Regulations of Hangzhou Municipality on Arbitration of Urban Real Estate Disputes

Chapter I General Provisions Article 1 In order to handle real estate disputes in a timely and correct manner, protect the legitimate rights and interests of the parties, and maintain the order of real estate management, these Regulations are formulated in accordance with the provisions of relevant state laws and regulations and in light of the actual situation of this Municipality. Article 2 These Regulations shall apply to real estate disputes between citizens, legal persons and other organizations and between equal subjects within the urban area of this Municipality.

This provision also applies to foreign-related real estate disputes. Article 3 City, county (city) and district real estate dispute arbitration committees (hereinafter referred to as arbitration committees) shall be responsible for the arbitration of urban real estate disputes within their respective jurisdictions. Article 4 When trying real estate disputes, the Arbitration Commission must take facts as the basis, take laws as the criterion, and apply laws equally. Article 5 The Arbitration Commission shall adopt the 1 arbitration system when trying real estate disputes. Article 6 The parties to a real estate dispute may entrust 0 to 2 persons as agents. The agent shall submit to the arbitration commission a power of attorney signed or sealed by the client and indicating the entrusted matters and authority. Chapter II Jurisdiction Article 7 The Arbitration Commission shall accept cases of real estate disputes caused by ownership, sale, lease, loan, gift, division, exchange, pawn, mortgage and infringement of real estate property rights. Article 8 The Arbitration Commission shall not accept the following cases of real estate disputes:

(a) the people's court has accepted or concluded the real estate dispute cases;

(two) the real estate dispute cases being handled by the real estate management department;

(three) the real estate dispute cases that have been accepted by the economic contract arbitration institution;

(4) Cases of real estate disputes within organs, organizations, armed forces, enterprises and institutions;

(five) the state laws, regulations and policies clearly stipulate that real estate disputes shall be accepted by other organs. Article 9 Cases of real estate disputes shall be under the jurisdiction of the county (city) or district arbitration commission where the real estate is located.

Real estate disputes between units above the municipal level, real estate disputes with disputed housing construction area of more than 200 square meters and foreign-related real estate disputes shall be under the jurisdiction of the Municipal Arbitration Commission.

Jurisdiction disputes shall be settled by both parties to the dispute through consultation; If negotiation fails, it shall be submitted to the Municipal Arbitration Commission for designated jurisdiction. Tenth cases under the jurisdiction of the county (city) and district arbitration committees, which need to be handled by the Municipal Arbitration Committee, may be submitted to the Municipal Arbitration Committee for handling.

When the Municipal Arbitration Commission deems it necessary, it has the right to handle cases under the jurisdiction of the county (city) or district arbitration commission, or it may transfer cases under its jurisdiction to the county (city) or district arbitration commission for handling. Chapter III Institutions Article 11 Cities, counties (cities) and districts shall set up real estate dispute arbitration committees. County (city) and district arbitration commissions are guided by the municipal arbitration commission in business.

The Arbitration Commission is composed of the heads of urban construction, real estate management, land management, urban planning, price, legal system and other departments of the people's government at the same level and the heads of relevant social organizations. The Arbitration Commission shall have a chairman 1 person, deputy directors 1 to 2 people, and several members.

Members of the Arbitration Commission shall be approved by the people's government at the same level and reported to the higher real estate management department for the record. Article 12 The Arbitration Commission shall set up an arbitration tribunal, staffed by a number of full-time arbitrators, to hear real estate disputes.

The Arbitration Commission may appoint part-time arbitrators according to the needs of its work.

Part-time arbitrators enjoy the same rights as full-time arbitrators when performing official arbitration duties.

Part-time arbitrators shall provide convenience when conducting arbitration activities.

Arbitrators should be upright, honest and fair, and have certain legal knowledge, real estate management expertise and handling ability.

The arbitrator shall pass the examination by the Municipal Arbitration Commission and issue a certificate, and shall be appointed or employed by the Arbitration Commission at the same level. Article 13 The Arbitration Commission shall hear real estate disputes, and the arbitration tribunal shall consist of 0 chief arbitrators and 2 arbitrators. Article 14 In adjudicating real estate disputes, the arbitration tribunal shall follow the principle that the minority is subordinate to the majority. Different opinions should be truthfully recorded.

The arbitration tribunal shall submit major and difficult cases to the Arbitration Commission for discussion and decision. The arbitration tribunal must implement the decision of the arbitration commission. Fifteenth arbitrators have an interest in the case, which may affect the impartiality, and must voluntarily withdraw; The parties have the right to apply for withdrawal orally or in writing.

The arbitration commission shall make a timely decision on the application for withdrawal and notify the parties orally or in writing. Chapter IV Procedures Article 16 A party to a real estate dispute applying for arbitration shall meet the following conditions:

(1) The applicant has a direct interest in the case;

(2) Having a clear respondent;

(3) There are specific arbitration claims, facts and reasons;

(4) Being within the scope of acceptance and jurisdiction of the Arbitration Commission. Article 17 When applying to the Arbitration Commission for arbitration, a party shall submit a written application and relevant evidence, and submit a copy of the application according to the number of respondents. Article 18 The Arbitration Commission shall, within 7 days from the date of receiving the application, make a decision on whether to accept it or not, and notify the applicant. Article 19 If the Arbitration Commission decides to accept a real estate dispute case, it shall serve a copy of the application to the respondent within 5 days from the date of making the decision. The respondent shall submit the defense and relevant evidence within 05 days from the date of receiving the copy of the application.

If the respondent submits a statement of defense, the Arbitration Commission shall serve a copy of the statement of defense on the applicant within 5 days from the date of receipt. If the respondent fails to submit a written reply, it will not affect the trial of the case.