Arbitration Law of the Peoples Republic of China-Law Bridge-Shanghai Law Firm/Lawyer

　Chapter I General Provisions

Article 1
　　This Law is formulated in order to ensure that economic disputes shall
be impartially and promptly arbitrated, to protect the　legitimate　rights
and interests of　the　relevant　parties　and　to　guarantee　the　healthy
development of the socialist market economy.
Article 2
　　 Disputes　over　contracts　and　disputes　over　property　rights　and
interests between citizens, legal persons and other organizations as equal
subjects of law may be submitted to arbitration.
Article 3
　　The following disputes shall not be submitted to arbitration:
　　1. disputes over marriage, adoption, guardianship,
　　child maintenance and inheritance; and
　　2. administrative disputes falling within the jurisdiction
　　of the relevant administrative organs according to
　　law.
Article 4
　　The parties adopting arbitration for dispute settlement shall reach an
arbitration agreement　on　a　mutually　voluntary　basis.　An　arbitration
commission shall not accept an application for　arbitration　submitted　by
one of the parties in the absence of an arbitration agreement.
Article 5
　　A people's court shall not accept an action initiated by　one　of　the
parties if the parties have concluded an arbitration agreement, unless the
arbitration agreement is invalid.
Article 6
　　An　arbitration　commission　shall　be　selected　by　the　parties　by
agreement.
　　The jurisdiction by level system and the district jurisdiction　system
shall not apply in arbitration.
Article 7
　　Disputes shall be fairly and reasonably settled by arbitration on　the
basis of facts and in accordance with　the　relevant　provisions　of　law.
Article 8
　　Arbitration shall be conducted in accordance with the law, independent
of any intervention by　administrative　organs,　social　organizations　or
individuals.
Article 9
　　The　single　ruling　system　shall　be　applied　in　arbitration.　The
arbitration commission shall not accept any application　for　arbitration,
nor shall a people's court accept any action submitted　by　the　party　in
respect of the same dispute after an arbitration award　has　already　been
given in relation to that matter.
　　If the arbitration award is　canceled　or　its　enforcement　has　been
disallowed by a people's court in accordance with　the　law,　the　parties
may, in accordance with　a　new　arbitration　agreement　between　them　in
respect of the　dispute,　 re-apply　for　arbitration　or　initiate　legal
proceedings with the people's court.

　Chapter II Arbitration Commissions and Arbitration Association

Article 10
　　Arbitration commissions　may　be　established　in　the　municipalities
directly under the Central Government,　in the　municipalities　where　the
people's governments of provinces and autonomous regions are　located　or,
if　necessary,　in　other　cities　divided　into　districts.　 Arbitration
commissions shall not be established at each level of　the　administrative
divisions.
　　The people's governments of the municipalities and cities specified in
the above paragraph　shall　organize　the　relevant　departments　and　the
Chamber of Commerce for the formation of an arbitration commission.
　　The establishment of an arbitration　commission　shall　be　registered
with the judicial administrative　department　of　the　relevant　province,
autonomous region or municipalities directly under the Central Government.
Article 11
　　An arbitration commission shall fulfil the following conditions:
　　1. it must have its own name, domicile and Articles of Association;
　　2. it must possess the necessary property;
　　3. it must have its own members; and
　　4. it must have arbitrators for appointment.
　　The articles of association of the an arbitration commission shall　be
formulated in accordance with this Law.
Article 12
　　An arbitration commission shall　comprise　a　chairman,　two　to　four
vice-chairmen and seven to eleven members.
　　The chairman, vice-chairmen and members of an　arbitration　commission
must be persons specialized in law,　economic and trade　and　persons　who
have actual working experience. The number of specialists in law, economic
and trade shall　not　be　less　than　two-thirds　of　the　members　of　an
arbitration association.
Article 13
　　The arbitration commission shall appoint fair and honest person as its
arbitrators.
　　Arbitrators must fulfil one of the following conditions:
　　1. they have been engaged in　arbitration　work　for　at　least　eight
years;
　　2. they have worked as a lawyer for at least eight years;
　　3. they have been a judge for at least eight years;
　　4. they are engaged in legal research or legal teaching and in　senior
positions; and
　　5. they have legal knowledge and　are　engaged　in　professional　work
relating to economics and　trade,　and　in　senior　positions　or　of　the
equivalent professional level.
　　The arbitration commission　shall　establish　a　list　of　arbitrators
according to different professionals.

Article 14
　　Arbitration commissions are independent of administrative　organs　and
there are no subordinate relations　with　any　administrative　organs　nor
between the different arbitration commissions.
Article 15
　　The China Arbitration Association is a social　organization　with　the
status of a legal person. Arbitration commissions are members of the China
Arbitration　Association.　The　Articles　of　Association　of　the　 China
Arbitration Association　shall　be　formulated　by　the　national　general
meeting of the members.
　　The China Arbitration Association is　an　organization　in　charge　of
self-regulation　of　the　arbitration　commissions.　 It　 shall　 conduct
supervision over the conduct (any breach of discipline) of the arbitration
commissions and their members　and　arbitrators　in　accordance　with　its
articles of association.
　　The China Arbitration Association shall formulate Arbitration Rules in
accordance with this Law and the Civil Procedure Law.

　Chapter III Arbitration Agreement

Article 16
　　 An　arbitration　agreement　shall　include　the　arbitration　clauses
provided in the contract and any other written form of agreement concluded
before or after the disputes providing for submission to arbitration.
　　The following contents shall be included in an arbitration agreement:
　　1. the expression of the parties' wish to submit to arbitration;
　　2. the matters to be arbitrated; and
　　3. the Arbitration Commission selected by the parties.
Article 17
　　An arbitration agreement shall be invalid under any of　the　following
circumstances:
　　1. matters agreed　upon　for　arbitration　are　beyond　the　scope　of
arbitration prescribed by law;
　　2. an arbitration agreement　concluded　by　persons　without　or　with
limited capacity for civil acts; and
　　3. one party forces the other party to sign an　arbitration　agreement
by means of duress.
Article 18
　　If the arbitration matters　or　the　arbitration　commission　are　not
agreed upon by the parties　in　the　arbitration　agreement,　or,　if　the
relevant　provisions　are　not　clear,　the　parties　may　supplement　the
agreement. If the parties fail to agree upon the supplementary agreement,
the arbitration agreement shall be invalid.
Article 19
　　An arbitration agreement shall exist independently.　Any　changes　to,
rescission, termination or invalidity of the contract shall not affect the
validity of the arbitration agreement.
　　An arbitration tribunal has the right to rule on　the　validity　of　a
contract.
Article 20
　　If the parties object to the validity of　the　arbitration　agreement,
they may apply to the arbitration　commission　for　a　decision　or　to　a
people's court for a　ruling.　If　one　of　the　parties　submits　to　the
arbitration commission for a decision, but the other party　applies　to　a
people's court for a ruling, the people's court shall give the ruling.
　　If the parties contest the validity of the arbitration agreement,　the
objection shall be made before the start　of　the　first　hearing　of　the
arbitration tribunal.

　Chapter IV Arbitration Procedure

　Section 1: Application and Acceptance for Arbitration

Article 21
　　The parties　applying　for　arbitration　shall　fulfil　the　following
conditions:
　　1. they must have an arbitration agreement;
　　2. they must have a specific claim with facts and　argument　on　which
the claim is based; and
　　3. the arbitration must be within the jurisdiction of the　arbitration
commission.
Article 22
　　The party applying for arbitration　shall　submit　to　an　arbitration
commission the arbitration agreement,　an application for arbitration　and
copies thereof.
Article 23
　　An arbitration application shall state clearly the following:
　　1. the name, sex, age, occupation, work unit and address of the party,
the name address and legal representative of the　legal　person　or　other
organization and the name and position of its person-in charge;
　　2. the arbitration claim and the facts and argument on which the claim
is based; and
　　3. evidence and the source of evidence, the name and　address　of　the
witness (es).
Article 24
　　Within 5 days from the date of receiving the arbitration　application,
the arbitration commission shall notify the parties that it considers　the
conditions for acceptance have been fulfilled, and that the application is
accepted　by　it.　If　the　arbitration　commission　considers　that　 the
conditions have not been fulfilled, it shall notify the parties in writing
of its rejection, stating its reasons.
Article 25
　　Upon　acceptance　of　an　arbitration　application,　 the　arbitration
commission shall, within the time limit provided by the Arbitration Rules,
serve a copy of the Arbitration Rules and the list of arbitrators　on　the
applicant,　 and　serve　a　copy　of　the　arbitration　application,　 the
Arbitration Rules and the list of arbitrators on the respondent.
　　Upon receipt of a copy of the arbitration application,　the respondent
shall, within the time limit prescribed by the Arbitration　Rules,　submit
its defence to the arbitration commission. Upon receipt　of　the　defence,
the arbitration commission shall, within the time limit prescribed by　the
Arbitration Rules, serve a copy of the reply on the applicant. The failure
of the respondent to submit a defence shall not affect the　proceeding　of
the arbitration procedures.

Article 26
　　Where the parties had agreed on an arbitration agreement, but　one　of
the parties initiates an action before a people's　court　without　stating
the existence of the arbitration　agreement,　the　people's　court　shall,
unless the arbitration agreement is invalid,　reject　the　action　if　the
other party submits to the court　the　arbitration　agreement　before　the
first hearing of the case. If the other　party　fails　to　object　to　the
hearing by the people's court before the first　hearing,　the　arbitration
agreement shall be considered to have been waived by　the　party　and　the
people's court shall proceed with the hearing.
Article 27
　　The　applicant　may　abandon　or　alter　his　arbitration　claim.　The
respondent may accept the arbitration claim or object　to　it.　It　has　a
right to make a counterclaim.
Article 28
　　A party may apply for property preservation if, as the　result　of　an
act of the other party or for some other reasons, it appears that an award
may be impossible or difficult to enforce.
　　If　one　of　the　parties　applies　for　property　preservation,　 the
arbitration commission shall submit to a people's court the application of
the party　in　accordance　with　the　relevant　provisions　of　the　Civil
Procedure Law.
　　If a property preservation order is　unfounded,　the　applicant　shall
compensate the party against whom　the　order　was　made　for　any　losses
sustained as a result of the implementation of the　property　preservation
order.
Article 29
　　The parties and their legal representatives　may　appoint　lawyers　or
engage agents to handle matters relating to the arbitration. In the　event
that a lawyer or an agent is appointed to handle the arbitration　matters,
a　letter　of　authorization　shall　be　submitted　to　 the　 arbitration
commission.

　Section 2: Composition of the Arbitration Tribunal

Article 30
　　 An　arbitration　tribunal　may　comprise　three　arbitrators　or　one
arbitrator. If an arbitration　tribunal　comprises　three　arbitrators,　a
presiding arbitrator shall be appointed.
Article 31
　　If the parties agree to form an arbitration tribunal comprising　three
arbitrators, each party shall select or　authorize　the　chairmen　of　the
arbitration commission to appoint one　arbitrator.　The　third　arbitrator
shall be selected jointly by the parties or be nominated by　the　chairman
of the arbitration commission in accordance with a joint mandate given　by
the parties. The third arbitrator shall be the presiding arbitrator.
　　If the parties agree to have one arbitrator　to　form　an　arbitration
tribunal, the arbitrator shall be selected jointly by the　parties　or　be
nominated by the chairman of the arbitration commission in accordance with
a joint mandate given by the parties.

Article 32
　　If　the　parties　fail,　within　the　time　limit　prescribed　by　the
Arbitration　Rules,　to　select　the　form　of　the　constitution　of　the
arbitration tribunal or fail to select the　arbitrators,　the　arbitrators
shall be appointed by the chairman of the arbitration commission.
Article 33
　　After　the　arbitration　tribunal　is　constituted,　 the　arbitration
commission shall notify the parties in writing of the composition　of　the
arbitration tribunal.
Article 34
　　In any of the following circumstances,　an　arbitrator　must　withdraw
from the arbitration, and the parties shall have the right　to　apply　for
his withdrawal if he:
　　1. is a party or　a　close　relative　of　a　party　or　of　a　party's
representative;
　　2. is related in the case;
　　3. has some other relationship with a party to　the　case　or　with　a
party's　agent　which　could　possibly　affect　the　impartiality　of　the
arbitration;
　　4. meets a party or his agent in private, accepts　an　invitation　for
dinner by a party or his representative or accepts gifts presented by　any
of them.
Article 35
　　When applying for the withdrawal of　an　arbitrator,　the　petitioning
party shall state his reasons and submit a withdrawal　application　before
the first hearing. A withdrawal application may also be　submitted　before
the conclusion of the last hearing if　reasons　for　the　withdrawal　only
became known after the start of the first hearing.
Article 36
　　Whether an arbitrator is withdrawn or not shall be determined　by　the
chairman of the arbitration commission.　If　chairman　is　serving　as　an
arbitrator, the withdrawal or not shall be determined collectively by　the
arbitration commission.
Article 37
　　If an arbitrator is unable to perform his duties as an arbitrator as a
result of the withdrawal or any other reasons, another arbitrator shall be
selected or appointed in accordance with the provisions of this Law.
　　After a replaced arbitrator has been selected or　appointed　following
the withdrawal of an arbitrator, the　parties　may　apply　to　resume　the
arbitration procedure. The arbitration tribunal　shall　determine　whether
the resumption of the procedure may be allowed. The　arbitration　tribunal
may determine on its　own　whether　the　arbitration　procedure　shall　be
resumed.

Article 38
　　An arbitrator involved in one of the circumstances described　in　Item
4, Article 34, if it is serious,　or those described in　Item　6,　Article
58, such arbitrator shall be legally liable in accordance　with　the　law.
The arbitration　commission　shall　remove　his　name　from　the　list　of
arbitrators.

　Section 3: Hearing and Arbitral Awards

Article 39
　　An arbitration tribunal shall hold　a　tribunal　session　to　hear　an
arbitration case. If　the　parties　agree　not　to　hold　a　hearing,　the
arbitration　tribunal　may　render　an　award　in　accordance　 with　 the
arbitration　application,　the　defence　statement　and　other　documents.
Article 40
　　An arbitration shall not be conducted in public. If the parties　agree
to a public hearing, the arbitration may proceed in public,　except　those
concerning state secrets.
Article 41
　　The arbitration commission shall notify the　two　parties　within　the
time limit provided by the Arbitration Rules of the date of　the　hearing.
Either party may request to postpone the hearing with in　the　time　limit
provided by the Arbitration Rules　if　there　is　a　genuine　reason.　The
arbitration tribunal shall decide whether to postpone the hearing.
Article 42
　　If the applicant for arbitration　who　has　been　given　a　notice　in
writing does not appear before　the　tribunal　without　good　reasons,　or
leaves the tribunal room during a hearing without the　permission　of　the
arbitration tribunal, such applicant shall be deemed as　having　withdrawn
his application.
　　If the party against whom the application was made was served　with　a
notice in writing but does not appear　before　the　tribunal　without　due
reasons　or　leaves　the　tribunal　room　during　a　hearing　without　the
permission of the arbitration tribunal, an award by default may be　given.
Article 43
　　The parties shall produce evidence in support of their claims.
　　An arbitration tribunal may collect on its own evidence　it　considers
necessary.
Article 44
　　For specialized　matters,　an　arbitration　tribunal　may　submit　for
appraisal to an appraisal organ agreed upon　by　the　parties　or　to　the
appraisal organ appointed by the arbitration tribunal　if　it　deems　such
appraisal to be necessary.
　　According　to　the　claim　of　the　parties　or　the　request　of　the
arbitration tribunal, the appraisal organ shall appoint　an　appraiser　to
participate in　the　hearing.　Upon　the　permission　of　the　arbitration
tribunal, the parties may question the appraiser.

Article 45
　　Any evidence shall be produced　at　the　start　of　the　hearing.　The
parties may challenge the validity of such evidence.
Article 46
　　In the event that the evidence might be destroyed or if　it　would　be
difficult to obtain the evidence later on, the parties may apply　for　the
evidence to be preserved. If the parties apply for such preservation,　the
arbitration commission shall submit the　application　to　the　basic-level
people's court of the place where the evidence is located.
Article 47
　　The parties have the right to argue during an　arbitration　procedure.
At the end of the debate,　the presiding arbitrator or the sole arbitrator
shall ask for the final opinion of the parties.
Article 48
　　An arbitration tribunal shall make a written record of the hearing. If
the parties or other participants to the　arbitration　consider　that　the
record has omitted a part of their statement or is incorrect in some other
respect, they shall have the right to request correction　thereof.　If　no
correction is made, the request for　correction　shall　be　noted　in　the
written record.
　　The arbitrators, recorder,　parties　and　other　participants　to　the
arbitration shall sign or affix their seals to the record.
Article 49
　　After the submission of an arbitration application,　the　parties　may
settle　the　dispute　among　themselves　 through　 conciliation.　 If　 a
conciliation agreement has been reached, the　parties　may　apply　to　the
arbitration tribunal for an award based　on　the　conciliation　agreement.
Then may also withdraw the arbitration application.
Article 50
　　If the parties fall back on their words　after　the　conclusion　of　a
conciliation agreement and the withdrawal of the arbitration　application,
application may be made for arbitration in accordance with the arbitration
agreement.
Article 51
　　Before giving an award, an arbitration tribunal may first　attempt　to
conciliate.　If　the　parties　apply　for　conciliation　voluntarily,　the
arbitration tribunal shall conciliate. If conciliation is unsuccessful, an
award shall be made promptly.
　　 When　a　settlement　agreement　is　reached　by　conciliation,　　the
arbitration tribunal shall prepare the conciliation statement or the award
on the basis of the results of the settlement　agreement.　A　conciliation
statement shall have the same legal force as that of an award.

Article 52
　　A conciliation statement shall set forth the　arbitration　claims　and
the results　of　the　agreement　between　the　parties.　The　conciliation
statement shall be signed by the arbitrators, sealed　by　the　arbitration
commission,　and served on both parties.
　　A conciliation statement shall　have　legal　effect　once　signed　and
accepted by the parties.
　　If the parties fall　back　on　their　words　before　the　conciliation
statement is singed and accepted by them, an award shall be　made　by　the
arbitration tribunal promptly.
Article 53
　　An award shall be based on the opinion of　the　majority　arbitrators.
The opinion of the minority arbitrators shall be recorded in　writing.　If
an opinion of the minority arbitrators shall be recorded in writing. If an
opinion of　the　majority　arbitrators　can　not　be　constituted　at　the
tribunal, the award shall　be　given　according　to　the　opinion　of　the
presiding arbitrator.
Article 54
　　The arbitration claims, the matters in dispute, the grounds upon which
an award is given, the results of the judgement,　the　responsibility　for
the arbitration fees and the date of the award shall be set forth　in　the
award. If the parties agree not to include in the　award　the　matters　in
dispute and the grounds on which the award is based, such matters may　not
be stated in the award. The award shall be signed by the　arbitrators　and
sealed by the arbitration commission. The arbitrator　who　disagrees　with
the award may select to sign or not to sign it.
Article 55
　　During the course of arbitration by an arbitration tribunal,　where　a
part of facts has been made clear, a partial award may first be　given　in
relation to that part.
Article 56
　　The parties may, within 30 days of the receipt of the　award,　request
the arbitration tribunal to correct any typographical errors,　calculation
errors or matters which had been awarded but omitted in the award.
Article 57
　　An award shall be legally effective on the date it is given.

　Chapter V Application for Cancellation of an Award

Article 58
　　The parties may apply to the intermediate people's court at the　place
where the arbitration commission is located for cancellation of　an　award
if they provide evidence proving　that　the　award　involves　one　of　the
following circumstances:
　　1. there is no arbitration agreement between the parties;
　　2. the matters of the award are beyond the extent of　the　arbitration
agreement or not within the jurisdiction of the arbitration commission;
　　3. the composition of the　arbitration　tribunal　or　the　arbitration
procedure is in contrary to the legal procedure;
　　4. the evidence on which the award is based is falsified;
　　5. the other party has　concealed　evidence　which　is　sufficient　to
affect the impartiality of the award; and
　　6. the arbitrator(s) has (have) demanded or accepted bribes, committed
graft or perverted the law in making the arbitral award.
　　The peoples' court shall rule to cancel the award if the existence　of
one of the circumstances prescribed in the preceding clause　is　confirmed
by its collegiate bench.
　　The people's court shall rule to cancel the award if it holds that the
award is contrary to the social and public interests.
Article 59
　　If a party applies for cancellation of an award, an application　shall
be submitted within 6 months after receipt of the award.
Article 60
　　The people's court　shall,　within　2　months　after　receipt　of　the
application　for　cancellation　of　an　award,　render　its　decision　for
cancellation of the award or for rejection of the application.
Article 61
　　If the people's court holds that the case may be re-arbitrated by　the
arbitration tribunal after receipt of the application for cancellation　of
an　award,　the　court　shall　 inform　 the　 arbitration　 tribunal　 of
re-arbitrating the case within a　certain　period　of　time　and　rule　to
suspend the cancellation procedure. If the arbitration tribunal refuses to
re-arbitrate, the people's court shall rule　to　resume　the　cancellation
procedure.

　Chapter VI Enforcement

Article 62
　　The parties shall execute an arbitration award. If one party fails　to
execute the award, the other party may　apply　to　a　people's　court　for
enforcement in accordance　with　the　relevant　provisions　of　the　Civil
Procedure Law, and the court shall enforce the award.
Article 63
　　A people's court shall, after　examination　and　verification　by　its
collegiate bench, rule not to enforce an award if the party　against　whom
an application for enforcement is made provides evidence proving that　the
award involves one of the circumstances prescribed in　Clause　2,　Article
217 of the Civil procedure Law.
Article 64
　　If one party applies for enforcement of an award while the other party
applies for cancellation of the award, the people's court　receiving　such
application shall rule to suspend enforcement of the award.
　　If a people's court rules　to　cancel　an　award,　it　shall　rule　to
terminate enforcement. If the people's court overrules the application for
cancellation of an award, it shall rule to resume enforcement.

　Chapter VII Special provisions on Foreign-Related Arbitration

Article 65
　　The provisions of this Chapter　shall　apply　to　all　arbitration　of
disputes arising from foreign economic,　trade, transportation or maritime
matters. In the absence of provisions　in　this　Chapter,　other　relevant
provisions of this Law shall apply.
Article 66
　　A foreign arbitration commission may be organized and　established　by
the China International Chamber of Commerce.
　　A foreign arbitration commission shall comprise one chairman,　several
vice-chairmen and several committee members.
　　The chairman, vice-chairmen and committee members may be appointed　by
the China International Chamber of Commerce.
Article 67
　　 A　foreign　arbitration　commission　may　appoint　 foreigners　 with
professional knowledge in such fields as law, economic and trade,　science
and technology as arbitrators.
Article 68
　　If the parties to a foreign-related　arbitration　apply　for　evidence
preservation,　the　foreign　arbitration　commission　shall　submit　their
applications to the intermediate people's court in　the　place　where　the
evidence is located.
Article 69
　　The arbitration tribunal　of　a　foreign　arbitration　commission　may
record the details of the hearing in writing or record the　essentials　of
the hearing in writing. The written record　of　the　essentials　shall　be
signed or sealed by the parties and other participants in the arbitration.
Article 70
　　A people's court shall, after　examination　and　verification　by　its
collegiate bench, rule to cancel an award if a party to the case　provides
evidence　proving　that　the　arbitration　award　involves　one　 of　 the
circumstances prescribed in Clause 1, Article 260 of the Civil Procedure
Law.
Article 71
　　A people's court shall, after　examination　and　verification　by　its
collegiate bench, rule not to enforce an award-if the party　against　whom
an application is made provides　evidence　proving　that　the　arbitration
award involves one of the circumstances prescribed in Clause　1,　 Article
260 of the Civil Procedure Law.
Article 72
　　Where the party subject to enforcement or its property is　not　within
the territory of the People's Republic of China, a party applying for　the
enforcement of a legally effective arbitration award shall apply　directly
to the foreign court having jurisdiction for recognition　and　enforcement
of the award.

Article 73
　　Foreign arbitration rules may be formulated by the China International
Chamber　of　Commerce　in　accordance　with　this　Law　and　the　relevant
provisions of the Civil Procedure Law.

　Chapter VIII Supplementary Provisions

Article 74
　　If the law has stipulated　a　time　limitation　of　arbitration,　such
provisions of the law shall apply. If the law has not　stipulated　a　time
limitation of arbitration,　the provisions on the　limitation　of　actions
shall apply.
Article 75
　　The arbitration Commission may formulate provisional arbitration rules
in accordance with this Law and　the　relevant　provisions　of　the　Civil
Procedure Law before the formulation of the arbitration rules by the China
Arbitration Association.
Article 76
　　The parties shall pay arbitration fees in accordance with the relevant
provisions.
　　The methods for the collection of arbitration fees shall be　submitted
to the commodity prices administration department for approval.
Article 77
　　 Arbitration　of　labor　disputes　and　disputes　over　contracts　for
undertaking agricultural projects within agricultural collective　economic
organizations shall be separately stipulated.
Article 78
　　In the　event　of　conflict　between　the　provisions　on　arbitration
formulated before the coming into effect of this Law and the provisions of
this Law, the provisions of this Law shall prevail.
Article 79
　　Arbitration organs established before the coming into effect　of　this
Law in the municipalities directly under the Central　Government,　in　the
municipalities　where　the　people's　governments　of　the　provinces　 or
autonomous regions and in other cities　divided　into　districts　must　be
re-organized in accordance with the relevant provisions of this　Law.　The
arbitration organs which are not re-organized shall be terminated　at　the
expiration of one year after the date of effectiveness of this Law.
　　All other arbitration organs established before the implementation　of
this Law and not conforming　to　the　provisions　of　this　Law　shall　be
terminated on the date of effectiveness of this Law.
Article 80
　　This Law shall be effective as of September 1, 1995.