Changzhou Arbitration Commission

(Jiangsu New Energy Dispute Arbitration Center)

Arbitration Rules

Table of Contents

Chapter I  General Provisions PAGEREF _Toc180674756 \h 4

Article 1 Rule Making PAGEREF _Toc180674757 \h 4

Article 2 Institution and Functions PAGEREF _Toc180674758 \h 4

Article 3 Jurisdiction PAGEREF _Toc180674759 \h 6

Article 4 Good Faith Arbitration PAGEREF _Toc180674760 \h 6

Article 5 Green Arbitration PAGEREF _Toc180674761 \h 6

Article 6 Intelligent Arbitration PAGEREF _Toc180674762 \h 7

Article 7 Principle of Confidentiality PAGEREF _Toc180674763 \h 7

Article 8 Scope of Application PAGEREF _Toc180674764 \h 8

Article 9 Waiver of Right to Object PAGEREF _Toc180674765 \h 9

Chapter II  Arbitration Agreement and Jurisdiction PAGEREF _Toc180674766 \h 10

Article 10 Arbitration Agreement PAGEREF _Toc180674767 \h 10

Article 11 Independence of Arbitration Agreements PAGEREF _Toc180674768 \h 11

Article 12 Objection to Jurisdiction and Decision on Jurisdiction PAGEREF _Toc180674769 \h 11

Chapter III  Arbitration Application, Defense and Counterclaim PAGEREF _Toc180674770 \h 13

Article 13 Conditions for Applying for Arbitration PAGEREF _Toc180674771 \h 13

Article 14 Request for Arbitration PAGEREF _Toc180674772 \h 13

Article 15 Claims Under Multiple Contracts in One Arbitration PAGEREF _Toc180674773 \h 15

Article 16 Claims Between Multiple Parties in One Arbitration PAGEREF _Toc180674774 \h 16

Article 17 Acceptance of a Case PAGEREF _Toc180674775 \h 16

Article 18 Notice of Arbitration and Defense PAGEREF _Toc180674776 \h 17

Article 19 Submission and Acceptance of Counterclaim PAGEREF _Toc180674777 \h 18

Article 20 Amendment to Claim or Counterclaim PAGEREF _Toc180674778 \h 19

Article 21 Consolidation of Arbitration PAGEREF _Toc180674779 \h 20

Article 22 Joinder of Additional Parties PAGEREF _Toc180674780 \h 20

Article 23 Copies of Submissions PAGEREF _Toc180674781 \h 21

Article 24 Representation PAGEREF _Toc180674782 \h 22

Article 25 Preservation Measures PAGEREF _Toc180674783 \h 23

Article 26 Prevention of Fraudulent Arbitration PAGEREF _Toc180674784 \h 24

Chapter IV  Tribunal PAGEREF _Toc180674785 \h 26

Article 27 Appointment of Arbitrators PAGEREF _Toc180674786 \h 26

Article 28 Number of Arbitrators and Constitution of Arbitral Tribunal PAGEREF _Toc180674787 \h 26

Article 29 Three-arbitrator Tribunal PAGEREF _Toc180674788 \h 27

Article 30 Sole-Arbitrator Tribunal PAGEREF _Toc180674789 \h 29

Article 31 Multiple-Party Tribunal PAGEREF _Toc180674790 \h 29

Article 32 Notice of Formation of the Arbitral Tribunal PAGEREF _Toc180674791 \h 30

Article 33 Professional Conduct of Arbitrator(s) PAGEREF _Toc180674792 \h 30

Article 34 Arbitrator Information Disclosure PAGEREF _Toc180674793 \h 30

Article 35 Third Party Funding PAGEREF _Toc180674794 \h 31

Article 36 Challenge to Arbitrator PAGEREF _Toc180674795 \h 32

Article 37 Replacement of Arbitrator(s) PAGEREF _Toc180674796 \h 35

Article 38 Change of Arbitral Tribunal PAGEREF _Toc180674797 \h 36

Article 39 Continuation of Arbitration by Majority Arbitrators PAGEREF _Toc180674798 \h 36

Chapter V  Hearings PAGEREF _Toc180674799 \h 37

Article 40 Mode of Hearing PAGEREF _Toc180674800 \h 37

Article 41 Notice of Oral Hearing PAGEREF _Toc180674801 \h 38

Article 42 Place of Oral Hearing PAGEREF _Toc180674802 \h 39

Article 43 Default PAGEREF _Toc180674803 \h 40

Article 44 Record of Oral Hearing PAGEREF _Toc180674804 \h 41

Article 45 Evidence PAGEREF _Toc180674805 \h 42

Article 46 Expert Report and Appraiser Opinion PAGEREF _Toc180674806 \h 44

Article 47 Investigation by Tribunal PAGEREF _Toc180674807 \h 46

Article 48 Examination and Recognition of Evidence PAGEREF _Toc180674808 \h 47

Article 49 Suspension and Resumption of Arbitration Proceedings PAGEREF _Toc180674809 \h 49

Article 50 Withdrawal of Claim or Counterclaim PAGEREF _Toc180674810 \h 49

Article 51 Termination of Arbitration Proceedings PAGEREF _Toc180674811 \h 50

Chapter VI  Arbitration and Mediation PAGEREF _Toc180674812 \h 51

Article 52 Mediation and Settlement PAGEREF _Toc180674813 \h 51

Article 53 Mediation PAGEREF _Toc180674814 \h 51

Article 54 Termination of Mediation PAGEREF _Toc180674815 \h 51

Article 55 Outcomes of Mediation and Settlement PAGEREF _Toc180674816 \h 52

Article 56 Effectiveness of Mediation PAGEREF _Toc180674817 \h 53

Article 57 No Reference to Contents in Mediation PAGEREF _Toc180674818 \h 54

Chapter VII  Decision and Award PAGEREF _Toc180674819 \h 54

Article 58 Arbitration Decision PAGEREF _Toc180674820 \h 54

Article 59 Time Limit for Rendering Award PAGEREF _Toc180674821 \h 55

Article 60 Issuance of Award PAGEREF _Toc180674822 \h 56

Article 61 Preliminary Award PAGEREF _Toc180674823 \h 57

Article 62 Burden of Costs PAGEREF _Toc180674824 \h 58

Article 63 Scrutiny of Draft Award PAGEREF _Toc180674825 \h 60

Article 64 Rectification of Award and Supplementary Award PAGEREF _Toc180674826 \h 60

Article 65 Performance of Award PAGEREF _Toc180674827 \h 61

Article 66 Re-arbitration PAGEREF _Toc180674828 \h 61

Chapter VIII  Expedited Procedures PAGEREF _Toc180674829 \h 62

Article 67 Application of Expedited Procedures PAGEREF _Toc180674830 \h 62

Article 68 Defense and Counterclaim PAGEREF _Toc180674831 \h 63

Article 69 Constitution of the Arbitral Tribunal PAGEREF _Toc180674832 \h 64

Article 70 Mode of Hearing PAGEREF _Toc180674833 \h 65

Article 71 Notice of Oral Hearing PAGEREF _Toc180674834 \h 65

Article 72 Change of Procedures PAGEREF _Toc180674835 \h 66

Article 73 Time Limit for Rendering Award PAGEREF _Toc180674836 \h 68

Article 74 Application of Other Chapters in These Rules PAGEREF _Toc180674837 \h 68

Article 75 Application of This Chapter PAGEREF _Toc180674838 \h 68

Article 76 Notice of Acceptance and Notice of Arbitration PAGEREF _Toc180674839 \h 69

Article 77 Interim Measures PAGEREF _Toc180674840 \h 69

Article 78 Emergency Arbitrator PAGEREF _Toc180674841 \h 70

Article 79 Defense and Counterclaim PAGEREF _Toc180674842 \h 73

Article 80 Constitution of the Arbitral Tribunal PAGEREF _Toc180674843 \h 73

Article 81 Notice of Oral Hearing PAGEREF _Toc180674844 \h 74

Article 82 Place of Arbitration PAGEREF _Toc180674845 \h 75

Article 83 Time Limit for Rendering the Award PAGEREF _Toc180674846 \h 75

Chapter X  Time Limit and Service PAGEREF _Toc180674847 \h 76

Article 84 Time Limit PAGEREF _Toc180674848 \h 76

Article 85 Service PAGEREF _Toc180674849 \h 77

Article 86 Date of Service PAGEREF _Toc180674850 \h 79

Chapter XI  Supplementary Provisions PAGEREF _Toc180674851 \h 79

Article 87 Language PAGEREF _Toc180674852 \h 79

Article 88 Electronic Signatures and Seals PAGEREF _Toc180674853 \h 80

Article 89 Arbitration Fees PAGEREF _Toc180674854 \h 81

Article 90 Limitation of Liability PAGEREF _Toc180674855 \h 81

Article 91 Interpretation of These Rules PAGEREF _Toc180674856 \h 81

Article 92 Official Versions of These Rules PAGEREF _Toc180674857 \h 82

Article 93 Implementation of These Rules PAGEREF _Toc180674858 \h 82

Chapter I  General Provisions

Article 1 Rule Making

The Changzhou Arbitration Commission (hereinafter referred to as “CZAC”) has formulated these Rules in accordance with the Arbitration Law of the People’s Republic of China and relevant provisions of other applicable laws for the purpose of resolving civil and commercial disputes independently, impartially and in a timely manner, as well as for the protection of the legitimate rights and interests of the parties concerned.

Article 2 Institution and Functions

1. CZAC is an arbitration institution registered with the Department of Justice of Jiangsu Province, China, for the settlement of contractual disputes and other disputes over property rights and interests between individuals, legal persons and non-legal person organizations.

2. CZAC has been approved by the Jiangsu Provincial Department of Justice to establish “Jiangsu New Energy Dispute Arbitration Center” which is a professional arbitration platform for disputes in the new energy industry. If the parties agree in the arbitration agreement that “Jiangsu New Energy Dispute Arbitration Center” is the arbitration institution, it shall be deemed that the parties have agreed to arbitration by CZAC.

3. CZAC has established Liyang Office and Jintan Office, and may establish new or adjust arbitration centers, arbitration courts, sub-commissions and offices as necessary.

4. CZAC may formulate special arbitration rules.

5. CZAC establishes a Panel of Arbitrators and may establish specialized Panels of Arbitrators as necessary.

6. CZAC participates in the construction of diversified dispute resolution mechanisms and carries out diversified dispute resolution works.

7. The Director of CZAC shall perform the duties conferred by relevant laws and regulations of the People’s Republic of China, the Charter of Changzhou Arbitration Commission, and these Rules. The Vice Director or the person in charge of a permanent institution of CZAC may perform the duties of the Director upon authorization by the Director.

8. The permanent institution of CZAC is the Changzhou Arbitration Commission Office, which is responsible for handling the daily affairs of CZAC under the direction of the office director. CZAC assigns staff members to serve as arbitration secretaries, responsible for the procedural management of cases.

Article 3 Jurisdiction

1. CZAC accepts arbitration cases related to contractual disputes and other disputes over property rights and interests that arises between Chinese or foreign individuals, legal persons, and non-legal person organizations,

2. CZAC will not accept the following disputes and controversies in accordance with the law:

（i） Marriage, adoption, guardianship, custody, maintenance and inheritance disputes;

（ii） Disputes and controversies that should be handled by other organs and organizations as stipulated by law.

Article 4 Good Faith Arbitration

The parties and other participants in the arbitration procedures shall participate in the arbitration following the principle of good faith, conduct goodwill cooperation, and abide by their commitments. The parties shall ensure that they make true statements and advance their submissions in good faith.

Article 5 Green Arbitration

The parties and other participants in the arbitration procedures shall participate in the arbitration in line with the green environmental protection principle, which is conducive to conserving resources and protecting the ecological environment.

Article 6 Intelligent Arbitration

1. The parties may agree, and the CZAC or the tribunal may also decide, to conduct all or part of the arbitration proceedings with the assistance of information technology.

2. The use of technology should follow the principles of technological neutrality, efficiency and convenience, equal rights, safety, and reliability.

3. The use of technology should follow the laws and regulations on network security, personal information protection, and data security.

Article 7 Principle of Confidentiality 

1. Arbitration shall be held in camera. Where the parties agree to request a public hearing or disclose case information, the tribunal shall decide whether or not to grant the request. CZAC shall make the decision prior to the formation of the tribunal.

2. For cases heard in camera, the parties and their related personnel, other arbitration participants, and relevant personnel of CZAC, whether during the conduct of the arbitration or after the rendering of the arbitral award, shall not disclose to any outsiders any substantive or procedural matters in relation to the case unless otherwise provided by laws and regulations.

3. CZAC may, with the consent of the parties, publish desensitized and anonymized awards.

Article 8 Scope of Application 

1. These Rules shall apply where parties have agreed to refer their disputes to CZAC, or its arbitration centers, arbitration courts, sub-commissions and offices unless the parties agree otherwise or the special arbitration rules formulated by CZAC provide otherwise.

2. Where the parties have agreed to refer their disputes to CZAC for arbitration under other arbitration rules or agreed on any modification of these Rules or the special arbitration rules formulated by CZAC, the parties’ agreement shall prevail except where such an agreement is inoperative or in conflict with a mandatory provision of the law applicable to the arbitration proceedings. If the parties agree to apply other arbitration rules, CZAC shall fulfill the corresponding procedural management responsibilities.

3. Where the parties agree for arbitration under these Rules or special arbitration rules formulated by CZAC without designating the arbitration institution, they shall be deemed as having agreed to submit their disputes to CZAC.

4. Where the special arbitration rules formulated by CZAC are to be applied for arbitration, and the special arbitration rules are inconsistent with these Rules, the provisions of the special arbitration rules shall prevail; for matters not provided for in the special arbitration rules, these Rules shall apply.

5. If the parties object to whether these Rules formulated by CZAC shall apply to the case, the arbitral tribunal shall decide, and CZAC shall decide before the formation of the arbitral tribunal.

6. CZAC or the tribunal shall have the discretion to deal with matters not expressly provided for in these Rules in a manner they consider appropriate in order to promote a just and timely resolution of the dispute between the parties.

Article 9 Waiver of Right to Object 

A party shall be deemed to have waived its right to object where it knows or should have known that any provision of these Rules, other arbitration rules applicable to the arbitration proceedings or arbitration agreements or a decision of the arbitral tribunal has not been complied with and yet participates in or proceeds with the arbitration proceedings without submitting its objection to such non-compliance in writing prior to the issuance of the arbitral award.

Chapter II  Arbitration Agreement and Jurisdiction

Article 10 Arbitration Agreement 

1. An arbitration agreement is an agreement between the parties to submit disputes that may arise in the future or have already occurred to arbitration, including arbitration clauses in the contract and other written agreements reached before or after the dispute arises to request arbitration.

2. An arbitration agreement shall be in writing. An arbitration agreement is in writing if it is contained in a document such as, but not limited to, a contract, letter and data messages (including telegram, telex, facsimile, email, or EDI).

3. Where one party undertakes in writing to submit the dispute to the CZAC for arbitration and the other party submits the dispute to the CZAC for arbitration shall be deemed that there is an arbitration agreement in writing.

4. Where the parties sign the record of oral hearings or other documents jointly during the arbitration proceedings, stating their agreement to arbitrate in the CZAC shall be deemed that there is an arbitration agreement in writing.

5. Where there are different provisions on the form and validity of an arbitration agreement in the laws applicable to the arbitration agreement, such provisions shall prevail.

Article 11 Independence of Arbitration Agreements

An arbitration agreement shall be treated as independent. The validity of an arbitration agreement shall not be affected by the nonexistence, ineffectiveness, invalidity, expiry, rescission, modification, cancellation, suspension, termination, transfer, or impossibility of performance of the underlying contract.

Article 12 Objection to Jurisdiction and Decision on Jurisdiction

1. If a party has objections to the existence, validity of the arbitration agreement and jurisdiction of the case, they shall raise them in writing before the first oral hearing of the tribunal. Where a case is to be decided on the basis of documents only, such objection shall be raised in writing before the expiry of the time-limit for the submission of the first defense. Where there are different provisions in the laws applicable to the arbitration agreement, such provisions shall prevail.

2. The arbitration shall proceed notwithstanding an objection to jurisdiction.

3. CZAC is authorized to make a decision on the existence and validity of the arbitration agreement and on the jurisdiction of the arbitration case on the basis of a prima facie case, or it may notify the parties that objections to jurisdiction are to be decided by the arbitral tribunal after it has been formed to hear the case. The arbitration proceedings shall continue if CZAC finds, on the basis of prima facie evidence, that there is a valid arbitration agreement and decides that it has jurisdiction.

4. After the formation of the arbitral tribunal, it has the authority to make decisions on jurisdiction. The jurisdiction decision made by CZAC based on prima facie evidence does not prevent the arbitral tribunal from making a new jurisdiction decision based on facts or evidence found to be inconsistent with the prima facie evidence during the trial process.

5. The arbitral tribunal may make its decision on jurisdiction either during the arbitration proceedings or in the arbitral award.

6. If CZAC or the arbitral tribunal deems that it has no jurisdiction over the arbitration case after examination, the arbitration procedure shall be terminated.

Chapter III  Arbitration Application, Defense and Counterclaim

Article 13 Conditions for Applying for Arbitration

A party’s application for arbitration shall be subject to the following conditions:

1. there is an arbitration agreement;

2. there is a (are) clear respondent(s);

3. there is(are) specific claim(s) and the facts and grounds on which the claim(s) is(are) based; and

4. it falls within the scope of the case of CZAC.

Article 14 Request for Arbitration

I. A party applying for arbitration shall submit the following documents:

1. Submit a Request for Arbitration containing the following matters in writing signed and/or sealed by the Claimant:

（1） Information on the parties, including but not limited to the identity information, address and contact information of the natural person, name, unified social credit code and residence of the legal person or unincorporated organization and name, position and contact information of the legal representative or principal person in charge;

（2） An arbitration agreement or other supporting materials agreed to be submitted to CZAC for arbitration;

（3） the statement of claim and the facts and grounds on which the claim is based.

2.The evidence on which the arbitration application is based.

3.Documents certifying both parties’ identities.

4.Confirmation of delivery address and other supporting documents for both parties.

II. If the party’s application materials for arbitration do not comply with the provisions of section 1 of this Article, CZAC shall have the right to request that they be corrected or supplemented within a specified period of time; if they are not corrected or supplemented within the said period of time, it shall be deemed that the application for arbitration has not been filed.

III. The parties shall make advance payment of arbitration fees in accordance with the notice and designated deadline of CZAC.

Article 15 Claims Under Multiple Contracts in One Arbitration

1. If disputes arise between parties due to multiple contracts, and the arbitration agreements of multiple contracts stipulate that they shall be submitted to CZAC for arbitration, and the contents of the arbitration agreements are identical or compatible, and the relevant disputes originate from the same transaction or a series of related transactions, the Claimant may submit a Request for Arbitration under multiple contract disputes in one arbitration. Whether to agree or not shall be decided by CZAC, and the arbitral tribunal shall decide after its formation.

2. If CZAC or the arbitral tribunal decides to accept the application for claims under multiple contracts to be heard in one arbitration, the Respondent may request that multiple contracts be heard separately by submitting an application in writing within the time limit for submitting the Statement of Defense under these Rules, and CZAC or the arbitral tribunal has the discretion to decide whether to grant permission.

Article 16 Claims Between Multiple Parties in One Arbitration

1. If there are more than two Claimants or Respondents in a case, or if there are additional parties, any party may make a claim for arbitration against the other parties on the basis of the same arbitration agreement, and the decision whether or not to agree shall be made by CZAC or by the arbitral tribunal after its formation.

2. The request, acceptance, defense and amendment of the above-mentioned arbitration claim shall be governed by Articles 13 to 15 and 17 to 20 of these Rules.

Article 17 Acceptance of a Case

1. Within five days from the date of receipt of a Request for Arbitration that complies with the provisions of Articles 13 and 14 of these Rules, as well as the payment of arbitration fees in full in advance, CZAC, if it considers that the conditions for acceptance have been met, shall accept the request and notify the Claimant in writing of the acceptance, accompanied by the Arbitration Rules, the Panel of Arbitrators and other attachments.

2. If CZAC considers that the conditions for admissibility are not met, it may notify the Claimant that it is inadmissible and state the reasons.

3. The arbitration procedure shall commence from the date of acceptance of the Request for Arbitration by CZAC.

Article 18 Notice of Arbitration and Defense

1. After accepting the Request for Arbitration, CZAC shall promptly deliver the Notice of Arbitration together with the Request for Arbitration and its relevant evidence to the Respondent, along with the Arbitration Rules, the Panel of Arbitrators and the attachments. If the Claimant submits an application for preservation of property, evidence, and etc. together with the arbitration application and it is submitted to the court by CZAC, the service period may be appropriately extended.

2. Within fifteen (15) days from receipt of the Notice of Arbitration, the Respondent shall submit a Statement of Defense and relevant evidence in writing to CZAC and also attach the documents certifying its identity and confirmation of delivery address.

3. The Statement of Defense shall be signed by or sealed by the Respondent or its authorized representative(s), and shall, among other things, include:

(1) Information on the parties, including but not limited to the identity information, address and contact information of the natural person, name, unified social credit code and place of residence of the legal person or unincorporated organization and name, position and contact information of the legal representative or principal person in charge;

(2) Defense to the Claimant’s arbitration request and the facts and grounds on which it is based.

4. Failure of the Respondent to submit a Statement of Defense shall not affect the conduct of the arbitration proceedings.

Article 19 Submission and Acceptance of Counterclaim

1. If the Respondent has a counterclaim, it shall be filed in writing within the defense period stipulated in Article 18 of these Rules, in accordance with the provisions of Articles 13 and 14 of these Rules.

2. The tribunal or CZAC (in case prior to the formation of the tribunal) may decide whether to accept a counterclaim submitted after the expiration of the time limit. In deciding whether to accept a late-filed counterclaim, CZAC or the arbitral tribunal shall be entitled to take into account such factors as the need to consolidate the counterclaim and the request for arbitration, the period of time for which the counterclaim was filed late, and whether or not it would cause unnecessary delay to the proceedings.

3. Arbitration claims and counterclaims shall be consolidated in one arbitration.

4. If these Rules do not provide for other matters related to counterclaims, they shall be handled in accordance with the relevant provisions of these Rules on Request for Arbitration.

Article 20 Amendment to Claim or Counterclaim

1. The parties may apply to amend its claim and counterclaim in writing and whether it is admissible or not shall be decided by the arbitral tribunal or CZAC before the formation of the arbitral tribunal.

2. CZAC or the arbitral tribunal may refuse any such amendment if it considers that the amendment is too late and may delay the arbitration proceedings or leads to other circumstances.

3. If these Rules do not provide for other matters related to amendment of claims or counterclaims, they shall be handled in accordance with the relevant provisions of these Rules on Request for Arbitration.

Article 21 Consolidation of Arbitration 

1. The arbitral tribunal may decide to consolidate two or more cases of the same type or related subject matter into one single arbitration upon joint application by the parties, or upon application by one party and with the consent of the other parties.

2. Unless otherwise agreed by all the parties, the arbitrations shall be consolidated into the arbitration that was first commenced.

3. The provisions of this article shall not apply to two or more cases where the constitution of the arbitral tribunal is different.

Article 22 Joinder of Additional Parties

1. Before the formation of the arbitral tribunal, the parties may apply in writing to join an additional party to the case based on the same arbitration agreement. Whether to accept it or not shall be decided by CZAC.

2. The party wishing to join an additional party shall file the Request for Joinder and clarify the status of the parties to be added. The submission, acceptance, and defense of the joinder shall be handled in accordance with the provisions of Articles 13 to 18 of these Rules.

3. After the additional party enters the arbitration proceeding, the relevant procedures for the formation of the arbitral tribunal shall be conducted in accordance with the provisions of Articles 27 to 31 of these Rules.

4. After the formation of the arbitral tribunal, new Request for Joinder will not be accepted unless the Claimant, Respondent, and the additional party unanimously agree.

Article 23 Copies of Submissions

1. Unless otherwise agreed by the parties, CZAC or the arbitral tribunal may require the parties to submit the Request for Arbitration, the Statement of Counterclaim, the Statement of Defense, evidence, and other arbitration documents in electronic or hard copies form. Where the electronic version is not identical with the hard copies, the hard copies version shall prevail.

2. Where parties agree to submit arbitration documents by electronic means，identical hard copies may be required if CZAC or the arbitral tribunal deems it necessary.

3. Where parties make their submissions in hard copies, such submissions shall be in quintuplicate. Where there are multiple parties and mailing addresses, additional copies shall be provided accordingly. Where the arbitral tribunal is composed of a sole arbitrator, the number of copies submitted may be reduced by two.

4. Unless otherwise agreed by the parties or decided by the arbitral tribunal, the Request for Arbitration, the Statement of Counterclaim, the Statement of Defense, evidence, and other arbitration documents submitted by the parties shall be transmitted or served on other parties by CZAC or the arbitral tribunal in electronic or paper form.

Article 24 Representation 

1. The parties may be represented by authorized lawyer(s) or other representative(s) to handle matters relating to arbitration. The number of representatives shall not exceed three.

2. If there are two or more representatives, the arbitral tribunal may request the appointment of one representative as the main spokesperson.

3. The Representative(s) shall submit to CZAC the Power of Attorney issued by the party and the representative(s)’ identification documents. The Power of Attorney shall specify the specific entrusted matters and authorities. If the authority of the representative(s) is changed or terminated, the party shall notify CZAC in writing.

4. Where a party needs to change or add a representative(s) after the tribunal’s constitution, it shall submit a written request to the tribunal. After hearing the opinions of the parties, the tribunal may decide whether to permit the new party representative’s involvement in the arbitration, taking into account factors such as the circumstances under which the parties have expressed their opinions on the matters concerning the challenge of the arbitrator within a reasonable period, the progress of the tribunal’s hearing of the case, and the prevention of conflicts of interest arising from the change of the arbitrator’s representative(s).

Article 25 Preservation Measures

1. If one party, due to the actions of the other party or other reasons, may render the award unenforceable, difficult to enforce, or cause other damages to the other party, it may apply for the preservation of the other party’s property, order them to take certain actions, or prohibit them from taking certain actions.

2. In cases where evidence may be lost or difficult to obtain in the future, a party may apply for evidence preservation.

3. If a party submits the above-mentioned application, CZAC or the arbitral tribunal shall forward the party’s application to a court with competent jurisdiction.

4. If, due to the urgency of the situation, a party does not immediately apply for preservation, which will cause irreparable damage to its lawful rights and interests, or if the evidence may be lost or difficult to obtain in the future, the party may, in accordance with the relevant provisions of the law, apply for preservation before applying for arbitration.

Article 26 Prevention of Fraudulent Arbitration

1. If a party and its representative(s) engage in fraudulent arbitration, or damage national interests, public interests of society or the lawful rights and interests of others through arbitration, CZAC shall have the right to decide not to accept the party’s request for arbitration, and the arbitral tribunal shall have the right to reject the request for arbitration or arbitration claim(s).

2. If the arbitral tribunal finds in the course of the hearings that there is a suspicion of fraudulent arbitration in the case, it may take the following measures:

(1) Notify the parties to appear before the tribunal to participate in the arbitration;

(2) Notify the parties to submit relevant evidence;

(3) Notify witnesses to appear before the tribunal to testify;

(4) Inquire about relevant information from interested party;

(5) Conduct investigations and gather evidence in accordance with authority;

(6) Require the party and representative(s) to sign an undertaking;

(7) Other measures that may be taken in accordance with the law.

3. CZAC or the arbitral tribunal may require the parties to make a declaration to ensure the legality and authenticity of the mediation agreement or settlement agreement reached, and the related transactions, promising not to harm national interests, social public interests, or the legitimate rights and interests of others.

4. If the arbitral tribunal has reasonable doubts as to the authenticity or legality of the mediation agreement or settlement agreement, or if it considers that the issuance of a mediation document or the issuance of an award on the basis of the content of the mediation agreement or settlement agreement may jeopardize national interests, public interests of society or the lawful rights and interests of other persons, it has the right to request the parties to make explanations; if the explanations of the parties fail to dispel the reasonable doubts of the arbitral tribunal, the arbitral tribunal has the right to refuse to issue a mediation document or render an award on the basis of the mediation agreement.

Chapter IV  Tribunal

Article 27 Appointment of Arbitrators

1. The parties shall appoint arbitrators from the Panel of Arbitrators provided by CZAC.

2. If a party appoints an arbitrator whose habitual place of residence is not within the administrative area of Changzhou City, it shall bear the additional reasonable expenses thus incurred and pay them in accordance with the period of time notified by CZAC; if it fails to pay the expenses within the said period of time, it shall be deemed to have waived the nomination of such arbitrator, and the arbitrator shall be appointed by the Director of CZAC.

Article 28 Number of Arbitrators and Constitution of Arbitral Tribunal

1. The parties may reach an agreement on the number of arbitrators, which may be one (1) or three (3) persons.

2. Unless otherwise agreed by the parties or provided by the Rules, an arbitral tribunal shall be composed of three arbitrators.

3. An arbitral tribunal composed of three arbitrators shall be a three-arbitrator tribunal, with a presiding arbitrator, and a tribunal composed of one arbitrator shall be a sole arbitrator.

4. Parties may agree on the means of appointing arbitrators, unless such agreement cannot be implemented or is in conflict with a mandatory provision of the law applicable to arbitration proceedings.

Article 29 Three-arbitrator Tribunal 

1. Unless otherwise agreed by the parties, the Claimant and the Respondent shall each appoint or entrust the Director of CZAC to appoint an arbitrator from the Panel of Arbitrators within fifteen (15) days of receiving the Notice of Acceptance or the Notice of Arbitration respectively. Where a party fails to do so, the Director of CZAC shall appoint the arbitrator.

2. Unless otherwise agreed by the parties, the parties shall jointly appoint or entrust the Director of CZAC to appoint the presiding arbitrator within fifteen (15) days of receiving the Notice of Acceptance or the Notice of Arbitration respectively; the parties may also, within fifteen (15) days from the date of receipt of the Notice of Acceptance or the Notice of Arbitration respectively, submit to the CZAC a list of not more than five proposed presiding arbitrators. If one of the names on the lists is the same, that arbitrator shall be the presiding arbitrator jointly chosen by the parties; if two or more names on the lists are the same, the Director of CZAC shall, in the light of the circumstances of the case, determine the presiding arbitrator from among the same candidates, and the arbitrator so determined shall remain the presiding arbitrator jointly chosen by the parties.

3. If the presiding arbitrator fails to be appointed in accordance with preceding paragraph 2 of this article, the Director of CZAC shall appoint the presiding arbitrator in addition to the proposed list of the parties.

4. If an arbitrator chosen by the parties pursuant to this article or a presiding arbitrator jointly chosen by the parties refuses to accept the nomination, the parties shall, within fifteen (15) days from the date on which they each received Notice of the Re-selection of the Arbitrator, make a new nomination of an arbitrator pursuant to this article; in the event that they fail to make a new nomination of an arbitrator within the foregoing period of time, the Director of CZAC shall make the appointment. If an arbitrator appointed by the Director of CZAC under this article or the presiding arbitrator refuses to accept the appointment, the Director of CZAC shall make a new appointment.

Article 30 Sole-Arbitrator Tribunal 

Where the arbitral tribunal is composed of one arbitrator, the sole arbitrator shall be appointed pursuant to the appointment procedures of the presiding arbitrator stipulated in Article 29 of these Rules.

Article 31 Multiple-Party Tribunal 

1. Where there are two or more Claimants and/or Respondents in an arbitration case, the Claimant side and/or the Respondent side shall each jointly appoint or jointly entrust the Director of CZAC to appoint one arbitrator. Where either the Claimant side or the Respondent side fails to jointly appoint or jointly entrust the Director of CZAC to appoint one arbitrator within fifteen (15) days from the date of its receipt of the Notice of Acceptance or the Notice of Arbitration respectively, the Director of CZAC shall appoint the arbitrator.

2. Other procedures relating to the constitution of the tribunal in multiple parties’ cases shall be conducted in accordance with the provisions of Article 27 to Article 30 of these Rules.

Article 32 Notice of Formation of the Arbitral Tribunal

After the formation of the arbitral tribunal, CZAC shall promptly notify the parties in writing of the formation of the arbitral tribunal.

Article 33 Professional Conduct of Arbitrator(s)

1. An arbitrator shall not represent either party and shall remain independent of the parties and shall treat them equally.

2. If an arbitrator accepts the nomination or appointment, he or she shall perform his or her duties in accordance with these Rules and shall conduct the arbitration proceedings in a fair and timely manner.

Article 34 Arbitrator Information Disclosure

1. An arbitrator appointed by the parties or appointed by the Director shall immediately sign a Declaration and disclose in writing when he or she becomes aware of the existence of circumstances with the parties to the case or with the representative(s) that may likely to give rise to justifiable doubts as to his/her impartiality or independence in the course of the arbitration proceedings.

2. CZAC shall forward the arbitrator’s written disclosure to the parties. Upon receipt of the Declaration and/or the written disclosure of an arbitrator, a party wishing to challenge the arbitrator shall forward the challenge in writing within five (5) days from the date of such receipt.

3. Where a party applies for the challenge of an arbitrator on the basis of a matter disclosed by the arbitrator, the provisions of article 36 of these Rules shall apply.

4. If a party does not challenge an arbitrator within the period of time provided for in paragraph 2 of this article, it may no longer apply for challenge of that arbitrator on the basis of a matter previously disclosed by that arbitrator.

Article 35 Third Party Funding 

1. The party obtaining third-party funding shall submit to CZAC or the arbitral tribunal without delay during the arbitration proceedings the facts of the third-party funding arrangement, the financial interest, and the name and address of the third-party funder. CZAC or the arbitral tribunal may require the party obtaining third-party funding to disclose the relevant information if it considers it necessary in order to ensure that the arbitrators fulfill their obligation to disclose the information.

2. When deciding the costs of arbitration and other fees in the award，the arbitral tribunal may take into account of the existence of the third party funding arrangement and the fact whether the requirements set forth in the preceding Paragraph 1 are complied with by the funded party.

Article 36 Challenge to Arbitrator 

1. If an arbitrator falls under any of the following circumstances, he/she shall withdraw him/herself, and the parties have the right to challenge:

(1) The one who is a close relative of the party or its representative(s) in this case;

(2) The one with an interest in the case;

(3) The one who meets with the party or representative(s) without authorization, or accepts invitations or gifts from the party or representative(s);

(4) The one who has other relationships with the party or representative(s) in this case that may affect the impartiality of the arbitration:

(a) The one who has served as a legal adviser to a party and has been out of office for less than two years;

(b) The one who has worked in the same organization as the party concerned or his/her representative and has been away for less than two years;

(c) The one who has represented the party and the previous case he or she represented was concluded less than two years before this case is heard;

(d) The one who recommended or introduced representative(s) for the party in this case;

(e) The one who has served as a witness or expert in the case or in a case related to this case;

(f) Other circumstances that may affect the fairness of the arbitration.

2. A party shall challenge the arbitrator in writing and shall state the facts and reasons on which the challenge is based with supporting evidence.

3. The challenge of an arbitrator shall be made before the first hearing. If the reasons for the challenge become known after the first hearing, or if the case is heard in writing, the challenge shall be made within ten (10) days after the reasons for the challenge become known.

4. CZAC shall communicate the challenge promptly to the other party, the arbitrator being challenged, and the other members of the tribunal, who subsequently may all provide their comments on such challenge.

5. Where an arbitrator is challenged by one party and the other party agrees to the challenge, or the arbitrator being challenged withdraws from his/her office, such arbitrator shall no longer act as an arbitrator. Neither circumstance shall imply that the challenge made by the party is sustainable.

6. If a representative is appointed by a party after the party being informed of the constitution of the arbitral tribunal and as a result, the arbitrator(s) constitutes circumstances warranting withdrawal, that party is deemed to have waived its right to challenge the arbitrator(s) on those grounds, without prejudice to the right of other parties to challenge the arbitrator(s) on those grounds. If no other party has filed a challenge, it is deemed that there is no objection, and the arbitrator is not required to withdraw him/herself. If an arbitrator is challenged or voluntarily withdraws as a result of that matter and the arbitration proceedings are therefore delayed, the tribunal shall be entitled to require that party to bear the costs incurred as a result in accordance with the provisions of Article 62 of these Rules.

7. In circumstances other than those specified in paragraph 5, the Director of CZAC shall decide on the challenge to the arbitrators. If the Director is to act as arbitrator, the decision shall be made collectively by CZAC. An arbitrator who has been challenged shall continue to perform his/her functions as arbitrator until the Director or CZAC has decided on the challenge.

Article 37 Replacement of Arbitrator(s)

1. Where an arbitrator is prevented de jure from performing, or is de facto unable to perform his/her functions due to health reasons, removal, or withdrawal after acceptance of the appointment, or he/she fails to perform his/her functions under the requirements in these Rules, the parties may request the replacement of the arbitrator, and such arbitrator may also withdraw his/her acceptance of the appointment. The Director of CZAC has the discretion to decide whether to replace such arbitrator.

2. In the event of the withdrawal of such an arbitrator, the replacement arbitrator shall be re-nominated or appointed in accordance with the procedure followed for the original nomination or appointment of that arbitrator, except in the event of continuation of arbitration by majority arbitrators as provided for in article 39 of these Rules.

3. After the replaced arbitrator has accepted the nomination or appointment, the provisions of articles 34 to 36 of these Rules shall apply to the disclosure and challenge of the arbitrator.

Article 38 Change of Arbitral Tribunal 

If the replacement of arbitrator(s) results in a change of the arbitral tribunal, the parties may request that the arbitration proceedings that have already taken place be reopened in whole or in part, with or without granting permission to be decided by the changed arbitral tribunal; or the changed arbitral tribunal may, on its own initiative, decide whether to reopen in whole or in part the arbitration proceedings that have already taken place. In the event of a change of the arbitral tribunal, the period of time for rendering the award provided for in these Rules shall be recalculated from the date of formation of the changed arbitral tribunal.

Article 39 Continuation of Arbitration by Majority Arbitrators

After the conclusion of the last oral hearing and deliberation opinion, if an arbitrator on a three-member tribunal is unable to continue to perform his or her functions for a specific reason, such as health reason, the other two arbitrators may request the Director of CZAC to replace that arbitrator pursuant to Article 37 of these Rules. After consulting with the parties and upon the approval of the Director of CZAC，the other two arbitrators may  continue the arbitration proceedings and make decisions, rulings, or render the award.

Chapter V  Hearings

Article 40 Mode of Hearing 

1. The arbitral tribunal shall decide on the procedural matters and examine the case in any way it deems appropriate unless otherwise agreed by the parties.

2. The arbitral tribunal shall hold oral hearings when examining the case. However, the arbitral tribunal may examine the case on the basis of documents only if the parties so agree and these Rules provide otherwise. If the arbitral tribunal considers that it is not necessary to hold oral hearings, it may decide, after consulting the parties, to conduct the case based on documents submitted by the parties.

3. If the parties agree to conduct the arbitration on the basis of documents, their agreement shall prevail; However, the arbitral tribunal may hold oral hearings if it considers it necessary to do so.

4. The arbitral tribunal has the right to decide that all or part of the arbitration proceedings shall be heard by means of information technology.

5. The tribunal may, if it considers it necessary, issue procedural order and lists of questions, hold pre-hearing meetings and preliminary hearings, and produce terms of reference to improve the quality and efficiency of the proceedings, and may also make arrangements for the exchange or examination of evidence, post-hearing procedures, re-opening of the hearing.

Article 41 Notice of Oral Hearing

1. The date of the first oral hearing shall be fixed by the tribunal and notified to the parties at least ten (10) days in advance of the date of the oral hearing. The tribunal may hold hearings ahead of schedule with the consent of the parties.

2. A party with justifiable reasons may request a postponement of the oral hearing. However, such a request shall be communicated to the tribunal in writing at least five (5) days in advance of the date of the oral hearing. The tribunal shall decide whether to postpone the oral hearing or not. If the arbitral tribunal does not give notice of the postponing, the date and place of the oral hearing remain unchanged. The arbitral tribunal may, on its own initiative, decide to postpone the hearing if it considers it necessary and notify the parties in a timely manner.

3. If a party having justifiable reasons fails to request a postponement of the oral hearing within the time limit in Article 42.2, the tribunal shall decide whether to accept such request or not.

4. A notice of early oral hearing and a notice of oral hearing after the first oral hearing and a notice of a postponed oral hearing shall not be subject to the time limit in Article 42.1.

Article 42 Place of Oral Hearing 

1. Unless otherwise agreed by the parties or the tribunal decides to hold oral hearing through information technology, cases to which these Rules apply shall be heard at the domicile of the CZAC, the location includes CZAC, arbitration centers, arbitration courts, sub-commissions and offices

2. If the parties agree to hold the oral hearing at a location other than the one specified in the first paragraph of this article, and upon application and with the consent of the arbitral tribunal, or if the arbitral tribunal decides based on the actual situation of the case and with the approval of CZAC, the oral hearing may also be held at another location.

3. If the parties agree to hold a hearing at a location other than the one specified in the first paragraph of this article, they shall prepay the venue fees, travel expenses, accommodation and other expenses in accordance with the agreed or determined proportions by the arbitral tribunal within the prescribed time limit. If the parties fail to make advance payment within the prescribed time limit, the oral hearing shall be held in CZAC.

Article 43 Default 

1. If the Claimant, upon written notice, fails to appear at an oral hearing without showing justifiable reasons for such failure or withdraws from an ongoing oral hearing without the tribunal’s permission, the Claimant shall be deemed to have withdrawn its Request for Arbitration. In such a case, if the Respondent has filed a counterclaim, the tribunal shall proceed with the hearing of the counterclaim.

2. If the Respondent, upon written notice, fails to appear at a hearing without showing justifiable reasons for such failure or withdraws from an ongoing hearing without the tribunal’s permission, the tribunal may proceed with arbitration and render a default award. In such a case, if the Respondent has filed a counterclaim, the Respondent shall be deemed to have withdrawn its counterclaim.

Article 44 Record of Oral Hearing 

1. During the oral hearing, the tribunal shall make a written record of the oral hearing. At the application of the parties or at the request of the arbitral tribunal, the mediation may not be recorded.

2. The arbitral tribunal may decide to use synchronous audio and video recording to record the oral hearing.

3. Upon joint application by the parties, or application by one of the parties and with the consent of the tribunal, or at the discretion of the tribunal, the tribunal may hire professional stenographers or use other means to prepare the record of the oral hearing, and the expenses incurred therein shall be paid in advance by the parties.

4. The parties and other participants in the arbitration shall read the transcript of the oral hearing in court. Where the parties and other relevant participants to the arbitration believe there is an omission or error in the written record of their statements, they may apply for correction in court. Such application shall be kept in the record if denied by the arbitral tribunal.

5. The transcript shall be signed or sealed by the parties and other arbitration participants or arbitrators. If the parties refuse to sign or seal, it shall be recorded. If the oral hearing is conducted through information technology, the transcript shall be confirmed in accordance with the method determined by the arbitral tribunal.

Article 45 Evidence 

1. The parties bear the burden to provide evidence to prove the facts on which their own requests are based or to refute the facts on which the other party’s requests are based. The arbitral tribunal has the power to determine the allocation of burden of proof and the authentication of evidence based on the claims of the parties. If the party fails to submit evidence within the prescribed time limit, or if the evidence submitted is insufficient to prove the facts claimed by the party, the party with the burden of proof shall bear the adverse consequences arising therefrom.

2. The tribunal shall specify a period for the parties to submit evidence unless otherwise agreed by the parties on the time limit for providing evidence and have obtained the consent of the arbitral tribunal, such agreement shall prevail. The parties shall produce evidence within the specified period, and the tribunal may refuse to admit any evidence produced beyond the period. If a party has difficulties submitting evidence within the specified period, it may apply for an extension before the expiration of the period. The tribunal shall decide whether or not to extend the period.

3. Where a party applies for factual witness to appear at an oral hearing, it shall specify in the written application the identity information of the witness, the objects of proof to be stated, contact information, the language used and accompanied by the witness’s identification documents. The tribunal may decide whether to grant witness testimony and the relevant arrangements for the witness to testify.

4. Where a party applies for expert witness to appear at an oral hearing to testify on professional issues related to expert reports, expert opinions, or case facts, they shall specify in the written application the identity information of the expert witness, the objects of proof to be stated, contact information, the language used and accompanied by the witness’s identification documents and proof of relevant expertise. The tribunal may decide whether to grant witness testimony and the relevant arrangements for the witness to testify.

5. The parties shall classify the evidence materials submitted one by one, indicate the serial number and page number, and attach a list of evidence, briefly stating the name of the evidence materials, the source of evidence, the object of proof, and the contents, sign and stamp, and indicate the submission date.

6. If one party does not object to the authenticity of the copies, photographs, duplicates, or excerpts submitted by the other party, they may be deemed to be consistent with the original.

7. Unless otherwise agreed by the parties or provided for in these Rules, evidentiary materials and written documents submitted in a foreign language shall be accompanied with  Chinese translation. If the arbitral tribunal considers it necessary, it may require the parties to provide a corresponding Chinese translation or a translation into another language.

Article 46 Expert Report and Appraiser Opinion  

1. The parties may request a consultation, review or appraisal on specific issues of a case. The tribunal has the discretion to decide whether to grant permission. If the arbitral tribunal considers it necessary to make a request for expert advice, review or appraisal but the parties do not agree to it, the parties shall state their reasons, and the arbitral tribunal shall decide whether or not to adopt it.

2. The parties may agree in advance or jointly select experts or appraisers within the time limit designated by the arbitral tribunal. The arbitral tribunal may also determine by computer lottery or by a method designated by the arbitral tribunal.

3. An expert or appraiser shall, under the provisions of Article 34 of these Rules, disclose in writing circumstances that may give rise to doubts as to his/ her independence and impartiality before accepting the appointment, which CZAC shall forward to the parties and the tribunal.

4. The parties shall pay in advance the consultation/evaluation/ appraisal fees according to the percentage agreed to or specified by the tribunal. Where the parties fail to pay such fees in advance within the specified period, the tribunal has the discretion to decide not to conduct the relevant consultation, review or appraisal.

5. The tribunal has the discretion to request the parties to deliver or produce to the expert or appraiser relevant materials, documents, or properties and goods for examination, inspection, or appraisal. The parties are obliged to comply with such requests.

6. If a party who bears the burden of proof for matters that require expert consultation, review, or appraisal fails to submit an application, prepay fees, or refuse to submit, present relevant materials, documents, property, goods without justifiable reasons within the prescribed time limit, resulting in the inability to conduct expert consultation, review, or appraisal, they shall bear the adverse consequences arising therefrom.

7. The expert report or the appraiser opinion shall be transmitted to the parties by CZAC, and the parties shall be given an opportunity to respond. At the request of either party and with the approval of the tribunal, the expert or the appraiser may be heard at an oral hearing where, if considered necessary and appropriate by the tribunal, he/she may give explanations on their reports.

8. If a party requests to supplement or redo expert consultation, review, or appraisal, the decision on whether to allow it shall be made by the arbitral tribunal.

Article 47 Investigation by Tribunal 

1. If the parties apply and the arbitral tribunal agrees, or the tribunal may, on its initiative, undertake investigations and collect evidence as it considers necessary. Evidence collected by the arbitral tribunal on the basis of an investigation conducted at the application of a party is treated as evidence submitted by that party.

2. When investigating and collecting evidence by itself, the arbitral tribunal shall promptly notify the parties to be present at such investigation if it considers necessary. If one or both parties fail to be present, the investigation and collection of evidence by the arbitral tribunal shall proceed without being affected.

3. The arbitral tribunal may require the parties to submit comments on the evidence collected by the arbitral tribunal on its own initiative within a specified period of time, and the arbitral tribunal shall decide whether or not to admit the comments submitted by the parties.

Article 48 Examination and Recognition of Evidence

1. The tribunal may, as necessary for examining the case, arrange for the parties to independently verify whether the original evidence materials and copies are consistent. The tribunal may also entrust the Secretariat to organize the parties to conduct the above verification work.

2. Where a case is conducted through an oral hearing, the evidence shall be exhibited at the oral hearing and examined by the parties. Evidence that the parties jointly confirm or have no objection to may not be exhibited after being explained by the tribunal at the oral hearing, and can be used directly as the basis for determining the facts of the case.

3. The arbitral tribunal shall decide whether to admit the evidence submitted at the oral hearing; if it decides to accept it, the arbitral tribunal, after soliciting the counter-party, may decide to conduct an examination of the evidence during the oral hearing and allow the counter-party to submit written examination of evidence opinions within a certain period of time, or may decide to arrange another oral hearing for examination of such part of the evidence.

4. If evidence is submitted after the oral hearing and the arbitral tribunal decides to admit the evidence without holding further oral hearings, the arbitral tribunal may request the parties to submit their opinions thereon in writing within a specified period.

5. When making determinations on the evidence, the arbitral tribunal may, in addition to relevant laws and regulations, decide based on the overall circumstances of the case in light of industry practices and trading usage.

Article 49 Suspension and Resumption of Arbitration Proceedings

1. The arbitration proceedings may be suspended if the parties jointly or separately apply to suspend the arbitration proceedings, or if one party applies and obtains the consent of the other party, or if there are other circumstances that require the suspension of the arbitration proceedings, such as force majeure as stipulated by law or these Rules, or if the case must be based on the results of another case.

2. After the circumstances giving rise to the suspension of the arbitration proceedings have disappeared, the arbitration proceedings may be resumed at the written request of either party or if CZAC or the tribunal considers it necessary to resume the arbitration proceedings.

3. The arbitral tribunal shall make the decision to suspend or resume the arbitration proceedings, or CZAC shall decide if the arbitral tribunal is not constituted, except where CZAC considers that the suspension of arbitration proceedings should be decided by the arbitral tribunal after its formation.

Article 50 Withdrawal of Claim or Counterclaim

1. A party may submit a request to withdraw its claim or counterclaim in its entirety.

2. If the Claimant withdraws its claim in its entirety, the tribunal shall proceed with its examination of the counterclaim and render the award thereon. If the Respondent withdraws its counterclaim in its entirety, the tribunal shall proceed with the examination of the claim and render the award thereon.

3. If the party applies to withdraw its claim or counterclaim, whether or not to agree shall be decided by the arbitral tribunal or CZAC before the formation of the arbitral tribunal.

Article 51 Termination of Arbitration Proceedings

1. The arbitration proceedings may be terminated if the case is subject to such circumstances as the invalidity of the arbitration agreement, the lack of jurisdiction of CZAC or the ineligibility of the subject matter of the parties, as provided for in the law or these Rules, which require the termination of the arbitration proceedings.

2. The termination of the arbitration proceedings shall be decided by the arbitral tribunal, or CZAC before the formation of the tribunal.

Chapter VI  Arbitration and Mediation

Article 52 Mediation and Settlement

1. Where both parties have the desire for mediation or one party so desires, and the other party agrees when approached by the arbitral tribunal, CZAC or the arbitral tribunal may mediate the case. The parties may also settle on their own.

2. If a party applies for a third party to participate in the mediation and the other parties as well as the third party agree, the arbitral tribunal may notify the third party to participate in the mediation.

Article 53 Mediation

1. CZAC or the arbitral tribunal may conduct the mediation as it considers appropriate.

2. If the parties have the willingness to mediate but are unwilling to have mediation conducted by CZAC or arbitral tribunal, upon the application of the parties, CZAC may assist the parties in mediating in an appropriate manner and procedure.

Article 54 Termination of Mediation

The arbitral tribunal shall terminate mediation if either party requests such termination or if the arbitral tribunal believes further mediation efforts will be futile.

Article 55 Outcomes of Mediation and Settlement

1. Where the parties have reached a mediation agreement through mediation or a settlement agreement by themselves，they may withdraw their claim or counterclaim, or request the arbitral tribunal to render a mediation statement or an arbitral award in accordance with the terms of the mediation agreement or settlement agreement.

2. Where the parties request for a mediation statement, the mediation statement shall clearly set forth the claims of the parties and the terms of the mediation agreement or settlement agreement. It shall be signed by the arbitrators，sealed by CZAC, and served upon both parties.

3. Where the parties have reached a mediation agreement through mediation or a settlement agreement by themselves through negotiation, the parties may, based on the settlement agreement, request CZAC to constitute an arbitral tribunal to render an award or a mediation statement based on the terms of the settlement agreement. Unless otherwise agreed by the parties, the Director of CZAC shall appoint a sole arbitrator to constitute such arbitral tribunal, which shall examine the case using the appropriate procedures and render the mediation statement or an award. The specific procedures and the time limit for rendering the award shall not be subject to other Articles in these Rules.

4. If the parties reach a mediation agreement through mediation or a settlement agreement on their own in respect of part of the claim, and request the arbitral tribunal to make a partial mediation statement or an award on the basis of the content of the mediation agreement or the settlement agreement, they shall be dealt with in accordance with the relevant provisions of these Rules.

Article 56 Effectiveness of Mediation

1. The mediation statement becomes legally effective on the date on which it is signed by the parties.

2. The mediation agreement or settlement agreement that the parties agree to become legally effective upon signature or seal shall be recorded in a transcript or attached to a file after being reviewed and confirmed by the arbitral tribunal, and shall become legally effective upon signature or seal by the parties. If the parties request the production of a mediation statement, the arbitral tribunal may, after examination and confirmation, produce a mediation statement and send it to the parties. The refusal of the parties to accept the mediation statement shall not affect the validity of the mediation agreement or settlement agreement.

Article 57 No Reference to Contents in Mediation

Where mediation fails, CZAC or the arbitral tribunal shall continue the arbitration proceedings and render an award. Unless expressly agreed by the parties, any opinion, view, or statement, and any proposal or proposition expressing acceptance or opposition by either party or by the tribunal in the process of mediation shall not be invoked as grounds for any claim, defense or counterclaim in the subsequent arbitration proceedings, judicial proceedings or any other proceedings.

Chapter VII  Decision and Award

Article 58 Arbitration Decision

1. The arbitral tribunal may decide upon procedural matters during the arbitration proceedings.

2. Any decision of an arbitral tribunal comprising three 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.

3. Any decision of an arbitral tribunal comprising one arbitrator shall be made by the sole arbitrator.

4. The presiding arbitrator may, with the authorization of the arbitral tribunal, decide upon procedural matters.

5. CZAC or the arbitral tribunal has the right to make decisions in a manner it deems appropriate, and the decisions shall have legal effect from the date of their making. If the arbitral tribunal makes a decision, the decision shall be signed by the arbitrators and stamped with the official seal of CZAC; If CZAC makes a decision, it shall be stamped with the official seal of CZAC.

Article 59 Time Limit for Rendering Award

1. The arbitral tribunal shall render its award within 4 months of its constitution. If there are special circumstances justifying an extension to this period, CZAC may approve an extension of an appropriate time period at the request of the arbitral tribunal.

2. The time limit for rendering an award does not include the period of suspension of the arbitration proceedings, the period of expert consultation, review or appraisal, the period of joint application for extension of the oral hearing by the parties, or the period of mediation or settlement, and other periods jointly determined by the parties.

Article 60 Issuance of Award

1. The arbitral tribunal shall fairly, reasonably, independently, and impartially render the award based on facts and applicable laws and with reference to industry practices and trading habits.

2. The arbitral tribunal shall state in the award the claims, the facts of the dispute, the reasons on which the award is based, the result of the award, the allocation of the arbitration costs, and the date on which the award is rendered. The facts of the dispute and the reasons on which the award is based need not be stated in the award if the parties have agreed so or if the award is rendered under the terms of a mediation agreement or a settlement agreement between the parties. The arbitral tribunal has the discretion to determine in the award the specific period for the parties to execute the award and the liabilities to be borne by a party failing to enforce the award within the specified time limit.

3. Where a three-arbitrator tribunal examines a case, the award shall be rendered by all three arbitrators or a majority of the arbitrators. Where the arbitral tribunal cannot reach a majority opinion, the award shall be rendered by the presiding arbitrator’s opinion.

4. Where a one-arbitrator tribunal examines a case, the award shall be rendered by the sole arbitrator.

5. The award shall be signed by the arbitrators and stamped with the official seal of CZAC. An Arbitrator who has a dissenting opinion may or may not sign his/her name on the award. The award may include different opinions, but the award should still be made in accordance with the provisions of the third paragraph of this article.

6. The date on which the award is made shall be the date on which the award comes into legal effect. The arbitral award is final and binding to both parties.

7. The arbitral award shall be delivered to the parties in hard copies. Where the parties agree, or where CZAC deems it necessary, the arbitral award may be delivered to the parties in electronic form.

Article 61 Preliminary Award 

1. Upon the request of the parties and if the arbitral tribunal deems it necessary, the tribunal may render a preliminary award on procedural issues, substantive issues, or partial requests of the parties. The preliminary award is a part of the final award with binding effect on the parties.

2. Failure to perform the preliminary award by any one of the parties will neither affect the continuation of the arbitration proceedings nor prevent the arbitral tribunal from rendering the final award.

Article 62 Burden of Costs 

1. The costs of the arbitration shall in principle be borne by the losing party. If either party is only partially successful, the arbitral tribunal shall determine the proportion of each party’s share of the costs on the basis of the extent of the liability of each party and the specific circumstances of the case. If the parties reach a settlement either independently or as a result of mediation by the arbitral tribunal, they may agree upon the proportion of their respective shares. If there is no negotiation or no agreement can be reached through negotiation, the arbitral tribunal shall make an award.

2. If the parties or their representative(s) violate the provisions of these Rules, fail to comply with the decisions of CZAC or the arbitral tribunal, or fail to follow the principle of good faith, resulting in a delay in the arbitration proceedings, the allocation of arbitration costs to the party at fault shall not be limited by the provisions of Article 61(1). Where other costs are incurred or increased due to such delay in the arbitration proceedings, the party causing the delay shall also bear the costs so incurred or increased.

3. If the oral hearing is held at the location determined in Article 42 (2) of these Rules, the arbitral tribunal shall have the right to make an award on the final responsible party for any expenses incurred, such as travel expenses, board and lodging expenses, venue fees, etc.

4. The arbitral tribunal may, pursuant to a party’s request, order that the other party shall bear one party’s reasonable costs and expenses for the conduct of the arbitration, including but not limited to representative’s fees, travel expenses, the costs of preservation measures, notarial fees, witness testimony fees, as well as related expenses incurred in entrusting experts for consultation, review, appraisal, and hiring translators. Where the arbitral tribunal determines the amount of these costs and expenses, it shall take into consideration the outcome of the case, its complexity, the actual workload of the parties or their representative(s), the amount in dispute, and the fee standards stipulated by relevant departments.

5. If the arbitral tribunal makes a correction of decision or supplementary award, CZAC will not charge any additional fees.

Article 63 Scrutiny of Draft Award

The tribunal shall submit its award draft to CZAC for scrutiny before signing. CZAC may propose amendments to the form of the award or remind the arbitral tribunal to pay attention to substantive issues to the extent that the tribunal’s independence in rendering the award is not affected.

Article 64 Rectification of Award and Supplementary Award

1. Within thirty (30) days of receiving the award, either party may request in writing for rectification of any clerical, typographical, or calculation error or errors of a similar nature contained in the award; if such errors do exist in the award, the tribunal shall make rectification in writing within thirty (30) days of its receipt of the written request for the rectification. The arbitral tribunal may rectify such errors in writing on its initiative within a reasonable time after the award is rendered. Such rectification in writing shall constitute a part of the award. The rectification of mediation statement and decision shall be subject to the aforementioned provisions.

2. Within thirty (30) days of receiving the award, either party may request the arbitral tribunal in writing for a supplementary award in respect of a matter which was advanced in the arbitration proceedings but was omitted from the award. If such omission does exist, the arbitral tribunal shall render a supplementary award within thirty (30) days upon receipt of the written request. The arbitral tribunal may also render a supplementary award on its initiative within a reasonable period after the award is rendered. Such award shall constitute a part of the award previously rendered.

Article 65 Performance of Award

1. After the award is rendered, the parties shall perform the award within the period specified in the award. If no time limit is specified in the award, the parties shall complete the award immediately.

2. Where one party fails to perform the award, the other party may apply to a competent court to enforce the award according to law.

Article 66 Re-arbitration

1. If a competent court notifies the arbitral tribunal to conduct re-arbitration under the provision of the law, the original tribunal may decide to re-arbitrate the case. If any member of the original tribunal cannot perform their functions due to health, withdrawal, resignation, or other specific reasons, the replacement of the arbitrator shall be effected in accordance with Article 37 of these Rules.

2. The arbitral tribunal shall determine the specific arbitration procedure for re-arbitration.

3. The arbitral tribunal shall render a new award under these Rules.

4. The original award loses legal effect when re-arbitration award enters into force, and the parties shall perform the re-arbitration award.

Chapter VIII  Expedited Procedures

Article 67 Application of Expedited Procedures

1. The expedited procedure shall apply to any case where the amount in dispute does not exceed RMB 1,000,000 unless otherwise agreed by the parties.

2. Where the amount in dispute exceeds RMB 1,000,000, yet where the parties have agreed to apply the expedited procedure, the expedited procedure shall apply.

3. Where the amount in dispute does not exceed RMB 1,000,000, the parties may also agree to apply the normal procedure. The additional costs of arbitration thus incurred shall be borne by the parties.

4. unless otherwise agreed by the parties, where there is no monetary claim or the amount in dispute is not clear，CZAC shall determine whether or not to apply the expedited procedure after full consideration of relevant factors, including but not limited to the complexity of the case and the interests involved and notify the parties.

Article 68 Defense and Counterclaim

1. Within seven (7) days of receipt of the Notice of Arbitration, the Respondent shall submit its Defense and relevant evidence, documents certifying the party’s identity, Confirmation of Address for Service, and other supporting documents. Failure to submit a Statement of Defense shall not affect the arbitration proceedings.

2. If the Respondent has a counterclaim or counterclaims, it shall submit in writing within the time limit for defense provided for in paragraph 1 of this article. The Claimant shall file its Statement of Defense to the Respondent’s counterclaim within seven (7) of its receipt of the Notice of Acceptance of the Counterclaim. Failure to submit a Statement of Defense shall not affect the arbitration proceedings.

Article 69 Constitution of the Arbitral Tribunal

1. Arbitrations conducted in accordance with the Expedited Procedure shall be heard by a sole arbitrator.

2. Within seven (7) days of receipt of the Notice of Acceptance or Notice of Arbitration by all parties, the parties shall jointly appoint a sole arbitrator or jointly request the Director of CZAC to appoint a sole arbitrator from the Panel of Arbitrators. The parties may also, within seven (7) days from the date of receipt of the Notice of Acceptance or the Notice of Arbitration respectively, submit to the CZAC a list of not more than five proposed sole arbitrators. If one of the names on the lists is the same, that arbitrator shall be the sole arbitrator jointly chosen by the parties; if two or more names on the lists are the same, the Director of CZAC shall, in the light of the circumstances of the case, determine the sole arbitrator from among the same candidates, and the arbitrator so determined shall remain the sole arbitrator jointly chosen by the parties.

3. If a sole arbitrator has not been elected in accordance with paragraph 2 of this article, the sole arbitrator shall be appointed by the Director of CZAC in addition to the proposed list of arbitrators by the parties.

Article 70 Mode of Hearing

1. Provided that the parties’ right to present their case is fully guaranteed, the arbitral tribunal may, based on efficiency and convenience, hear the case as it considers appropriate.

2. The arbitral tribunal may hear the case as it considers appropriate, either only based on written submissions and evidence submitted by the parties, after consulting the parties, or by holding a hearing.

3. Failure by any party to comply with the provisions of the expedited procedures during the course of the arbitration proceedings shall not affect the conduct of the arbitration proceedings or the making of the award.

Article 71 Notice of Oral Hearing

1. For a case examined by way of an oral hearing for the first time, the arbitral tribunal shall notify the parties of the date at least seven (7) days in advance of the date of the oral hearing. With the consent of the parties, the arbitral tribunal may decide to hold the oral hearing earlier.

2. A party with justifiable reasons may request a postponement of the oral hearing. However, such a request must be communicated to the arbitral tribunal in writing at least three (3) days in advance of the date of the oral hearing. The arbitral tribunal shall decide whether to postpone the hearing or not. If the arbitral tribunal does not give notice of the postponing, the date and place of the oral hearing remain unchanged. The arbitral tribunal may, on its own initiative, decide to postpone the oral hearing if it considers it necessary and notify the parties in a timely manner.

3. If a party has justifiable reasons for failure to submit a request for a postponement of the oral hearing in accordance with the preceding Paragraph 2, the arbitral tribunal shall decide whether to accept such a request.

4. A notice of early hearing and a notice of oral hearing after the first oral hearing and a notice of a postponed oral hearing shall not be subject to the time limit in Article 71.1.

Article 72 Change of Procedures

1. The application of the expedited procedures shall not be affected by any amendment to the claim or by the filing of counterclaim or any amendment to a counterclaim resulting in the amount in dispute in the case exceeding one million RMB.

2. If a party or the arbitral tribunal considers that it is no longer appropriate to apply the expedited procedures because of a change in the request for arbitration, the filing or change of a counterclaim, or if the case is found to be complex, the party or the arbitral tribunal may apply for a change in the procedure to the Director of CZAC, and the Director of CZAC shall decide whether or not to agree to the change.

3. If the procedures are changed to be heard by a three-arbitrator tribunal, the parties shall, within seven (7) days from the date of receipt of the notification of the change of the procedures, each selects or entrusts the Director of CZAC to appoint an arbitrator in accordance with these Rules. Unless otherwise agreed by the parties, the original sole arbitrator shall be the presiding arbitrator. After the constitution of the arbitral tribunal after the change of procedures, the expedited procedures are no longer applicable to the conduct of the arbitration proceedings, and whether the arbitration proceedings that have already been conducted are to be reopened or not is to be decided by the arbitral tribunal after the change. After the change of procedures, the time limit for rendering the award shall be recalculated from the date of the constitution of the changed arbitral tribunal.

Article 73 Time Limit for Rendering Award

The tribunal shall render the award within two (2) months of the date the arbitral tribunal is constituted. If an extension of the period is necessary, it may be granted by the arbitral tribunal with the approval of the Director of CZAC.

Article 74 Application of Other Chapters in These Rules

Regarding matters not covered in this Chapter, the relevant Articles in the other Chapters of these Rules shall apply.

Chapter IX International Commercial Arbitration Procedures

Article 75 Application of This Chapter

1. Unless otherwise agreed by the parties, the provisions of this Chapter shall apply to international commercial arbitrations. In respect of matters not provided for in this Chapter, the other relevant provisions of the Rules shall apply.

2. Unless otherwise agreed by the parties, arbitrations relating to the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan region may also be conducted by reference to the provisions of this Chapter.

3. Any dispute between the parties as to the existence of international elements shall be referred to the arbitral tribunal or CZAC before the constitution of  arbitral tribunal for a decision. The decision of CZAC or the arbitral tribunal shall not affect the arbitration proceedings already conducted. This Chapter shall apply if CZAC or the arbitral tribunal decides that international elements exist in the case.

Article 76 Notice of Acceptance and Notice of Arbitration 

Within ten (10) days from the date of accepting the Request for Arbitration, CZAC shall deliver the Notice of Arbitration, along with the Arbitration Rules, the Panel of Arbitrators and the attachments to the Claimant, and promptly deliver the Notice of Arbitration together with the Request for Arbitration and its relevant evidence to the Respondent, along with the Arbitration Rules, the Panel of Arbitrators and the attachments.

Article 77 Interim Measures

1. At the request of the parties, the arbitral tribunal may order any interim measures it deems appropriate in accordance with the applicable law. An order for interim measures may take the form of a decision of the arbitral tribunal, or any other form permitted by the applicable law. Where necessary, the arbitral tribunal may require the requesting parties to provide appropriate security.

2. The parties may also directly apply for interim measures to the competent court in accordance with the applicable law.

Article 78 Emergency Arbitrator

1. Before the constitution of the arbitral tribunal, any party that wishes to apply for interim measures may submit a written application to the CZAC for the appointment of an emergency arbitrator in accordance with the applicable law. The CZAC shall decide whether to approve such application.

2. The written application for the appointment of an emergency arbitrator shall include: basic information of the parties concerned; effective contact information of the opposing party for the purpose of service; reasons for applying for the appointment of an emergency arbitrator and interim measures; the emergency relief sought; and such other content as the applicant considers necessary.

3. Where the CZAC approves the appointment of an emergency arbitrator, it shall appoint an emergency arbitrator from the Panel of Arbitrators within two (2) days after the parties concerned deposit the corresponding fees in accordance with these Rules, and shall notify the parties of such appointment.

4. Unless otherwise agreed by the parties, the CZAC or the emergency arbitrator may serve relevant documents upon the parties by means of electronic telecommunication.

5. The provisions of Articles 34 to 36 shall apply mutatis mutandis to disclosure by and challenge to an emergency arbitrator and the procedures applicable to these matters. However, the parties shall submit a written Challenge within two (2) from the date of receiving the confirmation of the emergency arbitrator notice. Those who have not challenged within the above-mentioned period shall not apply for Challenge on the grounds of matters previously disclosed by the emergency arbitrator.

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

7. The emergency arbitrator shall issue a decision, stating the grounds on which the interim measures are based, within fifteen (15) days after his or her appointment. Such decision shall be sent to the parties after being signed by the emergency arbitrator and affixed with the seal of the CZAC.

8. Where a party objects to a decision made by the emergency arbitrator, it may apply to the emergency arbitrator for an amendment to or the suspension or revocation of such decision within three (3) of receipt of such decision. The emergency arbitrator will decide whether to approve such application.

9. Unless otherwise agreed by the parties, the emergency arbitrator shall not subsequently act as an arbitrator in the proceedings to which the application for interim measures relates.

10. Any decision made by an emergency arbitrator will not be binding upon the arbitral tribunal. The arbitral tribunal may amend, suspend or revoke such a decision.

11. The decision on interim measures made by the emergency arbitrator shall be binding on the parties and they shall comply with it. If one party violates the interim measure decision made by the emergency arbitrator, the arbitral tribunal may, upon application by the other party, require that party to bear the reasonable losses incurred by the other party as a result.

Article 79 Defense and Counterclaim

1. Within forty-five (45) days of receipt of the Notice of Arbitration, the Respondent shall submit its Defense and relevant evidence, documents certifying the party’s identity, Confirmation of Address for Service, and other supporting documents. Failure to submit a Statement of Defense shall not affect the arbitration proceedings.

2. If the Respondent has a counterclaim or counterclaims, it shall submit in writing within the time limit for defense provided for in paragraph 1 of this article. The Claimant shall file its Statement of Defense to the Respondent’s counterclaim within forty-five (45) days of its receipt of the Notice of Acceptance of the Counterclaim. Failure to submit a Statement of Defense shall not affect the arbitration proceedings.

Article 80 Constitution of the Arbitral Tribunal 

1. Unless otherwise agreed by the parties, arbitration cases referred to in this chapter shall be heard by a three-arbitrator tribunal.

2. Unless otherwise agreed by the parties, the parties shall, within forty-five (45) days from the date of receipt of the Notice of Acceptance Notice of Arbitration, select an arbitrator in accordance with the relevant provisions of Articles 27 to 31 of these Rules. If the parties fail to select an arbitrator within the above-mentioned period, the arbitral tribunal shall be formed by CZAC in accordance with the relevant provisions of these rules.

Article 81 Notice of Oral Hearing

1. For a case examined by way of an oral hearing for the first time, the  arbitral tribunal shall notify the parties of the date at least thirty (30) days in advance of the date of the oral hearing. With the consent of the parties, the arbitral tribunal may decide to hold the oral hearing earlier.

2. A party with justifiable reasons may request a postponement of the oral hearing. However, such a request must be communicated to the arbitral tribunal in writing at least fifteen (15) days in advance of the date of the oral hearing. The arbitral tribunal shall decide whether to postpone the oral hearing or not. If the arbitral tribunal does not give notice of the postponing, the date and place of the oral hearing remain unchanged. The arbitral tribunal may, on its own initiative, decide to postpone the oral hearing if it considers it necessary and notify the parties in a timely manner.

3. If a party has justifiable reasons for failure to submit a request for a postponement of the oral hearing in accordance with the preceding Paragraph 2, the arbitral tribunal shall decide whether to accept such a request.

4. A notice of early hearing and a notice of hearing after the first oral hearing and a notice of a postponed hearing shall not be subject to the time limit in Article 81.1.

Article 82 Place of Arbitration

1. If the parties have agreed on the place of arbitration, the agreement shall prevail.

2. If there is no agreement or unclear agreement on the place of arbitration between the parties, the place where CZAC is located shall be the place of arbitration; CZAC may also determine other locations as the place of arbitration based on the specific circumstances of the case.

3. The arbitration award shall be deemed to have been made at the place of arbitration.

Article 83 Time Limit for Rendering the Award

The arbitral tribunal shall render its award within 6 months of the date of its constitution. If there are special circumstances justifying an extension of this period, the Director of CZAC may approve an appropriate extension of time at the request of the tribunal.

Chapter X  Time Limit and Service

Article 84 Time Limit

1. The terms “within”, “upon expiration”, and “before” referred to in these Rules include this number; the terms “less than”, “more than” do not include this number.

2. Any period of time specified or determined calculated in days or months in accordance with the Rules shall start to run on the day following the date on which such period commences. The day on which such period commences does not form part of the period of time.

3. If the day following the date on which the period of time commences is an official holiday or a non-business day at the place of the service, the period of time shall begin to run on the first following business day. Official holidays or non-business days occurring within such period are included in the calculation of the period of time. If the last day of the relevant period of time falls on an official holiday or a non-business day, the period of time shall expire on the first following business day.

4. Time for delivery shall not be included in the period of time. Any arbitral document, notice, or material that has been mailed or dispatched within the time limit shall be deemed to have been delivered in time.

5. If a party exceeds a time limit because of force majeure events or other legitimate reasons, it may apply for an extension of that time limit within ten (10) days of the events or other reasons ceasing to have effect. The CZAC (before the constitution of the arbitral tribunal) or the arbitral tribunal, as the case may be, shall decide upon the application. 

Article 85 Service

1. Arbitral documents, notices and other materials may be served on the parties or their authorized representative(s) in person or by registered mail, express courier, facsimile, electronic means and any other means of communication that provides a record of delivery or in any other manner deemed appropriate by CZAC or the arbitral tribunal.

2. The arbitration documents referred to in the first paragraph of this article shall be sent to the address provided by the parties or their representative(s) themselves or agreed upon by the parties; If the party or its representative(s) has not provided an address or has not agreed on an address, the delivery shall be made to the address provided by the other party or its representative(s).

3. If, despite reasonable inquiries, the addressee’s place of business, place of registration, place of residence, address indicated on ID card, Hukou address, address for service agreed by the parties or other correspondence address cannot be found, service shall be deemed to have been properly effected if the document, notice or material is delivered to the addressee’s last known place of business, place of registration, place of residence, address indicated on ID card, Hukou address, address for service agreed by the parties or other correspondence address, whether by registered mail, express courier or by any other means of delivery which allows for a record of delivery.

4. The party concerned shall provide a written confirmation of the delivery address, and any legal consequences arising from the inability to deliver shall be borne by the party who made the confirmation.

Article 86 Date of Service

1. If the arbitration document is delivered in person, the person to be served shall indicate the date of receipt on the Return of Service and shall sign or affix his or her signature or seal, and the date of receipt signed by the person to be served on the Return of Service shall be the date of service.

2. If the arbitration document is sent by registered mail, express courier or any other means that provides a record of delivery, the date of service shall be the date of receipt set forth on the inquiry form (including the web-based inquiry provided by the postal enterprise) of the registered mail, express courier or any other means that provides a record of delivery; if electronic service is used, the date of service shall be the date on which the information arrives at the particular system of the person to whom it is sent. If the arbitration document is returned, the date of return shall be the date of service.

3. If the party refuses to accept, the date of refusal shall be the date of service.

Chapter XI  Supplementary Provisions

Article 87 Language 

1. Chinese shall be the official language in the CZAC.

2. In international commercial arbitration cases, the parties may agree upon the language to be used. If a language other than Chinese is chosen, CZAC or the arbitral tribunal may, if it deems it necessary, require the parties to provide corresponding Chinese translations or interpreters, and the costs incurred shall be borne by the parties themselves. If the parties have not agreed or are unable to reach an agreement, CZAC or the arbitral tribunal may determine the use of Chinese or other languages in accordance with the specific circumstances of the case.

3. If translation services are required by the parties or their authorized representatives or witnesses, translators may be provided either by CZAC at parties’ request or by the parties themselves. The parties shall bear the costs of translation.

4. CZAC or the arbitral tribunal may, if it considers it necessary, request the parties to provide translations of the various arbitration documents and supporting materials submitted by the parties into the language or languages of the arbitration agreed upon by the parties or decided upon by the arbitral tribunal.

Article 88 Electronic Signatures and Seals

Documents to be signed by the arbitral tribunal under these Rules may be signed by the arbitral tribunal through a handwritten signature or through an electronic signature reserved by CZAC and authorized to be used. An electronic seal may affix documents that CZAC shall stamp.

Article 89 Arbitration Fees

The specific fees, charges, and refund standards for arbitration cases shall be separately formulated by CZAC. The fee documents separately formulated by CZAC are annexed to these Rules.

Article 90 Limitation of Liability

Except as otherwise provided by the law applicable to the arbitration proceedings, CZAC, its staff, the arbitrators, the emergency arbitrator, arbitral secretary, and persons engaged by the tribunal in the arbitration proceedings shall not be subject to any civil liability to any person for any act, including any negligence, act or omission, in connection with the arbitration under these Rules, or under any obligation to testify in any legal procedures.

Article 91 Interpretation of These Rules

1. CZAC reserves the right to interpret these Rules.

2. The headings of Articles in these Rules shall not serve as interpretations of the contents of the Articles contained herein.

3. Unless stated otherwise, other documents issued by CZAC shall not constitute a part of these Rules.

Article 92 Official Versions of These Rules

All the versions of these Rules published by CZAC in Chinese and English are the official versions. If there are any discrepancies among different versions, the Chinese version shall prevail.

Article 93 Implementation of These Rules

These Rules shall be effective from 1^st January 2025. For cases accepted by CZAC before these Rules become effective, the Arbitration Rules effective at the time of acceptance shall apply.

Unless the parties have expressly agreed to apply these Rules and with the consent of CZAC, these Rules may apply.