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Rules for Arbitrators of Shanghai Arbitration Commission

  1. These rules are formulated, on the basis of the Arbitration Law of the People's Republic of China and relevant provisions of the Commission, to promote the development of the works undertaken by Shanghai Arbitration Commission, to stipulate the team construction of arbitrators, and to build up the image of arbitrators.

  

  2. Arbitrators shall observe the Arbitration Law of the People's Republic of China, strictly carry out all provisions such as the Arbitration Rules of Shanghai Arbitration Commission and the Detailed Rules of Shanghai Arbitration Commission for Handling Cases, etc.

  

  3. Arbitrators shall study hard the legal knowledge of arbitration and attend training conscientiously to grasp methods of arbitration procedures and hearing and strive to raise the capability of handling professional cases.

  

  4. Arbitrators shall, in conformity with facts of cases, in line with legal provisions, following the principle of being fair and rational, arbitrate cases impartially and efficiently according to their intuitive knowledge and social responsibility, and may not be partial to either of the parties concerned.

  

  5. Arbitrators shall make clear to the Arbitration Commission and propose withdrawal initiatively, if he /she falls in any one of the following circumstances:

  1.) is a close relative of one of the party concerned or that of the agent of the case handled;

  2.) has interests in the case handled;

  3.) has other relations with the parties concerned or agents of the case handled, and may affect the justice of arbitration;

  4.) privately meets with the parties or attorneys or accepts their invitation or gifts.

  

  6. Arbitrators shall accept the selection of the parties concerned or the designation of the director of the Arbitration Commission, and shall not refuse without due reasons.

  

  7. Arbitrators shall, upon the acceptance of cases, appropriately arrange time, conscientiously participate in all arbitration activities such as hearings and deliberation, etc., effectively carry out the functions and duties of arbitrators, may not arrive late, leave early or be absent without due reasons.

  

  8. Arbitrators shall, upon the acceptance of cases, study carefully all evidence and materials submitted by the parties concerned and do well the preparatory work for hearings. Arbitrators shall fully listen to the statements made by the parties concerned at hearings of cases of arbitration, questioning impartially with attention being paid to tone and mode. When trial of a case ends, timely deliberation shall be given and resolution be made up. The chief arbitrator or the single arbitrator handling the case on his/her own shall, for prevention of unsettled cases of long standing, complete the preparation of relevant arbitration documents within 15 days after the deliberation drawn by arbitration tribunal.

  

  9. Arbitrators shall strictly keep secrets of arbitration. Cases of arbitration shall not, either during or after the trial of cases, be disclosed to public, including the contents of the situation of cases, the trial process, the deliberation by arbitration tribunal and the commercial secrets involved in cases, etc.

  

  10. For the arbitrators in violation of These Rules, the Arbitration Commission has the right to warn, not to appoint or dismiss them according to their respective circumstance.