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CMLA Ad Hoc Arbitration Rules and CMAC Rules as Appointing Authority in Ad Hoc Arbitration published

Source:China Maritime Arbitration Commission Time:2022-03-18 17:03:08

On 18 March 2022, China Maritime Law Association (CMLA) and China Maritime Arbitration Commission (CMAC) jointly held a press conference in Beijing to simultaneously release the CMLA Ad Hoc Arbitration Rules (CMLA Ad Hoc Arbitration Rules) and CMAC Rules as Appointing Authority in Arbitration (CMAC Ad Hoc Arbitration Service Rules). Both rules shall come into force on 18 March 2022.

Following the mainstream international practice that Ad Hoc arbitration rules are generally formulated and issued by business associations, CMLA has made the Ad Hoc arbitration rules for the first time in China, and the CMAC has issued the Ad Hoc arbitration service rules in parallel, so that the two can dovetail with each other and jointly take the lead in providing Ad Hoc arbitration services. This is an important step forward in promoting the development of Ad Hoc arbitration in China, and is conducive to enhancing the industry's voice and international influence.

CMLA Ad Hoc Arbitration Rules are model rules for ad hoc arbitration, covering all stages of its process, reflecting its advantages in fully respecting party autonomy, flexibility and efficiency of the process. CMLA Ad Hoc Arbitration Rules provide systematic provisions on the application of these rules, service of documents and time period, notice of arbitration, seat of arbitration, language, constitution of the arbitral tribunal, joinder of additional parties, interim measures, preliminary meetings, production and examination of evidence, award, arbitration fees and costs, etc., with the aim of ensuring that ad hoc arbitration is conducted smoothly and efficiently in accordance with the most concise procedural provisions.

CMAC Ad Hoc Arbitration Service Rules are a specific code of practice for ad hoc arbitration services and are designed to fulfil the role of the appointing authority as provided for in the CMLA Ad Hoc Arbitration Rules and as agreed by the parties. CMAC Ad Hoc Arbitration Service Rules set out the scope of application, work of the appointing authority, fees of appointing authority and exclusion of liability, ect.. The services provided by CMAC as the appointing authority are limited to administrative, auxiliary and supportive services for ad hoc arbitrations, and do not provide full management.

CMAC Ad Hoc Arbitration Service Rules can be accessed:

http://www.cmac.org.cn/index.php?catid=70

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