China International Economic and Trade Arbitration Commission Construction Dispute Review Rules | | 建设工程争议评审规则 |
| （Adopted by the China Council for the Promotion of International Trade/China Chamber of International Commerce on November 4, 2014. Effective for implementation from January 1, 2015） | | （2014年11月4日中国国际贸易促进委员会/中国国际商会修订并批准，自2015年1月1日起施行） |
| Table of Contents | | 目录 |
| Chapter 1 General Provisions | | 第一章 总则 |
| Chapter 2 The Dispute Board | | 第二章 评审组 |
| Chapter 3 The Review Proceedings | | 第三章 评审程序 |
| Chapter 4 Special Provisions for the ad hoc Dispute Board | | 第四章 临时评审组的特别规定 |
| Chapter 5 Fees and Expenses | | 第五章 报酬和费用 |
| Chapter 6 Supplementary Provisions | | 第六章 附则 |
| Chapter 1 General Provisions | | 第一章 总 则 |
| Article 1 These Rules are formulated by the China International Economic and Trade Arbitration Commission (hereinafter referred to as the “CIETAC”, also known as the “Arbitration Institute of the China Chamber of International Commerce”) to allow parties to prevent, reduce and promptly resolve construction disputes by means of dispute review. | | 第一条 为便于当事人采用争议评审方式预防、减少和及时解决建设工程争议，中国国际经济贸易仲裁委员会（以下简称“仲裁委员会”，同时使用“中国国际商会仲裁院”名称）特制定本规则。 |
| Article 2 Construction dispute review is a means of dispute resolution by whereby, in accordance with their agreement, the parties to a construction contract refer their dispute arising from the performance of the construction contract to a Dispute Board (hereinafter referred to as the DB) for review and determination of the dispute. | | 第二条 建设工程争议评审是当事人在履行建设工程合同发生争议时，根据约定，将有关争议提交争议评审组（以下简称评审组）进行评审，由评审组作出评审意见的一种争议解决方式。 |
| The parties may make provisions regarding the effect of the DB's determination, in which case the binding effect of the determination shall be determined in accordance with the provisions agreed by the parties. Where the parties have agreed to the application of these Rules but have not made provisions regarding the effect of the DB's determination, the determination shall be binding upon the parties, provided that the conditions set out in these Rules have been satisfied. | | 当事人可以对评审意见的效力做出约定，评审意见依约定对当事人产生约束力。当事人对评审意见的效力未作约定但同意适用本规则的，在满足本规则规定的条件后，评审意见即对当事人具有约束力。 |
| The construction contracts (hereinafter referred to as the Contract) under these Rules include but are not limited to project prospecting contracts, project design contracts, project construction contracts and other contracts in relation to construction projects. | | 本规则所指的建设工程合同（以下简称合同）包括工程勘察合同、设计合同、施工合同以及其它与建设工程有关的合同。 |
| Article 3 These Rules shall be binding on the parties where the parties have agreed to apply these Rules. | | 第三条 本规则在当事人约定适用的情况下，对当事人具有约束力。 |
| Where the parties have agreed otherwise on specific matters, such agreement shall prevail. | | 当事人对特定事项另有约定的，从其约定。 |
| Chapter 2 The Dispute Board | | 第二章 评审组 |
| Article 4 The following two types of DB are available to the parties: the standing DB and the ad hoc DB. | | 第四条 评审组分为常设评审组和临时评审组。 |
| At the time of entering into the Contract or within a set time period agreed by the parties, the parties may appoint the members of the DB and establish a standing DB, which will keep track of the performance of the Contract and assist the parties in preventing disputes. The standing DB may resolve relevant disputes referred to it by the parties. | | 当事人可以在签订合同时或者在约定的期限内确定评审组成员，成立常设评审组，以跟踪了解合同履行的情况，协助预防争议；常设评审组可以根据当事人的申请，评审有关争议。 |
| An ad hoc DB may be established by the parties for dispute review after a dispute has arisen to review and determine specific disputes. | | 当事人也可以在争议发生后，成立临时评审组，评审特定争议。 |
| The formation and functions of the DB, the review proceedings, the effect of the determination, and the fees and expenses of the DB Members shall be determined in accordance with agreements reached by the parties. Where such agreements are absent but the parties have agreed to the application of these Rules, such matters shall be determined in accordance with these Rules. | | 评审组的产生方式和工作内容、评审程序、评审意见的效力、评审组成员的报酬和费用等根据当事人的约定来确定。当事人没有约定而同意适用本规则的，依据本规则确定。 |
| Article 5 Unless otherwise agreed by the parties, the DB shall consist of one or three members. | | 第五条 除非当事人另有约定，评审组由一名或三名评审专家组成。 |
| Where the parties have not agreed on the number of DB Members, the DB shall consist of three members. | | 当事人没有约定评审组组成人数的，评审组由三名评审专家组成。 |
| Article 6 Unless otherwise agreed by the parties, a DB Member shall be professionally knowledgeable and have practical experience in contract management, contract interpretation and the construction industry. | | 第六条 评审专家应当具有合同管理、合同解释和建设工程行业的专业知识和实践经验。 |
| Where there are other special agreements between the parties on the qualification of a DB Member, such agreements shall prevail. | | 当事人对评审组成员的资格有其他特殊约定的，从其约定。 |
| Article 7 The CIETAC maintains a List of Experts for Construction Dispute Review (hereinafter referred to as the List of Experts) which it recommends to the parties when they are appointing DB Members, but the parties may also appoint DB Members outside of the List of Experts. | | 第七条 仲裁委员会设立推荐性的《建设工程争议评审专家名册》（以下简称《评审专家名册》），供当事人选定评审组成员时参考。当事人也可以在《评审专家名册》之外选择评审组成员。 |
| Article 8 Where the DB is a three member DB, both parties shall each appoint a DB Member and notify the other party and the DB member in writing within the time limit agreed upon by the parties, or absent such agreement, within 28 days after the signing of the Contract or within 28 days after the commencement of the performance of the Contract, whichever occurs earlier. If a party fails to appoint a DB Member within the abovementioned time limits, the DB Member shall be appointed by the President of the Arbitration Court of the CIETAC upon the request of any party. | | 第八条 常设评审组由三人组成的，双方当事人应当在约定的期限内，或者在没有约定期限的情况下，在合同签订后28天内或合同开始履行后28天内（以较早的时间为准），各自选定一名评审专家，并书面通知对方和评审专家。当事人未能在上述期限内选定评审专家的，任一方当事人可以请求仲裁委员会仲裁院院长代为指定上述评审专家。 |
| Within 14 days of the confirmation of the appointment of the second DB Member, the two DB Members appointed in accordance with the rules above shall jointly appoint the third DB Member and shall inform both parties in writing of the appointment. If the two DB Members are unable to jointly agree on the third DB Member within the abovementioned time limit, the third DB Member shall be appointed by the President of the Arbitration Court of the CIETAC upon the request of any party. The third DB Member shall act as the chairman of the DB. | | 根据前款规定产生的两名评审专家应在第二名评审专家确定之日起14天内共同选定第三名评审专家，并书面通知双方当事人。两名评审专家未能在上述期限内共同选定第三名评审专家的，任一方当事人可以请求仲裁委员会仲裁院院长代为指定第三名评审专家。第三名评审专家应当担任评审组的首席评审专家。 |
| Article 9 Where the parties have agreed that the DB shall consist of a sole DB Member, the parties shall jointly appoint the sole DB Member within the time limit agreed upon by the parties, or absent such agreement, within 28 days after the signing of the Contract or within 28 days after the commencement of the performance of the Contract, whichever occurs earlier. If the parties fail to jointly appoint the sole DB Member within the abovementioned time limits, the sole DB Member shall be appointed by the President of the Arbitration Court of the CIETAC upon the request of any party. | | 第九条 当事人约定常设评审组由一人组成的，双方当事人应当在约定的期限内，或者在合同没有约定期限的情况下，在合同签订后28天内或合同开始履行后28天内（以较早的时间为准），共同选定独任评审专家。当事人在上述期限内未能就独任评审专家的人选达成一致的，任一方当事人可以请求仲裁委员会仲裁院院长代为指定独任评审专家。 |
| Article 10 A party's request for the President of the Arbitration Court of the CIETAC to appoint any DB Member shall be made in writing together with a description of the nature of the construction contract or dispute concerned, as well as any special requirements regarding the qualifications of the DB Member. | | 第十条 当事人请求仲裁委员会仲裁院院长代为指定评审专家的，应当以书面形式提出，附具有关建设工程合同性质或者争议性质的说明。当事人对评审专家资格有特殊要求的，也应当一并予以说明。 |
| When appointing a DB Member, the President of the Arbitration Court of the CIETAC shall take into account the nature of the construction contract or dispute concerned, the prospective DB Member's professional specialties, his/her experience in the industry and language abilities, as well as any special requirements made by the parties. | | 仲裁委员会仲裁院院长在代为指定评审专家时，应当综合考虑相关建设工程合同或者争议的性质、所需评审专家的专业特长、行业经验、语言能力以及当事人的特殊要求等相关情况。 |
| Article 11 Every DB Member shall sign with all of the parties a DB Member Agreement in relation to the necessary issues including but not limited to the scope of the review, the content of the work of the DB, the general responsibilities of the DB and the parties, the fees and expenses of the DB Member, and the commencement and termination of the DB Member Agreement. | | 第十一条 评审组的每一位成员应当分别与全体当事人签订《评审组成员协议》，对必要的事项作出约定，包括但不限于评审组解决争议的范围、评审组的工作内容、评审组成员与当事人的一般义务、评审组成员的报酬和费用、协议的生效和终止等。 |
| The parties may at any time jointly terminate a DB Member Agreement, but should give prior written notice to the DB Member. No party may terminate a DB Member Agreement unilaterally. A DB Member may terminate the DB Member Agreement unilaterally at any time, but should give prior written notice to the parties, the notice period to be agreed between the parties and the DB Member. | | 当事人可以在任何时间共同终止《评审组成员协议》，但应当提前书面通知评审组成员。任何一方当事人不能单独终止《评审组成员协议》。评审组成员可在任何时间单方终止《评审组成员协议》，但应当提前书面通知所有当事人，上述提前通知的时间由当事人与评审组成员具体约定。 |
| A DB Member shall withdraw from the DB upon the termination of the DB Member Agreement. A DB Member Agreement entered into between the DB Member and the parties shall terminate when the DB Member withdraws from the DB or no longer serves on the DB due to other circumstances provided in these Rules. | | 《评审组成员协议》终止的，评审组成员即退出评审组。评审组成员因为本规则规定的其他情形不再担任评审组成员或退出评审组的，该名评审组成员与当事人签署的《评审组成员协议》当即终止。 |
| Upon the request of one party and with the consent of the other party, the Arbitration Court of the CIETAC may provide to the parties assistive secretarial services such as communication, liaison and document exchange services, in order to facilitate the conclusion of the DB Member Agreement. | | 根据当事人的请求并经双方同意，仲裁委员会仲裁院可以为《评审组成员协议》的达成提供联络沟通、文件交换等辅助性秘书服务。 |
| Article 12 The DB is formally established after the DB Member Agreement(s) become effective. | | 第十二条 在评审组成员与当事人签订的《评审组成员协议》生效后，评审组正式成立。 |
| The DB shall cease its activities upon the end of the term of the DB Member Agreement(s). Unless otherwise agreed by the parties, the parties may jointly agree to dissolve the DB, prior to the end of its term, and the DB shall be dissolved as of the date when it receives the last written notice from the parties. | | 评审组在《评审组成员协议》约定的期限届满时终止工作。除非当事人另有约定，当事人可以共同决定提前解散评审组。评审组自收到最后一方当事人的书面通知之日起解散。 |
| Article 13 Every DB Member must carry out its duties with impartiality and independence. | | 第十三条 评审专家应当独立、公正地履行职责。 |
| A DB Member shall immediately disclose in writing to the parties any facts or circumstances known to him/her which are likely to give rise to any justifiable doubt on the part of the parties as to the DB Member's impartiality or independence. The DB Member shall also promptly inform the other DB Members of such disclosure. | | 评审专家知悉存在可能引起当事人对其公正性或者独立性产生合理怀疑的任何事实或情况的，应当立即向所有当事人书面披露，并将该披露事宜及时通知评审组的其他成员。 |
| Within 14 days of the receipt of such disclosure, if a party challenges a DB Member in writing, the DB Member shall no longer serve on the DB. If a party fails to make such a challenge within the abovementioned time limit, the party shall be deemed to have agreed to the DB Member remaining on the DB and may not challenge him/her again on the basis of his/her disclosure. | | 任何一方当事人在收到评审专家的书面披露之日起14天内对该专家提出书面异议的，该名评审专家不再担任评审组成员。当事人未在上述期限内提出书面异议的，视为同意其继续担任评审组成员，此后不得以该名评审专家曾经披露的事项为由再提出异议或者申请其回避。 |
| Article 14 Where any party wishes to challenge a DB Member on the basis of facts or circumstances that it has discovered, which give rise to justifiable doubts as to the DB Member's impartiality or independence, the party may, within 14 days of learning these facts or circumstances, submit to the President of the Arbitration Court of the CIETAC a written request asking for a decision in relation to the challenge. Such a request should state the specific facts and reasons on which the request is based and shall be supported by evidence. | | 第十四条 任何一方当事人发现对某位评审专家的公正性或者独立性产生合理怀疑的任何事实或情况而要求其回避的，可以在得知回避事由后14天内书面申请仲裁委员会仲裁院院长对该名评审专家是否回避作出决定，但应当说明提出回避请求所依据的具体事实和理由，并举证。 |
| Where a party challenges a DB Member and the other party consents to the challenge, or the challenged DB Member withdraws from the DB on his/her own initiative, the DB Member shall no longer serve on the DB. However, this does not imply that the challenge by the party is justified. Under any other circumstances, the President of the Arbitration Court of the CIETAC shall make the final decision regarding the challenge with or without reasons stated. | | 一方当事人申请评审专家回避，其他当事人同意的，或者被申请回避的评审专家主动提出不担任评审组成员的，该名评审专家不再担任评审组成员。上述情形并不表示当事人提出回避的理由成立。除此种情形外，评审专家是否应当回避，由仲裁委员会仲裁院院长作出终局决定，并可以不说明理由。 |
| The challenged DB Member shall carry on his/her duties as a DB Member prior to the decision regarding the challenge being made by the President of the Arbitration Court of the CIETAC. | | 在仲裁委员会仲裁院院长就评审专家是否回避作出决定前，被申请回避的评审专家应当继续履行职责。 |
| Article 15 In the event that a DB Member is prevented de jure or de facto from fulfilling his/her duties properly or appropriately, the DB Member shall withdraw from the DB. | | 第十五条 评审专家在法律或事实上不能正常或者适当履行评审组成员职责的，应当退出评审组。 |
| Unless otherwise agreed by the parties, where a DB Member no longer serves on the DB or withdraws from the DB in accordance with the provisions of these Rules, a substitute DB Member shall be appointed pursuant to the same procedure used in the appointment of the original DB Member. Where the DB consists of three DB Members and one of the DB Members withdraws, the other two shall continue to serve on the DB. | | 评审专家因本规则规定的情形不再担任评审组成员或退出评审组的，除非当事人另有约定，应当按照其原来的产生方式确定替换的评审专家。三人评审组中有一人退出的，其余两人应当继续担任评审组成员。 |
Unless otherwise agreed by the parties, the DB shall suspend its activities until the substitute DB Member has been appointed. All actions taken by the DB prior to the substitution of the DB Member shall remain valid.
．．．．．． | | 除非当事人另有约定，在替换的评审专家产生以前，评审组应当中止工作。替换前评审组的行为继续有效。
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