发布时间：2026年08月19日
To standardize the production, cross-examination, and admission of evidence in arbitration cases, these Provisions are formulated in accordance with relevant laws, with reference to judicial interpretations, and in light of the actual circumstances of arbitration.
Chapter I Burden of Proof and Requirements
Article 1 A party shall produce evidence in support of its own claims.
When submitting a Request for Arbitration or a Counterclaim, a party shall attach evidentiary materials that meet the filing requirements.
Article 2 A party shall produce evidence to prove the facts upon which its arbitration claims or its defenses against arbitration claims are based. Where there is no evidence or the evidence is insufficient to prove the facts, the party shall bear the adverse arbitration consequences thereof.
Article 3 Where the burden of proof cannot be determined in accordance with the law, these Provisions, or with reference to relevant judicial interpretations, the Arbitral Tribunal shall allocate the burden of proof based on the principles of fairness and good faith, as well as the parties’ ability to adduce evidence.
Article 4 Where a party admits to the facts of the case stated by the other party, the other party is not required to adduce evidence.
Where a party neither admits nor denies the facts of the case stated by the other party, and still makes no affirmative or negative indication after being questioned by the Arbitral Tribunal, such party shall be deemed to have admitted to such facts.
Article 5 Where a party entrusts an authorized representative to participate in the arbitration, an admission made by the representative within the scope of authorization shall be deemed as an admission by the party. Where a party is present at the hearing and does not expressly deny an admission made by its representative that exceeds the scope of authorization, it shall be deemed as an admission by the party.
Article 6 Prior to the conclusion of the oral debate at the hearing, if a party withdraws its admission with the consent of the other party, or if there is evidence proving that the admission was made under duress or due to a material misunderstanding and is inconsistent with the facts, the other party remains obliged to adduce evidence.
Article 7 A party is not required to adduce evidence to prove any of the following:
(1) Facts known to the general public;
(2) Laws and theorems of nature;
(3) Another fact that can be presumed from legal provisions, known facts, or experience of daily life;
(4) Facts confirmed by a legally binding judgment of a People’s Court;
(5) Facts confirmed by a legally binding award of an arbitration institution;
(6) Facts proved by a valid notarial instrument.
Provided, however, that Items (1), (3), (4), (5), and (6) of the preceding paragraph shall not apply where a party provides evidence to the contrary.
Article 8 The parties shall submit the original documents or physical objects of the evidence. Copies or reproductions may be submitted if permitted by the Arbitral Tribunal and found to be identical to the originals upon verification.
Any evidential materials submitted by a party in a foreign language shall be accompanied by a Chinese translation thereof.
Article 9 The parties shall classify and number the submitted evidential materials sequentially, and shall specify in writing the sources, contents, and the facts intended to be proved by such evidential materials.
The Commission shall issue a receipt upon receipt of the evidential materials submitted by a party.
Chapter II Collection of Evidence by the Arbitral Tribunal
Article 10 Where any of the following circumstances applies, the party bearing the burden of proof may apply to the Arbitral Tribunal for the collection of evidence relevant to the dispute of the case:
(1) Archival materials kept by State organs or other departments that the party is unable to obtain on its own;
(2) Materials involving State secrets, trade secrets, or personal privacy;
(3) Other materials that the party is unable to collect on its own due to objective reasons.
Where the Arbitral Tribunal is unable to collect the evidence due to objective reasons, the party bearing the burden of proof shall bear the adverse consequences of failing to discharge its burden of proof.
Article 11 Any application by a party for the Arbitral Tribunal to collect evidence shall be submitted in writing prior to the expiration of the time limit for producing evidence. The Arbitral Tribunal shall decide whether to grant such application before the conclusion of the oral debate at the hearing.
Article 12 The Arbitral Tribunal may collect evidence on its own initiative under any of the following circumstances:
(1) Facts involving State interests, public interests, or the lawful rights and interests of others;
(2) Procedural matters such as the suspension of arbitration or the withdrawal of arbitrators.
The Arbitral Tribunal may, if it deems necessary, collect other evidence on its own initiative.
Where the presence of the parties is required for the collection of evidence by the Arbitral Tribunal pursuant to the preceding paragraphs, the Arbitral Tribunal may notify the parties. The failure of one or both parties to appear shall not affect the collection of evidence by the Arbitral Tribunal.
Article 13 The Arbitral Tribunal shall collect the original documents or physical objects of the evidence. Where it is genuinely difficult to collect the original documents or physical objects of the evidence, the Arbitral Tribunal may collect copies, reproductions, or photographs thereof.
Where the Arbitral Tribunal collects copies, reproductions, or photographs pursuant to the preceding paragraph, it shall make a note of such fact in the written record.
Chapter III Appraisal and Examination of Appraisal Opinions
Article 14 Where a party applies for an appraisal, it shall submit the application in writing within the time limit for producing evidence or within the time limit specified by the Arbitral Tribunal. The Arbitral Tribunal shall determine the scope of the matters subject to appraisal based on the specific circumstances of the case.
Article 15 Where neither party applies for an appraisal but the Arbitral Tribunal deems it necessary, the Arbitral Tribunal shall explain to the parties the impact of the appraisal on the determination of facts, as well as the consequences of failing to advance the appraisal fees, and shall designate the party liable to advance such fees.
Where neither party applies for an appraisal but the Arbitral Tribunal deems it necessary, the Arbitral Tribunal may specify a time limit for the parties to file such application prior to the oral debate.
Where a party bearing the burden of proof regarding a matter requiring appraisal fails to apply for an appraisal, fails to advance the appraisal fees, or fails to provide relevant materials within the time limit for producing evidence or the time limit specified by the Arbitral Tribunal, thereby resulting in the inability to ascertain the disputed facts, such party shall bear the adverse consequences of failing to discharge its burden of proof.
The “party liable to advance the appraisal fees” as mentioned in paragraph 1 of this Article refers to the party bearing the burden of proof regarding the matter subject to appraisal.
Article 16 Where a party applies for an appraisal but the Arbitral Tribunal deems it unnecessary, it shall notify both parties and explain the reasons thereof; where the Arbitral Tribunal deems it necessary, it shall notify both parties and require them to select an appraisal institution within a specified time limit.
Article 17 The Arbitral Tribunal shall not grant the application for appraisal if the matter to be appraised falls under any of the following circumstances:
(1) It falls beyond the scope of examination of the present case;
(2) The facts can be ascertained through other evidence;
(3) It is not a focal point of the dispute in the present case, and the absence of an appraisal will not affect the rendering of a fair and just award; or
(4) Other circumstances where an appraisal is deemed inappropriate.
Article 18 Where the Arbitral Tribunal encounters difficulties in determining the matters subject to appraisal, it may apply to the Expert Advisory Committee for expert consultation.
Where an application for expert consultation is filed, the Working Standards for Expert Consultation of the Tianjin Arbitration Commission shall apply.
Article 19 Where the Arbitral Tribunal grants a party’s application for appraisal, or where the Arbitral Tribunal deems an appraisal necessary despite no application from the parties, the parties shall, within the time limit specified by the Arbitral Tribunal, negotiate and select one (1) appraisal institution or respectively nominate candidate appraisal institutions.
If the parties fail to agree on the selection of an appraisal institution through negotiation, or if there is no identical appraisal institution among their respectively nominated lists of candidates, the Arbitral Tribunal shall randomly designate an appraisal institution from those outside the candidates nominated by the parties.
Where the appraisal institution selected by the parties or designated by the Arbitral Tribunal is unable to accept the entrustment for any reason, a new institution shall be selected or designated in accordance with paragraphs 1 and 2 of this Article.
Article 20 An appraisal institution or an appraiser shall withdraw under any of the following circumstances:
(1) Where any circumstance for withdrawal stipulated in the Arbitration Rules of the Tianjin Arbitration Commission exists;
(2) Where it/he has previously provided appraisal or consulting services to any party regarding the appraisal matter of the present case or other appraisal matters related to the present case;
(3) Where it/he has served as an authorized representative or a witness in the present case or a case closely related thereto, or has provided consulting services in connection therewith; or
(4) Any other circumstance that may affect the impartiality of the appraisal.
Where the appraisal institution selected by the parties or designated by the Arbitral Tribunal is unable to accept the entrustment due to withdrawal or other circumstances, the parties or the Arbitral Tribunal shall re-select or re-designate an appraisal institution in accordance with the procedures stipulated in Article 19 of these Provisions.
Article 21 After the appraisal institution is selected, the Commission shall issue a Letter of Entrustment for Appraisal to the said institution.
Article 22 The applicant for the appraisal or the party liable to advance the appraisal fees as designated by the Arbitral Tribunal shall advance the appraisal fees within the time limit specified by the Arbitral Tribunal.
If the party fails to advance the appraisal fees within the specified time limit, the appraisal proceedings shall be terminated.
Article 23 During the appraisal proceedings, if the appraisal institution proposes to increase the appraisal fees with sufficient reasons, the applicant for the appraisal or the party liable to advance the appraisal fees as designated by the Arbitral Tribunal shall advance the additional appraisal fees within the time limit specified by the Arbitral Tribunal.
If the party fails to advance the additional appraisal fees within the specified time limit, the appraisal proceedings shall be terminated.
Article 24 The Arbitral Tribunal shall examine whether the fees charged by the appraisal institution comply with relevant regulations.
Article 25 The parties shall submit the materials for appraisal in accordance with the time limit and requirements specified by the Arbitral Tribunal.
If a party encounters difficulties in submitting the materials for appraisal within the specified time limit, it shall, within the said time limit, apply to the Arbitral Tribunal for an extension of the submission period and state the reasons thereof. The Arbitral Tribunal shall decide whether to grant such an extension.
Where a party fails to submit the materials within the time limit without justifiable reasons, the party bearing the burden of proof shall bear the adverse consequences of failing to discharge its burden of proof. Where there is evidence proving that the materials for appraisal are exclusively held by the opposing party, the Arbitral Tribunal shall ascertain the facts in accordance with these Provisions and notify the appraisal institution accordingly.
Article 26 Upon receipt of the appraisal materials submitted by the parties, the Arbitral Tribunal shall issue a list of the materials received to the parties.
Article 27 The Arbitral Tribunal shall examine the authenticity and legality of the appraisal materials.
Where the Arbitral Tribunal deems it necessary, it may organize the parties to conduct cross-examination on the authenticity and legality of the appraisal materials.
Article 28 Where the Appraisal Institution requests supplementary appraisal materials according to the needs of the appraisal, the provisions of Articles 25 to 27 of these Provisions shall apply.
Article 29 Where a party fails to provide the necessary materials required for the appraisal, or the appraisal materials provided cannot satisfy the needs of the appraisal, the appraisal proceedings shall be terminated.
Article 30 During the appraisal process, if a party increases or withdraws part of its arbitration claims, or if the parties reach a settlement regarding part of the arbitration claims, which requires an amendment to the appraisal matters, the Arbitral Tribunal shall make a timely decision and notify the appraisal institution.
If the amendment to the appraisal matters results in an increase in the appraisal fees, the applicant for appraisal or the party designated by the Arbitral Tribunal to advance the appraisal fees shall advance the increased appraisal fees within the time limit specified by the Arbitral Tribunal.
If the party fails to advance the increased appraisal fees within the specified time limit, the appraisal proceedings shall be terminated.
Article 31 During the appraisal process, if the party withdraws all of its arbitration claims, or if the parties reach a settlement or mediation agreement regarding all arbitration claims, the Arbitral Tribunal shall promptly notify the appraisal institution to terminate the appraisal proceedings.
Article 32 Where the appraisal proceedings are terminated, the appraisal institution shall determine the appraisal fees at its discretion based on the causes, liabilities, and the actual completion of the entrusted appraisal matters.
In the event of the circumstances stipulated in the preceding paragraph, if a dispute arises between the parties and the appraisal institution regarding the amount of the appraisal fees, the Arbitral Tribunal shall make a decision.
Article 33 Where the appraisal proceedings are terminated because the parties have reached a settlement or mediation agreement, if the parties fail to reach an agreement on the bearing of the appraisal fees actually incurred, the Arbitral Tribunal shall make a decision.
Article 34 Where the appraisal proceedings are terminated because a party withdraws its application for appraisal or Request for Arbitration, if the parties fail to reach an agreement, the actual appraisal fees incurred shall be borne by the applicant for appraisal and the Claimant, respectively.
Article 35 The Arbitral Tribunal shall examine whether the Appraisal Opinion contains the following contents:
(1) Names of the entrusting party and the entrusted party;
(2) The entrusted appraisal matters;
(3) The entrusted appraisal materials;
(4) The basis for the appraisal and the scientific and technical methods applied;
(5) A description of the appraisal process;
(6) A definitive appraisal opinion;
(7) A statement of the qualifications of the appraisal institution and the appraiser;
(8) Signatures and seals of the appraiser and the appraisal institution.
If the contents of the Appraisal Opinion comply with the requirements of the preceding paragraph, the Arbitral Tribunal shall serve a copy of the Appraisal Opinion on both parties and require them to submit written comments on the Appraisal Opinion within a specified time limit. If the contents of the Appraisal Opinion fail to comply with the requirements, the Arbitral Tribunal shall require the appraisal institution to make corrections or supplements within a specified time limit.
Article 36 The Arbitral Tribunal shall organize both parties to conduct cross-examination on the Appraisal Opinion.
Where the appraisal institution issues a supplementary opinion or a re-appraisal opinion, the Arbitral Tribunal shall once again organize both parties to conduct cross-examination.
Article 37 Upon the request of a party or the requirement of the Arbitral Tribunal, and upon notice by the Arbitral Tribunal, the appraiser shall attend the hearing and accept inquiries from the Arbitral Tribunal and cross-examination by the parties regarding the Appraisal Opinion.
If, after being notified by the Arbitral Tribunal, the appraiser refuses to attend the hearing, the Appraisal Opinion shall not be used as the basis for ascertaining facts. Where the Appraisal Opinion is not admitted due to the Appraiser’s failure to appear in the hearing, the party who has advanced the appraisal fees may request a refund of the appraisal fees.
Where the Arbitral Tribunal admits the Appraisal Opinion, it shall state the reasons in the Arbitral Award.
The reasonable expenses incurred by the appraiser for attending the hearing shall be advanced by the applicant for appraisal or the party designated by the Arbitral Tribunal to advance such fees.
Article 38 Under any of the following circumstances, the appraisal institution shall issue a supplementary opinion within the time limit specified by the Arbitral Tribunal:
(1) Where new appraisal matters are added;
(2) Where there are omissions in the entrusted appraisal matters;
(3) Where there are omissions in the matters actually appraised;
(4) Where, with the consent of both parties or the Arbitral Tribunal, a party provides new appraisal materials;
(5) Other circumstances where a supplement is required.
If the circumstances stipulated in Items (1), (2), and (4) of the preceding paragraph result in an increase in the appraisal fees, the applicant for appraisal or the party designated by the Arbitral Tribunal to advance the appraisal fees shall advance the supplementary appraisal fees within the specified time limit.
If the party fails to advance the supplementary appraisal fees within the specified time limit, the supplementary appraisal proceedings shall be terminated.
Article 39 A party may apply for a re-appraisal if the Appraisal Opinion falls under any of the following circumstances:
(1) The appraisal institution or the appraiser lacks the relevant qualifications for the appraised matters;
(2) The appraisal proceedings violate the law;
(3) The Appraisal Opinion lacks a factual or legal basis;
(4) The Appraisal Opinion is determined to be inadmissible as evidence after cross-examination.
Where the Appraisal Opinion has defects that can be remedied by supplementary appraisal, renewed cross-examination, or supplementary cross-examination, no re-appraisal shall be conducted.
If the Arbitral Tribunal approves a party’s application for re-appraisal, it may re-select or designate an appraisal institution.
Article 40 Where one party disagrees with the Appraisal Opinion issued by an appraisal institution unilaterally entrusted by the other party, it may apply for a re-appraisal.
The procedures for re-appraisal shall be governed by the provisions concerning appraisal in these Provisions.
Chapter IV Time Limit for Producing Evidence and Exchange of Evidence
Article 41 Where the Commission specifies a time limit for producing evidence, such time limit shall be no less than five (5) days.
The Arbitral Tribunal may specify a time limit for producing evidence in accordance with the needs of the hearing.
The parties may agree upon a time limit for producing evidence through consultation, provided that such time limit is endorsed by the Commission or the Arbitral Tribunal.
Article 42 Where a party faces difficulties in producing evidentiary materials within the specified time limit, it may apply for an extension. The Arbitral Tribunal shall decide whether to grant such an application.
A party applying for an extension of the time limit for producing evidence shall specify the reasons for the extension and the titles of the evidence to be submitted.
Article 43 The parties shall produce evidentiary materials within the specified time limit. Failure to do so upon the expiration of the time limit shall be deemed a waiver of the right to produce evidence, unless the other party agrees to cross-examine such evidence.
If the Arbitral Tribunal considers that rejecting the evidentiary materials submitted late by a party may result in manifest unfairness in the arbitral award, it may decide to admit such evidence.
Where a party submits evidence late and the Arbitral Tribunal decides to admit it, the other party may submit rebuttal evidence or contrary evidence within seven (7) days from the date the Arbitral Tribunal agrees to admit such evidence.
Article 44 Where a party increases or amends its arbitration claims, or files a Counterclaim, the Arbitral Tribunal shall specify a new time limit for producing evidence.
Article 45 The Arbitral Tribunal may organize a pre-hearing exchange of evidence upon the application of a party, or do so on its own motion.
The time for the exchange of evidence shall be agreed upon by the parties or determined by the Arbitral Tribunal.
Generally, the exchange of evidence shall not exceed two (2) rounds, and the date of the final exchange of evidence shall be the expiration date of the time limit for producing evidence.
Article 46 The exchange of evidence shall be presided over by the Presiding Arbitrator, the Sole Arbitrator, or a tribunal secretary authorized by the Arbitral Tribunal, to carry out the following tasks:
(1) Record undisputed facts and evidence in the case file;
(2) Record disputed evidence and the reasons for objection in the case file;
(3) Ascertain the issues in dispute between the parties.
Chapter V Cross-examination of Evidence
Article 47 Evidence shall be presented during the hearing and cross-examined by the parties; where a case is examined without hearing, the parties shall cross-examine the evidence in writing.
Evidence acknowledged by the parties during the exchange of evidence shall no longer be subject to cross-examination, after the Arbitral Tribunal has clarified this to the parties.
Article 48 Where the Arbitral Tribunal admits evidentiary materials submitted late by a party pursuant to Article 43 of these Provisions, it shall hold a hearing for cross-examination. If a party applies for an extension to cross-examine the evidence, the Arbitral Tribunal may grant such an application.
Where the case is examined without hearing, the Arbitral Tribunal may require the other party to submit its written cross-examination opinions within a specified time limit.
Article 49 A party has the right to request the other party to present the original documents or physical objects of the evidence, except under any of the following circumstances:
(1) It is genuinely difficult to present the original document or physical object, and the Arbitral Tribunal has permitted the presentation of a copy or replica thereof;
(2) The original document or physical object no longer exists, but there is evidence proving that the copy or replica is consistent with the original.
Article 50 The parties shall question, explain, and rebut the evidentiary materials in terms of their authenticity, relevance, legality, and probative value.
Article 51 The cross-examination of evidence shall proceed in the following order:
(1) The Claimant presents evidence, and the Respondent cross-examines it;
(2) The Respondent presents evidence, and the Claimant cross-examines it;
(3) Where evidence is collected by the Arbitral Tribunal upon the application of one party, the other party conducts the cross-examination;
(4) Where evidence is collected by the Arbitral Tribunal on its own motion, both parties conduct the cross-examination.
Where a case involves two or more independent arbitration claims, cross-examination may be conducted in chronological order of the claims.
Article 52 Where a party applies for a witness to appear before the tribunal to testify, it shall submit a written application before the expiration of the time limit for producing evidence, subject to the approval of the Arbitral Tribunal.
Article 53 Where a witness appears to testify, the qualification of the witness and relevant procedural norms shall be determined by reference to the provisions of the Civil Procedure Law and relevant judicial interpretations.
Chapter VI Examination and Evaluation of Evidence
Article 54 The Arbitral Tribunal shall render its award based on the facts of the case as proven by the evidence.
Article 55 The Arbitral Tribunal shall, in accordance with the provisions of the law, abiding by professional ethics, and applying logical reasoning and everyday experience, determine the admissibility and assess the probative value of the evidentiary materials.
The Arbitral Tribunal shall state the reasons for its evaluation of the evidence in the award.
Article 56 With respect to any single piece of evidentiary material, the Arbitral Tribunal shall examine and determine the following matters:
(1) whether the evidence is an original document or an original object, and whether the copies or reproductions conform to the original documents or original objects;
(2) whether the evidence is relevant to the facts of the case;
(3) whether the form and source of the evidence comply with the provisions of the law;
(4) whether the content of the evidence is authentic;
(5) whether the witness or the person providing the evidence has any material interest in relation to the parties.
Article 57 The Arbitral Tribunal shall comprehensively examine and assess the degree of relevance of each piece of evidence to the facts of the case, the connections among various pieces of evidence, and other related factors.
Article 58 The following evidence shall not, standing alone, serve as the basis for ascertaining the facts of the case:
(1) Testimony provided by a witness who has a material interest in the case or in one of the parties or their representatives, or by a witness who fails to appear at the hearing to testify;
(2) Audio-visual materials containing suspicious elements;
(3) Copies or reproductions that cannot be verified against original documents or original objects.
Article 59 Where a party provides the following evidence and the other party objects thereto but fails to provide sufficient contrary evidence to rebut it, its admissibility shall be affirmed:
(1) The original of documentary evidence, or copies, photographs, duplicates, or extracts that have been verified to conform to the original documentary evidence without error;
(2) The original of physical evidence, or copies, photographs, video recordings, etc., that have been verified to conform to the original physical evidence without error;
(3) Audio-visual materials that are corroborated by other evidence, obtained by lawful means, and free of suspicious elements, or copies that have been verified to conform to such audio-visual materials without error.
Article 60 Where an appraisal institution entrusted by the Arbitral Tribunal issues an Appraisal Opinion, and the parties fail to provide sufficient contrary evidence to rebut it, its admissibility may be affirmed.
Article 61 Where a party provides evidence, and the other party acknowledges it or provides contrary evidence that is insufficient to rebut it, its admissibility may be affirmed.
Where a party provides evidence, and the other party raises an objection and provides rebuttal evidence, which is acknowledged by the party providing the original evidence, the admissibility of the rebuttal evidence may be affirmed.
Article 62 Where both parties provide contrary evidence regarding the same fact, but neither has sufficient basis to negate the other party’s evidence, the Arbitral Tribunal shall assess the probative value of the respective evidence and admit the evidence with greater probative value as the factual basis for deciding the case.
Article 63 Any facts disadvantageous to a party or any evidence acknowledged by a party in the Request for Arbitration, Statement of Defense, statements, exchange of evidence, questioning, or investigation processes, as well as in the representation statements of their agents, shall be affirmed, unless the party retracts such acknowledgment and there is sufficient contrary evidence to overturn it.
Article 64 Where a party is in possession of evidence but refuses to provide it without justified reasons, it may be presumed that the claims made by the other party regarding the content of such evidence are established.
Article 65 The Arbitral Tribunal may assess the probative value of multiple pieces of evidence pertaining to the same fact in accordance with the following principles:
(1) The probative value of official documentary evidence produced by state organs or social organizations in the course of their official duties is generally greater than that of other documentary evidence;
(2) The probative value of physical evidence, archives, appraisal conclusions, inspection records, or notarized or registered documentary evidence is generally greater than that of other documentary evidence, audio-visual materials, and witness testimony;
(3) The probative value of documentary evidence is generally greater than that of witness testimony;
(4) The probative value of original evidence is generally greater than that of derivative evidence;
(5) The probative value of direct evidence is generally greater than that of indirect evidence;
(6) The probative value of the testimony of a witness with a material interest is generally less than that of other witness testimony.
Article 66 The Arbitral Tribunal shall explain the reasons for the admission or rejection of evidence in the award, except for evidence over which the parties have no dispute.
Chapter VII Miscellaneous
Article 67 The parties may apply for expert determination on specialized issues involved in the case.
The procedures for expert determination on specialized issues involved in the case shall be formulated separately by the Commission.
Article 68 For matters not covered by laws or these Provisions, the facts of the case may be ascertained in accordance with generally accepted evidentiary principles, or in accordance with the rules of evidence agreed upon by both parties.
Article 69 The power to interpret these Provisions shall be vested in the Commission.
Article 70 These Provisions shall apply to any arbitration applied for on or after the effective date of these Provisions; for any arbitration applied for prior to the effective date of these Provisions, the rules of evidence in force at that time shall apply. Where the rules of evidence in force at that time are silent on a matter, the relevant stipulations of these Provisions may apply.
Article 71 These Provisions shall come into force as of June 1, 2026.