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Arbitral Tribunal

A sole-arbitrator tribunal is composed of one arbitrator and a collegiate tribunal with three arbitrators. Parties may agree upon the ways to form the tribunal. 


Pursuant to the Arbitration Rules of SHIAC, Summary Procedures shall, unless otherwise agreed by the parties, be automatically applied to any case where the amount in dispute totals less than RMB 1,000,000 Yuan. Summary Procedures may also be applied to any case where the amount in dispute totals more than RMB 1,000,000 Yuan provided that both parties agree in writing. In general speaking, the cases to which the Summary Procedures applies shall be examined and heard by a sole-arbitrator tribunal. The Claimant and Respondent may each recommend one to three arbitrators as candidates for the sole arbitrator. Where there is only one common candidate in the lists of recommendation, such a candidate shall be the sole arbitrator jointly appointed by the parties. Where there is more than one common candidate in the lists of recommendation, the Chairman of SHIAC shall choose a sole arbitrator from among the common candidates based on the specific nature and circumstances of the case. Where there is no common candidate in the lists of recommendation, the sole arbitrator shall be appointed by the Chairman of SHIAC from outside of the lists of recommendation.


Unless otherwise agreed by the parties or provided by Arbitration Rules of SHIAC, the arbitral tribunal shall be composed of three arbitrators. The Claimant and Respondent shall each appoint one arbitrator or entrust the Chairman of SHIAC to make such appointment. The parties may each recommend one to three arbitrators as candidates for the presiding arbitrator. Where there is only one common candidate in the lists of recommendation, such candidate shall be the presiding arbitrator jointly appointed by the parties. Where there is more than one common candidate in the lists of recommendation, the Chairman of SHIAC shall choose a presiding arbitrator from among the common candidates based on the specific nature and circumstances of the case, who shall act as the presiding arbitrator jointly appointed by the parties. Where there is no common candidate in the lists of recommendation, the presiding arbitrator shall be appointed by the Chairman of SHIAC from outside of the lists of recommendation.


An arbitrator appointed by the parties or by the Chairman of SHIAC shall sign a Declaration and disclose in writing any facts or circumstances which may give rises to justifiable doubts as to his/her impartiality or independence. If circumstances that need to be disclosed arise during the arbitral proceedings, the arbitrator shall promptly disclose such circumstances in writing. The Declaration and/or the disclosure of the arbitrator shall be forwarded to the parties. Upon receipt of the Declaration and/or written disclosure of an arbitrator, a party who intends to challenge the arbitrator on the grounds of the facts or circumstances disclosed by the arbitrator shall forward the challenge in writing within 10 days from the date of such receipt. If a party fails to submit a challenge within the above time limit, it shall not challenge an arbitrator later on the basis of matters disclosed by the arbitrator.
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