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Sports Arbitration Rules, adopted at the second executive meeting of the General Administration of Sport of China on December 22, 2022, is hereby promulgated and shall enter into force on January 1, 2023.
Chapter 1 General Provisions
Article 1
These Rules are formulated in accordance with the Law of the People's Republic of China on Sports ("the Sports Law") and other applicable laws to ensure the impartial and timely resolution of sports-related disputes, while safeguarding the legitimate rights and interests of all parties involved.
Article 2
The China Commission of Arbitration for Sport ("CCAS") is domiciled in Beijing, People's Republic of China, and is organized and established by the General Administration of Sport of China ("GASC").
Article 3
CCAS accepts the following cases:
(1) disputes arising from dissatisfaction with the decisions made by social organizations in sports, athlete management entities or sports event organizers on disqualification for sports events, disqualification of outs or ineligibility in accordance with the regulations on doping control or other regulations;
(2) disputes arising from the registration or exchange of athletes; or
(3) other disputes arising in competitive sports activities.
The arbitrable disputes stipulated in the Arbitration Law of the People's Republic of China and labor disputes stipulated in the Labor Dispute Mediation and Arbitration Law of the People's Republic of China shall not fall within the scope of sports arbitration.
Article 4
Where the parties jointly submit a dispute to CCAS for arbitration, they shall be deemed to have agreed to arbitrate under these Rules.
Where the parties agree to arbitrate under these Rules without specifying the arbitration institution, or if the designated institution's name is inaccurate but can be identified as CCAS, they shall be deemed to have agreed to arbitrate by CCAS.
Article 5
CCAS shall maintain a published Panel of Arbitrators of the China Commission of Arbitration for Sport (“Panel").
CCAS may establish specialized panels within the Panel, such as a Panel of Anti-Doping Arbitrators.
Article 6
Arbitrators of CCAS shall be just and upright, who meet at least one of the following qualifications:
(1) have practiced as a lawyer for at least eight years;
(2) have served as a judge for at least eight years;
(3) have obtained legal professional qualifications through the National Unified Legal Professional Qualification Examination and have been engaged in arbitration work for at least eight years;
(4) have possessed a senior professional title in legal or sports academic research or teaching; or
(5) have possessed legal knowledge and have been engaged in sports practice for at least eight years.
Article 7
The seat of arbitration shall be the location of CCAS, and all arbitral awards made by CCAS shall be deemed to have been made at the seat of arbitration.
Article 8
Any time limits specified in or determined under these Rules shall begin from the day following the commencement date of the period. The commencement date itself shall not be included in the time period.
In the event of the first day of the time limit is a public holiday or a non-business day at the place of service, the time limit shall commence on the first business day thereafter. If the last day of the time limit falls on a public holiday or a non-business day, the time limit shall expire on the first business day thereafter.
Time limits shall not include time in transit. Any arbitral document, notice, or material dispatched by mail or courier before the expiration of a time limit shall not be deemed late.
If a party fails to meet such a time limit due to force majeure or other just causes, the party may, within five days of the cessation of the impediment, request an extension of the time limit. The Chairperson of CCAS (“Chairperson”) or the arbitration tribunal shall decide on such requests.
Article 9
Arbitration documents may be served to the parties or their representatives by personal delivery, mail, facsimile, email, or any other means agreed upon by the parties. CCAS or the arbitration tribunal may determine the appropriate method of service based on the specific circumstances of the case.
Service on a party or its representative shall be deemed effective if:
l Personal Delivery: The documents are delivered directly to the recipient.
l Mail: The documents are sent to the recipient's address as indicated on their identification card, household registration, residence, business, or registration documents, or to any other address agreed upon by the parties for service.
l Facsimile or Email: The electronic transmission record confirms successful delivery.
If service cannot be effected by the means specified above, CCAS may deem service valid if it sends the documents by China Postal EMS, notarial service, entrusted service, or retention service, with a delivery record, to the recipient's last known address as indicated on their identification card, household registration, residence, business, or registration documents, or to any other address agreed upon by the parties for service.
Article 10
A party who knows or should have known that CCAS acceptance of a dispute or any decision by CCAS or the arbitration tribunal violates these Rules or the arbitration agreement, still participates or continues to participate in the arbitration proceedings without timely raising a written objection, shall be deemed to have waived the right to object.
Chapter 2 Basis of Acceptance and Jurisdiction
Article 11
The parties may apply to CCAS for arbitration in accordance with an arbitration agreement. An arbitration agreement includes an arbitration clause contained in a contract or a separate agreement expressing an intention to arbitrate, whether reached before or after the dispute arises.
An arbitration agreement shall be in writing.
A writing refers to any form that renders the content therein capable of being represented in a tangible form, including but not limited to a written agreement, letter, telex, facsimile, electronic data interchange, and email.
If one party asserts the existence of an arbitration agreement and the other party does not express the denial thereof during the exchange of the Request for Arbitration and the Statement of Defense, a written arbitration agreement shall be deemed to exist.
An arbitration clause contained in a contract or an arbitration agreement attached to a contract shall be treated as independent of and severable from other clauses of the contract. The validity of an arbitration clause or agreement shall not be affected by the modification, cancellation, termination, transfer, expiration, invalidity, ineffectiveness, rescission, or non-establishment of the contract.
Article 12
The parties may apply for sports arbitration based on the statutes of the relevant sports organization or the rules governing the sports event.
A sports arbitration clause contained within the regulations authorized by the statutes of a sports organization shall be deemed as a valid arbitration clause under that organization's statutes.
A sports arbitration clause included in a sports event entry form, participation agreement, or competition regulations or bylaws shall be deemed as a valid arbitration clause for the purposes of the sports event rules.
Article 13
The parties concerned who are not satisfied with the decision made by the social organizations in sports, athlete management entities or sports events organizers and who do not agree with the result of the resolution mechanism may, within 21 days from the date of receipt of the decision or dispute resolution result, apply for sports arbitration.
Article 14
Where there is no internal dispute resolution mechanism in a sports organization, or the internal dispute resolution mechanism fails to resolve disputes in time, the parties concerned may apply for sports arbitration with CCAS.
Where the parties apply for sports arbitration on the grounds of delay by the sports organization's internal dispute resolution mechanism, CCAS may accept the application if upon review finds the situation to be true and the requirements for arbitration are met.
Article 15
CCAS has the power to determine the existence, and the validity of an arbitration agreement and its jurisdiction over the dispute. CCAS may also delegate such power to the arbitration tribunal.
If CCAS is satisfied by prima facie evidence, that a valid arbitration agreement exists, it may decide that CCAS has jurisdiction over the case, and the arbitration shall proceed. Such a decision based on prima facie evidence shall not prevent the arbitration tribunal from making a new decision on jurisdiction based on facts or evidence during the proceedings, which may be inconsistent with the prima facie evidence.
In the event that the arbitration tribunal is delegated by CCAS to decide on jurisdiction, it may either make a decision on jurisdiction during the arbitral proceedings or incorporate the decision in the final award
Any objection by a party to the arbitration agreement or the jurisdiction over the case shall be raised in writing before the expiration of the time limit for submitting the Statement of Defense. The arbitration shall proceed notwithstanding an objection to the arbitration agreement or jurisdiction over the case. Such objections include objections to a party’s standing to participate in the arbitration.
If CCAS or the arbitration tribunal authorized by CCAS determines that it has no jurisdiction, the case shall be dismissed. The decision to dismiss the case shall be made by CCAS before the formation of the arbitration tribunal, or by the arbitration tribunal after its constitution, and shall bear the official seal of CCAS.
Chapter 3 Application and Acceptance
Article 16
A Claimant applying for arbitration under these Rules shall:
(1) submit a Request for Arbitration to CCAS, either directly or through an authorized representative(s). The Request for Arbitration shall include:
a. the full name, gender, age, occupation, employer, and address of each individual party, or the name, address, and legal representative or primary contact person's name, title, and contact information of any legal person or unincorporated organization involved;
b. the claim, the factual and legal grounds upon which the claim is based;
c. the evidence, the source of the evidence, the names and addresses of any witnesses, and their contact information.
(2) submit copies of the arbitration agreement, relevant statutes of sports organization, rules of sports event, or any other documents upon which the Request for Arbitration is based.
(3) provide proof of the claimant's identity.
(4) if the dispute arises from the dissatisfaction of a decision made by a sports organization, the claimant shall also submit a copy of such decision.
Article 17
Arbitration proceedings shall commence on the date CCAS receives the Request for Arbitration.
After receiving the Request for Arbitration within five days, if the requirements for acceptance have been met, CCAS shall accept the case and notify the parties accordingly, if the request does not meet the requirements, CCAS shall notify the Claimant in writing of the rejection and state the reasons.
Upon receipt of the Request for Arbitration, in the event CCAS finds that it does not comply with Article 16 of these Rules, CCAS may request the Claimant to rectify within a specified time limit. Failing which the Claimant shall be deemed to withdraw its Request for Arbitration. In such case, the Claimant’s request and its attachments will not be kept on file by CCAS.
Article 18
Upon accepting a Request for Arbitration, CCAS shall, within five days, send one copy of the Notice of Arbitration, these Rules, and the Panel to both parties. The Claimant's Request for Arbitration and its attachments shall also be forwarded to the Respondent simultaneously.
Article 19
The Respondent shall submit a Statement of Defense within fifteen days from the day of receiving the copy of Request for Arbitration. If the Respondent has just cause for requesting an extension, the arbitration tribunal shall decide; if the arbitration tribunal has not yet been formed, the Chairperson shall decide. The arbitration tribunal has the power to decide whether to accept a Statement of Defense submitted after the expiration of the above time limit.
The Statement of Defense shall be submitted by the Respondent or their authorized representative(s) and shall include the following content and attachments:
(1) the Respondent's name and address, including postal code, telephone number, facsimile, email address, or other telecommunication methods;
(2) the defense to the Request for Arbitration, and the facts and grounds on which the defense is based;
(3) evidence and supporting documents relied upon for the defense
Upon receipt of the Statement of Defense, CCAS shall send a copy thereof to the Claimant within five days. Failure of the Respondent to submit a Statement of Defense shall not affect the conduction of the arbitration proceedings.
Article 20
The Respondent may file a counterclaim based on the same arbitration agreement, same statutes of sports organization, or same rules of sports event. The respondent to the counterclaim is limited to the claimant in the original claim.
If the Respondent files a counterclaim, an application for the counterclaim shall be filed with CCAS within fifteen days from the day of receiving the Notice of Arbitration. If the application is submitted after the time limit expired, the decision on whether to accept the case shall be made by CCAS before the formation of the arbitration tribunal, and by the arbitration tribunal after its formation.
In the event CCAS or the arbitration tribunal decides not to accept, the party may file a separate application with CCAS for the matters involved in the counterclaim. Such separate application shall not affect the proceedings of the original case.
The filing and admission of the counterclaim shall be reviewed pursuant to Articles 16 and 17 of these Rules. The claim and counterclaim in the same case shall be consolidated thereafter.
CCAS shall send the Statement of Counterclaim and relevant materials to the Counterclaim Respondent within five days after accepting the counterclaim. The Counterclaim Respondent shall submit a Statement of Defense to the counterclaim and relevant materials to CCAS in compliance with Article 19 of these Rules; failing which to do so shall not affect the conduction of the arbitration proceedings.
Other issues concerning counterclaims shall be processed in accordance with the relevant provisions of these Rules on the Request for Arbitration.
Article 21
Within fifteen days from the day of receiving the Notice of Arbitration, a party may submit a written request to amend its claim or counterclaim. Such requests shall be submitted to CCAS before the formation of the arbitration tribunal, or to the arbitration tribunal after it is formed. If a request is submitted after the expiration of time limit above, CCAS or the arbitration tribunal may decide whether to accept it.
The provisions in Article 16-19 of these Rules shall apply, mutatis mutandis, to the submission and acceptance of, and response to, such amended claim or counterclaim.
Article 22
At the request of any party, CCAS may decide to consolidate two or more cases pending under these Rules into a single proceeding if any of the following conditions are met:
(1) the Claims in each case are based on the same arbitration agreement;
(2) the Claims in each case are based on the same statutes of sports organization or the same rules of sports event, and the decisions involved are related decisions made by the same sports organization;
(3) the Claims in each case are made under multiple identical or compatible arbitration agreements, and the proceedings involve the same parties and the legal relationships are of the same nature;
(4) the Claims in each case are made under multiple identical or compatible arbitration agreements, and in multi-contracts that consist of a principal contract and its ancillary contract(s);
(5) the Claims in each case are made under multiple identical or compatible arbitration agreements, and involves the same decisions made by the same sports organization; or
(6) all the parties to the arbitration have agreed to such consolidation.
In deciding whether to consolidate the arbitrations in accordance with the preceding paragraph above, CCAS shall take into account the opinions of both parties, the nomination or appointment of arbitrators in the separate cases, the correlation between the cases concerned, and other relevant factors.
Unless otherwise agreed by both parties, the cases shall be consolidated into the case that first commence the proceeding.
After the consolidation of the cases, the conduction of the proceedings shall be decided by CCAS if the arbitration tribunal is not formed, or by the arbitration tribunal if it is formed.
Article 23
In cases involving two or more Claimants or Respondents, any party may raise any claims based on the same arbitration agreement, statutes of sports organization, or rules of sports event. The decision to accept such claims shall be made by CCAS before the arbitration tribunal is formed, or by the arbitration tribunal after it is formed.
The provisions of Articles 16-21 shall apply mutatis mutandis to the submission and acceptance of, defense to, and amendments of Claims raised under this Article.
Article 24
The parties shall submit five copies of the Request for Arbitration, Statement of Defense, Statement of Counterclaim, evidentiary materials, and other written documents. If there are more than two parties, additional copies shall be submitted accordingly. Where the arbitration tribunal is composed of a sole arbitrator，the number of copies submitted may be reduced by two.
Article 25
The parties may be represented in the proceedings by Chinese or foreign representative(s) in handling matters relating to arbitration.
The parties or their arbitration representative(s) shall submit a Power of Attorney to CCAS, stating the specific matters entrusted and the scope of authority.
The parties may appoint one to three arbitration representatives. Upon request and with the approval of the arbitration tribunal, the number of representatives may be increased as appropriate.
Article 26
If, after accepting a case, CCAS determines that it should not have been accepted, CCAS shall dismiss the case and notify the parties of its decision by a written order within five days from the day of the decision made.
Chapter 4 Arbitration Tribunal
Article 27
The arbitration tribunal shall be composed of either a sole arbitrator or three arbitrators.
Unless otherwise agreed by the parties or provided for in these Rules, the arbitration tribunal shall consist of three arbitrators.
Article 28
In cases where the arbitration tribunal consists of three arbitrators, within fifteen days from the day of receiving the Notice of Arbitration, the Claimant and the Respondent shall each nominate, or entrust the Chairperson to designate an arbitrator from the Panel. Falling this, the arbitrator shall be appointed by the Chairperson within the specified time limit.
Within fifteen days from the day of the Respondent’s receipt of the Notice of Arbitration, the parties shall jointly nominate, or entrust the Chairperson to appoint the third arbitrator from the Panel. The third arbitrator shall act as the presiding arbitrator.
Each party may recommend one to five candidates for the presiding arbitrator and shall submit their lists of recommended candidates within the time limit specified in preceding Paragraph 2. Where there is only one common candidate on the lists, such candidate shall be the presiding arbitrator jointly nominated by the parties. Where there is more than one common candidate on the lists, the Chairperson shall choose the presiding arbitrator from amongst the common candidates having regard to the circumstances of the case, and this person shall act as the presiding arbitrator jointly nominated by the parties. Where there is no common candidate on the lists, the presiding arbitrator shall be appointed by the Chairperson from the Panel outside the lists of recommended candidates, unless the party who did not nominate the chosen arbitrator consents to their appointment.
If the parties fail to jointly appoint a presiding arbitrator according to the above provisions, the Chairperson shall appoint the presiding arbitrator.
There shall be at least one arbitrator with a legal background or legal professional experience in sports arbitration relating to anti-doping. The parties shall nominate at least one arbitrator from the Panel of Anti-Doping Arbitrators in accordance with the provisions of Paragraphs 3 and 4 of this Article.
Article 29
Where the arbitration tribunal is composed of one arbitrator, the sole arbitrator shall be nominated pursuant to the procedures stipulated in Paragraphs 2 to 4 of Article 28 of these Rules.
In sports arbitration relating to anti-doping, the sole arbitrator shall have a legal background and legal professional experience. The parties shall nominate the sole arbitrator from the Panel of Anti-Doping Arbitrators in accordance with Paragraphs 3 and 4 of Article 28 of these Rules.
Article 30
Where there are two or more Claimants or Respondents, the Claimants and Respondents shall each discuss among themselves, jointly nominate or jointly entrust the Chairperson to appoint one arbitrator.
The presiding arbitrator or sole arbitrator shall be nominated in accordance with the procedures stipulated in Paragraphs 2 to 4 of Article 28 of these Rules. When making such nomination pursuant to Paragraph 3 of Article 28 of these Rules, the Claimants side or the Respondents side following discussion, shall submit a list of their jointly agreed candidates.
Where either of the Claimants side or the Respondents side fails to jointly nominate or jointly entrust the Chairperson to appoint one arbitrator within fifteen days from the day of receiving the Notice of Arbitration, the Chairperson shall appoint all three members of the arbitration tribunal and designate one of the members to act as the presiding arbitrator.
Article 31
Within five days from the day of composing the arbitration tribunal, CCAS shall notify the parties with written notice of the formation of the arbitration tribunal.
Article 32
Upon receiving notice of the appointment to the arbitration tribunal, each arbitrator shall sign a Declaration, affirming their commitment to conduct the arbitration independently and impartially. The arbitrator shall proactively disclose in writing any known circumstances that could raise legitimate concerns as to their independence and impartiality.
If the arbitrator considers the circumstance that shall be disclosed is sufficient to constitute a cause for challenge, the arbitrator shall voluntarily withdraw themselves.
If the circumstances that need to be disclosed arise after signing the Declaration, the arbitrator shall promptly disclose such circumstances in writing.
The Declaration containing matters that shall be disclosed will be forwarded to the parties in a timely manner by CCAS upon receipt thereof.
Article 33
The arbitrator shall withdraw from the arbitration tribunal and the parties have the right to challenge the arbitrator under any of the following circumstances:
(1) the arbitrator is a party to the case, or is a close relative of a party or its representative(s);
(2) the arbitrator or a close relative of the arbitrator has a pecuniary or personal interest in the outcome of the case;
(3) the arbitrator has other relationships with a party or its representative(s) that may affect the arbitrator's impartiality;
(4) the arbitrator has had ex parte communications with a party or its representative(s), or has accepted any gift, hospitality, or other benefit from a party or its representative(s);
(5) any other circumstance that may affect the impartiality of the arbitration.
A party requesting the withdrawal of an arbitrator shall forward the challenge within ten days after becoming aware of the grounds for the withdrawal, and no later than before the commencement of the first hearing. If the grounds for withdrawal become known after the first hearing has commenced, the challenge must be forwarded within ten days of becoming aware of those grounds.
A party wishing to challenge the arbitrator on the grounds of the disclosed facts pursuant to Article 32, shall forward the challenge within ten days from the day of such receipt of the Declaration. If a party fails to file a challenge within the above time limit, it may not subsequently challenge the arbitrator based on the matters disclosed by the arbitrator.
If a party, after being notified of the formation of the arbitration tribunal, appoints a representative whose relationship with an arbitrator constitutes a circumstance under which a challenge to the arbitrator shall be raised, it shall be deemed as waiving the right to raise a challenge, but the right of any other party to raise a challenge in this regard shall not be affected.
A challenge to an arbitrator shall be submitted to CCAS in writing, stating the reason on which the request is based with relevant evidence. Upon receipt of a challenge, CCAS shall immediately inform the other parties and all members of the arbitration tribunal and consider their opinions.
Where an arbitrator is challenged by one party and the other party agrees to the challenge, or the arbitrator being challenged voluntarily withdraws, such arbitrator shall no longer be a member of the arbitration tribunal. In neither case shall it be implied that the reasons for the challenge are established.
In circumstances other than those specified in the preceding Paragraph 6, the Chairperson shall make a final decision on the challenge.
The challenge of an arbitration secretary, translator, appraiser, or surveyor shall be governed by the provisions of this Article.
Article 34
An arbitrator shall be replaced if unable to fulfil the functions due to, inter alia, being challenged or voluntary withdrawal from the arbitration tribunal or other specific reasons.
In the event that an arbitrator is prevented de jure or de facto from fulfilling the duties, or fails to fulfill the duties in accordance with these Rules, the Chairperson shall have the power to replace the arbitrator, inviting the parties and all members of the arbitration tribunal to submit written comments.
If the arbitrator to be replaced was appointed by a party, the party shall appoint a substitute arbitrator in the same manner as that of appointing the original arbitrator within five days from the day of receiving the notice of replacement; if the party fails to appoint a substitute arbitrator within the time limit or if the arbitrator to be replaced was appointed by the Chairperson, the substitute arbitrator shall be appointed by the Chairperson.
Unless otherwise agreed by the parties, after the replacement of an arbitrator, the arbitration tribunal shall decide whether and to what extent the previous proceedings in the case shall be repeated. If the arbitration tribunal decides to repeat the entire proceedings, the time limit for rendering the final award shall be calculated from the date of the decision to repeat the proceedings.
Article 35
After the conclusion of the last oral hearing, if an arbitrator of a three-member tribunal is unable to participate in the proceedings due to certain reasons, the Chairperson may replace that arbitrator pursuant to Article 34 of these Rules. Upon the approval of the parties and the Chairperson, the other two arbitrators may continue the proceedings and render decisions or arbitral awards.
Chapter 5 Hearing
Article 36
Unless otherwise agreed by the parties, the arbitration tribunal shall have the power to determine the appropriate manner in which the case shall be heard. Under all circumstances, the arbitration tribunal shall act impartially and fairly and provide a reasonable opportunity to both parties to present their case and arguments.
In principle, the arbitration tribunal shall hold a hearing. The format of the hearings shall be determined by the arbitration tribunal based on the specific circumstances of the case.
If the parties agree not to hold a hearing, or if the arbitration tribunal determines that a hearing is unnecessary and with the parties consent thereto, the arbitration tribunal may conduct the proceedings on documents submitted by the parties.
Article 37
Physical hearings shall generally be held at the location of CCAS. On the review and with the approval of CCAS, the arbitration tribunal may, at its discretion or upon agreement of the parties, hold hearings other at the location of CCAS.
Where the parties have agreed to hold a hearing at a place other than the location of CCAS, the additional costs so generated shall be borne by the parties. The parties shall deposit in advance within the time limit decided by CCAS for such additional costs in accordance with the proportion agreed by them or decided upon by the arbitration tribunal. If such deposit is not made, the hearing shall be held at the location of CCAS.
Article 38
Arbitration shall be conducted in private, unless otherwise provided in these Rules.
For cases to be heard in private, the parties and their representatives, the arbitrators, the witnesses, the interpreters, the experts and appraisers consulted by the tribunal, and other relevant persons shall not disclose to the public any substantive or procedural matters relating to the case.
If the parties or their representatives submit a written request to take photographs or copies of the transcripts of the hearings, the arbitration tribunal shall grant such permission. However, any party or representative who receives a copy of the hearing transcripts must sign an undertaking to maintain the confidentiality of the hearings and not disclose any information to the public.
Article 39
Where the parties agree to an open hearing, and if the Chairperson, upon review, determines that the hearing does not involve state secrets, commercial secrets of third parties, or personal privacy, the hearings may be conducted in public.
In sports arbitrations relating to anti-doping, at the request of the athlete or a natural person party, the arbitration tribunal shall hold an open hearing unless the hearing involves state secrets, personal privacy, or other circumstances where an open hearing would be inappropriate.
Open hearings shall be available for the public to observe and may be made available to the public through means such as video streaming over the internet.
Article 40
The arbitration tribunal shall notify the parties in writing of the date and place of the first hearing at least ten days in advance.
A party with justifiable reasons may request an advancement or postponement of the hearing at least five days before the scheduled hearing date. The arbitration tribunal shall decide on such a request.
Article 41
If the Claimant, after being notified in writing, fails to appear in the hearing without justifiable reasons, or withdraws from an on-going hearing without the permission of the arbitration tribunal, the Claimant may be deemed to have withdrawn its application for arbitration. If the Respondent has filed a counterclaim, the arbitration tribunal may nevertheless proceed with the hearing of the counterclaim.
If the Respondent, after being notified in writing, fails to appear in the hearing without justifiable reasons or withdraws from an on-going hearing without the permission of the arbitration tribunal, the tribunal may nevertheless proceed with the arbitration. In such circumstances, the Respondent has filed a counterclaim, the Respondent will be deemed to have withdrawn its counterclaim.
Article 42
The tribunal secretary shall make the transcript of the hearing. At the request of the parties or the arbitration tribunal, discussions regarding mediation may be omitted from the written record.
The hearing transcript shall be signed or sealed by the arbitrators, tribunal secretary, parties and the other participants in the hearing.
If a party and other participants in the arbitration consider that the written record contains omissions or mistakes regarding their own statements, they may apply to the tribunal for corrections.
If a party or other participants in the hearing refuses to sign or seal the hearing transcript, such circumstances shall be noted in the transcript and signed by the arbitrators and tribunal secretary.
The arbitration tribunal may decide to record the hearing by synchronous audio and video recording and shall inform the parties thereof before the hearing.
Article 43
Each party shall bear the burden of proof for its claims.
In cases where arbitrations are applied due to dissatisfaction with the decision of sports organizations, athlete management entities or sports event organizers, in addition to the parties' burden of proof, the sports organization, athlete management entity or sports event organizer shall also bear the burden of proving the basis of its decision.
The arbitration tribunal may specify a time limit for the parties to submit evidence. The parties shall submit their evidence within the specified time limit. The arbitration tribunal may refuse to admit evidence submitted after the time limit. If a party experience difficulties in submitting evidence within the time limit, it may apply for an extension before the time limit expires. The arbitration tribunal shall decide whether to grant the extension.
If a party fails to submit evidence within the specified time limit, or if the evidence submitted is not sufficient to support its positions the party having the burden of proof shall bear the consequences thereof.
Article 44
In circumstances where a hearing is held, any evidence exchanged prior to the hearing shall be presented and subject to examination by the parties during the hearing.
If the case involves a large volume of evidence and the arbitration tribunal deems it necessary, the presiding arbitrator, sole arbitrator or authorized tribunal secretary may convene a pre-hearing conference for the parties to conduct examination. After the arbitration tribunal provides an explanation, such evidence that has been examined at the pre-hearing conference may not be presented or subject to examination during the hearing.
In circumstances the arbitration tribunal decides to accept the evidentiary materials submitted by the parties during or after the hearing but does not hold a further hearing, the tribunal may require the parties to submit written examination opinions within a specified time limit.
In circumstances where the proceedings are conducted based solely on written documents, evidence examination shall be conducted in writing, and the parties shall make written examination opinions within the time limit specified by the arbitration tribunal.
When examination of evidence is conducted in writing, the parties shall have the right to inspect and verify the original copy of the evidence.
Article 45
A party seeking to produce a witness at hearing shall submit a written request, the arbitration tribunal shall make a decision. The written request shall include the witness's name, contact information, the subject matter of the testimony, the relevance of the testimony to the issues to be proved, the necessity of the witness's appearance, and a copy of the witness's identification document. If the arbitration tribunal approves the request, it may notify the witness to appear at the hearing using the contact information provided by the party.
When a witness appears at a hearing, the arbitration tribunal and the parties may examine the witness regarding is testimony, and the witness shall answer truthfully.
Article 46
A party may request an appraisal expert opinion on technical issues relevant to the determination of the facts. The requesting party shall submit a written request, accompanied by any necessary supporting materials. The arbitration tribunal may deny the request if the subject matter of the appraisal expert opinion is irrelevant or immaterial to the facts in dispute. If a party does not request an appraisal expert opinion, the arbitration tribunal may, on its own initiative, decide to obtain one if the arbitration tribunal deems necessary.
After one party applies for an appraisal, the arbitration tribunal shall make a decision within a reasonable time limit. If the arbitration tribunal decides to arrange an appraisal, it shall notify the parties to appoint an appraisal institute within the specified time limit and inform the matters to be appraised. After the parties have selected an appraisal institute and defined the matters, the arbitration tribunal shall entrust the appraisal institute.
The parties shall jointly select a qualified appraisal institute or agree on the rules for selecting one within the time limit specified by the arbitration tribunal. If the parties fail to reach an agreement, the arbitration tribunal shall make the appointment.
The parties shall advance the appraisal fee in the proportion and within the time limit determined by the arbitration tribunal. Unless the appraisal is decided by the arbitration tribunal while consider it necessary, no appraiser shall be obtained if the parties fail to advance the fees within the specified time limit. The final allocation and proportion of the appraiser's fees shall be determined by the arbitration tribunal in the award.
Article 47
If the parties apply for professional and technical opinions of relevant professional technical personnel, the party shall specify the identity information and contact information of, and professional and technical matters to be proven by the relevant professional technical personnel in the written application submitted, attached with the identity documents of such professional technical personnel with their qualification certificates. The approval of such application shall be decided by the arbitration tribunal.
The arbitration tribunal shall consult professional and technical opinions during the investigation proceedings of the hearing, and organize the parties to inquire of the relevant professional technical personnel who present at court, and; the professional technical personnel designated by each party may cross-examine appraisal or professional and technical matters. With the unanimous consent of the parties, the examination may be made in writing.
The relevant professional technical personnel shall not participate in any hearing activities other than those related to the appraisal or professional and technical matters.
The expenses for the relevant professional technical personnel to attend the hearing shall be borne by the party filing the application.
Article 48
The proceedings may be suspended under any of the following circumstances:
(1) both parties jointly apply for suspension, or one party applies for suspension and the other party does not object;
(2) a party is unable to participate in the arbitration due to force majeure events;
(3) the resolution of the case depends on the determination of other pending matters;
(4) exist other exceptional circumstances that require the suspension of the arbitral proceedings.
Article 49
After the circumstances giving rise to the suspension have ceased to exist, the proceedings may be resumed upon the written request of either party, or if CCAS or the arbitration tribunal deems it necessary.
The decision to suspend or resume the proceedings shall be made by the arbitration tribunal. If the arbitration tribunal has not yet been formed, the decision shall be made by the Chairperson.
Article 50
A party may withdraw its entire claims or counterclaims. In the event that the Claimant withdraws its entire claims, the arbitration tribunal may nevertheless proceed with its examination of the counterclaim and render an award thereon. In the event that the Respondent withdraws its entire counterclaims, the arbitration tribunal may proceed with the examination of the claim and render an award thereon.
A party may be deemed to have withdrawn its claims or counterclaims if the proceedings cannot proceed for reasons attributed to that party.
A request by a party to withdraw its claims or counterclaims shall be decided by CCAS before the formation of the arbitration tribunal, or by the arbitration tribunal after it has been formed.
A case may be dismissed if the entire claims and counterclaims have been withdrawn. Where a case is dismissed prior to the formation of the arbitration tribunal, the Chairperson shall make a decision on the dismissal. Where a case is to be dismissed after the formation of the arbitration tribunal, the tribunal shall make the decision. The Dismissal Decision shall bear the official seal of CCAS.
Article 51
The arbitration tribunal may mediate the dispute during the proceedings, the parties may also settle their dispute.
In sports arbitration relating to anti-doping, the approval of the China Anti-Doping Agency (CHINADA) is required for the arbitration tribunal to engage in mediation or for the parties to settle on their own.
With the consent of both parties, the arbitration tribunal may mediate the case in a manner it considers appropriate.
During the mediation process, the arbitration tribunal shall terminate the mediation if either party so requests or if the arbitration tribunal considers that further mediation efforts will be futile.
The parties shall sign a settlement agreement where they have reach settlement through mediation by the arbitration tribunal or by themselves.
Where the parties have reached a settlement agreement through mediation by the arbitration tribunal or by themselves, they may withdraw their claims or counterclaims, or request the tribunal to render an award or a mediation statement in accordance with the terms of the settlement agreement.
Where the parties request for a mediation statement, it shall clearly set out the claims of the parties and the terms of settlement agreement. It shall be signed by arbitrators, sealed by CCAS, and become valid after being served on the parties.
Where the mediation is not successful, the proceedings shall continue. Neither parties may invoke any opinion, view or statement, and any proposal or proposition expressing acceptance or opposition by either party or by the arbitration tribunal in the process of mediation as grounds for any claim, defense or counterclaim in the subsequent arbitration, judicial or any other proceedings.
Chapter 6 Decisions and Awards
Article 52
CCAS and the arbitration tribunal may make decisions on procedural matters arising during the course of the proceedings.
With the consent of the parties or the authorization of other arbitrators, the presiding arbitrator may make decisions on procedural matters.
Such decisions shall be legally binding from the date when they are rendered.
Article 53
The tribunal shall render its award based on the facts of the case, in accordance with the law, the applicable regulations of relevant sports organizations, and the rules of sports event, in a fair, reasonable, independent, and impartial manner.
If the arbitration tribunal is composed of three arbitrators, it shall hold deliberations before making any decision or award, and shall render its decision or award in accordance with the opinion of the majority. If a majority opinion cannot be reached, the decision or award shall be rendered in accordance with the opinion of the presiding arbitrator.
If the arbitration tribunal is composed of a sole arbitrator, the decision or award shall be rendered by the sole arbitrator.
Article 54
The arbitration tribunal shall render its award in writing. The award shall specify the claims, the findings of fact, the reasons upon which the award is based, the relief or remedy granted, allocation of arbitration costs, the date of the award, and the legal consequences of non-compliance within the specified time limit. If the award is made based on a settlement agreement reached by the parties or if the parties have otherwise agreed, the award may omit the findings of fact and reasons for the award.
Decisions, awards, and mediation statements rendered by the arbitration tribunal shall be signed by the arbitrators and bear the official seal of CCAS. Arbitrators who dissent from the majority may choose to sign or not sign the decision or award. An arbitrator who does not sign shall provide a written dissenting opinion to CCAS for its record. The dissenting opinion shall not be part of the decision or award, CCAS shall nevertheless decide whether to append it to the decision or award.
Article 55
The arbitration tribunal shall render its final award within three months from the day which the arbitration tribunal is formed.
In the event of exceptional circumstances warranting an extension, the presiding arbitrator or the sole arbitrator may submit a written request for an extension before the expiration of the time limit. The Chairperson may grant a reasonable time extension.
The following periods shall be excluded from the time limit: the period required for any appraisal proceeding; the period during which the proceedings are suspended; the period for any public notice; the period for consulting expertise opinions; the period during which both parties jointly request an extension of the hearing; or engage in mediation or settlement.
Article 56
Where the arbitration tribunal considers it necessary, or where a party so requests and the arbitration tribunal agrees, the arbitration tribunal may render a partial award on any part of the claim before rendering the final award.
Where the arbitration tribunal deems necessary，or where a party requests and the arbitration tribunal approves, the arbitration tribunal may render an interim award on a procedural or substantive issue.
The parties shall perform any partial or interim award. Failure of either party to perform a partial or interim award shall neither affect the arbitral proceedings nor prevent the arbitration tribunal form rendering a final award.
Article 57
The award shall become effective from the date it is made.
After the award is rendered, the parties shall perform the award in accordance with the time limit specified therein. If the time limit is not specified in the award, the parties shall perform the award promptly. If any party fails to perform the award, the other party may apply to the competent People's Court for enforcement in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China.
Article 58
The arbitration tribunal has the authority to determine in the award the costs of arbitration to be borne by each party and any other actual expenses incurred, including but not limited to appraisal fees, evaluation fees, audit fees, travel expenses, notary fees and legal fees.
Unless otherwise agreed by the parties, the costs of arbitration shall in principle be borne by the losing party. If a party partially wins in a case, the arbitration tribunal shall determine the proportion of costs borne by each party, taking into consideration of the specific circumstances of the arbitration. If the parties settle the case on their own or through mediation by the arbitration tribunal, they may discuss and agree on the allocations of costs.
If the violation of these Rules by a party causing a delay in the proceedings, the allocation of the costs of arbitration shall not be limited by the provisions of the preceding paragraph. The party causing the delay shall also bear any additional costs or increased expenses resulting from the delay.
Article 59
The arbitration tribunal shall submit its draft award to CCAS for review before rendering the final award. Without prejudice to the independence of the arbitration tribunal, CCAS may scrutinize the draft award and make corresponding revisions, or it may bring substantive issues to the attention of the arbitration tribunal.
Article 60
The arbitration tribunal shall correct any errors in the award relating to text, symbols, diagrams, calculations, or typographical errors, or any errors of a similar nature.
Where any claim submitted by a party was omitted from the arbitral award, the arbitration tribunal shall render an additional award. If the arbitration tribunal deems it necessary, it may hold a hearing on the omitted claim.
The parties may request the arbitration tribunal to correct an error in the award or to render an additional award within thirty days of receiving the award.
Any correction or additional award made by the arbitration tribunal shall form a part of the arbitral award.
The provisions of this Article shall apply, mutatis mutandis, to the correction of written decisions and mediation statements.
Article 61
If the People's Court notifies that the case is to be re-arbitrated, the arbitration tribunal shall re-arbitrate the case and render an award.
Chapter 7 Special Procedures
Article 62
The rules of Special Procedures for sports arbitration shall apply to disputes in sports events that necessitate prompt resolution that arise during a major sports event or within ten days prior to the opening ceremony.
Article 63
At the invitation of the organizing committee of a major sports event, CCAS may establish a Panel of Special Procedures Arbitrators during the event to arbitrate disputes that require expedited resolution.
The Panel of Special Procedures Arbitrators shall consist of nine to twelve arbitrators selected from the Panel, which shall include three arbitrators from the Panel of Anti-Doping Arbitrators.
CCAS may adjust the composition of Panel of Special Procedures Arbitrators, during a major sports event, as circumstances may require.
Article 64
In Special Procedures, arbitration documents may be served on the parties or their representatives by email, telephone, or other means of communication. If served by telephone, CCAS shall subsequently provide written documents.
Article 65
When a Claimant files a Request for Arbitration under the Special Procedures, the Request for Arbitration shall, in addition to the information required by Article 16 of these Rules, state the addresses of the Claimant and the Respondent during the major sports event.
Article 66
Upon accepting of the Request for Arbitration, the Chairperson shall appoint three arbitrators from the Panel of Special Procedures Arbitrators to form the arbitration tribunal and shall simultaneously designate one as the presiding arbitrator. In sports arbitrations relating to anti- doping, the arbitration tribunal shall include at least one anti-doping arbitrator and one arbitrator with a legal background or legal professional experience.
In appropriate circumstances, the Chairperson may appoint a sole arbitrator. In sports arbitrations relating to anti-doping, the sole arbitrator shall be an anti-doping arbitrator with a legal background or legal professional experience.
Article 67
Upon receiving notification of the appointment to the arbitration tribunal, the arbitrators shall immediately disclose in writing any circumstances known to them that may give rise to legitimate concerns as to their independence or impartiality and withdraw themselves if such circumstances exist.
A party shall challenge an arbitrator as soon as that party becomes aware, or should have become aware of any circumstances of withdrawal.
The Chairperson shall promptly decide on any challenge raised by a party. Where circumstances permit, the Chairperson shall consult with the relevant parties and the arbitrators before making a decision.
Article 68
If an application for arbitration under the same set of rules of sports event is related to another pending case subject to the Special Procedures, the Chairperson may decide to consolidate the later application with the earlier case and assign both cases to the same arbitration tribunal.
In deciding whether to consolidate the cases under Paragraph 1 of this Article, the Chairperson shall consider all relevant circumstances, including the relationship between the two cases and the progress of the earlier case.
Article 69
The arbitration tribunal shall conduct the proceedings in such manner as it deems appropriate.
The arbitration tribunal shall, immediately after accepting the application, send a Notice of Hearing to both parties. The Notice of Hearing sent to the Respondent shall be accompanied by a copy of the Request for Arbitration.
The arbitration tribunal shall hear the parties' arguments at the hearing. If the facts are clear and the evidence is sufficient, the arbitration tribunal may decide not to hold a hearing and render an award without delay.
The tribunal may take appropriate measures to facilitate the evidentiary process, such as taking, presenting or examining evidence and other relevant procedures.
If a party fails to appear at the hearing, the arbitration tribunal may nevertheless proceed with the hearing.
Article 70
The arbitration tribunal shall render its award within twenty-four hours of receipt of the Request for Arbitration. In exceptional circumstances, the Chairperson may grant a reasonable extension of this time limit.
Article 71
An award rendered by the arbitration tribunal shall be final and binding as of the date on which the award is made.
The arbitration tribunal shall promptly notify the parties of the award upon its making. The arbitration tribunal may notify the parties the outcome of the award only, but shall provide a supplementary reason for the award within fifteen days after the award is made.
Article 72
After considering all the circumstances of the case, including the claim, the nature, complexity and urgency of the dispute, and the parties' right to participate hearings, the arbitration tribunal may: render a final award; refer the dispute to CCAS under the ordinary procedures; or render a partial award on certain issues and refer the remaining issues to CCAS under the ordinary procedures.
Where a case is referred to the ordinary procedures, the original tribunal shall continue to hear the case, and the time limit for rendering the final award shall be calculated from the date on which the Request for Arbitration under the Special Procedures was received.
Article 73
Any matters not provided for in this Chapter shall be governed by other provisions of these Rules.
Chapter 8 Supplementary Provisions
Article 74
A party may apply to CCAS for provisional measures. The specific procedures of such applications shall be established by CCAS.
Article 75
The official language of CCAS shall be Chinese.
The parties may agree to use English as the language of arbitration.
If the parties agree to use a language other than Chinese or English, CCAS or the arbitration tribunal shall decide on the language of arbitration based on the specific circumstances of the case.
CCAS or the arbitration tribunal may require the parties to provide a Chinese translation or a translation in another language of any documents or exhibits submitted by the parties, if it considers necessary.
If interpretation or translation is required during the hearing for the parties, their representatives, or witnesses, it may be provided by CCAS or by the parties. Such expense shall be borne by the parties.
Article 76
The parties shall pay the costs of arbitration in accordance with the applicable regulations.
Article 77
The terms "one day", "two days", "three days", "five days", "ten days" and "fifteen days" as stipulated in these Rules refer to business days. The terms "twenty-one days" and "thirty days" refer to calendar days.
Article 78
These Rules shall enter into force on January 1, 2023.
These Rules shall apply to all cases accepted by CCAS from the date of their entry into force.
*English version is provided for reference only. In the event of inconsistencies or ambiguities between the Chinese version and the English version, the Chinese version shall prevail.
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