to have been withdrawn if the party has neither paid the arbitration fee in full in due time, nor filed the application for deferred payment or reduction of fee.

Article 14 Acceptance

14.1 HRBAC shall, if it finds that the requirements for acceptance have been met, accept the Application for Arbitration within 5 days from the date of receipt of the application. Within 5 days of the acceptance of the Application for Arbitration, HRBAC shall send to the Claimant a notice of acceptance, a copy of the Rules, a list of HRBAC's Panel of Arbitrators and an arbitrators nomination form. HRBAC shall send to the Respondent a Notice of Arbitration, as well as a copy of the Application for Arbitration, together with its attachments, a copy of the Rules, a list of the Panel of Arbitrators and an arbitrators nomination form.

14.2 If HRBAC considers that the application does not comply with the requirements for acceptance, it shall notify the Claimant in writing that the application will not be accepted and explain the reasons.

14.3 If the application materials are incomplete or ambiguous, the Claimant may rectify it within a specified time limit, and the Claimant shall be deemed to have waived the Application for Arbitration if he fails to do so. The date of the completion of such rectification shall be deemed as the date of acceptance.

14.4 The arbitral proceedings begins on the date of acceptance of the arbitration application by HRBAC.

Article 15 Defence

15.1 Within 10 days of receiving the Notice of Arbitration, the Respondent shall submit the following documents to HRBAC:

(a) The Statement of Defence, containing the following information: the name, address, postal code and telephone number of the parties as well as the name, title and contact information of the legal representative; the defence of the Respondent and the facts and grounds on which the defence is based; the Statement of Defence shall be signed by and/or affixed with the seal of the Respondent and/or its legal representative or the person-in-charge;

(b) Proof of the Respondent's identity;

(c) Evidence and other evidential materials on which the defence is based;

(d) Service address of the Respondent and the service address confirmation;

(e) Other materials requested by HRBAC.

15.2 Within 3 days from the date of receipt of the Statement of Defense, HRBAC shall send a copy of the Statement of Defense to the Claimant.

15.3 Failure of the Respondent to submit the Statement of Defense must not impede the arbitral proceedings.

Article 16 Counterclaim

16.1 The Respondent is entitled to file a counterclaim. The parties to the counterclaim are limited to the parties to the arbitration.

16.2 The Respondent shall submit the Statement of Counterclaim to HRBAC within 10 days from the date of receiving the Notice of Arbitration. If the Statement of Counterclaim is not submitted within the stipulated period of time, HRBAC shall decide or authorize the tribunal to decide whether or not to accept the Statement of Counterclaim.

16.3 HRBAC shall accept the case if it has satisfied all the requirements for case acceptance, and it shall send to the Respondent a Notice of Counterclaim Acceptance within 5 days from the date of receiving the counterclaim. The Respondent shall, within the time limit specified by HRBAC, pay the arbitration fee in advance. The respondent who fails to pay the fees for arbitration in due time shall be deemed to have withdrawn his counterclaim.

16.4 Where this Article is silent regarding counterclaims, relevant provisions of these Rules on claims in an arbitration shall apply.

Article 17 Amendments to Claims or Counterclaims

17.1 A party may apply to amend its claims or counterclaims. An application to amend shall be made in writing.

17.2 HRBAC shall decide or authorize the tribunal to decide whether or not to accept the amendments. The tribunal may refuse if such amendment may adversely affect the ordinary course of the arbitral proceedings.

17.3 If a party amends the claim during a hearing, and the other party raises defence or waives the right to defend during the hearing, the tribunal shall continue the hearing proceedings.

17.4 Where this Article is silent regarding issues relating to the amendments to claims or counterclaims, with respect to their application, acceptance or defence, the relevant provisions of this Chapter shall apply.

Article 18: Joinder of Additional Parties under the Arbitration Agreement

18.1 Where the Claimant applies to join an additional party to the arbitration as a joint applicant and the additional party has acknowledged the on-going proceedings, HRBAC shall decide or authorize the tribunal to decide whether or not to grant the application.

18.2 A third party's application to join the arbitration shall be subject to the Claimant's consent and the third party must acknowledge the on-going proceedings. HRBAC shall decide or authorize the tribunal to decide whether or not to grant the application.

Article 19: Joinder of Additional Parties Uncovered by the Arbitration Agreement

19.1 Where a third party is to join the arbitration as a joint claimant or joint respondent, all parties, including the additional party to be joined, shall consent to the joinder of the additional party. All parties shall conclude an arbitration agreement, and the joinder shall acknowledge the on-going proceedings. The HRBAC shall decide or authorize the tribunal to decide whether or not to grant the joinder.

19.2 If the third party refuses to join the arbitral proceedings, and the Arbitral Tribunal considers the absence of the third party has made the basic conditions of making an award insufficient, the tribunal may recommend the Claimant withdraw the application. If the Claimant disagrees with the withdrawal of the application, the tribunal may decide to reject the arbitration application. If one or both parties claim to terminate the arbitration agreement, the tribunal shall make a ruling on termination of the arbitration agreement.

Article 20 Preservation and Other Interim Measures

20.1 A party may apply for attachment of property if the other party's acts or other circumstances may render the arbitration award unenforceable or difficult to enforce.

20.2 A party may apply for an order to preserve evidence if there is a risk that such evidence might be lost, destroyed or might subsequently become difficult to obtain.

20.3 Where a party submits an application for property or evidence preservation, HRBAC shall forward the application to the competent court for determination.

20.4 Under urgent circumstances, such as where a party's legitimate rights and interests would be irreparably damaged if no preservation measure is applied for immediately, a party may file an application for preservation measures to the competent court where the property locates or the Respondent resides before submitting its Application for Arbitration.

Article 21 Representation

21.1 The party or its legal representative may entrust one to three persons as representatives. The number of representatives may be increased if such application is filed by the parties and so agreed by the Arbitral Tribunal.

21.2 If there are more than two representatives for one party, a principal speaker shall be designated. If there is a conflict between the opinions of the representatives and the parties have not made a clear statement, the statement of the principal speaker shall prevail.

21.3 Where the party authorizes a representative to conduct arbitration activities, he shall submit to HRBAC a Power of Attorney specifying the object and scope of the authorization and the proof of identity of the representative. .

21.4 If the representative's agency authority is amended or dissolved, the party concerned shall notify HRBAC in writing. The representative's performance prior to the written notice is binding on the party.

Chapter IV Arbitral Tribunal

Article 22 Panel of Arbitrators

22.1 HRBAC established a Panel of Arbitrators. The parties may choose arbitrators from the Panel of Arbitrators maintained by HRBAC.

22.2 If a party chooses a temporary arbitrator not listed in the Panel of Arbitrators in accordance with relevant regulations, it shall provide the cirriculum vitae and contact information of the candidate to HRBAC, and the candidate may assume the post of an arbitrator upon HRBAC's confirmation.

Article 23 Constitution of the Arbitral Tribunal

23.1 The Arbitral Tribunal shall consist of three arbitrators or one arbitrator. There should be a presiding arbitrator where the Arbitral Tribunal consists of three arbitrators.

23.2 In the case that the parties agreed upon an Arbitral Tribunal of three arbitrators，each party shall, within 10 days from the date of receipt of the Notice of Arbitration, nominate or entrust the Director of HRBAC to appoint an arbitrator on its behalf. If there are two or more Claimants/Respondents, each set of the Claimants or the Respondents shall jointly appoint an arbitrator by agreement, or jointly entrust the Director of HRBAC to appoint an arbitrator.

23.3 The Parties may jointly nominate a presiding arbitratior, or jointly entrust the Director of HRBAC to appoint a presiding arbitrator. Or, the arbitrator appointed by each party may recommend 1-5 candidates as the presiding arbitrator. If there is only one common candidate chosen by both parties, he/she should be the presiding arbitrator. If there are two or more common candidates chosen by both parties, the Director of HRBAC shall choose who should be the presiding arbitrator. Where there is no common candidate, the Director of HRBAC shall appoint a presiding arbitrator.

23.4 If the parties agree on a sole arbitrator to constittute the Arbitral Tribunal, they shall nominate one to three candidates within 10 days from the date of receipt of the Notice of Arbitration. If there is one common candidate chosen by both parties, he/she should be the arbitrator. If there are two or more common candidates chosen by both parties, the Director of HRBAC shall determine who should be the arbitrator. Or the parties can entrust the Director of HRBAC to appoint an arbitrator.

23.5 Where a party nominates an arbitrator who lives outside Heilongjiang, the party shall bear the arbitrator's necessary travel expense incurred for hearing the case. If the party fails to advance the travel expense within the period specified by HRBAC, it shall be deemed that such arbitrator has not been nominated. The Director may appoint an arbitrator for the party in accordance with this Article.

Article 24 Notice of Constitution of the Arbitral Tribunal 

HRBAC shall notify the parties of the constitution of the Arbitral Tribunal within 5 days in written form and forward the case file to the Arbitral Tribunal promptly thereafter.

Article 25 Disclosure by Arbitrators

25.1 Upon accepting appointment, each arbitrator shall sign a statement, disclosing any circumstances that are likely to lead any party to have reasonable doubt about his/her independence or impartiality.    

25.2 Where a situation that should be disclosed arises during the arbitral proceedings, the arbitrator shall immediately disclose it in writing.

25.3 HRBAC shall promptly inform the parties of the arbitrator's written disclosure.

25.4 If a party challenges an arbitrator on the basis of circumstances disclosed by the arbitrator in accordance with the provisions of this Article, it shall submit an application to HRBAC in writing within five days after it knows of the disclosure. Those who fail to apply within the time limit shall not be permitted to challenge the arbitrator on the basis of the circumstances already disclosed by the arbitrator.

Article 26 Challenge to the Arbitrator

26.1 An arbitrator shall withdraw under any of the following circumstances and a party is entitled to challenge the arbitrator:

(a) The arbitrator is a party or a close relative of a party or its representative in the case;

(b) The arbitrator has a personal interests in the case;

(c) The arbitrator has other relationships with the party or his representative, which may affect impartiality of arbitration; or

(d) The arbitrator has met with a party or his representative in private or accepted an invitation to entertainment or gifts from a party or his representative.

26.2 "Other relationships" in the previous paragraph of this Article include the following circumstances:

(a) The arbitrator has previously provided consultations on the case;

(b) The arbitrator is currently serving as legal counsel or other consultant of a party; or he had served as legal counsel or other consultant of a party and it has been less than two years since the consultancy relationship terminated;

(c) The arbitrator served as a representative of a party, and it has been less than two years since the case closed;

(d) The arbitrator is currently serving the same employer with either party or its representative, or have served the same employer with either party or its representative in the last two years;

(e) The arbitrator is serving in the same Arbitral Tribunal with either party or its representative in a pending case at HRBAC.

26.3 A challenge shall be made to HRBAC in writing, indicating the grounds of the challenge with supporting evidence.

26.4 A challenge shall be raised before the first hearing. A challenge based on circumstances that become known after the first hearing may be raised prior to the closure of the final hearing. Where the parties agreed on a documents-only arbitration, a challenge shall be raised within 5 days after the challenging party becomes aware of the circumstances giving rise to a challenge.

26.5 After receiving the application for challenge, HRBAC shall forward the application to the other party and the members of the Arbitral Tribunal. The other party, the challenged arbitrator and other members of the Arbitral Tribunal may provide written comments to HRBAC.

26.6 Where a party challenges an arbitrator and the other party concurs with the challenge, or the challenged arbitrator withdraws voluntarily upon being informed of the challenge, that arbitrator shall no longer participate in the arbitration. Neither of these circumstances shall imply that the grounds on which the challenge is based are established.

26.7 Unless Article 26.6 applies, the Director shall decide on the challenge. When the Director is serving as an arbitrator，the challenge raised against him shall be determined collectively by HRBAC.

26.8 This Article is applicable to challenging the arbitration secretary, the translator, the appraiser or the inspector, and the Director shall make the decision on the challenge.

Article 27 Replacement of the Arbitrator

27.1 The arbitrator shall be replaced under any of the following circumstances:

(a) The arbitrator deceased or became unable to conduct the arbitration for health reasons;

(b) The arbitrator is on business trip or travelling abroad,which may affect the time limit for trying the case;

(c) The arbitrator voluntarily withdraws from the case, or is requested by both parties to withdraw from the case;

(d) A challenge is established;

(e) HRBAC decides that the arbitrator is prevented de jure or de facto from fulfilling his or her functions and duties as an arbitrator or is not fulfilling his or her functions and duties as required by these Rules.

27.2 The replacement of the arbitrator shall be decided by the Director of HRBAC.

27.3 If the arbitrator to be removed was nominated by a party, that party shall nominate a substitute arbitrator within 5 days of its receipt of the notice of removal. If the arbitrator to be removed was appointed by the Director, the Director shall appoint a substitute arbitrator. After such nomination or appointment of the substitute arbitrator, HRBAC shall send a notice of reconstitution of the Arbitral Tribunal to the parties.

27.4 After the reconstitution of the Arbitral Tribunal, the new Arbitral Tribunal shall decide whether and to what extent the previous arbitral proceedings shall be repeated if the parties do not agree on such issues. If the Arbitral Tribunal decides to repeat the arbitral proceedings in their entirety, the time limit in these Rules shall be recalculated from the date of the reconstitution of the Arbitral Tribunal.

Chapter V Evidence

Article 28 Production of Evidence

28.1 Each party shall bear the burden of proving its own case.

28.2 The evidential materials a party produce shall be properly catagorized, numbered, and paginated, and accompanied by a list stating the title of each piece of evidence and the purpose of producing it. The evidence list shall be signed, sealed and dated.

28.3 Each party shall provide the evidence within 20 days from the date of receipt of the Notice of Arbitration. The Arbitral Tribunal shall decide whether or not to accept late submission. Where there is indeed difficult for a party to provide evidence within the time limit, it may apply for an extension before the specified period expires. Whether or not to grant the extension shall be decided by the Arbitral Tribunal.

28.4 If a party fails to produce evidence within the specified period of time, or if the evidence produced is insufficient to support its claim, it shall bear the adverse consequences of such failure.

Article 29 Exchange of Evidence

29.1 HRBAC and the Arbitral Tribunal shall serve the evidence to the parties before the hearing.

29.2 The Arbitral Tribunal may authorize an arbitrator or the arbitration secretary to convene both parties to verify the evidence before the hearing.

Article 30 Supplementation of Evidence

30.1 Before the end of the hearing, if a party needs to provide additional evidence, it may submit a written application to the Arbitral Tribunal. The Arbitral Tribunal shall decide whether or not to accept such application.

30.2 The Arbitral Tribunal may require the parties to supplement the evidence within certain time limit when the Arbitral Tribunal considers it necessary,

Article 31 Investigation and Evidence Collection by the Arbitral Tribunal

31.1 For evidence that cannot be collected for some objective reasons, the parties may apply to the Arbitral Tribunal for investigation and evidence collection. The Arbitral Tribunal may investigate and collect evidence or authorize the arbitration secretary to do so. Two or more persons shall be present at the time of investigation and evidence collection. An investigation record shall be made.

31.2 When the Arbitral Tribunal investigates and collects evidence, it may notify the parties to attend. Absence of the parties will not affect the investigation and evidence collection.

31.3 The evidence collected by the Arbitral Tribunal and the investigation record shall be served to the parties for their comments.

Article 32 Appraisal

32.1 The Arbitral Tribunal may consult with professional institutions or professionals on special issues, or submit it to the appraisal institution as agreed by the parties. The Arbitral Tribunal may also designate an appraisal institution for appraisal.

32.2 If a party applies for appraisal, it shall submit an application for appraisal and relevant materials required for the appraisal.

32.3 The appraisal fees shall be paid in advance by the party who applied for appraisal or by both parties if so determined by the tribunal. The Arbitral Tribunal may decide not to carry out the appraisal if the parties do not pay the appraisal fees in advance.

32.4 The appraiser shall provide an appraisal report in writing. Each party may express opinions after receiving the appraisal report.

32.5 The appraiser shall, upon the request of the party or the Arbitral Tribunal, appear in the hearing to answer inquiries.

32.6 If both parties refuse to appraise, the Arbitral Tribunal may render the award based on the existing evidence.

Article 33 Testifying of Witnesses

33.1 If a party applies for a witness to testify in the hearing, it shall submit an application in writing within the time limit for evidence submission and provide the identity document,  contact information of the witness as well as the matters to be proved. The Arbitral Tribunal shall decide whether or not to accept such application.

33.2 A witnesses shall sign a letter of good faith. He who refuses to do so shall not be allowed to testify.

33.3 Witnesses shall truthfully answer the questions that the Arbitral Tribunal and the parties propounded, and if they make false statements, they shall bear the corresponding legal responsibilities.

Article 34: Expert Assistants

34.1 If a party applies for an expert assistant to appear in the hearing, it shall submit the application three days before the hearing and provide proof of the identity, specialty and contact information of the expert assistant as well as the professional issues to be proved. The Arbitral Tribunal shall decide whether or not to accept such application. .

34.2 An expert assistant shall answer the inquiries of the Arbitral Tribunal and the parties. Expert assistants may make inquiries to each other about professional issues.

34.3 Expert assistants must not participate in hearing activities other than professional issues.

34.4 Expenses incurred by expert assistants in hearing shall be borne by the party who filed the application.

Article 35 Examination of Evidence

35.1 For cases with hearing proceedings, evidence shall be presented at the hearing and shall be examined and cross-examined by the parties.

35.2 The parties may, with the permission of the tribunal, comment in written form on the evidence presented to document-only proceedings or submitted to the tribunal after the hearing, within a period of time specified by the tribunal.

35.3 Evidence may be admitted as the basis of fact finding without being presented at the hearing for examination if, in the course of evidence exchange, both parties have acknowledged its admissibility and the Arbitral Tribunal has, during the hearing, explained the the parties' acknowledgement of this.

35.4 If the tribunal decides to accept late submission of the evidence without further hearings to be held, it may require the other party to comment on such evidence in writing within a specified period of time.

Article 36: Assessment of Evidence

36.1 The evidence shall be assessed by the Arbitral Tribunal. It shall also decide on whether or not to adopt opinions of an expert assistant or a professional institution and the professionals thereof .

36.2 When assessing any evidence, the Arbitral Tribunal may, in addition to referring to relevant laws, regulations and judicial interpretations, its may take into consideration factors such as industry practices and trade usages, etc..  .

36.3 If a party has admitted to adverse facts or evidence, whether in the Application for Arbitration, the Statement of Defence, its presentations or other written opinions, those facts or evidence may be deemed as admissions by the Arbitral Tribunal, unless the party subsequently produces evidence sufficient to rebut those facts or evidence.

36.4 If a party has no clear opinions on the facts stated by the other party and it still fails to express clear opinions upon the Arbitral Tribunal's explanation and inquiry, the fact shall be deemed to have been admitted by the party .

36.5 If a party refuses to provide evidence without justifications, and the other party claims that such evidence would have had an adverse impact on the party holding the evidence, his claims may be upheld.

Chapter VI Arbitral Proceedings

Article 37 Mode of Proceeding

37.1 The Arbitral Tribunal shall hold an oral hearing. However, if the parties agree on a documents-only arbitration, or if the Arbitral Tribunal considers an oral hearing unnecessary and the parties so agree, the Arbitral Tribunal may decide the case on the basis of the statement of claim, statement of defence and evidence submitted by the parties.

37.2 Where the parties agree to hear the case through internet, the Arbitral Tribunal shall hear the case through internet.

37.3 if necessary, the Arbitral Tribunal may, on its own initiative or entrust the presiding arbitrator to take measures such as issuing procedural directions, issuing a list of inquiries, holding a pre-hearing meeting, convening a preliminary hearing, or producing a letter specifying the scope of the hearing.

Article 38 Place of Hearing

38.1 Hearings shall be held at HRBAC's premises. With permission of the Director of HRBAC, hearings may be held at the place outside HRBAC's premises, which has been considered appropriate by the tribunal and so agreed by the parties.

38.2 If the parties agree upon a hearing at the place outside HRBAC's premises or branches, additional costs incurred by travelling and accommodation shall be advanced by the parties within the specified period of time. If the parties fail to pay such additional costs in advance, the hearing shall be held at HRBAC's premises or branches.

Article 39 Preparation before the Hearing

39.1 The Arbitral Tribunal shall reasonably arrange preparation work according to the time limit before the hearing, review the written materials submitted by the parties and formulate a hearing plan. The Arbitral Tribunal may also interview the parties if necessary.

39.2 Upon request or with the consent of the parties, the Arbitral Tribunal may organize mediation on its own initiative or authorize the presiding arbitrator to do so before the hearing.

Article 40 Notice of the Hearing

40.1 The Arbitral Tribunal shall notify the parties of the date and place of the first hearing at least 5 days in advance. The first hearing may be rescheduled to an earlier date by the Arbitral Tribunal with the agreement of the parties. A party shall, before no less than 3 days in advance of the first hearing, request in written form a postponement, provided that there are grounds justifying the postponement. The Arbitral Tribunal shall decide whether or not to postpone the first hearing.

40.2 A notification of the date of any subsequent hearing, or of the date of a postponed hearing, shall not be subject to the 5-day time limit in this Article.

Article 41 Verifying the Identity of the Parties

41.1 Before the hearing, the arbitration secretary shall verify whether the parties, their representatives and other arbitration participants are present.

41.2 During the hearing, the presiding arbitrator or the arbitrator shall verify the identity of the parties.

Article 42 Default

42.1 If the Claimant fails to appear at the hearing without any justification, or withdraws from an ongoing hearing without the permission of the Arbitral Tribunal, the Claimant may be deemed to have withdrawn its Application for Arbitration. Where the Respondent has raised a Counterclaim, the Claimant's default shall not affect the hearing of the Counterclaim by the Arbitral Tribunal.

42.2 If the Respondent fails to appear at the hearing without any justification, or withdraws from an ongoing hearing without the permission of the Arbitral Tribunal, the Arbitral Tribunal may proceed with the arbitration. Where the Respondent has raised a Counterclaim, such Counterclaim shall be deemed to have been withdrawn.

Article 43 Investigation at the Hearing

43.1 The party presents the arbitration claim, or the counterclaim, and the facts and reasons. The other party presents the defence.

43.2 The parties present evidence and cross-examine the evidence provided by the other party. The Arbitral Tribunal verifies the evidence.

43.3 The Arbitral Tribunal raise questions to the parties and investigate the case.

43.4 The parties may raise questions to each other under the guidance of the Arbitral Tribunal.

43.5 Other investigation that the Arbitral Tribunal considers necessary to make.

43.6 The Arbitral Tribunal shall stop the party from publishing opinions unrelated to the dispute or insulting remarks at the hearing.

Article 44 Debates and Final Opinion

44.1 The parties have the right to debate during the hearing, and the debate should focus on the disputing issues. The Arbitral Tribunal may request the parties to submit a written opinion after the hearing according to the circumstances of the case.

44.2 When the debate is over, the parties have the right to present their final opinions at the hearing or submit a written opinion within the time limit prescribed by the Arbitral Tribunal.

Article 45 Record of the Hearing

45.1 The Arbitral Tribunal shall make a written record of the hearing.

45.2 Where a party or any other participant believes there is any omission or error in the record of their oral statement, he has the right to request rectification. The request shall be recorded if the Arbitral Tribunal does not allow the rectification.

45.3 The arbitrators, the person who makes the recording, the parties and other participants in the arbitration shall sign or affix their seals on the written record. If the parties or other arbitration participants do not sign or affix their seals on the written record, their refusal shall be filed without affecting the validity of the record.

Article 46 Consolidation of Arbitrations

46.1 Where two or more cases pending involve related subject-matters, the Arbitral Tribunal may, upon request by one party and so agreed by the other party, consolidate the cases into a single arbitration and decide what mode and proceedings the hearing should take according to the circumstances.

46.2 When cases are consolidated, they shall be consolidated into the arbitration that commenced first, unless otherwise agreed by the parties. The Arbitral Tribunal shall make separate awards for each case, unless the parties agreed to make an award.

46.3 Cases in which the members of the Arbitral Tribunal are different may not be consolidated.

Article 47 Expert Advisory Committee

47.1 HRBAC establishes an expert advisory committee in accordance with its Charter.

47.2 If the case is difficult, complicated, or involving a highly specialized area, it may be submitted the expert advisory committee for consultation, provided that the Arbitral Tribunal considers it necessary, or the parties have applied for the consultation and the Arbitral Tribunal so agrees. 

47.3 HRBAC may convene an expert advisory meeting when HRBAC considers it necessary.

47.4 The Arbitral Tribunal shall fully consider the written opinions of the expert advisory committee. If the opinions are not accepted, the Arbitral Tribunal shall state the reasons in writing to HRBAC.

Article 48 Withdrawal of an Application for Arbitration and Dismissal of a Case

48.1 The parties may withdraw the Application for Arbitration or the Counterclaim. Where the Claimant withdraw the Application for Arbitration and the Respondent has raised a Counterclaim, withdrawal of the Application for Arbitration shall not affect the hearing and determination of such counterclaim by the Arbitral Tribunal. And vise versa, withdrawal of the Counterclaim shall not affect the hearing and determination of the Claimant's claim by the Arbitral Tribunal.

48.2 Where a party withdraws the Application for Arbitration before the constitution of the Arbitral Tribunal, HRBAC shall make the decision to dismiss the case. If the withdrawal is made after the constitution of the Arbitral Tribunal, dismissal of the case shall be decided by the Arbitral Tribunal.

48.3 The parties may apply for arbitration again after withdrawal of the Application for Arbitration.

48.4 Where it becomes unnecessary or impossible to continue the arbitral proceedings for legal or any other reasons, HRBAC or the Arbitral Tribunal, as the case may be, may dismiss the case.

Article 49 Settlement

49.1 The parties may voluntarily settle the dispute. If a settlement agreement has been reached, the parties may apply to the Arbitral Tribunal for rendering an award or a statement of mediation in accordance with the settlement agreement. They may as well withdraw the arbitration application.

49.2 If the parties regret on the settlement agreement they reached and they have not withdrawn the Application for Arbitration, the proceedings shall continue. If the Application for Arbitration has been withdrawn, a party may apply for arbitration anew in accordance with the arbitration agreement.

Article 50 Conciliation by the Tribunal

50.1 The Arbitral Tribunal may, at the request or with the consent of the parties, conduct a conciliation of the case in such a manner as it considers appropriate.

50.2 If the conciliation leads to a settlement, the Arbitral Tribunal shall either issue a Statement of Conciliation or render an award in accordance with the terms of the settlement agreement. A Statement of Conciliation has the same legal effect with an arbitral award.

50.3 The Statement of Conciliation shall state the claims and the terms of the resulting settlement agreement reached by the parties and allocation of the arbitration costs. It shall be signed by the arbitrators, affixed with the seal of HRBAC, and served on all the parties. The Statement of Conciliation shall be legally binding upon the parties' signing of the receipt of it. If either party falls back on its words before signing the Statement of Conciliation, the Arbitral Tribunal shall make an arbitral award in a timely manner.

50.4 If the conciliation fails to lead to a settlement, the Arbitral Tribunal shall make the arbitral award in a timely manner. Neither party shall be permitted to adduce evidence of, refer to or quote any statements, opinions, views or proposals expressed by the other party or by the Arbitral Tribunal during the conciliation as in support of any claim, defence, or counterclaim in the subsequent arbitral proceedings, or as grounds in any judicial or other proceedings.

Article 51 Suspension and Resumption of Arbitral Proceedings

51.1 The arbitration proceedings shall be suspended under any of the following circumstances:

(a) A party applies to the people's court for confirmation of the validity of the arbitration agreement;

(b) A party deceased and it is necessary to wait for his or her successor to participate in the arbitration proceedings; .

(c) A party has lost its capacity and its legal representative has not yet been determined;

(d) The legal person or other organization as a party terminates and the successor of its rights and obligations has not yet been determined;

(e) A party cannot participate in the arbitration due to force majeure;

(f) The case is dependent on the outcome of another case, which has not yet been concluded;

(g) Other circumstances in which the arbitration should be suspended.

51.2 The arbitration proceeding may be suspended upon jointly application by the parties, to which HRBAC or the Arbitral Tribunal agrees.

51.3 If the cause of suspension occurs before the constitution of the Arbitral Tribunal, the suspension shall be decided by HRBAC. If it occurs after the constitution of the Arbitral Tribunal, the suspension shall be decided by the Arbitral Tribunal.

51.4 The arbitration proceedings shall resume after the cause of suspension is eliminated. The parties shall be notified of the decision on suspension and resumption of the arbitration..

Article 52 Termination of the Arbitration Proceedings

52.1 The arbitration is terminated in one of the following circumstances:

(a) The Claimant deceases or terminates with no successor or the successor waives the right of arbitration;

(b) The Respondent deceases or terminates, without any estate or anyone to succeed to his obligation;

(c) Other circumstances in which the arbitration proceedings should be terminated.

52.2 If the cause of termination occurs before the constitution of the Arbitral Tribunal, the termination shall be decided by HRBAC. If it occurs after the constitution of the Arbitral Tribunal, the termination shall be decided by the Arbitral Tribunal. The decision of termination shall be served on the parties.

Article 53 Continuation of the Arbitral Proceedings with Majority of the Arbitral Tribunal

53.1 In the event that, after the conclusion of the last hearing, the presiding arbitrator on a three-member Arbitral Tribunal is unable to complete the arbitration proceedings as a result of his or her death or for other reasons, the Director may, with the consents of all parties, replace him or her with one of the other two arbitrators, and the arbitration proceedings shall continue thereafter.

53.2 In the event that, after the conclusion of the last hearing, a non-presiding arbitrator on a three-member Arbitral Tribunal is unable to complete the arbitration proceedings as a result of his or her death or for other reasons, the two remaining arbitrators, with the consent of the parties and the approval of the Director, may continue with the arbitral proceedings.

Chapter VII Decisions and Awards

Article 54 Decisions

54.1 The Arbitral Tribunal has the power to make decisions on the procedural matters involved in the case.

54.2  Any decision of an Arbitral Tribunal comprising 3 arbitrators shall be made by a majority of the arbitrators. If the Arbitral Tribunal fails to reach a majority decision, the decision of the presiding arbitrator shall prevail.

54.3 The presiding arbitrator may make a decision on procedural matters with the consent of the parties or the authorization of other arbitrators.

54.4 The decision has legal effect as of the date of its making.

Article 55 Time Limit for Rendering the Award

55.1 The Arbitral Tribunal shall render its award within 4 months of its constitution.

55.2 If there are special circumstances justifying an extension of this period, the Director may approve an appropriate extension of time at the written request of the presiding arbitrator 15 days prior to the time limit.

55.3 Suspension period, appraisal period and the time spent on out-of-hearing settlement for which the parties jointly applied shall not be counted in the time limit.

Article 56 Rendering the Award

56.1 A 3-memeber Arbitral Tribunal shall collectively deliberate the case and the deliberation shall be recorded. The award shall be made by a majority of the arbitrators. If the Arbitral Tribunal fails to reach a majority decision, the award shall be made in accordance with the opinion of the presiding arbitrator. Dissenting opinions shall be recorded.

56.2 Where one arbitrator constitutes an Arbitral Tribunal, the award shall be made by the sole arbitrator.

56.3 The award shall state the parties' identities, the claims, the facts of the dispute, the reasons upon which the award is based, the conclusion of the tribunal, the allocation of arbitration fees, the time for performance of the duties and the date of the award. The Arbitral Tribunal may not state the facts of the dispute or the reasons upon which the award is based if the parties so agree.

56.4 The award shall be signed or affixed with the seal by each member of the Arbitral Tribunal by hand or electrically. A dissenting arbitrator may elect not to sign the award. The arbitrator who elects not to sign shall issue a dissenting opinion in writing.

Article 57 Partial Award and Consolidated Award

57.1 Where a party so requests and the Arbitral Tribunal considers it necessary, the Arbitral Tribunal may render a partial award disposing of particular claims. The partial award shall be an integral part of the final award and has legal effect.

57.2 When arbitrations are consolidated, the Arbitral Tribunal shall make separate awards. If the parties agree and the Arbitral Tribunal considers that a consolidated award is more conducive to resolve the dispute, a consolidated award may be made.

Article 58 Confirmation and Transformation of Arbitration

58.1 If the parties have reached a settlement agreement or a conciliation agreement on the dispute before filing the application, they may apply to HRBAC for confirmation of the contents of such agreement agreement, and HRBAC may make a statement of conciliation or arbitral award.

58.2 HRBAC may, on the basis of the application of the party concerned, confirm an ad hoc arbitral award or a statement of conciliation. Such ad hoc arbitral award or statement of conciliation shall be converted into an institutional arbitral award or a statement of conciliation.

Article 59 Allocation of Costs

59.1 The Arbitral Tribunal shall determine in the award the arbitration fees and expenses to be borne by the parties.

59.2 The Arbitral Tribunal may determine the proportion of each party's share of the costs on the basis of the extent of liability of each party. If the parties reach a settlement either on their own or as a result of conciliation by the Arbitral Tribunal, they may agree upon the proportion of their respective shares.

Article 60 Enforceability and Performance of the Award

60.1 An award shall be legally effective as of the date on which it is made. An award shall be final and binding on both parties.

60.2 After an award has been made, the parties concerned shall perform in accordance with the time limit for performance specified in the award. Where an award does not specify the time limit for performance, the party shall perform immediately.

Article 61 Correction and Supplementation of the Award

61.1 The Arbitral Tribunal shall correct any clerical or computational error, and address any omission of issues that have been raised by a party in its claim and decided upon by the Arbitral Tribunal but omitted in the the award.

61.2 The Arbitral Tribunal shall make a supplementary award if the party's claims in its application is omitted. If the Arbitral Tribunal considers that it is indeed necessary to hold a hearing, it may conduct a hearing on the matter that is missing in the award.

61.3 A party may, within 30 days of the date of receiving the award, request in writing that the Arbitral Tribunal rectify the award or render a supplementary award.

61.4 Any rectification or supplementation made by the Arbitral Tribunal shall form part of the original arbitral award.

Article 62 Re-arbitration

62.1 If the party applies for revocation of the award and the people's court holds that the case may be re-arbitrated, the arbitral proceedings shall be carried out by the original Arbitral Tribunal if the Arbitral Tribunal so agrees.

62.2 If the original Arbitral Tribunal is unable to re-arbitrate or if both parties unanimously request to reconstitute the Arbitral Tribunal, a new Arbitral Tribunal may be constituted upon the approval of the Director.

62.3 If a party applies to add evidence in the re-arbitration procedure, the Arbitral Tribunal shall decide whether or not to grant such application. Where the Arbitral Tribunal agrees, the party shall supplement the evidence within the prescribed time limit.

Chapter VIII Expedited Procedure

Article 63 Scope of the Application of Expedited Procedure

63.1 The expedited procedure shall apply if the amount in dispute does not exceed RMB 1,000,000 unless the parties agree to apply the general procedure or HRBAC holds that the general procedure shall apply since the case is difficult, complicated and there is huge difference between the parties.

63.2 The parties may agree to apply the expedited procedure even if the amount in dispute exceeds RMB 1,000,000;

63.3 The expedited procedure may be applied, if, as a result of any amendments to the application for arbitration, the amount in dispute exceeds RMB 1,000,000, or the amount asserted in the claim and the counterclaim exceeds RMB 1,000,000, unless the parties unanimously agreed that expedited procedure is not applicable or HRBAC holds that it is inappropriate to apply expedited procedure.

63.4 If one of the parties withdraws its application for arbitration or its counterclaim from the general procedure before the constitution of the Arbitral Tribunal, and the amount of the remaining arbitration claim or counterclaim is less than RMB 1,000,000, the expedited procedure may be applied ;

63.5 Where no monetary claim is specified or the amount in dispute is not clear, HRBAC shall determine whether or not to apply the expedited procedure upon a full consideration of relevant factors, including the complexity of the case, social impact and the parties' interests involved.

63.6 Where Chapter IX of these Rules makes special provisions for the expedited procedure, such provisions shall apply.

Article 64 Composition of the Arbitral Tribunal 

64.1 Arbitrations conducted in accordance with the expedited procedure shall be heard by a sole arbitrator.

64.2 Within 7 days of receipt of the Notice of Arbitration by all parties, the parties shall jointly nominate a sole arbitrator or jointly request the Director to appoint a sole arbitrator from the Panel of Arbitrators. If the parties fail to jointly nominate a sole arbitrator or request the Director to appoint a sole arbitrator within the specified period, the Director will appoint the sole arbitrator.

Article 65 Defence and Counterclaim

Within 7 days of receipt of the the Notice of Arbitration, the Respondent shall submit to HRBAC its Statement of Defence, together with any relevant supporting documents. A Counterclaim, if any, shall also be submitted in writing within the specified period aforesaid.

Article 66 Notice of Hearing

66.1 Where an oral hearing is to be held, the Arbitral Tribunal shall notify the parties of the date of the hearing at least 3 days in advance. The date of the hearing may be brought forward by the Arbitral Tribunal with the agreement of the parties.

66.2 In principle the Arbitral Tribunal shall hold one hearing only. Where necessary, however, the Arbitral Tribunal may decide to hold further hearings. Notification of the date of any further hearing shall not, however, be subject to the 3-day time limit.

66.3 A party may, one day in advance of the hearing, request in writing a postponement of the hearing, provided that there are grounds justifying the postponement. The Arbitral Tribunal shall, decide whether or not to postpone the hearing.

Article 67 Conversion of the Procedure

67.1 If the amount in dispute exceeds RMB 1,000,000 due to amendment to the Claim or the submission of a Counterclaim, the expedited procedure may be converted to the general procedure with the approval of the Director when a party so applies or the Arbitral Tribunal considers it necessary.

67.2 If the case is found to be complicated in the hearing and needs to be converted to the general procedure, it may be converted to the general procedure with the approval of the Director.

67.3 After the procedure is converted, the parties shall, within five days from the date of receipt of the notice of conversion of the procedure, select the arbitrator in accordance with the provisions of these Rules.

Article 68 Arbitral Proceedings

The arbitrator has the power to hear the case in accordance with the procedure he or she deems appropriate, and the investigation, cross-examination, debate and mediation may be carried out in an order that the arbitrator considers it appropriate.

Article 69 Time Limit for Rendering the Award

The Arbitral Tribunal shall render its award within two months from the date of its constitution. If there are special circumstances justifying an extension of this period, the Director may approve an appropriate extension of time at the request filed by the sole arbitrator 10 days prior to the time limit.

Article 70 Application of Other Provisions of These Rules

In respect of matters not provided for in this Chapter, other provisions of these Rules shall apply.

Chapter IX Special Provisions for International Commercial Arbitration

Article 71 Scope of Application

71.1 If one party or both parties are foreigners, stateless persons, foreign enterprises or organizations, the provisions of this Chapter shall apply.

71.2 If one party or both parties are residents or legal persons from HK SAR or Macao SAR or Taiwan, the arbitration case shall be handled by reference to the provisions of this Chapter.

71.3 Any dispute between the parties as to the existence of foreign-related elements shall be determined by HRBAC or the Arbitral Tribunal.

Article 72 Defence

72.1 The respondent shall submit a written statement of defense with proof of the party’s  identity, evidence and other relevant materials to HRBAC within 45 days from the date of receipt of the Notice of Arbitration. The time limit for expedited procedure is 30 days.

72.2 If the Respondent files a counterclaim, the Application of Counterclaim shall be filed within 45 days. The time limit for expedited procedure is 30 days.

72.3 Failure to submit a statement of defense will not affect the arbitration proceedings.

Article 73 Time Limit of Selection of Arbitrators

The parties shall nominate their respective arbitrators within 20 days from the date of receiving the Notice of Arbitration. The time limit for expedited procedure is 10 days.

Article 74 First Hearing and Postponement of Hearing

74.1 The Arbitral Tribunal shall notify the parties of the date of the first hearing 30 days in advance. The time limit for expedited procedure is 20 days.

74.2 A party may request a postponement of the date of the hearing at least 10 days in advance, if there are grounds justifying a postponement. The Arbitral Tribunal shall decide on the request. The time limit for expedited procedure is 7 days.

Article 75 Time Limit of Arbitration

The Arbitral Tribunal shall render an arbitral award within 6 months as from the date on which the Arbitral Tribunal is constituted. The time limit for expedited procedure is 3 months. If there are special circumstances that require an extension of the time limit, the time limit may be extended with the Director's approval after being reported by the Arbitual Tribunal.

Article 76 Emergency Arbitrator

76.1 After the acceptance of the case by HRBAC and before the constitution of the Arbitral Tribunal, any party that wishes to apply for interim measures may submit a written application to HRBAC for the appointment of an emergency arbitrator in accordance with the applicable law. HRBAC shall decide whether or not to approve such application.

76.2 An emergency arbitrator shall consider the application for interim measures in such a manner as he or she deems appropriate, and shall ensure that the parties have a reasonable opportunity to present their cases.

76.3 Any decision, order or award made by an emergency arbitrator will not be binding upon the Arbitral Tribunal. The Arbitral Tribunal may amend, suspend or revoke such a decision, order or award.

Article 77 Applicable Law

77.1 HRBAC shall make a decision on the validity of the arbitration agreement in accordance with the law selected by the parties. In the absence of an agreed choice of law, HRBAC shall apply Chinese laws and make decisions in accordance with the doctrine of the most significant relationship.

77.2 The Arbitral Tribunal shall apply the substantive law agreed upon by the parties to decide the dispute. In the absence of an agreed choice of the substantive law, the Arbitral Tribunal shall determine the applicable law in accordance with the doctrine of the most significant relationship.

Article 78 Seat of Arbitration

78.1 Where the parties have an agreement on the seat of arbitration, such agreement shall prevail.

78.2 In the absence of an agreement on the seat of arbitration, the seat of arbitration is the place where HRBAC locates.

78.3 The arbitral award shall be deemed to have been rendered at the seat of the arbitration.

Article 79 Other Provisions

For matters not provided for in this Chapter, the provisions of the other Chapters of these Rules shall apply.

Chapter X Periods and Service of Process

Article 80 Calculation of Time Limits

80.1 The term “within”, “more than” and “less than” in these Rules shall include the given figure. The term“over” and “before”shall not include the given figure.

80.2 Where a time period is calculated by month and day, the first day of the period shall not be counted, and the period shall be counted from the next day.

80.3 If the expiration date of a period falls on a holiday, the first day after the holiday shall be the expiration date of the period.

80.4 A period shall not include the time en route. Any arbitral document, material or notice that has been mailed or dispatched before the expiration date of a period shall be regarded as within due time.  

80.5 Where a party fails to comply with a period because of force majeure events or other justifiable reasons, it may apply for an extension of that time limit within 10 days after the impediment is eliminated. HRBAC or the Arbitral Tribunal, as the case may be, shall decide whether or not to permit such an extension.

Article 81: Service of Process

Arbitration documents may be served on the parties directly, through entrustment, by post, or electronically. If the parties have agreed otherwise on the means of service, such agreement shall prevail.

Article 82 Direct Service

82.1 Direct service of the arbitration document is to be made directly to the party in person, or its representative or a person designated by the party.

82.2 If the person to be served is a natural person, and when he is absent, documents handed over to his adult family member shall be deemed as successful service. If the person to be served is a legal person or other organization, the legal representative of the legal person, the person in charge of the other organization or the staff of its office, mail room or the duty room, or a person designated by the party shall sign for the receipt of the documents. The date of receipt signed by the above personnel is the service date. If the receiver refuses to accept the arbitration documents, the process server may drop the arbitration documents at the domicile of the person to be served and record the service of process by photograph, video and other means, and process shall be deemed to have been served.

82.3 Where the staff of HRBAC serves the documents on the party, its representative or the designated person who is visiting HRBAC but the latter refuses to sign on the service acknowledgement, process shall be deemed to have been served. The process server shall sign on the service acknowledgement and record the refusal thereon.

Article 83 Service by Entrustment

HRBAC or the Arbitral Tribunal may entrust a party, other arbitration institution, or relevant administrative agency or institution to serve the arbitration documents and other materials to the other party. If it is not served successfully, it shall be served by other means as stipulated by these Rules.

Article 84: Service by Post

84.1 When the party applies for arbitration or presents defense, it shall confirm its address to HRBAC by filling in a confirmation of the address of service. Arbitration documents mailed to such address is deemed to be served. If a party changes the service address before the arbitral award is served, it shall promptly inform HRBAC in writing. Any legal consequences of service failure due to inaccurate address confirmed by the parties or failure to inform HRBAC of the change of the service address shall be borne by the party making the confirmation.

84.2 If a party fails to confirm the address of the service to HRBAC, the address stipulated in the contract shall be the address of service. The arbitration documents mailed to the address will be deemed to be served.

84.3 If a party has not confirmed the address of service to HRBAC, and the contract does not stipulate the address of service either, the arbitration documents may be mailed to the following address:

(a) the contact address of the party as stipulated in the contract;

(b) other address provided by the other party;

(c) the natural person's domicile registered in Hukou or ID card, or place of habitual residence;

(d) the residence or the place of business legally registered or filed by a legal person or other organization at the State Registration for Industry and Commerce or other authorities.

84.4 If it is not possible to determine the address, documents served by registered mail or other means capable of providing the delivery record to the last known place, such as the place of registration, place of residence, place of habitual residence or place of communication shall be deemed to have been served.

84.5 If the arbitration documents were successfully mailed to the addressee once, and the party concerned did not raise an objection to such address, subsequent mailing to the same address will be deemed to be served, even if the mail has been rejected or returned because of absence of the addressee or other reasons.

84.6 If the person who is to be served refuses to sign for the service or there is no one to receive the documents, the date on which the documents are returned shall be deemed to be the date of service.

84.7 If a party intentionally provides a false address, it shall bear the adverse consequences arising therefrom.

Article 85 Electronic Service

85.1 If the parties agree to deliver documents by electronic means, or the person to be served consents to such means, the documents may be served electronically.

85.2 Electronic service may make use of a specific system of instant communication via fax, e-mail, mobile communication, etc..

85.3 If the documents are to be served by electronic means, the party concerned shall confirm with HRBAC the exact electronic address.

85.4 The arbitral award, statement of conciliation and decision are not applicable to electronic service.

Chapter XI Supplementary Provisions

Article 86 Language

86.1 In principle the language to be used in the arbitral proceedings of HRBAC is Chinese. If the parties reached on an agreement that other language(s) should be used, such agreement shall prevail.

86.2 HRBAC or the Arbitral Tribunal, as the case may be, may determine, in accordance with the particular circumstances of the case, whether or not written documents in international commercial arbitral proceedings shall be accompanied by a translation, either in Chinese or in other language(s).

86.3 If translation services are required, the parties may jointly nominate a service provider.  The parties shall bear the costs of translation if HRBAC provides translators.

Article 87 Official Versions of the Rules

Each of the Chinese, English, Russian, Japanese and Korean versions of the Rules published by HRBAC is an official version. In the event of any conflict among the different versions, the Chinese version shall prevail.

Article 88 Interpretation of These Rules

These Rules shall be interpreted by HRBAC.

Article 89 Implementation of These Rules

These rules shall take effect as of October 1, 2018. For cases accepted by HRBAC before these Rules’ coming into effect, the edition of the Arbitration Rules effective at the time of such acceptance shall apply. However, these Rules may apply in such a case with the parties’ consent and HRBAC’s approval.