法律

年中国香港国际仲裁中心电子交易仲裁规则

  Hong Kong International Arbitration Centre

  Electronic Transaction Arbitration Rules(2002)

  (Adopted to take effect from1January2002)

  Where any agreement,submission or reference provides for arbitration under the Electronic Transaction Arbitration Rules of the Hong Kong International Arbitration Centre(the Rules),the parties shall be taken to have agreed that the arbitration shall be conducted in accordance with the following Rules,or such amended Rules as Hong Kong International Arbitration Centre(HKIAC)may have adopted to take effect before the commencement of the arbitration。

  The Rules are subject to such modifications as the parties may agree in writing at any time。

  1.1Any party wishing to commence an arbitration under these Rules(the Claimant)shall send to the other party(the Respondent)a written Notice of Arbitration as per Form Nrequiring the Respondent to appoint or concur in appointing the Arbitrator。

  1.2Acopy of the Notice of Arbitration and verification of service to the Respondent at the Respondent’s last known address shall be sent to the Secretary General of the HKIAC(the Secretary General)together with a filing fee as detailed in Appendix A(“Arbitration Costs and Administrative Fees Schedule”)。For the purposes of this subrule,registered post shall constitute good service。

  1.3The date on which the Notice of Arbitration and verification of service to the Respondent is received by the HKIACshall,for all purposes,be deemed to be the date of the commencement of the arbitral proceedings。

  1.4For the purpose of facilitating the choice of the Arbitrator,within14days of receipt of the Notice of Arbitration,the Respondent shall send to the Claimant a Response(Response to the Notice of Arbitration)as per Form R。

  1.6Acopy of the Response and verification of service to the Claimant at the latter’s last known address shall be sent to the Secretary General or his designate。For the purposes of this subrule,registered post shall constitute good service。

  1.6The Secretary General or his designate may grant the Respondent an extension of time of not more than7days for filing the Response,if the HKIACdeems it to be necessary upon the request of the Respondent。

  1.7Failure to send a Response within the required timeframe shall neither preclude the Respondent from denying the claim nor from setting out a counterclaim in its Statement of Defence。

  1.8For the avoidance of doubt,where these Rules require any notice,pleading,submission or any other communication to be in writing,then,unless the parties agree or the Arbitrator orders otherwise,a communication delivered by facsimiles,telex,email,electronic or computer transmission shall satisfy that requirement together with a record of the sending thereof。

  2.1The HKIACshall be the Appointing Authority*。

  2.2Any application to the Appointing Authority to act in accordance with these Rules shall be accompanied by:

  (a)a duly completed Appointment Submission Form(Form A);

  (b)copies of the Notice of Arbitration(Form N)and Response to the Notice of Arbitration(Form R)and any other related correspondence,in particular,the arbitration agreement;

  (c)confirmation in writing that a copy of the application has been sent to or received by the other party;and

  (d)payment of the necessary appointment fees as detailed in Appendix A(“Arbitration Costs and Administrative Fees Schedule”)。

  3.1The Arbitrator may be appointed by agreement of the parties。Failing such agreement within28days of the commencement of the arbitration in accordance with Article1,the Arbitrator shall,upon the application of either party in accordance with Article2.2,be appointed by the HKIAC。

  3.2The application to the HKIACto appoint an Arbitrator pursuant to Article3.1shall be made within42days of the commencement of the Arbitration,failing which the case in question shall be closed without prejudice to the right of the Claimant to submit another Notice of Arbitration in respect of the same case。

  3.3For an arbitration under these Rules,there shall be a sole Arbitrator。

  3.4The Arbitrator shall ensure that each party has a reasonable opportunity to present its case。In doing so,the Arbitrator shall act fairly and shall remain at all times wholly independent and impartial,and shall not act as advocate for any party。

  3.5Prior to appointment of a proposed Arbitrator as well as after appointment,the Arbitrator shall disclose to the parties any circumstance likely to create an impression of bias or prevent a prompt resolution of the dispute between the parties。Except by consent of the parties,no person shall serve as Arbitrator in any dispute in which that person has any interest which,if a party knew of it,might lead such party to think that the Arbitrator might be biased。

  3.6In connection with Article3.5,prior to appointment a prospective Arbitrator shall confirm in writing to the HKIACany facts or circumstances which might be of such a nature as to call into question the Arbitrator’s independence in the eyes of the parties。The HKIACshall provide such information to the parties in writing and the parties shall have7days to provide comments upon the prospective Arbitrator proposed。

  3.7The decisions of the HKIACas to the appointment,challenge or replacement of an Arbitrator shall be final and the reasons for such decisions shall not be communicated。

  3.8If the Arbitrator dies,is unable to act,or refuses to act,the HKIACwill,upon request by either party,appoint another Arbitrator。

  4.1The Secretary General of the HKIAC(the Secretary General)or his designate will act as the administrator of the arbitration。All communications and notices between a party and the Arbitrator in the course of the arbitration(except at meetings and hearings)will be addressed through the Secretary General or his designate。

  4.2Where the Secretary General or his designate sends any communication to one party,he shall send a copy to the other party at the same time。

  4.3Where a party sends any communication(including statements and documents under Article6)to the Secretary General,it shall be copied to the other party and verification of service thereof should be forwarded to the Secretary General。

  4.4The addresses of the parties for the purpose of all communications arising under the Rules shall be those set out in the Notice of Arbitration,or as either party may at any time notify the Secretary General and the other party。

  4.5Unless the contrary is proved,any communication by post shall be deemed to be received in the ordinary course of mail。Any instantaneous means of communication(e.g.fax,telex or email)shall be deemed to be received on the same day as transmitted。

  4.6The HKIACwill charge an Administrative fee in accordance with the“Arbitration Costs and Administrative Fees Schedule”as detailed in Appendix Afor the services of the Secretary General or his designate acting as arbitration administrator。

  5.1The Arbitrator shall have the power to adopt wherever possible a simplified or expedited procedure and in any case shall have the widest discretion allowed by law to conduct the proceeding so as to ensure the just,expeditious,economical,and final determination of the dispute。

  5.2Unless the Arbitrator is of the opinion that a preliminary meeting is necessary,all procedural matters in the arbitration shall,failing agreement between the parties,be settled by directions of the Arbitrator set out in written communications。

  6.1Subject to any procedural rules agreed by the parties or determined by or requested from the Arbitrator under Article5,written statements and supporting documents shall be exchanged as set out in this Article(and in accordance with Article4)。

  6.2Within14days of receipt by the Claimant of notification of the Arbitrator‘s acceptance of the appointment,the Claimant shall send to the Secretary General or his designate a Statement of Claim setting out a full description in narrative form of the nature and circumstances of the dispute specifying all factual matters and,if necessary for the proper understanding of the claim,a summary of any contentions of law relied upon and the relief claimed。

  6.3As soon as practicable after the Secretary General or his designate receives a Statement of Claim,he shall transmit the Statement of Claim to the Respondent and a copy thereof to the Arbitrator。

  6.4Within14days of receipt of the Statement of Claim,the Respondent shall send to the Secretary General or his designate a Statement of Defence setting out a full description in narrative form the factual matters and contentions of law in the Statement of Claim which he admits or denies,on what grounds,and specifying any other factual matters and,if necessary for the proper understanding of the defence,a summary of any contentions of law relied upon。Counterclaims,if any,shall be submitted with the Statement of Defence in the same manner as claims set out in the Statement of Claim。

  6.5As soon as practicable after the Secretary General or his designate receives a Statement of Defence,he shall transmit the Statement of Defence to the Claimant and a copy thereof to the Arbitrator。

  6.6Within14days of receipt of the Statement of Defence,the Claimant may send to the Secretary General or his designate a Statement of Reply which,where there are Counterclaims,shall include a Defence to Counterclaims。

  6.7As soon as practicable after the Secretary General or his designate receives a Statement of Reply,he shall transmit the Statement of Reply to the Respondent and a copy thereof to the Arbitrator。

  6.8If the Statement of Reply contains a Defence to Counterclaims,the Respondent may within a further14days send to the Secretary General or his designate a Statement of Reply regarding Counterclaims。

  6.9As soon as practicable after the Secretary General or his designate receives a Statement of Reply regarding Counterclaims,he shall transmit the Statement of Reply regarding Counterclaims to the Claimant and a copy thereof to the Arbitrator。

  6.10All Statements referred to in this Article shall be accompanied by copies(or,if they are especially voluminous and by leave of the Arbitrator,lists)of all essential documents on which the party concerned relies and which have not previously been submitted by any party,and(where appropriate)by any relevant samples。

  6.11The Arbitrator may order the parties to produce any additional documents he may specify。

  6.12As soon as practicable following completion of the submission of the Statements specified in this Article,the Secretary General or his designate shall forward the supporting information to the Arbitrator in order for him to proceed pursuant to his authority under the Rules unless otherwise agreed by the parties。

  7.1Unless the Arbitrator is of the opinion that a hearing is necessary or the parties otherwise agree,the arbitration shall be conducted on a documents only basis in accordance with this Article。

  7.2Where a documents-only arbitration procedure has been adopted,the parties shall not be entitled to a hearing and the testimony of any witness shall be presented in written form and shall be submitted in accordance with Article6。If the Arbitrator feels unable to make an award on the basis of the documents submitted,he shall be entitled to require further evidence or submissions whether oral or in writing。

  7.3If a party fails to submit any statement in accordance with Article6,the Arbitrator may make an award on the substantive issues and an award as to costs without a hearing。

  Aparty may conduct his case in person or be represented throughout or in part by lawyers or other advisers or representatives of his choice(Representative)。Aparty shall notify the Secretary General and the other parties of any change of Representative and his address(and telephone,telex,fax numbers and email addresses)as soon as practicable after any such change。

  9.1Hearings may,without limitation,be conducted in person,by videolink,by telephone or on-line(by email or by other electronic or computer communication)。

  9.2The Arbitrator shall fix the date,time,place(if applicable)and manner of meetings and hearings in the arbitration,and shall give the parties reasonable notice thereof。

  9.3The Arbitrator may in advance of hearings provide the parties with a list of matters or questions to which he wishes them to give special consideration。

  9.4The Arbitrator may order opening and closing statements to be in writing and shall fix the periods of time for communicating such statements and the replies that may be necessary。

  9.5The Arbitrator may also order a transcript of any hearing or part of any hearing。

  9.6All meetings and hearings shall be in private unless the parties agree otherwise。

  9.7HKIACshall make all reasonable endeavours to provide security for the transmission of data on-line between the parties,the Arbitrator,Secretary General or his designate and the HKIACshall use its best endeavour to see to it that the date is inaccessible or accessible only in an encrypted form to other persons。

  9.8Notwithstanding Article9.7,HKIACaccept no liability whatsoever for breach of contract,tort,negligence or otherwise for any damage arising as a result of any data transmitted on-line in the course of an Arbitration be disclosed to persons other than the intended recipient(s)。

  10.1Subject to Article5,the calling of witnesses and the giving of evidence by witnesses at any hearing shall be governed by this Article。

  10.2The Arbitrator may at any time require any party to give notice of the identity of witnesses he intends to call and a short summary of the subject matter of their testimony and its relevance to the issues。The Arbitrator may also require the exchange of witnesses’statements and of expert reports。

  10.3The Arbitrator has discretion to allow,limit,or refuse to allow the appearance of witnesses,whether witnesses of fact or expert witnesses。

  10.4Any witness who gives oral evidence may be questioned by each party or its Representative,under the control of the Arbitrator,and may be required by the Arbitrator to testify under oath or affirmation in accordance with the Arbitration Ordinance。The Arbitrator may put questions to the witnesses at any stage of the examination。

  10.5The Arbitrator may,if he consider is necessary or expedient for the just disposal of the Arbitration or for the saving of costs or otherwise,order that a witness may give oral evidence by videolink or by telephone or may give written evidence on-line and be cross examined thereon。

  10.6The testimony of witnesses may be presented in written form,either as signed statements or by duly sworn affidavits,and the Arbitrator may order that such statements or affidavits shall stand as evidence-in-chief。Subject to Article10.3any party may request that such a witness should attend for oral examination at a hearing。If the witness fails to attend,the Arbitrator may place such weight on the written testimony as he thinks fit,or may exclude it altogether。

  Unless otherwise agreed by the parties,the Arbitrator may:

  (a)appoint an Assessor to assist him;

  (b)require a party to give any Assessor any relevant information or to produce,or to provide access to any relevant documents,goods or property for inspection by the Assessor。

  12.1Without prejudice to the generality of Article5.1and unless the parties at any time agree otherwise,the Arbitrator shall have the power and/or jurisdiction to:

  (a)allow any party,upon such terms(as to costs and otherwise)as the Arbitrator shall determine,to amend any document submitted under Article6;

  (b)extend or abbreviate any time limits provided by the Rules or by his directions;

  (c)conduct such enquiries as may appear to the Arbitrator to be necessary or expedient;

  (d)order the parties to make any property or thing available for inspection,in their presence,by the Arbitrator or any Assessor;

  (e)order any party to produce to the Arbitrator,and to the other parties for inspection,and to supply copies of any documents or classes of documents in their possession,custody or power which the Arbitrator determines to be relevant;

  (f)order the rectification in any contract or arbitration agreement of any mistake which he determines to be common to the parties;

  (g)rule on the existence,validity or termination of the contract;

  (h)rule on his own jurisdiction,including any objections with respect to the existence or validity of the arbitration agreement to the validity of his appointment or to his terms of reference;

  (i)determine any question of law arising in the arbitration;

  (j)determine any question of good faith,dishonesty or fraud arising in the dispute,if specifically asserted by a party in one of their Statements;

  (k)receive and take into account such written or oral evidence as he shall determine to be relevant and shall not be bound by the rules of evidence;

  (l)proceed in the arbitration and make an award notwithstanding the failure or refusal of any party to comply with these Rules or with the Arbitrator’s written orders or written directions,or to exercise its right to present its case,but only after giving that party written notice that he intends to do so;

  (m)order the making by one party to another of an interim payment of monies alleged to be due where,in the opinion of the Arbitrator,payment is undoubtedly due;

  (n)order any party to provide security for the legal or other costs of any other party including without limitation the fees of the Arbitrator by way of deposit or bank guarantee or in any other manner the Arbitrator thinks fit;and

  (o)order any party to provide security for all or part of any amount in dispute in the arbitration。

  12.2By agreeing to arbitration under the Rules,the parties hereby agree to apply to the Arbitrator,and not to any court of law or other judicial authority,for any order which,but for the Rules,would normally be made by a court of law or other judicial authority。

  12.3For the purpose of Article12.1(h)above,an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract。Adecision by the Arbitrator that the contract is null and void shall not entail the invalidity of the arbitration clause。

  12.4Aplea that the Arbitrator does not have jurisdiction shall be raised not later than the time for service of the Statement of Defence。Aplea that the Arbitrator is exceeding the scope of his authority shall be raised promptly after the Arbitrator has indicated his intention to decide on the matter alleged to be beyond the scope of his authority。In either case the Arbitrator may nevertheless admit a late plea under this paragraph if the Arbitrator considers the delay justified。

  If the Claimant fails to attend any hearing of which due notice has been given,the Arbitrator may make an award on the substantive issues and an award as to costs,with or without a hearing。If the Respondent fails to submit a Statement of Defence or to attend any hearing after due notice has been given,the Arbitrator may conduct the hearing in the absence of the Respondent and make an Award on the evidence。

  The seat of the arbitration will be Hong Kong SARbut the Arbitrator may decide for the purpose of expediting any hearing or saving costs to hear witnesses or oral argument or consult with an Assessor(if appointed)at any place the Arbitrator deems appropriate having regard to the circumstances of the arbitration。

  15.1The language of the arbitration shall be English and all written communications and statements,and all hearings shall be conducted in the English language unless the parties and the Arbitrator otherwise agree。

  15.2The Arbitrator may order that any documents other than written statements which are produced in the course of the arbitration in their original language shall be accompanied by a translation into the language of the arbitration,such translation to be certified if not agreed。

  15.3Unless the Arbitrator otherwise orders,witnesses shall be entitled to give their evidence in the language of their choice and the Arbitrator may order the translation of that evidence into the language of the arbitration by a suitably qualified person。

  15.4The cost of translating documents pursuant to Article15.2and oral testimony pursuant to Article15.3shall,in the first instance,unless the Arbitrator orders otherwise,be borne by the party seeking to rely upon the relevant document or testimony。Nothing in this Article shall derogate from the powers of the Arbitrator pursuant to Article20。

  16.1The Secretary General or his designate may direct the parties,in such proportions as he deems just,to make one or more deposits to secure the Arbitrators fees and expenses and those of the HKIAC。Such deposits shall be made to and held by the HKIACand may be drawn from as required by the Arbitrator and the HKIAC。Interest on sums deposited,if any,shall be accumulated to the deposits。

  16.2In the event that a party fails to make a deposit directed by the Secretary General or his designate in accordance with Article16.1,it shall be open to any other party to make that deposit。

  16.3When a direction to make a deposit has not been complied with,and after consultation with the Arbitrator,the Secretary General or his designate may direct the Arbitrator to suspend its work and set a time limit,which must be not less than14days,on the expiry of which the relevant claims,or counterclaims,shall be deemed to be withdrawn。Should any party wish to object to this measure it must make a request within the aforementioned period for the matter to be decided by the Secretary General or his designate。Aparty shall not be prevented on the ground of such deemed withdrawal from relying upon the same claims or counterclaims in other proceedings or from issuing a new Notice of Arbitration in respect of the same claims or counterclaims。

  17.1The Arbitrator shall make his award in writing and,unless all the parties agree otherwise,shall state the reasons upon which the award is based。The award shall be dated and signed by the Arbitrator。The award shall be deemed to be made in Hong Kong SAR。

  17.2The Arbitrator shall notify the Secretary General or his designate who shall notify the parties as soon as the award is ready for collection but shall not be obliged to deliver the award unless appropriate fees and expenses have been paid by the parties or by one of them。

  17.3The Arbitrator may make interim awards including separate awards on different issues at different times。

  17.4If,before an award/interim award is made,the parties agree on a settlement of the dispute,the Arbitrator shall either issue an order for termination of the arbitration or,if requested by both parties and accepted by the Arbitrator,record the settlement in the form of a consent award。The Arbitrator shall then be discharged and the reference to arbitration concluded,subject to payment by the parties of all outstanding fees and expenses of the Arbitrator and the HKIAC。

  17.5The time limit within which the Arbitrator must render a final Award under these Rules is six months from the date the Arbitrator is appointed。The Secretary General or his designate may extend this time limit pursuant to a reasoned request from the Arbitrator or on its own initiative if he decides it is necessary to do so。

  17.6An original of each Award made in accordance within these Rules shall be deposited with the HKIAC。

  17.7Every Award shall be binding on the parties。By submitting the dispute to arbitration under the Rules,the parties undertake to carry out any Award without delay and shall be deemed to have waived their right to any form of recourse in so far as such waiver can validly be made。

  Article18Interpretation of Awards,Correction of Awards and Additional Awards

  18.1Within14days of receiving an award,unless another period of time has been agreed upon by the parties,a party may by written notice to the Secretary General or his designate and the other party request the Arbitrator to give an interpretation of the award。Such party may also request the Arbitrator to correct in the award any errors in computation,any clerical or typographical errors or any errors of a similar nature。If the Arbitrator considers the request to be justified,he shall provide an interpretation or correction within14days of receiving the request。Any interpretation or correction shall be given in writing and shall be notified in writing to the Secretary General or his designate who shall transmit the same to the parties。Any interpretation or correction shall take the form of an addendum and shall become part of the award。

  18.8The Arbitrator may correct any error of the type referred to in Article17.1on his own initiative within14days of the date of the award。

  18.3Unless otherwise agreed by the parties,a party may by notice to the Secretary General or his designate,request the Arbitrator,within14days of the date of the award,and with written notice to the other party,to make an additional award as to claims presented in the reference to arbitration but not dealt with in the award。If the Arbitrator considers the request to be justified,he shall notify the Secretary General or his designate within7days who shall transmit such notification to the parties。The Arbitrator shall make the additional award within28days。

  18.4The provisions of Article17shall apply to any interpretation or correction of the award and to any additional award。

  Any party may at any time avail himself of the procedure for payment into court pursuant to the provisions of Order73of the Rules of the High Court of Hong Kong,although the Arbitrator may take account of any written offer of settlement where a payment into court could have been made。

  20.1The costs of arbitration shall include the fees and expenses of the Arbitrator and the Secretary General or his designate administrative expenses fixed by the HKIACwhich shall be determined having regard to the Fee Schedule as shown in Appendix A(“Arbitration Costs and Administrative Fees Schedule”)together with the costs of any Assessor,transcriber or translator,save that the HKIACmay,having regard to the complexity and circumstances of the case,fix the fees of the Arbitrator at a sum higher or lower than that indicated by the Fee Schedule。

  20.2The Arbitrator shall specify in the award the total amount of the costs of the Arbitration。Unless the parties shall agree otherwise after the dispute has arisen,the Arbitrator shall determine the proportions in which the parties shall pay such costs,provided that the parties will be jointly and severally liable to the HKIACfor payment of all such costs until they have been paid in full。If the Arbitrator has determined that all or any of such costs be paid by any party other than a party which has already paid them to the Arbitrator or the HKIAC,the latter party shall have the right to recover the appropriate amount from the former。

  20.3Unless the parties shall agree otherwise after the dispute has arisen,the Arbitrator may order in the award that all or a part of the legal or other costs of one party reasonable in amount and reasonably incurred shall be paid by the other party。The Arbitrator also has power to tax these costs and shall do so if requested by the parties。

  20.4If an arbitration is abandoned,suspended or concluded,by agreement or otherwise,before the final award is made,the parties shall be jointly and severally liable to pay to the HKIACthe costs of the Arbitration as determined by the Arbitrator。

  Unless otherwise agreed by the parties,the Arbitrator may order that compound interest be paid。

  22.1Without prejudice to any existing rule of law,the Arbitrator shall not be liable to any party for any act or omission in connection with any arbitration conducted under the Rules,save for the consequences of fraud or dishonesty。

  22.2The HKIACand its Secretary General shall not be liable to any party for any act or omission in connection with any arbitration conducted under the Rules,save for the consequences of fraud or dishonesty。

  22.3After an award has been made and the possibilities of interpretation,correction and additional awards referred to in Article17have lapsed or been exhausted,the Arbitrator,the HKIACand its Secretary General shall not be under any obligation to make any statement to any person about any matter concerning the arbitration,and no party shall seek to make the Arbitrator,the HKIACor its Secretary General or his designate a witness in any legal proceedings arising out of the arbitration。

  Aparty which knew or ought to have known of non-compliance with the Rules and yet proceeds with the arbitration without promptly stating its objection to such non-compliance,shall be deemed to have waived its right to object。The Arbitrator shall determine any issue which may arise as to whether a party has waived its right to object to the non-compliance by any other party。

  The HKIACmay destroy all documents served on it pursuant to the Rules after the expiry of

  a period of one year after the date of the last correspondence received by the HKIACrelating

  to the arbitration。

  Article25Interpretation and General Clauses Ordinance

  The Interpretation and General Clauses Ordinance(or any statutory modification or reenactment thereof for the time being in force)shall apply to these Rules。

  No information relating to the arbitration shall be disclosed by any person without the written consent of each and every party to the arbitration。

  The HKIACmay amend the Rules from time to time at its sole discretion。

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  *The HKIACwill require payment of an appointment fee for the use of its services as Appointing Authority as set out in the Arbitration Costs and Administrative Fees Schedule。

  **As defined under“The New Shorter Oxford English Dictionary,Edition1993”as(1)Aperson who sits as assistant or adviser to a judge or magistrate on technical points。(2)Aperson who sits beside another;a person who shares another’s position。

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  APPENDIX A

  (Adopted to take effect from1January2002)

  This Arbitration Costs and Administrative Fees Schedule governs arbitrations conducted under the Hong Kong International Arbitration Centre(HKIAC)Electronic Transaction Arbitration Rules(“the Rules”)。All fees are in Hong Kong dollars。

  1、Any party wishing to commence an arbitration pursuant the Rules must submit a filing fee of HK$1000made payable to the Hong Kong International Arbitration Centre(HKIAC)。Such payment is non-refundable。

  2、Any application submitted by any party to the HKIACto act as Appointing Authority in accordance with the Rules shall be accompanied by an appointment fee of HK$4000made payable to the HKIAC。Such payment is non-refundable。

  3、Amounts fixed by the HKIACto be paid to the Arbitrator do not include any possible value-added taxes(VAT)or other taxes or charges and imposts applicable to the Arbitrator’s fee。Parties are expected to pay any such taxes or charges,however,the recovery of any such charges or taxes is a matter solely between the Arbitrator and the parties。

  4、Fees to be paid to the HKIACin accordance with the HKIAC Electronic Transaction Arbitration Rules shall be paid free of any bank charges,transfer fees or any withholdings in Hong Kong Dollars(HK$)only by cheque,draft or telegraphic transfer。Cheques and draft are to be made payable to the“Hong Kong International Arbitration Centre”Telegraphic transfers shall be made as follows:

  Account Name:Hong Kong International Arbitration Centre

  Account Number:004567190897001

  HSBC

  1,Queens Road,Central,Hong Kong

  5、The fees to be paid to the HKIACdo not include any payments,which a Party might have to be made to a lawyer or representative representing such party。Such fees are purely a matter for each party。

  6、Arbitration Costs and Administrative Fees Schedule set forth below shall be effective as of1January2002in respect of all arbitrations commenced on or after such date,irrespective of the version of the Rules applying to such arbitrations。

  7、The HKIACmay amend the Arbitration Costs and Administrative Fees Schedule from time to time at its sole discretion。