Article 1  These rules are formulated to strengthen the management of arbitrators, improve the credibility of arbitration, and promote the development of arbitration.

Article 2  An arbitrator shall strictly abide by the Code of Conduct for Arbitrators, perform his or her duties independently, impartially, diligently and prudently. He or she also shall be upright and self-disciplined, and shall not represent the interst of either party of a case and shall treat both parties with equality.

Article 3  An arbitrator shall diligently study the arbitration theories, be proficient in the arbitration practices, frequently update their knowledge, refine their analytical ability and judgment, constantly improve their case handling skills, and maintain a high professional level in law and in their specialized areas.

Article 4  An Arbitrator shall not accept nomination or appointment if any of the following circumstances exists:

1. The arbitrator shall withdraw according to the law;

2. The arbitrator is unable to participate in an oral hearing within two months of nomination or appointment;

3. Due to his or her heavy workload, the arbitrator cannot ensure enough time and energy to handle the case with the necessary level of care;

4. The arbitrator is unable to examine the case due to health reasons; 

5. The arbitrator is unable to handle the case due to his or her unfamiliarity with the professional field involved in the case; and

6. Other situations that make it inappropriate for the arbitrator to accept the nomination or appointment.

Article 5  The Chairman, Vice-Chairman or staff of CIETAC shall not accept the nomination by a party to serve as arbitrator unless otherwise being appointed by CIETAC according to the Arbitration Rules.

Article 6  When accepting an nomination or appointment, the arbitrator shall submit a declaration of acceptance truthfully. If any of the following circumstances exist which may raise reasonable doubt as to the independence and impartiality of the arbitrator, the arbitrator shall timely disclose in writing to CIETAC:

1. The arbitrator, or the organization he or she works for, is related to the case or had business contact with a party, its arbitration agent or the affiliated organizations of a party within the past two years;

2. The arbitrator is or was a colleague of another arbitrator of the case within the past two years;

3. The arbitrator and a party, its main manager or agent hold full-time positions in the same social organization and frequently come into contact with each other;

4. The arbitrator holds or held an official position in an organization that is related to the case within the past two years;

5. The arbitrator or the arbitrator’s close relative has a close personal relationship with a party or its agent;

6. The arbitrator has been nominated as the arbitrator by the same party, agent, or law firm more than three times within the past two years, unless in related cases or cases of the same nature;and

7. Other circumstances that may raise reasonable doubt of the parties as to the independence or impartiality of the arbitrator.

8. If the arbitrator becomes aware of a circumstance that needs to be disclosed in the arbitral proceedings, the arbitrator shall make the disclosure immediately.

CIETAC has the power to decide whether the arbitrator shall be replaced based on his or her disclosure.

Article 7  If any of the following circumstances exists, an arbitrator should make a request to CIETAC for withdrawal on his or her own initiative. The parties and the other members of the arbitral tribunal may also submit a written challenge against the arbitrator to the Chairman of CIETAC, with specific reasons stated therein. The Chairman will then make a decision on the challenge. The Chairman may also make such a decision on his or her own initiative.

1. The arbitrator is a party to the case or is a close relative of a party or its agent;

2. The arbitrator or his or her close relative has a personal stake in the case;

3. The arbitrator has met with a party or its agent in private or has accepted improper benifit from the latter;

4. The arbitrator has other ties with a party or its agent that may affect the impartiality of the arbitration, mainly including the following circumstances:

(1) The arbitrator has previously advised on the same case to a party or its agent;

(2) The arbitrator has recommended or introduced an agent to a party;

(3) The arbitrator has served as a witness, appraiser, forensic examiner, defense attorney, litigation or arbitration agent in the same case or a related case;

(4) The arbitrator is currently a colleague of a party or its agent or used to be a colleague thereof within the past two years;

(5) The arbitrator is currently the legal adviser or agent of a party or affiliated organizations of a party within the past two years;

(6) The close relative of the arbitrator currently works for the same organization of a party or its agent;

(7) The arbitrator or the arbitrator’s close relative has a possible right of recourse with regard to any party;

(8) The arbitrator or his or her close relative shares collective rights or obligations with a party or its agent, or has any other kind of collective interests with a party or its agent; and

(9) Other circumstances that may raise a reasonable doubt as to the impartiality of the arbitration proceeding.

Article 8  If any of the following circumstances exist in an arbitrator’s handling of a case that may seriously affect the justice and quality of the case and prevent its timely resolution, the arbitrator in question, other members of the arbitral tribunal or either of the parties may, pursuant to the Arbitration Law of the People’s Republic of China, submit a written petition to the Chairman of CIETAC to replace the arbitrator, with specific reasons stated therein. The Chairman will then make a decision on the replacement. The Chairman may also make such a decision on his or her own initiative.

1. The arbitrator lacks the necessary knowledge and ability to handle a case;

2. The arbitrator has failed to fulfill his or her due diligence obligations;

3. The arbitrator has failed to conduct arbitral proceedings in accordance with the Arbitration Rules; and

4. Other circumstances that demonstrate the arbitrator’s inability to properly perform his or her duties.

Article 9  When an arbitrator commits a violation of the Code of Conduct for Arbitrators or the Case Management Standards for Arbitrators which might affect the parties’ confidence in CIETAC or damage the reputation of CIETAC, CIETAC has the power to give a reminder, make a suggestion, or issue a warning to the arbitrator according to the severity of the circumstances if it considers the violation does not warrant withdrawal, replacement or dismissal of the arbitrator:

1. The arbitrator prevents the timely resolution of the case under false excuses;

2. The abitrator fails to attend the oral hearing without justified reasons;

3. The arbitrator fails to participate in the deliberations or investigations of the arbitral tribunal or be late for an oral hearing without justified reasons;

4. The arbitrator changes the time for an oral hearing after it is confirmed without justified reasons, or fails to reserve enough time for an oral hearing, resulting in the scheduling of an additional hearing;

5. The arbitrator receives phone calls, messages, leaves the hearing room at will, or dresses inappropriately during an oral hearing;

6. The arbitrator displays bias during an oral hearing and in the arbitral proceedings, including either directly or covertly assisting one party by examining evidence, making arguments, raising claims or asking apparently leading questions for that party;

7. The arbitrator publish the information related to a case in any way to the outside without prior approval of CIETAC; and

8. Other circumstances that may raise a reasonable doubt in the eyes of the parties to the arbitrator.

Article 10  If any of the following circumstances exist during an arbitrator’s term of office, CIETAC has the power to disqualify that arbitrator:

1. The arbitrator does not agree with the Articles of Association and Arbitration Rules of CIETAC, openly opposes or passively resists the implementation of the Articles of Association and Arbitration Rules, or intentionally acts in a way that damages the reputation of CIETAC;

2. The arbitrator was subjected to criminal penalties, or received serious administrative punishment for violation of law, or received the party disciplinary and political sanctions above the serious warning level (excluding the serious warning level) within the past five years;

3. The arbitrator deliberately concealed facts or circumstances that would have resulted in his or her withdrawal, which resulted in serious consequences;

4. The arbitrator has acted against the impartial position of an arbitrator and received multiple warnings from CIETAC during the arbitral proceedings;

5. The arbitrator bears primary responsibility for the delays in the arbitral proceedings;

6. The arbitrator reveals his or her own opinion or the deliberations of the arbitral tribunal to a party;

7. The arbitrator fails to perform his or her duties in a diligent and cautious manner, fails to carefully read the case materials or familiarize with the case in a seriously irresponsible manner;

8. The arbitrator engages in favoritism and commits irregularities, or perverts the law in rendering an arbitral award;

9. The arbitrator meets a party in private, or accepts an invitation or gift or other improper benefits from a party;

10. The arbitrator inquires about the details of a case, entertains or gives gifts, or provides advantages or improper benefits to those involved in the case on behalf of a party;

11. The arbitrator intentionally misinterprets the facts and law, or insists on supporting one party’s claims and arguments or opposing the other party’s claims and arguments without explaining the reasons;

12. The arbitrator contacts another arbitrator of the same case in private to deliberatly create a majority opinion in disregard of the facts and law, for the improper interests of a party;

13. The arbitrator has received relatively more negative feedback from the CIETAC arbitrator evaluation and feedback mechanism, or lacks the necessary knowledge and ability to serve as an arbitrator;

14. The arbitrator fails to participate in the trainings for arbitrators in accordance with the Rules for Arbitrator Trainings;

15. The arbitrator’s intentional or gross negligence has caused the arbitral award to be dismissed or not enforced;

16. The arbitrator has been dismissed by other arbitration institution, and it is verified that there are indeed circumstances against the renewal of the arbitrator’s term of service;

17. The arbitrator never had a working contact with CIETAC within the past five years including but not limited to: failed to participate in the trainings for arbitrators, failed to publish articles in “Arbitration and Law” or other designated journals, and failed to promote CIETAC as required; and

18. Other circumstances that make it inappropriate for him or her continue to serve as an arbitrator.

Article 11  When an arbitrator receives a party’s complaint forwarded by CIETAC, the arbitrator shall treat it seriously and provide a full and faithful explanation in writing.

Article 12  The evaluation and supervision of arbitrators are the responsibility of the Arbitrators’ Qualifications Review Board, while their daily matters are in the charge of the Secretariat of CIETAC.

The Secretariat of CIETAC shall collect and organize the complaint and evaluation information, record the main points of the facts in file and for compilation, and promptly notify the arbitrator in question.

Article 13 Based on the result of evaluation, the Arbitrators’ Qualifications Review Board may decide to issue a warning to the arbitrator or report the result to CIETAC for its decision on an immediate dismissal of the arbitrator or as its basis in deciding whether or not to renew the arbitrator’s term of office. The specific matters shall be handled by CIETAC in accordance with the Rules for the Engagement of Arbitrators.

Article 14  These Rules are amended by the Chairman’s Council of CIETAC on 27 April 2021, shall be effective as from 1 May 2021, upon which the former Rules of Evaluating the Behavior of Arbitrators of January 2009 shall be repealed.