(Revised and adopted at the Fifth Meeting of the 4th Beijing Arbitration Commission on August 14, 2006. Effective from September 1, 2006)
Chapter I General Provisions
Article 1
This Constitution is formulated in accordance with the Arbitration Law of the Peoples Republic of China (hereinafter referred to as Arbitration Law) to standardize the conduct of this Arbitration Commission and to ensure the prompt and impartial arbitration of economic disputes and to protect the lawful rights and interests of the relevant parties.
Article 2
The name of this Arbitration Commission shall be known as Beijing Arbitration Commission (hereinafter referred to as the BAC), and its office shall be established in Beijing, China.
Article 3
Contractual disputes and other disputes relating to property rights and interests between equal principals (natural persons, legal persons and other organizations) may be submitted to the BAC for arbitration in accordance with the law.
The BAC shall not accept any application for arbitration involving the following disputes:
1) Disputes involving marriage, adoption, guardianship, child maintenance or inheritance;
2) Administrative disputes falling under the jurisdiction of administrative organizations under the law; and
3) Labour disputes and internal agricultural contractual disputes within agricultural collective economic organizations.
Article 4
Arbitrations shall be conducted independently according to relevant laws without any interference from administrative bodies, social groups and individuals.
Chapter II Committee of the Arbitration Commission
Article 5
The Committee shall consist of one Chairman, two to four Vice-Chairmen, and seven to eleven Committee Members. The members of the first Committee shall be appointed by the Peoples Government of Beijing Municipality.
The Committee shall have a Secretary General who shall concurrently be a BAC Committee Member.
A list of the members of the Committee shall be filed with the Arbitration Association of the Peoples Republic of China.
Article 6
The term of office of a Committee Member shall be three-year.
Article 7
The members of the in-coming Committee shall be nominated by the Chairman of the out-going Committee in consultation with the relevant departments and the chamber of commerce. The Peoples Government of Beijing Municipality shall decide on the appointment. The new Committee shall be formed within three months from the expiry of the tenure of the out-going Committee.
Article 8
Meetings of the Committee shall be chaired by the Chairman or the Vice-Chairman designated by the Chairman. A meeting may not be held unless more than two thirds of the members of the Committee are present. Any resolution on the revision of the Constitution or dissolution of the BAC shall only be adopted with the approval of more than two thirds of the members of the Committee. Any other important resolutions shall only be adopted with the approval of more than two thirds of the members present at the meeting.
Article 9
The principal functions of the Committee meetings are:
(1) To review important issues of the BAC, such as work policy and work plan, and making the corresponding decisions on these issues;
(2) To review and adopt the annual work report and financial report submitted by the Secretary General of the BAC;
(3) To decide on the candidates for the post of Secretary General and the Expert Advisory Board of the BAC;
(4) To review and approve the plan for the establishment of the administrative body of the BAC;
(5) To decide on the appointment, dismissal and striking off of arbitrators;
(6) To revise the Constitution of the BAC;
(7) To decide on the dissolution of the BAC; and
(8) To handle any other duties prescribed by the Arbitration Law, the Provisional Arbitration Rules and the Constitution of the BAC.
Article 10
The Standing Committee shall consist of the Chairman, Vice-Chairmen and Secretary General. The Standing Committee shall manage important day to day operations of the BAC when the Committee is not sitting.
Article11
The Chairman and the office staff of the BAC shall not be appointed concurrently as an arbitrator. The Vice-Chairmen and members of the Committee shall not accept the appointment to act as an arbitrator by a party nor shall the Chairman of the BAC appoint him as an arbitrator except when he has been jointly appointed by both parties.
Article 12
The BAC shall set up an Expert Advisory Board where necessary to provide consultative advice on complex issues to the BAC and the arbitrators. The Expert Advisory Board shall be headed by one of the Vice-Chairmen of BAC.
Article 13
The BAC shall set up a Disciplinary & Supervisory Board for arbitrators where necessaryand the Board shall compose of representatives of the Committee and arbitrators. The Disciplinary & Supervisory Board shall be headed by one of the Vice-Chairmen of BAC.
Article 14
The BAC shall terminate upon a dissolution resolution being passed by the meeting of the Committee and with the consent of the Peoples Government of Beijing Municipality.
Chapter III Administrative Body
Article 15
The BAC shall set up an Office to function as a day to day administrative body. The Secretary General shall oversee the work of the Office. The principal functions of the office are:
(1) To handle procedural and routine work, such as case acceptance, service of documents, tribunal hearing, and filing;
(2) To collect and manage arbitration fees; and
(3) To deal with any other work as assigned by the Committee.
Article 16
The Office shall set up several departments where necessary. The appointments of the key personnel for the Office shall be decided by the Standing Committee.
Chapter IV Arbitrators
Article 17
The BAC shall appoint arbitrators in accordance with the provisions of the Arbitration Law pertaining to the qualification of arbitrators and when the arbitration work warrants it.
Article 18
The Standing Committee shall submit a list of candidates nominated for appointment as arbitrator to the meeting of the Committee for review and approval, after which the BAC shall make the appointment and issue a Certificate of Appointment . The term of office of an arbitrator shall be three years and he may be reappointed at the expiry of his tenure of office.
During the tenure of office, where an arbitrator is in serious breach of the provisions of the Ethical Standards for Arbitrators or the Administrative Measures on the Appointment of Arbitrators, the BAC shall have the right to dismiss the arbitrator concerned.
Where an arbitrator is not reappointed when his term of office expires, his duties as an arbitrator shall continue until the conclusion of the case he is arbitrating.
Where an arbitrator is dismissed during his term of office, or not listed in the Panel of Arbitrators as a result of the circumstances set forth in Article 9 of the Administrative Measures for the Appointment of Arbitrators, the BAC shall notify him in writing. Within 7 days from the receipt of the notice, the arbitrator concerned shall decide if he is withdrawing from the case/s he is arbitrating and shall then notify the same in writing to the relevant secretary handling the case. In the event the arbitrator concerned fails to respond or decides not to withdraw voluntarily, the BAC shall inform the parties of the cases that are still pending of the BACs decision. The dismissed arbitrator or the arbitrator excluded from the Panel shall not participate in the hearing of cases from the date the newly revised list of the Panel is officially published. However, where both parties have agreed for the arbitrator to continue hearing the case, he may perform his duties until such time when the hearing of the case is concluded.
Article 19
The BAC shall draw up the list of arbitrators on the Panel according to their field of expertise. The Panel of Arbitrators shall be filed with the Arbitration Association of the Peoples Republic of China.
Article 20
An arbitrator shall abide by the Ethical Standards for Arbitrators formulated by the BAC.
Article 21
An arbitrator shall strictly abide by the provisions of Arbitration Rules and ensure that the parties exercise their rights and interests as prescribed in the Arbitration Rules and treat the parties equally and fairly.
Article 22
Where an arbitrator has met a party or its representative privately, or accepted a treat or gift from a party or its representative, or while arbitrating a case has sought or accepted a bribe, engages in malpractice for his personal benefit, or has perverted the law in adjudication, or has committed any other serious breach of the Arbitration Rules or Ethical Standards for Arbitrators, the Disciplinary & Supervisory Board shall make recommendations on the disposal of his case to the meeting of the Committee for its decision.
Chapter V Finance
Article 23
An independent accounting system shall be adopted for the financial affairs of the BAC.
Article 24
The sources of funding for the BAC shall include:
(1) subsidies from the Government;
(2) arbitration fees paid by the parties; and
(3) social donations and contributions and other lawful income.
Article 25
In the event of termination of the BAC, its property shall be subject to liquidation. After liquidation, the remainder of the properties shall be disposed according to the relevant provisions of the State.
Chapter VI Supplementary Provisions
Article 26
The BAC shall be responsible for the interpretation of this Constitution.
Article 27
This Constitution has been adopted by the Committee and shall take effect from September 1, 2006.
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