BIZCHINA / Company laws
Arbitration Law of the People's Republic of China
Updated: 2006-04-17 10:13
Article 38
An arbitrator involved in one of the circumstances described in Item 4,
Article 34, if it is serious, or those described in Item 6, Article 58,
such arbitrator shall be legally liable in accordance with the law. The
arbitration commission shall remove his name from the list of arbitrators.
Section 3: Hearing and Arbitral Awards
Article 39
An arbitration tribunal shall hold a tribunal session to hear an
arbitration case. If the parties agree not to hold a hearing, the
arbitration tribunal may render an award in accordance with the
arbitration application, the defence statement and other documents.
Article 40
An arbitration shall not be conducted in public. If the parties agree to
a public hearing, the arbitration may proceed in public, except those
concerning state secrets.
Article 41
The arbitration commission shall notify the two parties within the time
limit provided by the Arbitration Rules of the date of the hearing.
Either party may request to postpone the hearing with in the time limit
provided by the Arbitration Rules if there is a genuine reason. The
arbitration tribunal shall decide whether to postpone the hearing.
Article 42
If the applicant for arbitration who has been given a notice in writing
does not appear before the tribunal without good reasons, or leaves the
tribunal room during a hearing without the permission of the arbitration
tribunal, such applicant shall be deemed as having withdrawn his
application. If the party against whom the application was made was
served with a notice in writing but does not appear before the tribunal
without due reasons or leaves the tribunal room during a hearing without
the permission of the arbitration tribunal, an award by default may be
given.
Article 43
The parties shall produce evidence in support of their claims. An
arbitration tribunal may collect on its own evidence it considers
necessary.
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