发布时间：2026年08月19日
(Deliberated and revised at the First Meeting of the Fourth Session of the Tianjin Arbitration Commission on March 18, 2026, and effective as of June 1, 2026)
To ensure the fair and timely arbitration of economic disputes and protect the legitimate rights and interests of the Parties, the Tianjin Arbitration Commission (hereinafter referred to as “TAC”) formulates these Arbitration Rules in accordance with the Arbitration Law of the People’s Republic of China (hereinafter referred to as the “Arbitration Law”), relevant laws, and the Articles of Association of TAC.
TAC is an arbitration institution established in Tianjin, China, in accordance with the Arbitration Law, to resolve contractual disputes and other disputes over property rights and interests between natural persons, legal persons, and unincorporated organizations of equal status.
The branches and representative offices established by TAC are integral parts of TAC.
TAC shall, by means of arbitration, resolve contractual disputes and other disputes over property rights and interests between natural persons, legal persons, and unincorporated organizations of equal status.
TAC shall not accept the following disputes:
(1) Disputes arising from marital, adoption, guardianship, support, and succession matters;
(2) Administrative disputes that shall be handled by administrative organs in accordance with the law;
(3) Labor disputes;
(4) Disputes over contracted management contracts between rural collective economic organizations and their members;
(5) Disputes for which sports arbitration may be applied in accordance with the Sports Law of the People’s Republic of China.
Where the Parties agree to submit their dispute to TAC, its branches, or representative offices for arbitration, the arbitration proceedings shall be governed by these Arbitration Rules. Where the Parties agree to submit their dispute to TAC for arbitration but opt for the application of other arbitration rules, or agree on procedural matters inconsistent with these Arbitration Rules, the Parties’ agreement shall prevail, provided that such agreement is inoperative or conflicts with the mandatory provisions of the law of the seat of arbitration.
The arbitral activities of the Arbitral Tribunal shall be conducted based on the facts and in accordance with the law; where the law is silent, reference may be made to civil and commercial usages and international practices. The Arbitral Tribunal shall conduct the proceedings independently, promptly, fairly, and reasonably.
TAC respects the party autonomy of the Parties.
Arbitration activities shall adhere to the principles of good faith, fairness and efficiency, and confidentiality of arbitration.
An Arbitration Agreement refers to a written agreement concluded voluntarily by the Parties to submit to arbitration any arbitrable disputes that have arisen or may arise between them.
An Arbitration Agreement includes an arbitration clause stipulated in a contract or a separate written agreement concluded before or after the occurrence of a dispute to submit the dispute to arbitration.
The “written agreement” referred to in the preceding paragraph includes contracts, letters, telegrams, telexes, faxes, and other forms capable of tangibly representing the contained information, as well as electronic data interchange (EDI), emails, and other data messages capable of tangibly representing the contained information and being retrieved and accessed at any time.
An Arbitration Agreement shall contain the following elements:
(1) An expression of intention to resolve disputes through arbitration;
(2) Matters subject to arbitration;
(3) Designation of TAC.
Under any of the following circumstances, it shall be deemed that there is a written agreement to submit the dispute to TAC for arbitration:
(1) One Party applies to TAC for arbitration, and the other Party makes a written commitment expressing its willingness to submit the dispute to TAC for arbitration;
(2) The hearing transcript or other written documents jointly signed by the Parties during the arbitration proceedings state their agreement to arbitrate before TAC;
(3) One Party asserts the existence of an Arbitration Agreement upon applying for arbitration, and the other Party does not deny it prior to the first oral hearing, which is explained and recorded by the Arbitral Tribunal;
(4) The Parties fail to designate an arbitration institution but agree to arbitrate in accordance with these Arbitration Rules or specialized rules formulated by TAC.
The Arbitration Agreement shall be deemed valid under the following circumstances:
(1) The name of the arbitration institution stipulated in the Arbitration Agreement is inaccurate, but it can be determined that the specific arbitration institution is TAC, its branches, or its representative offices;
(2) Where a Party undergoes merger, division, or deregistration after concluding the Arbitration Agreement, the Arbitration Agreement shall be binding upon the successor of its rights and obligations, unless otherwise agreed by the Parties;
(3) Where a Party dies after concluding the Arbitration Agreement, the Arbitration Agreement shall be binding upon the heir who inherits the rights and obligations pertaining to the matters subject to arbitration, unless otherwise agreed by the Parties or where the matters involve a personal nature that cannot be inherited;
(4) Where the creditor’s rights or debts are transferred in whole or in part, the Arbitration Agreement shall be binding upon the assignee, unless otherwise agreed by the Parties or there is evidence proving that the assignee explicitly objected to it or was unaware of the separate Arbitration Agreement at the time of assignment;
(5) Where a branch of a legal person concludes the Arbitration Agreement, the Arbitration Agreement shall be binding upon both the legal person and its branch.
TAC has the power to confirm the validity of an Arbitration Agreement.
The Arbitration Agreement exists independently. The non-formation, non-effectiveness, revocation, termination, or invalidity of a contract shall not affect the validity of the Arbitration Agreement.
Where there is no Arbitration Agreement between the Parties, and one Party invites the other Party through TAC to resolve the dispute by arbitration and signs an Invitation to Arbitrate, TAC shall serve the Invitation to Arbitrate and these Arbitration Rules on the other Party within two (2) days.
If the other Party agrees to arbitrate, TAC shall notify both Parties that an Arbitration Agreement has been reached. If the other Party fails to respond within the specified time limit after receiving the Invitation to Arbitrate, it shall be deemed as a refusal of the invitation.
Where a Party challenges the validity or existence of the Arbitration Agreement, or contends that the matters claimed exceed the scope of the Arbitration Agreement or that the dispute does not fall within the types of disputes acceptable to TAC, such objection shall be raised in writing prior to the first oral hearing.
Where the Parties agree to proceed on a documents-only basis, the objection specified in the preceding paragraph shall be raised in writing within the period for defense stipulated in these Arbitration Rules, unless a defense on substantive issues has already been submitted.
If a Party fails to raise an objection within the time limits prescribed in the preceding paragraphs, it shall be deemed to have accepted TAC’s Jurisdiction over the arbitration case.
The raising of an objection by a Party shall not suspend the progression of the arbitration proceedings.
If the objection is established upon review, TAC shall render a decision dismissing the application for arbitration; if the objection is not established, TAC shall render a decision dismissing the objection.
After the Arbitral Tribunal is formed, the decision on the objection stipulated in the preceding paragraph shall be rendered by the Arbitral Tribunal.
If the objection raised by a Party under Paragraph 1 of this Article is not established upon prima facie examination, TAC or the Arbitral Tribunal may render a provisional decision to dismiss the objection. If the Arbitral Tribunal, during the oral hearing, discovers contrary facts or evidence, it may render a new decision.
Where TAC or the Arbitral Tribunal considers that circumstances specified in Article 13, Paragraph 1 of these Arbitration Rules exist, it may directly render a decision based on the specific circumstances.
Where one Party applies for confirmation of the invalidity of the Arbitration Agreement or raises an objection to jurisdiction on the ground that the Arbitration Agreement is invalid, while the other Party applies to the People’s Court to confirm the validity of the Arbitration Agreement, the People’s Court shall render a ruling.
Where a Party applies to the People’s Court for a ruling on the validity of the Arbitration Agreement, it shall simultaneously submit a copy of the application objecting to the validity of the Arbitration Agreement and the relevant case-filing materials of the People’s Court to TAC.
A Party that knows or ought to have known that any provision of these Arbitration Rules, any other arbitration rules applicable to the arbitration proceedings, any decision of the Arbitral Tribunal, or any term stipulated in the Arbitration Agreement has not been complied with, yet proceeds with the arbitration proceedings, shall be deemed to have waived its right to object to such non-compliance, unless it raises a written objection to TAC or the Arbitral Tribunal upon discovering the non-compliance.
An application for arbitration shall meet the following conditions:
(1) There is an Arbitration Agreement;
(2) There are specific arbitration claims as well as facts and grounds;
(3) There is a specified Respondent;
(4) The arbitral matters fall within the Scope of Case Acceptance of TAC.
When applying for arbitration to TAC, the Claimant shall submit the following materials:
(1) An Application for Arbitration;
(2) The Arbitration Agreement;
(3) Proof of the subject qualification of the parties;
(4) Evidentiary materials substantiating the arbitration claims.
Within five (5) days of receiving the Application for Arbitration and attached materials, TAC shall, if it considers the conditions for acceptance are met, notify the Claimant to pay an advance on the arbitration fee; if it considers the conditions for acceptance are not met or supplementary materials are required, it shall notify the party and state the reasons.
Within five (5) days of the advance payment of the arbitration fee by the party, TAC shall send the Notice of Acceptance, these Arbitration Rules, the Panel of Arbitrators, and other relevant documents to the Claimant, and shall send the Application for Arbitration, the Notice of Defense, these Arbitration Rules, the Panel of Arbitrators, and other relevant documents to the Respondent.
The Respondent shall submit a Statement of Defense within fifteen (15) days upon receipt of the Notice of Defense.
If a party applies for an extension of the defense period, it shall submit a written application within the said defense period. If the Arbitral Tribunal considers the reasons justified, it may grant an appropriate extension.
Upon receipt of the Statement of Defense, TAC shall serve a copy thereof on the Claimant prior to the hearing. Failure by the Respondent to submit a Statement of Defense shall not affect the progress of the arbitral proceedings.
The Claimant may withdraw or amend its arbitration claims, and may admit or rebut a counterclaim. The Respondent may admit or rebut the arbitration claims, has the right to file a counterclaim, and may withdraw or amend its counterclaim.
Where a party amends its arbitration claims, or files or amends a counterclaim, it shall do so in writing prior to the oral arguments of the hearing.
Within five (5) days of receiving an application for amending the arbitration claims, an application for a counterclaim, or an application for amending a counterclaim, TAC shall, if it considers the conditions for acceptance are met, notify the party to pay an advance on the arbitration fee; if it considers the conditions for acceptance are not met, it shall notify the party and state the reasons. Whether to accept an amendment to a claim, a counterclaim, or an amendment to a counterclaim shall be decided by TAC prior to the constitution of the Arbitral Tribunal, or by the Arbitral Tribunal after its constitution.
Within five (5) days of the advance payment of the arbitration fee by the party, TAC shall send the relevant notices to both parties.
The defense against an amended arbitration claim, a counterclaim, or an amended counterclaim shall be governed by the provisions of Article 21 of these Arbitration Rules.
Where a party amends the facts and grounds of its arbitration claims or counterclaims, the provisions of Paragraph 2, Article 22 of these Arbitration Rules shall apply.
The Application for Arbitration shall include the following contents:
(1) The name, identity document number, domicile, postal code, telephone number, email address, and other electronic communication methods of the parties. For a legal person or other unincorporated organization, the name and title of its legal representative or principal person in charge shall also be specified;
(2) The arbitration claims as well as the facts and grounds on which they are based.
Where a party submits an Application for Arbitration, an application for a counterclaim, a Statement of Defense, evidentiary materials (with an index of evidence attached), and other documents, it shall do so in five (5) copies. If there are two or more opposing parties, the number of copies shall be increased accordingly; if the Arbitral Tribunal is composed of a sole arbitrator, the number of copies shall be reduced by two (2).
TAC or the Arbitral Tribunal may require the parties to submit electronic versions of materials such as the application, the Statement of Defense, and the index of evidence.
Where an application for arbitration involves multiple contracts, separate applications for arbitration shall be filed.
Subject to the consent of TAC, a party may consolidate its applications for arbitration into a single case based on identical Arbitration Agreements in multiple contracts, provided that one of the following conditions is met:
(1) The multiple contracts consist of a principal contract and ancillary contract(s);
(2) The multiple contracts involve identical parties, and the subject matters of arbitration are of the same kind or are correlated;
(3) The parties to the contracts are identical, and there is an overlap in the performance of the multiple contracts such that the specific performance acts and subject matters of these contracts cannot be severed.
Where a party applies to join a third party bound by the same Arbitration Agreement to the arbitral proceedings as a party to the case, whether to accept such joinder shall be decided by TAC prior to the constitution of the Arbitral Tribunal, or by the Arbitral Tribunal after its constitution.
Where a third party bound by the same Arbitration Agreement applies to join the arbitral proceedings as a party to the case, the unanimous consent of the existing parties is required. Whether to accept such joinder shall be decided by TAC prior to the constitution of the Arbitral Tribunal, or by the Arbitral Tribunal after its constitution.
The joinder of a third party not bound by the same Arbitration Agreement requires the unanimous consent of the third party and both existing parties, and the conclusion of an Arbitration Agreement. Whether to accept such joinder shall be decided by TAC prior to the constitution of the Arbitral Tribunal, or by the Arbitral Tribunal after its constitution.
An application by a third party or a party for the joinder of a third party to the arbitral proceedings shall be submitted in writing prior to the oral arguments.
Where TAC accepts the joinder of a third party to the arbitral proceedings, the constitution of the Arbitral Tribunal shall proceed in accordance with the relevant provisions of these Arbitration Rules. Where the Arbitral Tribunal decides to accept the joinder of a third party, the Arbitral Tribunal shall continue to hear the case. TAC or the Arbitral Tribunal shall inform the joining party of the arbitral proceedings that have already taken place. Any party that has not participated in the arbitrator selection procedure shall be deemed to have agreed that the arbitral proceedings already conducted are legally valid and binding upon it, without prejudice to its right to apply for the withdrawal of an arbitrator in accordance with the relevant provisions of these Arbitration Rules.
The provisions of these Arbitration Rules concerning the procedural rights, obligations, and time limits of the parties shall apply to the joining party, and its time limits shall commence from the day following its receipt of the notice of joinder to the arbitral proceedings.
Where the Arbitral Tribunal considers it necessary to join a third party under the same Arbitration Agreement as a party, and after the Tribunal has provided clarification, if the parties do not apply for such joinder, they shall bear the corresponding legal consequences.
The Claimant has the right to apply to withdraw its arbitration claims in whole or in part, and the Respondent has the right to apply to withdraw its counterclaims in whole or in part.
For an application conforming to the preceding paragraph, a decision shall be made by TAC prior to the constitution of the Arbitral Tribunal, or by the Arbitral Tribunal after its constitution.
A party that repents after withdrawing its application has the right to re-apply for arbitration.
A party may authorize representative(s) to participate in the arbitral proceedings.
The representative shall submit to TAC a Power of Attorney and identity documents. The Power of Attorney shall specify the entrusted matters and the scope of authority.
In the event of a change in the representative’s scope of authority or the termination of the agency relationship, the party shall notify TAC in writing.
Lawyers, basic-level legal service workers, close relatives or staff members of the parties, and other natural persons with full capacity for civil conduct may be authorized as representatives.
The Interim Measures referred to in this Article include preservation of property, preservation of evidence, ordering a party to take or refrain from taking certain actions, and other measures prescribed by law.
Where it may become impossible or difficult to enforce the award due to the acts of the other party or for other reasons, a party may apply for the preservation of property.
Where evidence may be destroyed or lost, or may become difficult to obtain in the future, a party may apply for the preservation of evidence.
To prevent damage to its legitimate rights and interests, a party may apply for the preservation of conduct, namely, ordering the other party to take or refrain from taking certain actions.
Where a party applies for interim measures or the lifting thereof, TAC shall forward such application to the competent court for handling in accordance with the law.
The Arbitral Tribunal shall be composed of three Arbitrators or a Sole Arbitrator. Where the Arbitral Tribunal is composed of three Arbitrators, there shall be a Presiding Arbitrator.
Upon acceptance of a case, TAC shall designate one or two staff members to act as the Secretary of the Arbitral Tribunal.
Within fifteen (15) days upon receipt of the Notice of Acceptance or the Notice of Defense, the parties shall agree on the composition of the Arbitral Tribunal and nominate the Arbitrator(s). If the parties fail to agree on the composition or nominate the Arbitrator(s) within the specified time limit, the Chairman of TAC shall determine the composition of the Arbitral Tribunal and appoint the Arbitrator(s).
Where the parties have agreed or it is determined pursuant to these Arbitration Rules that the Arbitral Tribunal shall be composed of three Arbitrators, each party shall nominate, or entrust the Chairman of TAC to appoint, one Arbitrator from the Panel of Arbitrators of TAC. The parties shall jointly nominate a Presiding Arbitrator or each nominate one to five Arbitrators as candidates for the Presiding Arbitrator. The parties may also agree that the Presiding Arbitrator shall be jointly nominated, or the candidates for the Presiding Arbitrator shall be nominated, by the respective Arbitrators nominated by the parties.
Where the parties agree that the Presiding Arbitrator shall be nominated by the respective Arbitrators nominated by them, such Arbitrators shall, within five (5) days from the date of receipt of the notice from TAC, jointly nominate the Presiding Arbitrator or each nominate candidates for the Presiding Arbitrator.
Where both parties respectively nominate candidates for the Presiding Arbitrator, the Presiding Arbitrator shall be determined in the following manner:
(1) If there is only one identical candidate, such candidate shall be the Presiding Arbitrator;
(2) If there are two or more identical candidates, the Chairman of TAC shall appoint the Presiding Arbitrator from among the identical candidates according to the ranking order or the specific circumstances of the case;
(3) If no identical candidate is generated from the respective nominations, the Chairman of TAC shall appoint the Presiding Arbitrator from outside the candidates nominated by the parties.
Where the parties have agreed or it is determined pursuant to these Arbitration Rules that the Arbitral Tribunal shall be composed of a Sole Arbitrator, the parties shall jointly nominate the Sole Arbitrator or each nominate one to five Arbitrators as candidates for the Sole Arbitrator. If the parties respectively nominate candidates for the Sole Arbitrator, the Sole Arbitrator shall be determined in accordance with the provisions of the preceding paragraph.
Where there are two or more Claimants or Respondents, they shall jointly nominate, or jointly entrust the Chairman of TAC to appoint, one Arbitrator. If they fail to make such joint nomination or entrustment within the specified time limit, the Chairman of TAC shall appoint the Arbitrator from outside the candidates nominated by the parties, unless otherwise agreed by the parties.
Subject to mutual agreement, the parties may nominate Arbitrator(s) from outside the Panel of Arbitrators of TAC.
Where the parties nominate an Arbitrator from outside the Panel of Arbitrators of TAC, they shall submit the basic information of the candidate to TAC. If the candidate meets the requirements prescribed in the Arbitration Law, the Chairman of TAC shall approve the nomination; if the candidate fails to meet such requirements, the parties shall make a new nomination.
After the composition of the Arbitral Tribunal, TAC shall notify the parties and the Arbitral Tribunal of the composition in writing, and forward the materials relating to the parties’ subjects, Authorized Representatives, and other case files to the Arbitral Tribunal.
An Arbitrator who accepts the nomination or appointment shall sign a statement of independence and impartiality.
If an Arbitrator becomes aware of any circumstances that may give rise to justifiable doubts as to his/her independence or impartiality, he/she shall immediately disclose such circumstances in writing.
Upon receipt of the Arbitrator’s written disclosure, TAC shall forward it to both parties.
If the disclosed circumstances fall within the grounds for mandatory withdrawal specified in these Arbitration Rules, the Arbitrator shall simultaneously submit a written request for withdrawal to TAC.
An Arbitrator must withdraw, and a party also has the right to challenge the Arbitrator, under any of the following circumstances:
(1) The Arbitrator is a party to the case, an Authorized Representative, or a close relative of a party or an Authorized Representative;
(2) The Arbitrator has a vested interest in the case;
(3) The Arbitrator has other relationships with a party or an Authorized Representative that may affect the impartial rendering of the award;
(4) The Arbitrator privately meets with a party or an Authorized Representative, or accepts favors from a party or an Authorized Representative.
“Other relationships” referred to in Item (3) of the preceding paragraph include but are not limited to the following circumstances:
(1) Having provided prior consultation to a party;
(2) Serving as a legal counsel or other advisor to a party, or where less than two years have elapsed since the termination of such legal counsel, advisory, or agency relationship with a party;
(3) Working in the same entity as a party or an Authorized Representative, or having previously worked in the same entity and less than two years have elapsed since departure.
The challenge and withdrawal of the Secretary, translators/interpreters, appraisers, etc., shall be handled by reference to the provisions of the preceding paragraphs.
A party shall apply for a challenge based on the circumstances disclosed by the Arbitrator within ten (10) days upon receipt of the Arbitrator’s written disclosure.
Where a party raises a challenge on grounds other than those disclosed by the Arbitrator, the application shall be submitted in writing with supporting evidence prior to the first oral hearing. If the cause for the challenge becomes known after the first oral hearing, the application shall be raised before the conclusion of the final oral hearing.
The Chairman of TAC shall decide on the challenge of Arbitrators, the Secretary, translators/interpreters, appraisers, etc. Where the Chairman of TAC serves as an Arbitrator, the decision on his/her challenge shall be made collectively by the other members of the Commission.
Prior to the decision on the challenge, the challenged personnel shall suspend their participation in the proceedings of the case.
TAC shall replace an Arbitrator under any of the following circumstances:
(1) The Arbitrator is unable to perform his/her duties due to business travel, going abroad, illness, or other reasons;
(2) The Arbitrator fails to perform his/her duties in accordance with the relevant laws and these Arbitration Rules;
(3) Both parties request or agree that the Arbitrator withdraw from the Arbitral Tribunal.
The replacement of an Arbitrator pursuant to Items (1) and (2) of the preceding paragraph shall be decided by the Chairman of TAC, who may seek the opinions of both parties and the Arbitrator.
Where an Arbitrator withdraws from the Arbitral Tribunal due to a challenge, replacement, or other reasons, the parties shall be notified to nominate a substitute Arbitrator, or the Chairman of TAC shall appoint a substitute Arbitrator, in accordance with the procedures stipulated in these Arbitration Rules.
After the substitute Arbitrator is nominated or appointed, a party may request that the previous arbitral proceedings be repeated, and the Arbitral Tribunal shall decide whether to approve such request. The Arbitral Tribunal may also decide on its own motion whether to repeat the previous arbitral proceedings. If the Arbitral Tribunal decides to repeat the arbitral proceedings in their entirety, the time limit for rendering the award shall be recalculated from the date the Arbitral Tribunal is re-constituted.
Evidence includes statements of the Parties, documentary evidence, physical evidence, audiovisual materials, electronic data, witness testimonies, expert opinions, and other evidence.
A Party shall bear the burden of proof for its claims, unless otherwise provided by law.
If a Party bearing the burden of proof fails to submit evidence within the specified time limit or if the evidence submitted is insufficient to prove its claims, it shall bear the adverse consequences.
Where there is evidence proving that a Party in possession of evidence refuses to produce such evidence without justifiable reasons, and if the other Party claims that the content of such evidence is adverse to the possessor, such claim may be presumed to be established.
TAC and the Arbitral Tribunal have the right to require the Parties to submit evidence within a specified time limit, and the Parties shall comply accordingly. Where evidence is submitted beyond the time limit, the Arbitral Tribunal has the right to refuse to accept it, unless otherwise agreed by the Parties or deemed necessary by the Arbitral Tribunal.
If a Party genuinely has difficulty submitting evidence within the time limit, it shall apply in writing to the Arbitral Tribunal for an extension before the expiration of said time limit; the Arbitral Tribunal shall decide whether to grant the extension.
Evidence submitted by a Party shall be bound, numbered, and paginated, accompanied by a list of evidence briefly stating the name, source, content, and purpose of the evidence. It shall also be signed or sealed and dated.
The Arbitral Tribunal may collect evidence on its own initiative if it deems it necessary. When necessary, the Arbitral Tribunal may notify the Parties to be present; the absence of the Parties shall not affect the Arbitral Tribunal’s collection of evidence.
Evidence shall be presented at the hearing and examined by the Parties, unless otherwise agreed by the Parties.
For cases examined on the basis of documents, the Parties shall submit written examination opinions within the time limit specified by the Arbitral Tribunal.
Evidence collected by the Arbitral Tribunal on its own initiative shall be subject to examination.
If a Party applies for a witness to testify at the hearing, it shall submit an application for witness testimony within the time limit for producing evidence.
A Party’s application for a witness to testify shall be subject to the consent of the Arbitral Tribunal. The Arbitral Tribunal and the Parties may question the witness on relevant matters. The witness shall answer truthfully and make an undertaking as to the veracity of the testimony.
If a Party applies for an expert evaluation on specialized issues and the Arbitral Tribunal agrees, or if the Arbitral Tribunal deems it necessary to conduct an expert evaluation on specialized issues, such evaluation shall be conducted.
With the consent of the Arbitral Tribunal, a Party may apply for one or two persons with specialized knowledge to appear at the hearing to explain specialized issues of the case. The relevant costs shall be paid by the applying Party within the time limit specified by the Arbitral Tribunal.
Arbitrators and the Parties may question the persons with specialized knowledge. With the permission of the Arbitral Tribunal, such persons may debate relevant issues of the case. Such persons may also question the evaluation experts.
The Parties may apply for expert determination on specialized issues involved in the case. The procedures for expert determination on specialized issues shall be formulated separately by TAC.
Evidence shall be assessed and determined by the Arbitral Tribunal; whether to adopt expert opinions and the opinions of expert assistants shall be decided by the Arbitral Tribunal.
When determining evidence or deciding whether to adopt expert opinions and the opinions of expert assistants, in addition to complying with relevant laws and regulations, the Arbitral Tribunal may also take into consideration industry practices, trade usages, and the specific circumstances of the case comprehensively.
The Arbitral Tribunal shall hold an oral hearing to examine the case, unless the Parties agree otherwise or the Arbitral Tribunal deems an oral hearing unnecessary and the Parties so agree.
For cases where no oral hearing is held, the Arbitral Tribunal shall render an award based on the Application for Arbitration, Statement of Defense, evidential materials, and other documents submitted by the Parties.
The modalities of hearing by the Arbitral Tribunal include in-person hearing and virtual hearing. A virtual hearing refers to a hearing in which one or all Parties participate via an information network platform.
The Arbitral Tribunal has the right to decide the specific modality of the hearing based on the circumstances of the case, unless the Parties agree otherwise or one Party explicitly objects to a virtual hearing.
Arbitral hearings shall be held in camera. If the Parties agree to an open hearing, the hearing may be held publicly, except where state secrets, third-party commercial secrets, or personal information unsuitable for disclosure are involved.
Arbitrators and other participants in the arbitration shall not disclose to outsiders any information relating to the substantive or procedural matters of the case.
In-person hearings shall be held at the domicile of TAC, its sub-commissions, or other branches. If the Parties have agreed otherwise on the place of the hearing, the hearing may be held at the agreed place subject to the consent of TAC. Any additional costs incurred thereby shall be borne by the Parties.
For cases scheduled for an oral hearing, the Arbitral Tribunal shall notify the Parties and other arbitration participants in writing of the date and place of the hearing at least seven (7) days prior to the first hearing.
If a Party requests to advance or postpone the first hearing, it shall submit a written request at least 3 days prior to the hearing; the Arbitral Tribunal shall decide whether to grant the request.
Where the Arbitral Tribunal decides to advance or postpone the hearing, or for any subsequent hearings following the first hearing, the notice of hearing shall not be subject to the time limit stipulated in the first paragraph of this Article.
If the Claimant, having been duly notified, fails to appear at the hearing without justifiable reasons, or withdraws from the hearing halfway without the permission of the Arbitral Tribunal, it shall be deemed to have withdrawn its Application for Arbitration; if the Respondent has filed a counterclaim, the Arbitral Tribunal may proceed with the hearing in default and render an award.
If the Respondent, having been duly notified, fails to appear at the hearing without justifiable reasons, or withdraws from the hearing halfway without the permission of the Arbitral Tribunal, the Arbitral Tribunal may proceed with the hearing in default and render an award; if the Respondent has filed a counterclaim, it shall be deemed to have withdrawn its counterclaim.
Two or more cases of the same nature involving the same Claimant or Respondent may be heard concurrently by the same Arbitral Tribunal.
For two or more arbitrations involving targets of the same nature or related targets, upon the application of one Party and the consent of the other Parties, or upon the unanimous application of all Parties, TAC may, depending on the progress of the cases, decide to consolidate two or more related cases that have entered the arbitration proceedings into a single arbitration. This does not apply if the Arbitral Tribunals have already been constituted for both cases and the compositions of the Arbitral Tribunals are different.
Unless otherwise agreed by the Parties or decided by TAC, the consolidated arbitration shall be merged into the arbitration proceeding that commenced first.
Where an arbitration proceeding that commenced later and for which the Arbitral Tribunal has already been constituted is consolidated into an arbitration proceeding that commenced earlier but for which the Arbitral Tribunal has not yet been constituted, the Arbitral Tribunal of the later-commenced case shall hear the consolidated arbitration.
The Parties have the right to debate during the arbitration proceedings. At the end of the debate procedure, the presiding arbitrator or the sole arbitrator shall solicit the final statements of the Parties.
The arbitration proceedings shall be suspended under any of the following circumstances:
(1) A natural person Party dies, and it is necessary to wait for an heir to proceed with the arbitration proceedings;
(2) A legal person or unincorporated organization Party is terminated or faces similar circumstances, and the successor of its rights and obligations has not yet been determined;
(3) A Party is unable to participate in the arbitration due to force majeure;
(4) The arbitration must be based on the outcome of another case, which has not yet been concluded;
(5) The Parties jointly apply for suspension, or one Party applies for suspension with the consent of the other Party;
(6) Other circumstances where the proceedings should be suspended.
If the cause for suspension occurs before the constitution of the Arbitral Tribunal, the decision shall be made by TAC; if it occurs after the constitution of the Arbitral Tribunal, the decision shall be made by the Arbitral Tribunal. Upon the elimination of the cause for suspension, TAC or the Arbitral Tribunal shall decide to resume the arbitration proceedings.
The recording personnel of the Arbitral Tribunal shall make a written record of the hearing.
The record shall be signed by the Parties, authorized representatives, other arbitration participants, arbitrators, and the recording personnel.
If a Party, authorized representative, or other arbitration participant believes there is an omission or error in the record, it has the right to apply for a correction. If the Arbitral Tribunal refuses to make the correction, the secretary shall record the application.
The Arbitral Tribunal may make an audio or video recording of the hearing.
The hearing records, audio, and video recordings of TAC shall not be made public.
The Arbitral Tribunal shall render an award, mediation settlement, or decision within four (4) months from its constitution. If the Arbitral Tribunal applies for an extension, such time limit may be appropriately extended subject to the approval of the President of TAC.
The time limit stipulated in the preceding paragraph shall not include the period for determining the validity of the Arbitration Agreement, expert evaluation, the Parties’ request for private settlement, postponement of the hearing, or suspension of the proceedings.
Chapter VIII Award, Decision and Mediation
The Award shall be made by a majority of the arbitrators. Where the Arbitral Tribunal fails to reach a majority opinion, the Award shall be made in accordance with the opinion of the Presiding Arbitrator.
The Award shall be signed by the arbitrator(s) and affixed with the seal of TAC.
An arbitrator holding a dissenting opinion may or may not sign the Award.
An arbitrator who holds a dissenting opinion and chooses not to sign the Award shall issue a written opinion to be kept on file by TAC; such written opinion shall not form part of the Award.
Upon the application of the dissenting arbitrator, TAC may serve the written opinion referred to in the preceding paragraph upon the parties together with the Award.
The Award shall state the Arbitration Claim(s), the facts of the dispute, the reasons upon which the Award is based, the operative part of the Award, the allocation of arbitration costs, the date of the Award, and the Seat of Arbitration.
Where the parties have agreed that the facts of the dispute and the reasons for the Award shall not be stated in the Award, such contents may be omitted.
The Award shall become legally effective as of the date it is made.
The Award rendered by TAC is final and binding.
The allocation of arbitration fees, public notice fees, preservation fees, appraisal fees, and other relevant costs shall be determined by the Arbitral Tribunal, taking into comprehensive consideration the determination of liabilities, the proportion of supported Arbitration Claims, and other factors, unless otherwise agreed by the parties.
Upon the request of a party, the Arbitral Tribunal may order one party to compensate the other party for reasonable expenses incurred in handling the case, taking into comprehensive consideration the determination of liabilities, the proportion of supported claims, the complexity of the dispute, the necessity of exercising procedural rights, the workload of the Authorized Representatives, the amount in dispute, and the submission of evidence relating to the incurred expenses.
The reasonable expenses referred to in the preceding paragraph include, but are not limited to, attorney’s fees, travel expenses, notarization fees, and preservation insurance premiums.
Where the Respondent, by raising a Counterclaim, claims the reasonable expenses incurred by its Authorized Representatives in defending against the original claim and provides relevant evidence, the Arbitral Tribunal may, at its discretion, uphold such claim by taking into account the extent to which the original claim is supported, unless otherwise agreed by the parties.
Where the Arbitral Tribunal deems it necessary, it may, prior to rendering the final Award, make a Partial Award on the issues for which the facts have been clarified. Failure of a party to perform the Partial Award shall not affect the continuation of the arbitration proceedings.
A party may also apply to the Arbitral Tribunal for a Partial Award on the issues for which the facts have been clarified.
A Partial Award is an integral part of the final Award and shall have legal effect.
TAC shall make a Decision in writing on any of the following procedural matters:
(1) determining the validity of the Arbitration Agreement;
(2) deciding on the withdrawal of an arbitrator;
(3) suspending or resuming the arbitration proceedings;
(4) dismissing the Application for Arbitration;
(5) accepting the withdrawal of the Application for Arbitration;
(6) other matters.
Where procedural matters other than item (2) of the preceding paragraph arise after the formation of the Arbitral Tribunal, the Arbitral Tribunal shall make the Decision.
Where the Arbitral Tribunal makes a Decision, the relevant provisions of Article 68 of these Rules shall apply.
A Decision shall become legally effective as of the date it is made.
Where the Parties reach a settlement by themselves, they may request the Arbitral Tribunal to render an Arbitral Award based on the contents of the settlement agreement, or they may withdraw the Application for Arbitration.
Where the Arbitral Tribunal renders an Arbitral Award based on the settlement, it shall examine the legality of the contents of the settlement agreement.
Prior to rendering an Arbitral Award, the Arbitral Tribunal may conduct mediation first. Where the Parties volunteer for mediation, the Arbitral Tribunal shall mediate the dispute. If mediation fails, the Arbitral Tribunal shall render an Arbitral Award in a timely manner.
Where a settlement agreement is reached through mediation, the Arbitral Tribunal shall issue a Mediation Document or render an Arbitral Award based on the outcome of the agreement.
If mediation fails, any statement, opinion, view, or proposal made by a Party or the Arbitral Tribunal during the mediation process shall not be invoked by the other Party as grounds for any claim, Statement of Defense, or counterclaim in subsequent arbitration proceedings, and the Arbitral Tribunal shall not admit such invocations.
Subject to the agreement of the Parties or with their consent, the Arbitral Tribunal may propose a settlement plan for the dispute.
Where the Parties accept the said proposal, the Arbitral Tribunal may issue a Mediation Document, or render an Arbitral Award at the request of the Parties.
Where the Parties apply to the TAC for arbitral confirmation based on a mediation agreement or a settlement agreement, the relevant provisions of the TAC shall apply.
The TAC or the Arbitral Tribunal has the power to require the Parties to make a declaration, guaranteeing the legality and authenticity of the settlement or mediation agreement and related transactions, and undertaking not to infringe upon the interests of any third party or violate public order and good morals.
Where the Arbitral Tribunal has reasonable doubts regarding the legality or authenticity of the settlement or mediation agreement, and considers that rendering an Arbitral Award or Mediation Document based on the contents of such agreement may impair the interests of a third party or violate public order and good morals, it shall reject the Parties’ request to render an Arbitral Award or Mediation Document in accordance with the contents of the settlement or mediation agreement.
The Mediation Document or Arbitral Award shall specify the arbitration claims and the results of the agreement between the Parties. It shall be signed by the arbitrator(s), affixed with the seal of the TAC, and served on both Parties.
The Mediation Document shall become legally effective upon being signed for receipt by both Parties.
If a Party repudiates the settlement before signing for receipt of the Mediation Document, the Arbitral Tribunal shall render an Arbitral Award in a timely manner.
The Arbitral Tribunal shall correct any clerical or calculation errors in a legally effective Arbitral Award, Mediation Document, or Decision; it shall render an Additional Award on matters omitted from the Arbitral Award.
Where a Party requests the Arbitral Tribunal to correct an Arbitral Award, Mediation Document, or Decision, or to render an Additional Award regarding an Arbitral Award, it shall submit a written application within thirty (30) days from the date of receipt of the Arbitral Award, Mediation Document, or Decision.
The Additional Award or document of correction shall form an integral part of the Arbitral Award, Mediation Document, or Decision.
Upon examination, if the Arbitral Tribunal considers that in the dispute submitted for arbitration, a Party has unilaterally fabricated basic facts, or the Parties have colluded in bad faith to attempt to infringe upon state or public interests, or the lawful rights and interests of others through arbitration proceedings, it shall dismiss the arbitration claims.
The Parties shall voluntarily perform their obligations within the time limit specified in the Arbitral Award or Mediation Document.
If one Party fails to perform its obligations specified in the Arbitral Award or Mediation Document, the other Party may apply to a competent court for enforcement.
Where a Party considers that the Arbitral Award falls under any of the circumstances specified in the relevant provisions of the Arbitration Law, it may apply to a competent People’s Court to set aside the award within three (3) months from the date of receipt of the Arbitral Award.
Upon receiving a notice from a People’s Court for re-arbitration, if the Arbitral Tribunal considers that re-arbitration is warranted, it shall conduct the re-arbitration; if it considers that re-arbitration is not warranted, it shall submit its written opinions to the TAC, which shall then notify the People’s Court.
The re-arbitrated case shall be heard by the original Arbitral Tribunal. If any member of the Arbitral Tribunal is unable to perform his/her duties due to withdrawal, voluntary resignation, or other specific reasons, or if both Parties mutually request a replacement of the Arbitral Tribunal, a new Arbitral Tribunal shall be formed for the re-arbitration.
Chapter IX Expedited Procedure
Where the amount in dispute does not exceed RMB 1 million, the expedited arbitration procedure (hereinafter referred to as the “Expedited Procedure”) shall apply, unless TAC considers the case to be complex or the parties agree otherwise.
Where the amount in dispute exceeds RMB 1 million due to an amendment to the claim or the submission of a counterclaim, the Expedited Procedure shall continue to apply, unless the parties agree otherwise.
If a party considers that the Expedited Procedure is not appropriate for the case, it may submit a written application to change to the ordinary arbitration procedure (the “Ordinary Procedure”). TAC shall decide whether to approve such application.
After the formation of the Arbitral Tribunal, if the Arbitral Tribunal considers that the Expedited Procedure is not appropriate, it may submit a written request to TAC for the application of the Ordinary Procedure.
Where the Expedited Procedure applies, the case shall be heard by a Sole Arbitrator forming the Arbitral Tribunal.
Within ten (10) days from the date of receipt of the Notice of Acceptance or the Notice of Defense, the parties shall jointly nominate, or entrust the Chairman of TAC to appoint, the Sole Arbitrator.
For a case to be heard orally, the Arbitral Tribunal shall notify the parties and other arbitration participants of the formation of the Arbitral Tribunal, as well as the date and place of the first oral hearing, at least three (3) days in advance.
Before the first oral hearing, any party requesting an advancement or postponement of the hearing shall submit a written application at least one (1) day in advance. The Arbitral Tribunal shall decide whether to approve the application.
Where the Arbitral Tribunal decides to advance or postpone the hearing, or where subsequent hearings are held after the first oral hearing, the notice of hearing shall not be subject to the time limit specified in the first paragraph of this Article.
The Arbitral Tribunal shall render an arbitral award within fifty (50) days from the date of its formation.
At the request of the Arbitral Tribunal, the Chairman of TAC may appropriately extend this time limit if it is approved.
Where the Expedited Procedure is changed to the Ordinary Procedure, the parties shall, within fifteen (15) days, nominate or entrust the Chairman of TAC to appoint their respective arbitrators. The original Sole Arbitrator shall serve as the Presiding Arbitrator, unless the parties agree otherwise.
Where the parties agree by consensus to change the Ordinary Procedure to the Expedited Procedure, the Presiding Arbitrator shall serve as the Sole Arbitrator, unless the parties agree otherwise.
After the Arbitral Tribunal is re-formed, a party may request that the previous arbitration proceedings be repeated. The Arbitral Tribunal shall decide whether to approve such request; the Arbitral Tribunal may also decide on its own initiative whether to repeat the previous arbitration proceedings.
For matters not covered in this Chapter, other relevant provisions of these Rules shall apply.
Chapter X Special Provisions for International Commercial Arbitration
(1) Unless otherwise agreed by the parties, the provisions of this Chapter shall apply to international commercial cases;
(2) The provisions of this Chapter shall apply to cases involving the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the Taiwan region;
(3) Where there is a dispute between the parties as to whether a case involves international elements, TAC shall make a decision prior to the formation of the Arbitral Tribunal, or the Arbitral Tribunal shall make a decision after its formation. The provisions of this Chapter shall apply from the date when TAC or the Arbitral Tribunal decides that the case is an international commercial case.
Within forty-five (45) days from the date of receipt of the Notice of Defense, the Respondent shall submit its Statement of Defense and evidentiary materials.
Within forty-five (45) days from the date of receipt of the application for Amendment to the Claim, the application for Counterclaim, or the application for Amendment to the Counterclaim, along with the Notice of Defense, the responding party shall submit its Statement of Defense thereto.
Within thirty (30) days from the date of receipt of the Notice of Acceptance or the Notice of Defense, the parties shall agree on the method of forming the Arbitral Tribunal and nominate their arbitrators.
For a case to be heard orally, the Arbitral Tribunal shall notify the parties and other arbitration participants in writing of the date and place of the first oral hearing at least 30 days in advance.
Before the first oral hearing, any party requesting an advancement or postponement of the hearing shall submit a written application at least 10 days in advance. The Arbitral Tribunal shall decide whether to approve the application.
Where the Arbitral Tribunal decides to advance or postpone the hearing, or where subsequent hearings are held after the first oral hearing, the notice of hearing shall not be subject to the time limit specified in the first paragraph of this Article.
The Arbitral Tribunal shall render an arbitral award within six (6) months from the date of its formation.
At the request of the Arbitral Tribunal, the Chairman of TAC may appropriately extend this time limit if it is approved.
The parties may agree on the Seat of Arbitration. Where the parties have not agreed on the Seat of Arbitration or the agreement is ambiguous, and they have agreed to apply these Arbitration Rules, the domicile of TAC shall be the Seat of Arbitration.
Where the parties have agreed to apply other arbitration rules that are silent on the Seat of Arbitration, the Arbitral Tribunal may determine the Seat of Arbitration based on the circumstances of the case and the principle of facilitating the resolution of the dispute.
The Arbitral Tribunal shall decide the dispute in accordance with the law chosen by the parties. Unless otherwise agreed by the parties, the chosen law refers to the Substantive Law.
Failing such choice by the parties, the Arbitral Tribunal shall apply the law with the closest connection to the subject matter of the dispute.
Where a party fails to perform the arbitral award, the other party may apply for enforcement to a competent People’s Court of China in accordance with Chinese law, or apply for recognition and enforcement to a competent foreign court pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) or other international treaties concluded or acceded to by China.
In the circumstances of Ad Hoc Arbitration stipulated by the Arbitration Law, TAC may provide relevant arbitration services upon the application of the parties.
In accordance with the law applicable to the arbitration proceedings and upon the application of a party, the Arbitral Tribunal may decide to grant Interim Measures it considers necessary or appropriate. Such Interim Measures may take the form of a decision, an order, an interlocutory award, or any other form. The Arbitral Tribunal shall have the power to require the requesting party to provide appropriate security. After the aforementioned Interim Measures have been granted, upon the application of a party, the Arbitral Tribunal may, if it deems truly necessary, decide to modify, suspend, or lift the Interim Measures.
Prior to the formation of the Arbitral Tribunal, a party seeking urgent interim relief may apply for relief through the Emergency Arbitrator Procedure in accordance with the relevant provisions of these Rules.
Where permitted by the law applicable to the arbitration proceedings, at any time after the commencement of the arbitration proceedings and prior to the formation of the Arbitral Tribunal, a party in need of urgent Interim Measures may apply to TAC for the appointment of an Emergency Arbitrator. TAC shall decide whether to approve such application.
A party applying for the Emergency Arbitrator Procedure shall submit a written application. The written application shall include the following:
(1) The names, addresses, and telephone numbers of the parties involved and their Authorized Representatives;
(2) The specific Interim Measures sought and the reasons thereof;
(3) Comments on the seat, language, and applicable law of the Emergency Arbitrator Procedure.
If TAC decides that the Emergency Arbitrator Procedure shall apply, it shall appoint an Emergency Arbitrator within 2 days after receipt of the application and the advance payment of the Emergency Arbitrator’s fee in accordance with relevant regulations, and notify all parties of the appointment. TAC shall forward the Application and relevant materials submitted by the applicant to the Respondent.
Matters regarding the disclosure and challenge of an Emergency Arbitrator shall be handled by reference to the relevant provisions of these Rules.
Any party challenging an Emergency Arbitrator on the basis of the facts disclosed by the Emergency Arbitrator shall submit a written challenge within 2 days after receipt of the written disclosure. Failure to apply for a challenge within the time limit shall preclude the party from challenging the Emergency Arbitrator on the basis of the disclosed facts.
Unless otherwise agreed by the parties, the Emergency Arbitrator shall not act as an arbitrator in the case related to the Interim Measures.
The Emergency Arbitrator shall have the power to examine the application for Interim Measures in any manner he/she considers appropriate, provided that all parties are given a reasonable opportunity to present their cases.
The Emergency Arbitrator shall make a relevant decision with reasons within fifteen (15) days from the date of appointment. The parties shall comply with the relevant decision made by the Emergency Arbitrator.
Any party objecting to the relevant decision made by the Emergency Arbitrator shall have the right to apply to the Emergency Arbitrator for a modification, suspension, or revocation of the decision within three (3) days from the date of receipt of such decision. The Emergency Arbitrator shall decide whether to approve the application.
Upon its formation, the Arbitral Tribunal may modify, suspend, or revoke the relevant decision made by the Emergency Arbitrator.
For matters not covered in this Chapter, other relevant provisions of these Rules shall apply.
Chapter XI Service and Time Limits
TAC shall, according to the specific circumstances of the case, decide to serve arbitration documents, materials, and other related items on the Parties by direct service, mail, electronic service, public notice, or any other lawful means. Any special agreement by the Parties on the method of service shall prevail.
TAC shall determine the following addresses as the Party’s address for service:
(1) The address for arbitration service agreed upon by the Parties;
(2) The address for service confirmed in writing by the Party itself when applying for arbitration or during the arbitral proceedings;
(3) Where the Parties have neither agreed upon nor confirmed an address for service with TAC, the following addresses shall be determined as the address for service:
1) The registered domicile or habitual residence of a natural person;
2) The registered domicile or place of business of a legal person or unincorporated organization registered with the registration authority or otherwise registered or filed in accordance with the law; or the representative office, branch, or business office lawfully established within the territory of the People’s Republic of China by a foreign legal person or unincorporated organization;
3) Where the Party is a foreign legal person or other organization, if its legal representative or principal person in charge is within the territory of the People’s Republic of China, the contact address of such legal representative or principal person in charge;
4) The contact address for correspondence between the Parties as stipulated in the contract.
Direct service shall be signed for receipt by the Party. Where the Party is a natural person, he/she shall sign for receipt in person; if he/she is absent, an adult relative living with him/her may sign for receipt. Where the Party is a legal person or other unincorporated organization, the legal representative, the principal person in charge, the staff member responsible for receiving and dispatching correspondence, or other authorized personnel may sign for receipt. Where the Party has designated an agent for receipt to TAC, such agent may sign for receipt.
The date of signature for receipt on the return of service by the persons specified in the preceding paragraph shall be the date of service.
Where the Party or an adult relative living with him/her refuses to accept the arbitration documents or materials served directly, service by placement may be applied. The person serving the documents may invite representatives from relevant grassroots organizations or the addressee’s employer to be present to explain the situation. The reason for and the date of refusal shall be recorded on the return of service, signed or sealed by the person serving the documents and the witness(es), and the arbitration documents shall be left at the addressee’s domicile, which shall be deemed as service. If the witness refuses to sign or seal the return of service, the date on which the person serving the documents signs or seals the return of service shall be the date of service.
Where documents are sent via China Post Express Mail Service (EMS) to the address for service specified in Article 107 of these Rules, the date of receipt noted on the return receipt or the express mail inquiry record shall be the date of service.
Where service cannot be effected by direct, postal, or electronic service, the Party may opt for notarized service. For notarized service, notary personnel shall be invited to be present. The person serving the documents and the notary personnel shall leave the arbitration documents, materials, and other related items at the Party’s domicile, which shall constitute service, and the date certified in the notarial certificate shall be the date of service. In the case of notarized service, the Claimant shall pay the notary fees in advance.
Where the Party is a member of the military, service shall be forwarded through the political organ of their unit at or above the regiment level; where the Party is imprisoned, service shall be forwarded through the prison or detention facility where they are held; where the Party is subject to mandatory measures, service shall be forwarded through the institution enforcing such measures. The date on which the addressee signs or seals the return of service shall be the date of service.
Where the addressee is located outside this municipality, another arbitration institution may be entrusted to effect service.
For service in accordance with the preceding paragraph, TAC shall issue a letter of entrustment and a return receipt, accompanied by the arbitration documents, materials, and return of service to be served. The date on which the addressee signs or seals the return of service shall be the date of service.
Where, as agreed by the Parties or with the consent of the Parties, arbitration documents, materials, or notices are transmitted to the electronic address for service agreed upon or confirmed by the Party, such transmission shall constitute service.
Where service cannot be effected by the methods of service stipulated in these Rules, a Party may apply for service by public notice. The Party applying for service by public notice shall pay the publication fees in advance.
Although the exact information regarding the Party’s receipt of the arbitration documents and relevant materials served by TAC cannot be ascertained, service shall be deemed to have been effected under any of the following circumstances:
(1) The Party has mentioned the content of the served arbitration documents or materials in written materials submitted to TAC;
(2) The Party has performed obligations or exercised rights in accordance with the content of the served arbitration documents or materials;
(3) The Party or its designated agent for receipt refuses to sign for receipt, or the mailing is returned because the address for service provided by the Party is inaccurate or the Party fails to promptly notify TAC of a change in the address for service;
(4) The transmission fails because the electronic mail address agreed upon or provided by the Party is incorrect or has been canceled;
(5) After reasonable inquiries by the Claimant, TAC delivers the documents by mail or any other means that provides a record of delivery to the addressee’s last known place of business, place of registration, residence, ID card address, registered domicile, address for service agreed upon by the Parties, or other communication address;
(6) Where the Party opts for service by public notice, 30 days have elapsed since the date of publication;
(7) Other circumstances where service can be deemed to have been effected.
Where the Party can prove that it is not at fault during the service of arbitration documents, Items (3), (4), and (5) of the preceding paragraph shall not apply.
Time limits shall be calculated in hours, days, months, and years.
The time limits stipulated in these Rules shall commence from the day following the date on which the Party receives or should have received the arbitration documents sent by TAC.
If the last day of a time limit falls on a statutory holiday in China, the first day following the holiday shall be the date of expiration of the time limit.
The time limits referred to in these Rules shall not include the time in transit for delivery by direct service, mail, or other lawful means. Arbitration documents and materials shall not be deemed overdue if they are mailed or dispatched before the expiration of the time limit.
Where a Party is delayed in meeting a time limit due to Force Majeure or other justified reasons, it may apply for an extension within ten (10) days after the impediment is removed; whether to grant such application shall be decided by TAC or the Arbitral Tribunal.
Chapter XII Supplementary Provisions
For matters not covered by the rules of evidence applicable to the hearing of cases by the Arbitral Tribunal, the relevant regulations on evidence formulated by TAC shall apply.
The term “time limit” as used in these Arbitration Rules refers to the time to be observed by the participants in the arbitration, individually or jointly, for completing arbitration activities.
The term “period” as used in these Arbitration Rules refers to the span of time elapsed from one specific point to another specific point within a time limit.
Where the law provides for a limitation period for arbitration, such provisions shall prevail; where the law does not provide for a limitation period for arbitration, the provisions on the limitation period for litigation shall apply.
The language of arbitration of TAC shall be Chinese. Where the parties have agreed otherwise, their agreement shall prevail. The Arbitral Tribunal may, taking into account the circumstances of the case, determine another language as the language of arbitration.
During the hearings of the Arbitral Tribunal, if any party or its Authorized Representatives requires interpretation or translation services, they may request TAC to provide such services, and the corresponding costs shall be borne by such party.
Where the parties agree to apply the specialized rules of TAC, such specialized rules shall apply.
Where the specialized rules of TAC are inconsistent with these Arbitration Rules, the specialized rules shall prevail. For matters not covered by the specialized rules, these Arbitration Rules shall apply.
The Chinese, English, and other language versions of these Arbitration Rules are all official versions. In the event of any discrepancy or ambiguity among the different language versions, the Chinese version shall prevail.
The power to interpret these Arbitration Rules is vested in TAC.
Subject to the consent of the parties or in accordance with the provisions of relevant international treaties, TAC accepts international investment dispute arbitration cases between international investors and host states.
Where the parties submit the international investment disputes provided in the preceding paragraph to TAC for arbitration, and fail to reach a unanimous agreement on the application of arbitration rules, TAC shall have the power to administer the case in accordance with the UNCITRAL Arbitration Rules and relevant procedural guidelines.
For arbitration applications submitted on or after the effective date of these Arbitration Rules, these Arbitration Rules shall apply. For arbitration applications submitted prior to the effective date of these Arbitration Rules, the rules in force at the time of application shall apply; where the rules in force at that time do not cover a specific matter, the relevant provisions of these Arbitration Rules may apply.
These Arbitration Rules shall come into force as of June 1, 2026.