Beijing Arbitration Commission


Codes of Enhancing Arbitration Efficiency for Arbitrators

(Revised and adopted at the 5th Meeting of the Third Session of the Beijing Arbitration Commission on September 16, 2003. Effective as from March 1, 2004)

Article 1 These Codes are formulated in order to meet the parties’ reasonable expectation of resolving dispute in a quick and fair manner through arbitration and to enhance and develop the efficiency and advantages of arbitration.

Article 2 Upon being selected by the parties or appointed by the director of the Beijing Arbitration Commission (the BAC), the arbitrator shall award the case within the time limit required by the Arbitration Rules of BAC(the Arbitration Rules) and these Codes by spending and putting proper time and efforts.

Article 3 In the event that the arbitrator cannot hear the case up to 20 consecutive days upon the constitution of the Arbitral Tribunal, he/she shall notice the BAC in a timely manner and elect whether or not to accept the selection or the appointment or to withdraw from the arbitration subject to circumstance. In the event that the arbitrator cannot hear the case up to 60 consecutive days within the time limit of hearing, he/she shall refuse the selection or the appointment or withdraw from the arbitration.

Article 4 “Delay” in these Codes shall mean the arbitral hearing exceeds the time limit indicated herein which is required for each hearing, panel discussion or making and reviewing award due to any reason that can be controlled by the arbitrator, including not being in the office or attending a meeting during such time limit.

Any arbitral hearing exceeds the time limit required for making award under the Arbitration Rules (“arbitral time limit”) due to such delay shall be defined as exceeding the arbitral time limit under these Codes.

Above paragraph is not applicable where the delay or the arbitral time limit is exceeded due to reasons of the parties or the case per se or any other reason that is not controllable by the arbitrator.

Article 5 Where the Arbitral Tribunal exceeds the arbitral time limit as a result of delay, the arbitrator who has the act of delaying shall be responsible for such consequence.

Time of delay shall be calculated from the next day as of the date of expiration of relevant time limit required for each hearing, panel discussion or making and reviewing award under these Codes. However, in ordinary procedures, it shall be calculated from the next day as of the hearing schedule fixed by the Arbitral Tribunal during aforesaid time limit.

Article 6 The arbitrator shall promptly notify the secretary of the Arbitral Tribunal or the chief arbitrator of his available work time, which shall be no less than 10 days per month within the arbitral time limit, upon receiving the notice of constitution of Arbitral Tribunal. The secretary, after obtained information of such work time, shall discuss the arbitration schedule with the chief arbitrator and notify other arbitrators of such schedule in a timely manner.

The arbitrator and the secretary shall follow the arbitration schedule strictly and shall not change such schedule at his/her own discretion.

Article 7 The Arbitral Tribunal shall hold hearing within 30 days (45 days for international commercial cases) as of the date on which the Arbitral Tribunal is constituted. For a documents-only arbitration which requires panel discussion, the panel discussion shall be completed within such time limit. The aforesaid time limit can be extended if the Arbitral Tribunal requests the parties to submit supplementary evidence or summons both parties to exchange their evidence.

The time interval between two hearings shall not exceed 30 days. Where the Arbitral Tribunal orders the parties to submit supplementary evidence, it shall hold another hearing within 20 days upon the expiry of the time limit for the evidence cross-examination between the parties. Where the case involves appraisal or audit, the Arbitral Tribunal shall hold another hearing within 20 days as of the date it receives the appraisal or audit report or the date it receives the review report of such appraisal or audit if it is being reviewed.

Article 8 After the hearing schedule or the hearing date of the Arbitral Tribunal is fixed, the arbitrator shall put in his/her best effort to refrain himself /herself from altering the hearing schedule or the hearing as a result of personal reason. If the arbitrator could or should foresee that he/she will be unavailable to participate in the hearing, he/she shall notify the chief arbitrator and the secretary 5 days prior to the first hearing (3 days for subsequent hearing) and take reasonable remedial measure, or otherwise he/she will be deemed as absence without cause.

Article 9 The Arbitral Tribunal shall make the award within 30 days as of the date the hearing is closed, i.e. the date the last hearing is closed or the date of the expiry of the time limit for the parties to present closing statement or conduct evidence cross-examination.

The chief arbitrator shall organize panel discussion in proper way at the date of close of hearing or no later than 7 days as of such date to discuss the facts, evidence, nature, liability, applicable law, award opinions and reasons of the case. Where the Arbitral Tribunal reaches general consensus of the award,the chief arbitrator or the arbitrator appointed by him/her shall draft the award within 7 days as of the date of the panel discussion. Where the Arbitral Tribunal cannot reach general consensus of the award with or without panel discussion, the arbitrators shall, within 5 days as of the date of close of hearing or the date of the panel discussion, file their written opinions in terms of the facts, evidence, nature, liability, applicable law, award opinions and reasons of the case. The chief arbitrator or the arbitrator appointed by him/her shall summarize those written opinions and write the draft of the award, and other arbitrators shall file their review comments within 5 days upon receipt of such draft.

Where the Arbitral Tribunal significantly differs on the draft of the award, the chief arbitrator may organize another panel discussion and the Arbitral Tribunal may request the BAC to conduct expert consultation. The Arbitral Tribunal shall make the award in accordance with the provisions set forth in the second paragraph of this Article 9 after such discussion or consultation.

Article 10 The arbitrator shall attend the hearing, panel discussion, investigation and participate in other relevant work on time, and he/she shall not be absent from hearing without cause, or late for work, or leave early from work. Before the case is closed, if the normal course of hearing or the award making might be affected due to the arbitrator is not being in the office, or has to attend a meeting or change of his/her contact information or otherwise any other reason, the arbitrator shall promptly notify the secretary and update his/her contact information.

If the arbitrator is in violation of provisions under above paragraph, he/she shall be responsible for any delay of hearing, panel discussion and award making caused by such violation. The arbitrators who duly attend relevant procedures may decide any procedural issue other than a hearing-related one despite of absence of any peer.

Article 11 Where the hearing is delayed up to 20 days as a result of violation hereof by the arbitrator, the BAC will issue an Alert Notice to such arbitrator for his/her attention. Where the arbitral time limit is exceeded up to one month due to delay of the Arbitral Tribunal, the same notice will be issued to the Arbitral Tribunal.

Article 12 The following provisions shall apply if the arbitrator is in delay:

  1. Where the case is delayed up to 20 days, the BAC will issue him/her the Alert Notice urging the timely hearing of the case. If the arbitrator failed to correct, the number of cases then under his/her hearing will be deemed as the maximum number of cases (no more than 10 cases) he/she can simultaneously hear, and if later the number of his/her cases reaches such limit, the director of the BAC will stop appointing him/her as the arbitrator, should the parties do select him/her as the arbitrator, the secretary shall be obliged to inform the parties his/her history record of delay.
  2. Where 3 cases of him/her are in delay or the aggregated time of delay is up to 50 days, the director of the BAC will stop appointing him/her as the arbitrator in a year, should the parties do select him/her as the arbitrator, the secretary shall be obliged to inform the parties his/her history record of delay.
  3. Where the arbitral time limit is exceeded due to the delay is up to 20 days, or it is exceeded for two months due to joint reasons of each member of the Arbitral Tribunal, the relevant case will be recorded in the computer system for the parties’ reference.
  4. Where the arbitral time limit is exceeded severely as a result of arbitrator’s the delay, the BAC shall have the right to replace him/her with the parties’ consent.
  5. In the event of delay by the arbitrator, the BAC will reduce his/her remuneration subject to the gravity of circumstance. The BAC may also cease to renew or terminate the employment with him/her if he/she cannot meet the relevant employment requirements.

Article 13 The secretary shall work diligently and enhance his/her work efficiency. He/she is required to prepare Procedural Status Report subject to the actual status of the arbitration procedures and submit it to the arbitrator in a timely manner.

Article 14 These Codes are effective as of March 1, 2004.

Model Arbitration Clause Arbitration Clause
All disputes arising from or in connection with this contract shall be submitted to Beijing Arbitration Commission / Beijing International Arbitration Center for arbitration in accordance with its rules of arbitration in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
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