Lloyd's Maritime and Commercial Law Quarterly
MARITIME ARBITRATION IN THE PEOPLE’S REPUBLIC OF CHINA
Clement Shum*
Introduction
There are three types of arbitration in the People’s Republic of China (PRC), namely, domestic arbitration for economic contracts, international economic and trade arbitration, and maritime arbitration. Domestic arbitration for economic contracts is governed by the Regulations on Arbitration for Economic Contracts of the PRC promulgated by the State Council in August 1983. International economic and trade arbitration is governed by the Rules of Arbitration of the China International Economic and Trade Arbitration (CIETA) of the China Council for the Promotion of International Trade (CCPIT).1
On 21 November 1958, the State Council decided to establish within the CCPIT a Maritime Arbitration Commission (MAC) to settle:
- (a) disputes regarding the remuneration for salvage services rendered by sea-going vessels to each other or by a sea-going vessel to a river craft and vice versa;
- (b) disputes arising from collisions between sea-going vessels or between sea-going vessels and river craft or from damages caused by sea-going vessels to harbour structures or installations; and
- (c) disputes arising from chartering sea-going vessels, agency services rendered to sea-going vessels, carriage by sea by virtue of contracts of affreightment, bills of lading or other shipping documents, as well as disputes arising from marine insurance.
The State Council also empowered the CCPIT to make rules concerning the procedure of arbitration. In 1959 the MAC promulgated the Provisional Rules of Procedure of the MAC of the CCPIT (the Provisional Rules). The Provisional Rules contained provisions on arbitration application, arbitration agreement, appointment of arbitrators, formation of arbitration tribunal, arbitration proceedings, and enforcement of arbitration awards. The MAC was composed of 67 members, including the chairman, five vice-chairmen, one secretary-general and one deputy secretary-general. The commission members are specialists in maritime law or other related fields. The MAC maintained contact with maritime arbitration agencies and maritime arbitrators’ associations of many countries. With the approval of the State Council, the MAC was renamed as the China Maritime Arbitration Commission (CMAC) on 21 June 1988. The CCPIT at its meeting on 12 September
* Head, Department of Human Resources Management, Hong Kong Baptist College.
1. Adopted on 12 September 1988 at the Third Session of the First Commission of the CCPIT, effective on 1 January 1989.
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