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Provisional Rules of Procedure of the Maritime Arb
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1959.01.08
CHINA COUNCIL FOR THE PROMOTION OF INTERNATIONAL TRADE
  PROVISIONAL  RULES  OF  PROCEDURE  OF THE MARITIME ARBITRATION
COMMISSION OF THE CHINA COUNCIL FOR THE PROMOTION OF INTERNATIONAL TRADE
 (Adopted  on  January 8, 1959, at the Seventh Session of the China
Council for the Promotion of International Trade)
 1.  The present Rules are made in accordance with Article 12 of the
Decision of  the  State Council of the People's Republic of China
adopted on November 21,  1958, concerning the establishment of a
Maritime Arbitration Commission within the China Council for the
Promotion of International Trade.
2. The Maritime Arbitration Commission takes cognizance of.
  a.   Disputes  regarding  remuneration  for  salvage  services
rendered  by sea-going  vessels  to  each other or by a sea-going
vessel to a river craft and vice versa;
 b.  Disputes  arising from collisions between sea-going vessels or
between sea-going vessels and river craft or from damages caused
by sea-going vessels to harbour structures or installations;
 c.  Disputes  arising  from chartering sea-going vessels, agency
services rendered  to  sea-going vessels, carriage by sea in virtue
of contracts of affreightment, bills of lading or other shipping
documents, as well as disputes arising from marine insurance.
 3.  The  Maritime Arbitration Commission takes cognizance of a
dispute  referred  to in the preceding Section upon the written
application of one of the  disputing  parties and in accordance
with such written agreement as concluded between the parties either
prior or subsequent to the arising of the dispute, which stipulates
for  the  submission of the dispute to the Maritime Arbitration
Commission for settlement.
 The  agreement  referred to in the preceding paragraph means the
arbitration clause  stipulated  in  the  original  contract  from
which the dispute has arisen, or any other form of agreement in
respect  of  submission to arbitration (such as special agreement,
correspondence exchanged or any specific stipulation contained in other
relevant documents).
 4. The following items must be specified in the application for
arbitration:
a. The name and address of the plaintiff and those of the defendant;
 b. The claim of the plaintiff and facts and evidence upon which the
claim is based;
 c.  The name of an arbitrator chosen by the plaintiff from among the
members of  the  Maritime  Arbitration Commission or a statement
authorizing the Chairman  of the Maritime Arbitration Commission to
appoint the arbitrator for the plaintiff.
  5.   Original  relevant  documents  (contracts,  arbitration
agreements,  correspondence  between  the parties, et cetera), or
certified duplicates or copies thereof, must accompany the application
for arbitration.
 6.  When  submitting an application for arbitration, the plaintiff
shall pay a  sum  equivalent  to one per cent of the amount of the
claim as a deposit for the arbitration fee.
 7.  The  application  for arbitration and its appended documents
shall be accompanied  by  as  many  duplicates as the number of
defendants, all to be submitted to the Maritime Arbitration Commission.
 8.  Upon  receipt  of  the  application, the Maritime Arbitration
Commission shall  notify  the defendant to that effect without delay
and forward to him a duplicate of the application and of all the
appended documents.
 9.  Within fifteen days from the date of receipt of the notice the
defendant shall  either choose an arbitrator from among the members
of the Maritime Arbitration  Commission  and  notify the Maritime
Arbitration Commission of his choice or authorize the Chairman of the
Maritime Arbitration Commission to appoint the arbitrator for him.
In case a different period of time is agreed upon between the parties,
such period of time shall prevail.
 The  Maritime Arbitration Commission may also, upon the request
of the defendant, alter the period of fifteen days.
 10.  Should  the  defendant fail to choose an arbitrator within
the time specified  in  the  preceding Section, the Chairman of
the  Maritime Arbitration Commission shall, upon the request of the
plaintiff, appoint the arbitrator for the defendant.
 11.  The  Maritime  Arbitration  Commission  shall  notify  the
arbitrators, whether  chosen  by  the  parties or appointed by the
Chairman, to select a presiding arbitrator from among the members
of the Maritime Arbitration Commission within fifteen days from the
date of receipt of the notice.
 In  case no agreement is reached between the chosen or appointed
arbitrators regarding  the  selection  of the presiding arbitrator
within the time limit stated 

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