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China’s Nansha International Arbitration Center

Guidelines on the Procedures of Macau International Arbitration Model

These Guidelines on the Procedures of Macau International Arbitration Model of China’s Nansha International Arbitration Center (these "Guidelines") are developed for the purpose of conducting arbitration in the Macau International Arbitration Model under these Guidelines upon consent of the parties and by applying the General Arbitration Rules of China’s Nansha International Arbitration Center. For a party applying the General Arbitration Rules of China’s Nansha International Arbitration Center, any consent to arbitration in the Macau International Arbitration Model or in accordance with the Macau International Arbitration Model Flow Chart or to similar expressions shall be deemed as a consent to arbitration in the Macau International Arbitration Model under these Guidelines.

Unless otherwise agreed by the parties or the Chairman of the Center specifies the application of the General Arbitration Rules of China’s Nansha International Arbitration Center, the Specific Regime for International Commercial Arbitration (Decree-Law n. º 55/98/M) shall apply to the arbitration, the place of arbitration shall be Macau, and the hearing may be held in Nansha, Guangzhou or another place within the territory of the People’s Republic of China.

Matters uncovered in these Guidelines shall be governed by an agreement reached by the parties through negotiation and confirmed by the Chairman of China’s Guangzhou Arbitration Commission. If the parties do not negotiate or fail to reach a consensus upon negotiation, the matters are up to the decision of the Chairman of China’s Guangzhou Arbitration Commission.

Chapter I Composition of Tribunal

Article 1 The tribunal shall be composed of one or three arbitrator(s). The parties may agree on the number of arbitrators and the selection of arbitrators in the arbitration agreement or in a written supplementary agreement. If the parties do not agree on or fail to reach a consensus on the number of arbitrators, it shall be determined by the Chairman of China’s Guangzhou Arbitration Commission.

Article 2 If the parties agree that the tribunal shall be composed of three arbitrators, the parties shall first select the presiding arbitrator in writing.

If no presiding arbitrator is selected, each party shall select an arbitrator, and the Chairman of China’s Guangzhou Arbitration Commission shall appoint a third arbitrator, who shall act as the presiding arbitrator.

If one or both parties fail to select an arbitrator, the Chairman of China’s Guangzhou Arbitration Commission shall appoint all the arbitrators, and shall organize and hold a pre-hearing meeting, at which the parties shall select the presiding arbitrator from the three arbitrators. If the parties fail to appear in the hearing without justifiable reasons or fail to reach a consensus, the presiding arbitrator shall be appointed by the Chairman of China’s Guangzhou Arbitration Commission.

Article 3 If the parties fail to select the sole arbitrator, it shall be appointed by the Chairman of China’s Guangzhou Arbitration Commission.

Article 4 The arbitrators selected by the parties are subject to confirmation by the Chairman of China’s Guangzhou Arbitration Commission.

Chapter II Pre-hearing Procedures

Section I General principles

Article 5 In arbitration, procedural rules of arbitration shall be agreed on by the parties or, if the parties fail to agree on them, be determined by the tribunal, with the rules of these Guidelines as supplements.

Article 6 In all cases, procedural steps shall be determined in line with the principles of equality and argument between the parties and quick proceedings, aimed at resolving the dispute promptly and reasonably.

Article 7 If the procedures agreed on by the parties do not comply with the provisions of Article 6, the tribunal, after listening to the opinions of both parties, shall determine other procedures better incorporating the above-mentioned principles.

Article 8 Before a final award is made, the parties must be given an opportunity to express their opinions in writing.

Section II File a statement of claim and a statement of defense   

Article 9 The claimant shall file a statement of claim. After receiving the statement of claim, the Center shall give the respondent a notice, requiring the respondent to file a statement of defense within 30 days from the date of receiving the statement of claim, and shall remind the respondent that according to the agreement, failure to file a statement of defense shall be deemed as admission of the facts stated in the statement of claim.

Article 10 If the respondent files a statement of defense, the Center shall promptly notify the claimant after receiving the statement of defense. If the respondent files a counterclaim, the Center shall, after receiving the statement of counterclaim, give the claimant a notice, requiring it to file a statement of reply within 30 days, and remind the claimant that that according to the agreement, failure to file a statement of reply shall be deemed as admission of the facts stated in the statement of counterclaim.

Article 11 The above-mentioned statements shall be filed within the prescribed time limit, and if either party fails to file any statement on time, the tribunal may impose a fine on such party, unless it is proved that the failure to do so was due to objective circumstances.

Chapter III Hearing Procedures

Section I Preliminary hearing

Article 12 After the above-mentioned statements are filed, the tribunal shall give the parties a notice, requiring them to appear in a hearing on one of the subsequent 20 days. The main objectives of the hearing include:

(1) Attempt to mediate;

(2) Resolve objections to the jurisdiction of the tribunal;

(3) Let the parties to argue on the factual and legal issues, as needed for the hearing of all or part of the substantive issues of the case;

(4) Ascertain the important facts related to the case;

(5) Make decisions on the methods of evidence collection and on the evidence admitted, and determine relevant investigation measures according to the request of the parties or the decision of the tribunal. If a party has justifiable reasons to postpone the decision on the methods of evidence collection and the investigation measures, the tribunal may postpone it, for no more than 8 working days.

Section II Hearing

Article 13 At the request of a party or ex officio, the tribunal may:

(1) Require the parties to submit written statements;

(2) Listen to the opinions of third parties;

(3) Facilitate the submission of documents or evidence possessed by the parties or third parties;

(4) Designate appraisers, determine appraisers’ tasks, and collect appraisal reports;

(5) Conduct reviews, inspections, and direct verifications.

Article 14 The tribunal has the discretion to decide whether or not to accept a party’s request for hearing measures.

Article 15 In the course of the hearing, relevant statements filed, information provided and explanations made shall be recorded in writing, if either party so requests or the tribunal decides so ex officio.

Article 16 In all measures taken for the purpose of conducting the hearing, the parties shall be treated equally absolutely and be given equal opportunities to exercise their rights.

Article 17 Within a reasonable time after the investigation is completed, the tribunal shall give the parties a prior notice, requiring them to conduct an oral argument on the case at a designated place.

Article 18 The oral argument is not required if the parties submit their arguments in writing. Nevertheless, the tribunal shall ensure that each party has an opportunity to make a statement within eight to ten days.

Chapter IV Award

Article 19 If the tribunal is composed of more than one arbitrator, the tribunal shall make an award according to the majority rule, and all arbitrators shall participate in the collegiate meeting. If no majority opinion is formed at the collegiate meeting, the presiding arbitrator shall have the right to make an award.

Article 20 If the tribunal is composed of one arbitrator, the sole arbitrator shall make an award.

Article 21 The arbitrators shall hear the case in accordance with the current law, unless the parties permit the arbitrators to hear the case in accordance with the “principles of fairness and reasonableness” in the arbitration agreement or in subsequent documents prior to the argument on the case.

Chapter V Mediation

Article 22 If both parties make a request for mediation or the tribunal believes that the case can be mediated, mediation may be attempted at any stage of the arbitration proceedings by convening a preliminary hearing, provided that no more than one hearing is convened for such purpose alone.

Article 23 If the parties reach an agreement to resolve the dispute during the hearing or at any other stage, the tribunal shall make a confirmation on the agreement.

China’s Nansha International Arbitration Center

Guidelines on the Procedures of Macau International Arbitration Model

Charging Measures

Article 1 An arbitrator’s fee and the Center's administration fee shall be paid for all arbitration proceedings conducted in accordance with these Guidelines on the Procedures of Macau International Arbitration Model.

Article 2 The arbitrator’s fee shall be calculated in accordance with this schedule. In the case of a sole-arbitrator tribunal, China’s Nansha International Arbitration Center need to increase the sole arbitrator’s maximum fee to an amount not exceeding 50% of the fee set out in this schedule. All arbitrator’s fees are used to cover arbitrator’s remunerations.

Article 3 The Center’s administration fee shall be calculated in accordance with the Administration Fee Schedule of China’s Nansha International Arbitration Center and shall be prepaid by the claimant.

Model Arbitration Clauses

Any dispute, controversy, disagreement or claim arising from or in connection with this contract, including the existence, validity, interpretation, performance, breach or termination of this contract, or any non-contractual dispute arising from or in connection with this contract, shall be submitted to China’s Nansha International Arbitration Center for final resolution through arbitration in accordance with the General Arbitration Rules of China’s Nansha International Arbitration Center in effect at the time of submission and by applying these Guidelines on the Procedures of Macau International Arbitration Model.

The tribunal shall be composed of (1 or 3) arbitrator(s). The arbitration shall be conducted in (the language to be selected).