Article 1 Purpose

In order to further standardize the conferral of arbitrator qualification, strengthen the capacity-building of arbitrators and improve the credibility of arbitration, these rules are therefore enacted in accordance with the Arbitration Law of the People’s Republic of China, the Articles of Association of China International Economic and Trade Arbitration Commission (“CIETAC”), and the CIETAC Arbitration Rules (“Arbitration Rules”).

Article 2 Requirements for Arbitrators

Chinese arbitrators shall satisfy the following requirements:

1. Devote to arbitration, be righteous and upright, adhere to the principle of independence and impartiality;

2. Passed the National Judicial Examination for legal professions and engaged in arbitration for at least eight years or; practiced as a lawyer for at least eight years or; served as a judge for at least eight years or; conducted legal teaching and research with senior professional titles or; possessed legal expertise and worked in economic trade with senior professional titles or equivalent professional level;

3. Support the Articles of Association of CIETAC and be willing to abide by the Code of Conduct for Arbitrators etc.;

4. Master a foreign language and could use it as a working language, the condition of which can be relaxed to some of the well-known professionals;

5. Ensure enough time for arbitration work;

6. Other requirements of CIETAC.

Foreign arbitrators shall satisfy the following requirements:

1. Devote to arbitration, be righteous and upright, adhere to the principle of independence and impartiality; 

2. With expertise in law, economic trade with practical experience.

3. Support the Articles of Association of CIETAC and be willing to abide by Code of Conduct for Arbitrators etc.;

4. Possess basic knowledge of Chinese, the condition of which can be relaxed to some of the well-known professionals; 

5. Other requirements of CIETAC.

The requirements for arbitrators from Hong Kong, Macau and Taiwan shall be analogically governed by the conditions for foreign arbitrators.

Article 3 Application

Applicants shall submit the following documents to provide truthful and accurate information:  

1. Application and curriculum vitae;

2. One or two recommendation letters from empaneled arbitrators or experts (which may be waived for some of the well-known professionals);

3. Written opinion of the applicants’ working place, if necessary.

Article 4 The Conferral of Qualification of Arbitrator

After preliminary review conducted by the Secretariat of CIETAC, application materials shall be submitted to the Arbitrator Qualification Review Committee, and to the Chairman’s Council upon approval. Once approved by the Chairman’s Council, CIETAC shall issue the certificate and publish the panel.

Explanation is not necessary where the application for arbitrator qualification is denied.

Article 5 Term of Office

The term of office for arbitrator is 5 years, after which the qualification shall expire automatically.

If necessary, CIETAC may confer qualification to new arbitrators during the term. The term of office thereof is the remaining term of office of the session.

Article 6 The Extension of the Arbitrator Qualification

After the expiration of the term of office, the Arbitrator Qualification Review Committee shall, as the case may be, provide suggestions of whether to extend the arbitrator’s qualification in accordance with the arbitrator’s performance during the session, which shall be assessed and decided by the Chairman’s Council.

Article 7 Disqualification

An arbitrator shall be disqualified after examined by the Arbitrator Qualification Review Committee and approved by the Chairman’s Council within the term of office where an arbitrator is unwilling to act as CIETAC’s arbitrator, or is deemed incompetent due to serious violation of the Arbitration Law of the People’s Republic of China, the Arbitration Rules, the Code of Conduct for Arbitrators, or the Rules for Evaluating the Behavior of Arbitrators, or otherwise necessary due to certain reasons.

Article 8 CIETAC’s Obligation of Notification

CIETAC shall provide written notice if a decision is made not to extend the qualification of an arbitrator, or if an arbitrator is disqualified, with or without providing reasons based on the circumstances. 

Article 9 Continuance of Duties

An arbitrator whose qualification is not extended or is cancelled may continue to perform his or her duties as arbitrator until the end of the arbitration proceeding.

Article 10 Panel of Arbitrators

CIETAC shall print the Panel of Arbitrators in both Chinese and English after the conferral of the qualification of arbitrators.

In the Panel of Arbitrators, Chinese arbitrators shall be arranged in pinyin order of surnames and foreign arbitrators shall be arranged in alphabetical order of surnames.

Article 11 Arbitrator’s Duty of Notification

Within the term of office, the arbitrator is obliged to assure that information provided to CIETAC, such as education background, working place, position, title and contact details, is accurate and disclose relevant information voluntarily. Timely or prior notification is required if working place, mailing address, contact number, or email address are changed or performance of the duties of arbitrator is impeded, such as being abroad or on business trip for a long time.

Article 12 Interpretation

The interpretation made by the Arbitrator Qualification Review Committee shall prevail.

Article 13 Come into Force

The Rules on the Conferral of Qualification of Arbitrators are deliberated and adopted by the Chairman’s Council on April 27, 2021 and shall come into force as of May 1, 2021. The previous Rules on the Conferral of Qualification of Arbitrators  shall be repealed at the same time.