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Refund of Arbitration Fee under the circumstance of Case Withdrawal

In order to standardize the refund of arbitration fees when an arbitration case is withdrawn, these measures are formulated in accordance with the relevant laws, regulations and rules, as well as the provisions of the CIETAC Arbitration Rules, the CIETAC Financial Dispute Arbitration Rules and the CIETAC Online Arbitration Rules.

1. Domestic Cases

(1) Where a case is withdrawn before the establishement of an arbitral tribunal, the entire registration fee and 1/2 of the handling fee shall be refunded.

(2) Where a case is withdrawn after the establishement of an arbitral tribunal but before the first oral hearing, 1/2 of the registration fee and 1/2 of the handling fee shall be refunded, with the minimum arbitration fee being CNY 6,100.

(3) Where a case is withdrawn after the first oral hearing, normally no fee shall be refunded, but in special cases, a maximum not exceeding 20% of the handling fee may be refunded on a case by case basis while the registration fee shall not be refundable.

2. Foreign-Related Cases

(1) Where a case is withdrawn before the establishment of an arbitral tribunal, 60% of the arbitration fee (without the registration fee, the same below) shall be refunded.

(2) Where a case is withdrawn after the establishment of an arbitral tribunal but before the first oral hearing, 1/2 of the arbitration fee shall be refunded.

(3) Where a case is withdrawn after the first oral hearing, normally no fee shall be refunded, but in special cases, a maximum not exceeding 20% of the arbitration fee may be refunded on a case by case basis.

3. Refund Due to Lack of Jurisdiction or a party’s Absence at an Oral Hearing

Where a case is withdrawn before the first oral hearing due to the lack of jurisdiction decided by the CIETAC or a People’s Court, all registration fees and 80% of the handling fee shall be refunded for domestic cases, 80% of the arbitration fee shall be refunded for foreign-related cases.

Where a decision on the lack of jurisdiction can only be made after the oral hearing, the refund amount shall be determined after taking into consideration the involvement and the workload of the arbitral tribunal as well as the responsibilities of the disputing parties. For domestic cases, no more than 70% of the registration fee and handling fee shall be refunded; for foreign-related cases, no more than 70% of the arbitration fee shall be refunded.

A case or a request for arbitration or counterclaims are deemed automatically withdrawn when a Claimant or Respondent, despite a written notice of an oral hearing, fails to appear at the oral hearing without showing sufficient cause to such failure or withdraws from an on-going oral hearing without the permission of the arbitral tribunal, no fees shall be refunded.

4. Refund of Cases under Other Arbitration Rules of CIETAC

The Refund of cases under CIETAC Financial Disputes Arbitration Rules and CIETAC Online Arbitration Rules shall be determined with the reference of Article 2 and 3 of this rule.

This rule is effective as of January 1, 2012.