Shenyang Arbitration Commission

 Shenyang Arbitration Commission (SAC) was established on January 18, 1997， by the Shenyang Municipal People’s Government in accordance with the provisions of the Arbitration Law of the People’s Republic of China. It is a permanent institution authorized to resolve contractual disputes and other disputes over property rights and interests between individuals, legal persons, and other organizations with equal legal status. It is also the sole arbitration institution within the administrative area of Shenyang for resolving civil and commercial disputes. The SAC has internal bodies and branches such as Case Acceptance Department, Case Management Department, Case Supervision Department, Comprehensive Department, Shenyang International Arbitration Court (Shenyang International Mediation Center), and Shenyang Arbitration Court of Intellectual Property (China-Germany Industrial Park Intellectual Property Arbitration Court), etc. It boasts a team of senior expert arbitrators from various fields, including law, economy, finance, real estate, construction engineering, and intellectual property, both domestically and internationally. The SAC is committed to leveraging the advantages of the arbitration system and providing the parties with impartial, professional, and efficient arbitration services to meet the needs of market economy entities.   

Core values: Impartiality, Professionalism, Integrity, Efficiency

Independence and Impartiality

Shenyang Arbitration Commission has established a comprehensive information disclosure system for arbitrators, enabling the parties to access detailed information about arbitrators, including their basic information, educational background, professional expertise, and experience. Upon appointment, arbitrators are required to sign a declaration affirming their commitment to independent and impartial arbitration. If any circumstances arise that necessitate recusal, they shall proactively recuse themselves. The SAC has also established an Expert Advisory Board, which offers legal consultations to arbitration tribunals in complex cases or cases with significant disputes, ensuring the fairness of arbitration decisions.

The arbitration proceedings conducted by the SAC shall be in accordance with the law, and independent of any administrative organs, social organizations, and individuals.

Model Clause

If you intend to resolve disputes through arbitration, please note that a valid arbitration clause must be stipulated in the contract, or a supplementary written arbitration agreement must be reached subsequently. Shenyang Arbitration Commission warmly welcomes all entities and individuals, both domestic and international, to choose our SAC for dispute resolution. To facilitate this, we recommend the following Shenyang Arbitration Commission Model Clause:

“All disputes arising from or in connection with this contract shall be submitted to the Shenyang Arbitration Commission for arbitration in accordance with its Arbitration Rules. The arbitration award shall be final and binding upon both parties.

When submitting to arbitration, both parties agree to apply the expedited procedure for the hearing, within the scope permitted by the Arbitration Rules. The service of relevant legal documents (including arbitration documents) by postal express or email to the correspondence address or email address of the other party recorded in this contract shall be deemed as valid service (any change in the correspondence address or email address must be promptly notified to the other party and the Shenyang Arbitration Commission in writing).

(★For foreign-related arbitration, please complete the following statement:) The law applicable to this arbitration clause is ______ [law], the seat of arbitration is in ______ [place], and the arbitration proceedings shall be conducted in ______ [language].”

Shenyang Arbitration Commission Articles of Association

Chapter I  General Provisions

Article 1

The Articles of Association are formulated in accordance with the Arbitration Law of the People’s Republic of China (hereinafter referred to as the “Arbitration Law”) to regulate the conduct of the Shenyang Arbitration Commission (hereinafter referred to as the “SAC”), to ensure its lawful, impartial, and timely resolution of economic disputes, and to protect the legitimate rights and interests of the parties.

Article 2  

The SAC is established by the Shenyang Municipal People’s Government in accordance with the law and is duly registered.  

The SAC shall lawfully resolve contractual disputes and other disputes over property rights and interests between natural persons, legal persons, and other unincorporated organizations with equal legal status.  

The SAC shall not accept arbitration applications for labor disputes or disputes arising from agricultural contract within agricultural collective economic organizations.  

The following disputes are not subject to arbitration:  

(1) Disputes concerning marriage, adoption, guardianship, maintenance, or inheritance;  

(2) Administrative disputes that are required to be handled by administrative organs in accordance with the law.

Chapter II  The Governing Committee

Article 3

The Governing Committee shall consist of one Chairperson, one Executive Vice Chairperson (Full-time Vice Chairperson), four Vice Chairpersons, and seven to eleven other Members.

The Governing Committee shall appoint one Secretary General, who may concurrently serve as a Vice Chairperson. 

Article 4

The Governing Committee Sessions shall be chaired by the Chairperson or the Executive Vice Chairperson. A quorum for a session shall be constituted by the presence of at least two-thirds of the members of the Governing Committee. Adoption of any motion to amend the Articles of Association or to dissolve the Governing Committee shall require the affirmative votes of at least two-thirds of all members of the Governing Committee. Other motions shall require the affirmative votes of at least two-thirds of the members presenting and voting at the session.

Article 5

The Governing Committee Sessions shall perform the following duties:

(1) Deliberating on working guidelines, work plans, development plans, and other key issues of the SAC, and adopting corresponding resolutions; 

(2) Deliberating and approving work reports, financial budget plans, and final account reports submitted by the SAC Working Body;

(3) Proposing candidate(s) for the head of the SAC Office;

(4) Formulating management measures for arbitrators, and deciding on the appointment, dismissal, and removal of arbitrators;

(5) Deciding on major matters such as remuneration management and performance appraisal schemes;

(6) Deliberating and approving the organizational structure of the SAC Working Body；

(7) Amending the SAC Articles of Association;

(8) Formulating and amending the SAC Arbitration Rules;

(9) Deciding on the dissolution of the Governing Committee;

(10) Other functions as specified in the Arbitration Law, the Arbitration Rules, and the Articles of Association.

Article 6

The Meeting of Chairpersons consists of the Chairperson, the Executive Vice Chairperson, Vice Chairpersons, and the Secretary General. During the inter-sessional period of the Governing Committee, it shall be responsible for the important routine work of the Governing Committee. It shall be chaired by the Chairperson or the Executive Vice Chairperson. The Executive Vice Chairperson shall be responsible for its important daily operations.

Article 7

The Governing Committee Sessions shall comply with the internal disclosure system and decide on major issues on the basis of one-person-one-vote by ballot. The proceedings of the Governing Committee Sessions shall be recorded clearly, with the dissent opinions accurately stated.

Article 8 

The Governing Committee shall serve a term of five years. It shall be renewed and at least one-third of its members shall be replaced upon expiration of the term. 

The replacement of members for the next term shall be completed two months before the expiration of the term. In case of special circumstances that prevent the completion of the replacement, it shall be completed within three months after the expiration of the term.

Each Governing Committee shall perform its duties until the new Governing Committee is established.

Article 9

The members of the new Governing Committee shall be nominated by the Meeting of Chairpersons of the previous Governing Committee in consultation with relevant departments, and shall be appointed by the Municipal People’s Government.

Article 10

An Expert Advisory Board shall be established as needed to provide consultancy on complex issues for the Governing Committee and the Arbitration Tribunals.

Article 11

The Governing Committee shall be terminated after the dissolution resolution is adopted by the Governing Committee Session(s), approved by the Municipal People’s Government, and the deregistration is completed with the registration authority.  

Chapter III  The Working Body

Article 12

The Office is the Working Body of the SAC. It comprises internal bodies including Comprehensive Department, Case Acceptance Department, Case Management Department, Case Supervision Department, Shenyang International Arbitration Court (Shenyang International Mediation Center), and branches including Shenyang Arbitration Court of Intellectual Property (China-Germany Industrial Park Intellectual Property Arbitration Court).

The Office operates under the leadership of the Executive Vice Chairperson.

Article 13

The Office shall perform the following duties:

(1) Handling the acceptance of arbitration cases, serving arbitration documents, recording arbitration hearings, assisting in the preparation of arbitration documents, and managing arbitration archives;

(2) Coordinating the enforcement of arbitral awards and related matters;

(3) Publicizing the arbitration legal system;

(4) Collecting and managing arbitration fees;

(5) Training and managing arbitrators;

(6) Disposing of other tasks assigned by the SAC.

Chapter IV  Arbitrators

Article 14

The Panel of Arbitrators of the SAC shall be proposed by the Meeting of Chairpersons, reviewed and approved by the Governing Committee Sessions, and then appointed by the SAC with the issuance of the letter of appointment.

The term of service for arbitrators shall be five years, and they may be reappointed upon expiration of the term.

Depending on work requirements, the SAC may additionally appoint or dismiss arbitrators during the term.

Article 15

The SAC shall establish the Panel of Arbitrators according to different professional fields and file it with the Department of Justice of Liaoning Province and the China Arbitration Association.

Article 16

Arbitrators shall strictly abide by the provisions of the SAC Arbitration Rules and ensure that the parties exercise their rights as stipulated.

Article 17

Arbitrators shall treat both parties equally and shall not represent or show partiality to either party.

Article 18

After accepting a case, arbitrators shall carefully and thoroughly review all the evidence and materials submitted by the parties and make preparations for arbitration.

Article 19

When presiding over the hearing of an arbitration case, arbitrators shall fully listen to the statements of both parties and carefully ascertain the facts.

Article 20

Arbitrators may meet with the parties or their agents only with the consent of the Arbitral Tribunal or the SAC, and such meetings shall be held at locations designated by the SAC. Without the consent of the Arbitral Tribunal or the SAC, arbitrators shall not meet privately with any party or agent, nor shall they accept evidence materials provided solely by one party, nor shall they discuss arbitration case matters with one party or agent.

Article 21

Arbitrators shall promptly hold deliberations after the conclusion of the case proceedings and prepare the relevant arbitration documents in accordance with regulations.

Article 22

Arbitrators shall strictly keep arbitration secrets and shall not disclose to the outside world any information regarding the case proceedings, deliberations of the Arbitral Tribunal, or trade secrets involved in the case.

Article 23

In any of the following circumstances, the SAC shall dismiss the arbitrator:

(1) Failing to fulfill the disclosure obligations as stipulated;

(2) Concealing the circumstances under which recusal is necessary;

(3) Violating confidentiality obligations;

(4) Accepting hospitality, gifts, or other benefits from the parties;

(5) Acting on behalf of others to offer hospitality or gifts to members of the Arbitral Tribunal;

(6) Seriously violating the independent and impartial stance of arbitrators;

(7) Causing damage to the interests of the parties or the SAC due to intentional acts or gross negligence;

(8) Being determined as incapable of handling cases;

(9) Violating other provisions of the SAC with grave consequences.

Article 24

In any of the following circumstances, the SAC shall remove the arbitrator:

(1) Being held criminally liable by law;

(2) Being subject to disciplinary or administrative sanctions;

(3) Privately meeting with parties or agents, or accepting hospitality or gifts from parties or agents, with grave consequences;

(4) Being determined by relevant departments to have engaged in bribery, corruption, or fraudulent decision-making in the arbitration of cases.

Article 25

Arbitrators shall attend the trainings and meetings organized by the SAC on time.

Article 26

Arbitrators shall receive remuneration for handling arbitration cases in accordance with the SAC regulations.

Chapter V  Financial Management

Article 27

The financial management of the SAC shall be conducted on an independent accounting basis.

Article 28

The sources of income of the SAC include:

(1) Financial allocations from the government;

(2) Revenue from arbitration fees;

(3) Other lawful income.

Article 29

Upon termination of the SAC, its property shall be liquidated and disposed of in accordance with relevant laws and regulations.

Chapter VI  Supplementary Provisions

Article 30

The seat of the SAC is in Shenyang.

Article 31

The SAC shall be responsible for the interpretation of the Articles of Association.

Article 32

The Articles of Association shall be effective as of the date of approval by the Shenyang Municipal People’s Government.