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Financial Dispute Arbitration Rules of Tianjin Arbitration Commission

发布时间:2026年08月19日

Chapter I General Provisions

 

Article 1 To ensure the fair and efficient arbitration of financial disputes and to protect the legitimate rights and interests of all parties, the Tianjin Arbitration Commission (hereinafter referred to as “TAC” or the “Commission”) formulates these Rules in accordance with the Arbitration Law of the People’s Republic of China (hereinafter referred to as the “Arbitration Law”) and relevant legal provisions, subject to the Arbitration Rules of the Tianjin Arbitration Commission (hereinafter referred to as the “Arbitration Rules”), and taking into account the characteristics of financial dispute cases.

Article 2 The Financial Arbitration Center of the Tianjin Arbitration Commission (hereinafter referred to as the “Financial Arbitration Center”) is a specialized institution established by TAC to administer financial dispute arbitrations.

Article 3 The Financial Arbitration Center shall accept Applications for Arbitration submitted by financial institutions as equal subjects, or between financial institutions and other natural persons, legal persons, or unincorporated organizations, or among themselves, arising from financial transactions, financial services, and other activities. Such disputes include, but are not limited to:

(1) Deposit and loan disputes;

(2) Payment and settlement disputes involving negotiable instruments, letters of credit, bank cards, etc.;

(3) Insurance disputes;

(4) Wealth management disputes;

(5) Financial leasing disputes;

(6) Securities transaction or service disputes involving stocks, bonds, asset-backed securities, etc.;

(7) Financial derivatives transaction or service disputes;

(8) Financial asset transaction disputes involving non-performing assets, PPP assets, equity, creditor’s rights, etc.;

(9) Futures and derivatives, foreign exchange, and gold trading disputes;

(10) Trust disputes;

(11) Guarantee and pawn disputes;

(12) Factoring and agency payment disputes;

(13) New types of financial disputes and other financial disputes related to supply chain finance, digital RMB transactions, cross-border financial services, etc.

Where a party objects to whether the submitted dispute constitutes a financial dispute, the Commission shall make the decision.

Article 4 Where the parties agree to submit a financial dispute to the Commission or its branches and other dispatched agencies for arbitration, the Commission may, upon acceptance, decide to assign the said case to the Financial Arbitration Center for administration.

Article 5 Where the parties agree to apply these Rules to their financial dispute, these Rules shall apply; where there is no such agreement, the Arbitration Rules of TAC shall apply.

Where the parties agree to submit a financial dispute to the Commission for arbitration but agree to apply other arbitration rules, or agree on procedural matters inconsistent with these Rules, their agreement shall prevail, except where such agreement is unenforceable or in violation of the mandatory provisions of laws and regulations.

Any objection by a party to the application of these Rules to a financial dispute shall be raised in writing within seven (7) days from the date of receipt of the Notice of Acceptance or the Notice of Defense. the Commission shall decide whether the objection is tenable.

Article 6 Financial arbitration shall be based on facts, comply with the law, and respect the autonomy of the parties.

The Arbitral Tribunal may, taking into consideration the characteristics of the financial industry, render an award by referring to financial transaction usages, industry norms, transaction principles, and market autonomy rules. Market autonomy rules include, but are not limited to, the trading rules of trading venues such as securities exchanges, futures and derivatives exchanges, and property rights exchanges, provided that they do not violate laws, regulations, and public order and good morals.

Where the parties agree to apply international financial usages, the Arbitral Tribunal may refer to and apply such usages, provided that they do not violate the mandatory provisions of laws and regulations and public order and good morals.

 

Chapter II Application and Acceptance

 

Article 7 To apply for arbitration, the Claimant shall submit the Application for Arbitration, the arbitration agreement, proof of the parties’ qualifications as subjects, and documentary evidence proving the arbitration claims.

Electronic evidence submitted by the parties shall comply with the Provisions on Arbitration Evidence of Tianjin Arbitration Commission and relevant standards for electronic data collection and preservation. When submitting electronic evidence, the parties shall attach a description of the storage medium and authenticity verification materials.

Article 8 Upon receipt of the Application for Arbitration and accompanying materials, if the Commission considers that the conditions for acceptance are met, it shall notify the Claimant to pay the arbitration fees in advance, and shall, within two (2) days after the advance payment of the arbitration fees by the party, send the Notice of Acceptance, these Rules, the Panel of Arbitrators, and other documents to the Claimant; if it considers that the conditions for acceptance are not met or supplementary materials are required, it shall notify the party and explain the reasons.

Article 9 Within seven (7) days upon receipt of the Notice of Defense, the Respondent shall submit its Statement of Defense, relevant documentary evidence, and proof of its qualification as a subject.

Where a party applies for an extension of the defense period, it shall submit a written application within the defense period. The Arbitral Tribunal may appropriately extend the period if it considers the reasons justified.

Upon receipt of the aforementioned documents, the Commission shall serve them on the Claimant prior to the oral hearing. Failure by the Respondent to submit a Statement of Defense shall not affect the progress of the arbitration proceedings.

Article 10 Any Application for Counterclaim filed by the Respondent shall be submitted in writing prior to the oral debate during the hearing. Upon receipt of the Application for Counterclaim, if the Commission considers that the conditions for acceptance are met, it shall notify the party to pay the arbitration fees in advance, and shall, within two (2) days after the advance payment, send the relevant notices to both parties; if it considers that the conditions for acceptance are not met or supplementary materials are required, it shall notify the party and explain the reasons.

The party shall, within seven (7) days upon receipt of the Application for Counterclaim and the Notice of Defense, submit its Statement of Defense.

Failure by the Respondent to the Counterclaim to submit a Statement of Defense shall not affect the progress of the arbitration proceedings.

Article 11 Upon written application by a party and with the consent of the other parties, the Commission may decide to consolidate two or more related cases that have already been accepted into the case in which the arbitration proceedings commenced first, to be heard by the same Arbitral Tribunal, unless otherwise agreed by the parties or decided by the Commission.

Following the consolidation of related cases, the parties may negotiate to change the method of formation of the Arbitral Tribunal; failing such agreement, the Commission shall determine the applicable procedure and the formation of the Arbitral Tribunal based on the complexity of the cases.

 

Chapter III Formation of the Arbitral Tribunal

 

Article 12 The Commission establishes a Panel of Financial Arbitrators, which forms part of the Commission Panel of Arbitrators. The parties may select arbitrators from either the Panel of Financial Arbitrators or the Commission Panel of Arbitrators.

The Panel of Financial Arbitrators shall specify the arbitrators’ professional expertise in the financial sector, including but not limited to banking, securities, factoring, and financial technology (FinTech). The Panel shall be updated periodically and disclosed to the public.

Article 13 Financial disputes where the arbitration claim has no monetary amount or the amount in dispute does not exceed RMB 3 million, and where the facts are clear and the rights and obligations are definite, shall be subject to the Expedited Procedure and shall be heard by a sole arbitrator forming the Arbitral Tribunal. Within three (3) days upon receipt of the Notice of Acceptance or the Notice of Defense, the parties shall jointly nominate or entrust the Chairman of the Commission to appoint the sole arbitrator. Failing such nomination within the specified time limit, the Chairman of the Commission shall make the appointment.

Where the amount in dispute exceeds RMB 3 million, the Ordinary Procedure shall apply, and the Arbitral Tribunal shall be composed of three arbitrators. Within five (5) days upon receipt of the Notice of Acceptance or the Notice of Defense, the parties shall respectively nominate or entrust the Chairman of the Commission to appoint one arbitrator, and jointly nominate one Presiding Arbitrator, or respectively select one to five arbitrators as candidates for the Presiding Arbitrator, or entrust the Chairman of the Commission to appoint the Presiding Arbitrator. Failing such nomination within the specified time limit, the Chairman of the Commission shall make the appointment. The method for generating the Presiding Arbitrator shall be governed by the relevant provisions of the Arbitration Rules.

For disputes where the amount in dispute exceeds RMB 3 million, the parties may also agree to apply the Expedited Procedure.

Where the parties agree to apply the Expedited Procedure but the case is highly complicated, and the Arbitral Tribunal, once formed, considers the Expedited Procedure inappropriate, it may request in writing that the Commission apply the Ordinary Procedure. the Commission shall decide whether to approve such a request.

Where the Expedited Procedure is changed to the Ordinary Procedure, the parties shall, within five (5) days, nominate or entrust the Chairman of the Commission to appoint arbitrators. The original sole arbitrator shall serve as the Presiding Arbitrator, unless otherwise agreed by the parties.

 

Chapter IV Hearings and Awards

 

Article 14 Arbitration shall be conducted in private. Unless otherwise provided by laws and regulations, arbitrators and other participants in the arbitration owe a duty of confidentiality regarding trade secrets and other information learned during the proceedings that may affect the commercial reputation or personal privacy of the parties, and shall not disclose any circumstances related to the proceedings to the public.

Any participant in the arbitration who breaches the duty of confidentiality shall bear corresponding legal liability.

Article 15 The Arbitral Tribunal shall hold oral hearings to examine the case, unless the parties agree otherwise or the Arbitral Tribunal deems oral hearings unnecessary and the parties so consent.

For cases where no oral hearing is held, the Arbitral Tribunal shall conduct a documents-only examination based on the Request for Arbitration, the Statement of Defense, and the evidentiary materials.

Article 16 For cases with clear facts and minor disputes, upon the request of a party, or where the Arbitral Tribunal deems it necessary, the Arbitral Tribunal may convene the parties for pre-hearing mediation within a specified time limit prior to the formal oral hearing.

Article 17 For cases to be heard orally, where the Ordinary Procedure applies, the Arbitral Tribunal shall notify the parties and other participants in writing of the composition of the Arbitral Tribunal, the date, and the venue of the hearing at least seven (7) days prior to the initial hearing; where the Expedited Procedure applies, such notice shall be given to the parties and other participants at least three (3) days prior to the initial hearing.

If a party requests an earlier hearing and the Arbitral Tribunal consents, the hearing may be advanced. A party seeking to postpone the initial hearing for a justified reason shall submit a written request at least two (2) days prior to the hearing, and the Arbitral Tribunal shall decide whether to grant the postponement. Where the Arbitral Tribunal decides to advance or postpone a hearing, or to hold subsequent hearings after the initial hearing, the notification of the date and venue of such hearings shall not be subject to the aforementioned time limit and written form requirements.

Article 18 Upon the request of a party and deemed necessary by the Arbitral Tribunal, or where the Arbitral Tribunal itself deems it necessary, the Arbitral Tribunal or a Tribunal Secretary entrusted by it may convene the parties within a specified time prior to the formal hearing for a pre-hearing exchange of evidence and cross-examination to establish undisputed facts, thereby expediting the arbitral proceedings.

Article 19 The Arbitral Tribunal may refer specialized issues involved in the case for expert determination and shall clarify this to the parties. The procedure for expert determination of such issues shall be governed by the relevant rules of the Commission.

Article 20 For financial disputes examined on a documents-only basis or subject to the Expedited Procedure, the Arbitral Tribunal shall render its Award within thirty (30) days from its constitution.

For financial disputes subject to the Ordinary Procedure, the Arbitral Tribunal shall render its Award within sixty (60) days from its constitution.

If an extension of the time limit is truly necessitated by special circumstances, the Presiding Arbitrator or the Sole Arbitrator shall submit a written request for approval to the Chairman of the Commission.

Article 21 Where the Arbitral Tribunal is composed of three arbitrators, any Award shall be made by a majority of the arbitrators. The Arbitral Tribunal shall hold deliberations on the case prior to rendering the Award, and such deliberations may be conducted at any place or in any manner the Arbitral Tribunal considers appropriate.

If the Arbitral Tribunal fails to reach a majority opinion, the Award shall be made in accordance with the opinion of the Presiding Arbitrator.

Article 22 Where the parties reach a settlement independently, they may request the Arbitral Tribunal to render an Award or issue a Statement of Mediation based on the contents of the settlement agreement, or they may withdraw the Request for Arbitration.

Where the parties reach a mediation agreement, they may request the Arbitral Tribunal to render an Award or issue a Statement of Mediation based on the results of the agreement.

Article 23 Where a party requests the participation of a third party in the mediation, subject to the written consent of the other party and the third party, the Arbitral Tribunal may notify the third party to participate in the mediation. If the third party expressly agrees in writing to assume the relevant civil liabilities of the case, such participation shall be permitted, and the Arbitral Tribunal shall guide the third party and the parties in concluding a mediation agreement.

If the third party participates in the mediation but fails to conclude a mediation agreement, it shall not be deemed a party to the arbitration, shall not bear the obligations determined in the Arbitral Award, and the Arbitral Tribunal shall not list it as a liable subject in the Award.

 

Chapter V Special Provisions on Foreign-related Financial Arbitration

 

Article 24 The arbitration of foreign-related financial disputes shall be governed by the provisions of this Chapter. Matters not covered by this Chapter shall be governed by other relevant provisions of these Rules.

Article 25 Where a party objects to whether a financial dispute is foreign-related, the Commission shall make the decision.

Article 26 The Respondent shall, within forty-five (45) days upon receipt of the Notice of Defense, submit its Statement of Defense, relevant evidentiary materials, and proof of its subject qualification.

Upon receipt of an Application for Amendment to the Claim or an Application for Counterclaim, along with the Notice of Defense, the party shall submit its Statement of Defense and evidentiary materials within forty-five (45) days.

Article 27 The parties shall, within twenty (20) days upon receipt of the Notice of Acceptance and the Notice of Defense, agree on the method of constituting the Arbitral Tribunal and nominate their respective arbitrators.

Article 28 The Arbitral Tribunal shall notify the parties in writing of the date and venue of the hearing at least thirty (30) days prior to the initial hearing.

In the event of subsequent hearings, or where the Arbitral Tribunal decides to advance or postpone a hearing, the notification of the hearing shall not be subject to the restrictions stipulated in the first paragraph of this Article.

Article 29 The Arbitral Tribunal shall render its Award within six (6) months from its constitution.

Where an extension of the time limit for rendering the Award in a foreign-related financial dispute is truly necessary, such time limit may be appropriately extended upon the request of the Arbitral Tribunal and the approval of the Chairman of the Commission.

 

Chapter VI Special Provisions on Commercial Factoring Arbitration

 

Article 30 Unless otherwise agreed by the parties, the provisions of this Chapter shall apply to arbitration cases of Commercial Factoring disputes; for matters not covered herein, other relevant provisions of these Rules shall apply.

Article 31 For the purposes of these Rules, Commercial Factoring disputes refer to disputes involving Commercial Factoring businesses accepted by the Commission in accordance with the law between equal subjects, arising from the conclusion, performance, modification, rescission, termination, revocation, liability for breach of contract, and assignment of Accounts Receivable of factoring contracts as stipulated in the Civil Code of the People’s Republic of China.

For the purposes of these Rules, Commercial Factoring businesses refer to the provision of services to the assignor, such as financing, management of Accounts Receivable, collection of accounts, and guarantees against bad debts, on the premise of being assigned all rights and corresponding interests of the Accounts Receivable.

For the purposes of these Rules, Accounts Receivable refer to monetary claims and the proceeds generated therefrom, arising from actual transactions by an enterprise, such as the provision of goods, services, or the leasing of assets.

Disputes over non-factoring businesses, such as lending disguised as factoring, shall not be governed by the provisions of this Chapter, and the applicable rules shall be determined based on their actual legal relationships.

These Rules shall apply mutatis mutandis to bank factoring. Procedural requirements, such as the notice of assignment of Accounts Receivable and confirmation by the debtor, may be determined in accordance with banking regulatory provisions and prevailing industry practices.

Article 32 Where the enforcement of an award may become unduly difficult or other detriments may be caused to a party due to the conduct of the other party or other reasons, a party may apply for Preservation of Property or Preservation of Conduct. Where evidence might be destroyed, lost, or difficult to obtain later, a party may apply for Preservation of Evidence.

If a party makes the aforementioned applications, the Commission shall forward the applications to the competent People’s Court for a ruling. In urgent circumstances where failure to immediately apply for preservation would cause irreparable harm to the legitimate rights and interests of a party, or where evidence might be destroyed, lost, or difficult to obtain later, a party may file such applications prior to applying for arbitration.

Other Interim Measures not falling within the scope of the preceding paragraphs, made by the Arbitral Tribunal in the form of a decision or an Interlocutory Award, shall be binding upon the parties. Any party failing to comply with the decision or Interlocutory Award of the Arbitral Tribunal shall bear the corresponding legal consequences.

Article 33 The arbitration of foreign-related Commercial Factoring disputes shall be governed by the provisions of Chapter V of these Rules.

Article 34 Any objection by a party as to whether a dispute falls under Commercial Factoring disputes (including foreign-related Commercial Factoring disputes) subject to arbitration shall be decided by the Commission.

 

Chapter VII Supplementary Provisions

 

Article 35 Matters not covered by the rules of evidence for the hearing of financial dispute cases by the Arbitral Tribunal shall be governed by the Provisions on Arbitration Evidence of Tianjin Arbitration Commission formulated by the Commission, and shall be in accordance with the provisions of relevant laws and regulations.

Electronic data submitted by a party, the authenticity of which can be proved through evidence collection, fixation, and tamper-proofing technical means such as electronic signatures, trusted timestamps, hash value verification, and blockchain, or authenticated by an electronic evidence collection and deposit platform, shall be confirmed by the Arbitral Tribunal using logical reasoning and everyday experience, taking into account internet transaction practices.

Where electronic data is deposited and fixed by a blockchain deposit platform, the Arbitral Tribunal may confirm its authenticity, unless there is sufficient evidence to the contrary to rebut it.

Article 36 The Commission may serve arbitration documents, materials, and notices on the parties by direct delivery, mail, facsimile, public notice, email, or any other lawful means.

Any document shall be deemed to have been properly served if delivered directly to the party or mailed to its place of business, place of registration, habitual residence, address specified on the ID card, registered permanent residence, or the address for service of legal documents expressly agreed or confirmed by the party in the contract; or, if none of the aforementioned addresses can be found after reasonable inquiries by the other party, and the Commission delivers the document to the party’s last known place of business, place of registration, domicile, habitual residence, or the mailing address confirmed in the contract or other materials by mail or any other means that provides a record of the attempt to deliver it. Where a party opts for service by public notice, the document shall be deemed served upon the expiration of 30 days from the date of the public notice. Where the parties have agreed upon an electronic address for service, the arbitration documents shall be deemed served once sent to that address. Electronic service shall have the same legal effect as other means of service.

Article 37 Periods of time shall be calculated by hours, days, months, and years.

Any period of time stipulated in these Rules shall begin to run on the day following the date on which the party receives or should have received the arbitration document sent by the Commission.

If the last day of the period falls on an official public holiday in China, the period shall expire on the first working day following such public holiday.

The periods of time specified in these Rules shall not include the time in transit for sending by direct delivery, mail, or other lawful means. Arbitration documents or materials mailed or dispatched prior to the expiration of the period shall not be deemed overdue.

Article 38 Chinese shall be the official language of the arbitration proceedings. Where the parties have agreed otherwise, their agreement shall prevail.

Article 39 In the event of any inconsistency between these Rules and the Arbitration Rules of the Commission, these Rules shall prevail. For matters not covered by these Rules, the provisions of the Arbitration Rules of the Commission shall apply.

Article 40 Unless otherwise expressly provided in these Rules, the term “laws and regulations” as used herein refers to the laws, administrative regulations, departmental rules, normative documents, and other legally binding provisions of the People’s Republic of China, excluding the laws and regulations of the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the Taiwan region.

Article 41 These Rules shall come into force as of June 1, 2026.

The Commission shall be responsible for the interpretation of these Rules.