|http://finance.sina.com.cn 2004年05月17日 14:56 中国国际经济贸易仲裁委员会|
A Brief Introduction to China Maritime Arbitration Commission (CMAC)
China Maritime Arbitration Commission (CMAC), established within the China Council for the Promotion of International Trade on January 22nd 1959 in accordance with the Decision made by the State Council of the People’s Republic of China, is a permanent arbitration organization, taking cognizance of domestic and international cases involving maritime disputes. It was formerly known as Maritime Arbitration Commission of the China Council for the Promotion of International Trade.
With a view to protecting the legitimate rights and interests of the parties concerned, CMAC independently and impartially resolves, by means of arbitration, contractual and non-contractual maritime disputes, which promotes the development of domestic and international trade and logistics.
In the past several decades since its establishment, CMAC has been sticking to the principle of independently and impartially making its awards on the basis of the facts, in accordance with the law and the terms of the contracts, with reference to international practice and in compliance with the principle of fairness and reasonableness. CMAC has heard a great number of cases and effectively protected the lawful rights and interests of both Chinese and foreign parties. The impartiality of CMAC has won the Commission good reputation both at home and abroad in the fields of shipping, insurance, trade and law, thus giving a great impetus to the development of international trade and the shipping industries between China and other countries and regions in the world.
Since China has acceded to the Convention on Recognition and Enforcement of Foreign Arbitration Awards 1958, the foreign-related arbitral awards made by CMAC can be recognized and enforced in more than one hundred member states of the Convention, which dispels the partys’worry about the enforcement of the arbitral awards.
CMAC is composed of one chairman, several vice-chairmen and a number of Commission members. The Commission members are experts, scholars and noted personages selected and appointed by the China Council for the Promotion of International Trade or CCPIT (China Chamber of International Commerce or CCOIC) from among the Chinese legislature, judicial organs and shipping, insurance and other departments and companies.
CMAC has a secretariat which, directed by the secretary general of the Commission, handles the day-to-day work in accordance with the arbitration rules and the Ethical Regulations for the Secretaries.
CMAC has a panel of arbitrators for the selection and appointment by the parties concerned. The arbitrators of CMAC are selected and appointed by the China Council for the Promotion of International Trade (CCPIT/CCOIC) from among the Chinese citizens and the foreign citizens with special knowledge and practical experience in shipping, insurance, law and other fields. Besides laws, the special fields of the arbitrators covers carriage of goods by sea, maritime insurance, sale and purchasing a vessel, ship- repairing and ship-building, inspection of ship, shipping agency, navigation skill, engineering, harbor superintendence, harbor administration, pilotage, environmental protection at sea, collision between salvage of and towing vessels, raising ship wreck, average adjustment, and logistics etc., which has laid a solid foundation for ensuring impartial examination of all kinds of cases.
Special Provisions on Fishery Disputes Cases of CMAC became effective on May 8th 2003. Before its appearance most of the fishery disputes were conciliated through fishery regulative and administrative agencies. Due to the lack of binding force, the conciliation suffers a low performing rate. Fishery disputes that cover different sea areas were usually delayed in resolution because neither party concerned had confidence in the fishery regulative and administrative agency of the other party. CMAC Special Provisions on Fishery Disputes Cases are applied in cases relating to the disputes arising from recovery of marine traffic accident, fishing and cultivating, and fishing nets; and disputes arising from ship-building, repairing, sale, insurance, leasing, mortgage and loan of fishing vessels; and the disputes arising from the contract and management of foreland; and other disputes involving fishery.
With the development of modern transportation, the traditional port-to-port transportation has been gradually replaced by door-to-door transportation. The traditional shipping enterprises have been transformed
Under the approval of CCOIC, the Logistics Dispute Resolution Center of CMAC was established in Beijing on Feb 1st, 2004. Composed of experts of the logistics, technology and law, it is a professional organization specializing in settling the disputes concerning logistics. It accepts cases concerning all kinds of logistic disputes or logistic-related disputes at home and abroad.
CMAC has about 40 years of professional arbitration experience in the maritime area, and many experts who are familiar not only with the logistics affairs and technology but also with the relevant laws and regulations as well as trade customs, which makes it an ideal place to settle the logistics disputes. It is authoritative, flexible and convenient for the awards to be enforced if the relevant disputes are settled by means of arbitration conducted by experts. And the parties concerned can also save the costs and time if so doing. Furthermore, since a wide range of fields are related to logistics, including not only in ocean shipping, land transportation and air transport but also the storage, loading and discharging, processing, information, agency and insurance, etc., the jurisdiction of the logistics disputes are not centralized. In addition, because the logistics is a specialized and newborn industry, such condition is not favorable for the appropriate settlement of logistics disputes. The establishment of the Logistics Dispute Resolution Center in CMAC to ensure centralized jurisdiction of such disputes will effectively avoid the uncertainty in jurisdiction and the judgments of the awards as well as the unnecessary delay in the procedure, and facilitate a package settlement of the logistics disputes.
The Logistics Dispute Resolution Center of CMAC is entitled to accept all cases involving the logistics dispute, including in ocean shipping, land transportation (highway, railway) and air transport, combined transport, container transport, LCL, FCL, express service, storage, processing, allocated delivery, storage distribution, agency, management of logistics information, transportation, handling, loading and discharging equipments, production, sale or lease of the storage equipment, logistics center, and allocation center and establishment, design and consultation of the logistics plans, insurance relating to the logistics and tort in respect of the logistics service, etc.
The Logistics Dispute Resolution Center of CMAC will be entrusted with the jurisdiction once the parties to the logistics contract agree to include a valid arbitration clause in the contract or reach a separate arbitration agreement after the occurrence of the dispute submitting the dispute to the above-mentioned organization.