Article 1 These rules are amended to comprehensively strengthen the management of arbitrators, improve the quality of case management, enhance the credibility of arbitration, and promote the high-quality 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 handle cases where there is a conflict of interest with him or herself or represent the interest of either party of a case and shall treat both parties with equality and resolve disputes fairly and efficiently.

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 high quality of arbitral award.

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 and rules;

2. Due to personal reasons, 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.

Article 6 When accepting a nomination or appointment, the arbitrator shall make reasonable efforts to inquire about possible conflicts of interest between him or herself and the parties (including third-party sponsors and other interested parties), agents, other arbitrators of the case, and case itself, submit a declaration of acceptance truthfully, and disclose the conflicts of interest timely, accurately and completely.

Article 7 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 holds or held an official position in an organization that is related to 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 or the arbitrator’s close relative has a close or antagonistic personal relationship with a party or its agent;

5. 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;

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

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

The arbitrator shall have the obligation of continuous disclosure during the arbitration proceedings. If the arbitrator becomes aware of a circumstance that needs to be disclosed, the arbitrator shall make the disclosure immediately.

The Chairman of CIETAC has the power to decide whether the arbitrator shall withdraw based on his or her disclosure.

Article 8 If any of the following circumstances exists, which may affect the impartiality of the arbitration, the arbitrator shall withdraw:

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 benefit 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 or advisory consultant in the same case or a related case;

(4) The arbitrator and a party or its agent is currently colleagues or have an employment relationship or used to be colleagues or had an employment relationship thereof within the past two years;

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

(6) The close relative of the arbitrator is currently working 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 the arbitrator’s close relative, or the organization the arbitrator works for, 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.

In case of withdrawal, an arbitrator shall 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.

After the formation of the arbitral tribunal, if there is a conflict of interest due to the change of parties or agents, the Chairman of CIETAC will decide whether the arbitrator shall withdraw based on the actual situation.

Article 9 If any of the following circumstances exist in an arbitrator’s handling of a case that may seriously affect the impartiality, or quality of the case, or prevent its timely resolution, the arbitrator in question, other members of the arbitral tribunal or either of the parties may submit a written petition to 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 necessary professional knowledge, time, energy, health condition, or is unable to handle the case due to other personal reasons;

2. The arbitrator has failed to perform his or her duty in accordance with the Arbitration Rules or the requirement of time limits;

3. The arbitrator is legally or factually unable to perform his or her duty or other circumstances that demonstrate the arbitrator’s inability to properly perform his or her duties.

Article 10 When an arbitrator commits a violation of the Code of Conduct for Arbitrators and other management regulation of arbitrators, which affect the parties’ confidence in CIETAC or damage the reputation of CIETAC, CIETAC has the power to take such supervisory and administrative measures as reminder, warning, interview, deduction of arbitrator’s remuneration, suspension of arbitrator’s case handling qualification, etc., 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 fails to disclose circumstances that should have been disclosed;

2. The arbitrator delays the trial or award of the case without justified reasons, resulting in serious delay；

3. The arbitrator breaches the duty of care, causes errors in the procedure or the award, resulting in adverse effects or consequences；

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

5. The arbitrator receives phone calls, messages, leaves the hearing room at will, dresses inappropriately, or has serious disputes and confrontations with parties 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 brings an assistant to the hearing or entrust the trial and adjudication duties to persons other than members of the arbitral tribunal without prior approval of CIETAC;

8. The arbitrator violates the confidentiality obligation and is suspected of disclosing to the parties the personal opinions of the arbitrator, the deliberation opinions of the arbitral tribunal or the opinions of experts consulted by the arbitral tribunal, etc., or publish the information related to a case in any way to the outside without prior approval of CIETAC;

9. The arbitrator fails to attend the required arbitrator training or fails to complete the minimum training without justified reason; and

10. Other circumstances that affect the parties’ confidence in CIETAC or damage the reputation of CIETAC.

Article 11 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 (including the serious warning level) within the past five years;

3. The arbitrator meets a party (including its interested parties) or its agent in private, or accepts an invitation or gift or other improper benefits from a party (including its interested parties) or its agent;

4. The arbitrator has been subject to supervision and management measures above the warning level (including the warning level) for more than three times (including three times) due to misconduct during the term of office and the circumstances are serious; 

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

6. The arbitrator’s intentional or gross negligence has caused the arbitral award to be set aside or not enforced;

7. The arbitrator obviously lacks the ability to serve as an arbitrator according to the concentrated reflection of the assessment and evaluation;

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

9. 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;

10. The arbitrator seriously violates social morality, family virtue, professional ethics, and personal morals, which is verified or exposed by the news media, resulting in serious damage to the reputation of the CIETAC;

11. 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;

12. The arbitrator never had a working contact with CIETAC during the term of office including but not limited to: failing to participate in the trainings for arbitrators, failing to publish articles in “Arbitration and Law” or other designated journals, failing to promote CIETAC as required, and never paying attention to or participating in any activities of CIETAC;

13. The arbitrator seriously violates the Arbitration Rules of CIETAC and the arbitrator management regulations, resulting in serious consequences; and

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

Article 12 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 13 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 14 CIETAC shall, in accordance with relevant arbitrator management measures, make a negative list as an important basis for evaluating arbitrators; based on the result of evaluation, the Arbitrators’ Qualifications Review Board may 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 on the Conferral of Qualification of Arbitrators.

Article 15 The arbitrator who acts as an agent in an arbitration case accepted by the CIETAC shall not be nominated or appointed as CIETAC arbitrator in the rest of his or her term of office from the date of his or her acting as an agent.

Article 16 The arbitrator shall not, in any capacity or in any way, participate in or assist the parties in applying to the court for setting aside or denial of enforcement of any arbitral award of CIETAC.

Article 17 CIETAC is responsible for the interpretation of the present Rules.

Article 18 These Rules are amended by the Chairman’s Council of CIETAC on 22 August 2023, shall be effective as from 1 October 2023, upon which the former Rules of Evaluating the Behavior of Arbitrators of 1 May 2021 shall be repealed.