BIZCHINA / Company laws
Arbitration Law of the People's Republic of China
Updated: 2006-04-17 10:13
Article 51
Before giving an award, an arbitration tribunal may first attempt to
conciliate. If the parties apply for conciliation voluntarily, the
arbitration tribunal shall conciliate. If conciliation is unsuccessful,
an award shall be made promptly. When a settlement agreement is reached
by conciliation, the arbitration tribunal shall prepare the conciliation
statement or the award on the basis of the results of the settlement
agreement. A conciliation statement shall have the same legal force as
that of an award.
Article 52
A conciliation statement shall set forth the arbitration claims andthe
results of the agreement between the parties. The conciliation statement
shall be signed by the arbitrators, sealed by the arbitration commission,
and served on both parties. A conciliation statement shall have legal
effect once signed and accepted by the parties. If the parties fall back
on their words before the conciliation statement is singed and accepted
by them, an award shall be made by the arbitration tribunal promptly.
Article 53
An award shall be based on the opinion of the majority arbitrators. The
opinion of the minority arbitrators shall be recorded in writing. If an
opinion of the minority arbitrators shall be recorded in writing. If an
opinion of the majority arbitrators can not be constituted at the
tribunal, the award shall be given according to the opinion of the
presiding arbitrator.
Article 54
The arbitration claims, the matters in dispute, the grounds upon which an
award is given, the results of the judgement, the responsibility for the
arbitration fees and the date of the award shall be set forth in the
award. If the parties agree not to include in the award the matters in
dispute and the grounds on which the award is based, such matters may not
be stated in the award. The award shall be signed by the arbitrators and
sealed by the arbitration commission. The arbitrator who disagrees with
the award may select to sign or not to sign it.
Article 55
During the course of arbitration by an arbitration tribunal, where a part
of facts has been made clear, a partial award may first be given in
relation to that part.
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