BIZCHINA / Company laws
Arbitration Law of the People's Republic of China
Updated: 2006-04-17 10:13
Article 32
If the parties fail, within the time limit prescribed by the Arbitration
Rules, to select the form of the constitution of the arbitration tribunal
or fail to select the arbitrators, the arbitrators shall be appointed by
the chairman of the arbitration commission.
Article 33
After the arbitration tribunal is constituted, the arbitration commission
shall notify the parties in writing of the composition of the arbitration
tribunal.
Article 34
In any of the following circumstances, an arbitrator must withdraw from
the arbitration, and the parties shall have the right to apply for his
withdrawal if he:
1. is a party or a close relative of a party or of a party's
representative;
2. is related in the case;
3. has some other relationship with a party to the case or with a party's
agent which could possibly affect the impartiality of the arbitration;
4. meets a party or his agent in private, accepts an invitation for
dinner by a party or his representative or accepts gifts presented by any
of them.
Article 35
When applying for the withdrawal of an arbitrator, the petitioning party
shall state his reasons and submit a withdrawal application before the
first hearing. A withdrawal application may also be submitted before the
conclusion of the last hearing if reasons for the withdrawal only became
known after the start of the first hearing.
Article 36
Whether an arbitrator is withdrawn or not shall be determined by the
chairman of the arbitration commission. If chairman is serving as an
arbitrator, the withdrawal or not shall be determined collectively by the
arbitration commission.
Article 37
If an arbitrator is unable to perform his duties as an arbitrator as a
result of the withdrawal or any other reasons, another arbitrator shall
be selected or appointed in accordance with the provisions of this Law.
After a replaced arbitrator has been selected or appointed following the
withdrawal of an arbitrator, the parties may apply to resume the
arbitration procedure. The arbitration tribunal shall determine whether
the resumption of the procedure may be allowed. The arbitration tribunal
may determine on its own whether the arbitration procedure shall be
resumed.
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