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Decision of the State Council of the People's Repu
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1958.11.21
STATE COUNCIL OF CHINA
 DECISION  OF  THE STATE COUNCIL OF THE PEOPLE'S REPUBLIC OF CHINA
CONCERNING THE  ESTABLISHMENT OF A MARITIME ARBITRATION COMMISSION
WITHIN THE CHINA COUNCIL FOR THE PROMOTION OF INTERNATIONAL TRADE
 (Adopted on November 21, 1958, at the 82nd Session of the State
Council)
 With  a  view  to settling maritime disputes by arbitration, it is
necessary to  set  up  an  arbitral  body within a relevant social
organization. It is hereby decided as follows:
 (1)  There  shall  be established within the China Council for the
Promotion of International Trade a Maritime Arbitration Commission to
settle:
 a.  disputes  regarding  the  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.
 (2)  The  Maritime  Arbitration  Commission takes cognizance of
maritime  disputes  in  accordance  with the relevant contracts,
agreements  and  or  other  documents  concluded  between  the
disputing  parties  either  prior  or subsequent to the arising of
disputes.
 The  Maritime Arbitration Commission may endeavour to settle by
conciliation any dispute of which it has taken cognizance.
 (3)  The  Maritime Arbitration Commission shall be composed of 21-31
members to be selected and appointed by the China Council for the
Promotion of International  Trade  for a term of two years from
among  persons  having special  knowledge  in  navigation,  sea
transportation, foreign trade, insurance and law.
 (4)  The  Maritime Arbitration Commission shall elect a Chairman
and 1-3 Deputy Chairmen from among its members.
 (5)  When  a dispute is submitted for arbitration, the disputing
parties shall each choose an arbitrator from among the members of
the Maritime Arbitration  Commission. The arbitrators so chosen shall
jointly select from among the members of the Maritime Arbitration
Commission  a presiding arbitrator  to form, in association with
the arbitrators, an Arbitration Tribunal  to  act in a body. The
disputing parties may also jointly choose from among the members of
the  Maritime  Arbitration  Commission a sole arbitrator to form by
himself a Tribunal to act singly.
 The  disputing parties shall choose the arbitrators within the time
fixed by the  Maritime Arbitration Commission or agreed upon between
the parties, and the  arbitrators so chosen shall also select the
presiding  arbitrator within the  time  fixed  by  the  Maritime
Arbitration  Commission.  If one of the parties fails to choose an
arbitrator within the prescribed time limit, the Chairman of the
Maritime  Arbitration  Commission  shall then, upon the request of
the other party, appoint the arbitrator for the former party. If the
arbitrators  so chosen or appointed cannot agree upon the choice of the
presiding  arbitrator  within the prescribed time limit, the Chairman
of  the  Maritime  Arbitration  Commission  shall  then select a
presiding arbitrator for them.
 (6)  Either of the parties in dispute may authorize the Maritime
Arbitration Commission to choose for him an arbitrator who shall,
jointly with the arbitrator chosen by the other party, select a
presiding arbitrator to form, in association with the arbitrators,
an Arbitration Tribunal to act in a body. If, by mutual agreement,
both parties jointly delegate the choice of arbitrators  to the
Maritime  Arbitration  Commission, the Chairman of the Maritime
Arbitration  Commission  may  appoint a sole arbitrator to form by
himself a Tribunal to act singly.
 (7)  The  disputing parties may appoint attorneys to protect their
interests  during  the  proceedings  of  a  case  before  the
Maritime  Arbitration Commission.  Such attorneys may be citizens
of the People's Republic of China or foreign citizens.
 (8)  In  cases within the cognizance of the Maritime Arbitration
Commission, the  Chairman of the Maritime Arbitration Commission may
make decisions in respect of measures of security and determine the
amount and form of the security for the claim.
 Upon  the  request of one of the parties, the People's Court of the
People's Republic of China shall enforce the decision referred to in
t

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