This note is an introduction to the China International Economic and Trade Arbitration Commission and the CIETAC Arbitration Rules Free Practical Law. Briefing of expedited procedure (summary procedure, emergency procedure), appointment of arbitrators, re-hearing after replacement of. These Rules are formulated in accordance with the Arbitration Law of the People’s Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules.
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According to Chinese practice, this means that the Rules are effective but may yet be revised. The date on which the award is made shall be the date on which the award comes into legal effect. The decision of the emergency arbitrator shall be binding upon both parties. The written record, arbitrattion minutes and the audio-visual record of an oral hearing shall be available for use and reference by the arbitral tribunal. The arbitral award is final and binding upon both parties.
If the Claimant has justified reasons to request an extension of the time period, the arbitral tribunal shall decide whether to grant such an extension. From , to 1,, Where the formalities required for filing a counterclaim are found to be complete, the Arbitration Court shall send a Notice of Acceptance of Counterclaim to the parties.
Where a case is to be decided on the basis of documents only, or where the evidence is submitted after the hearing and both parties have agreed to examine the evidence by means of writing, the parties may examine the evidence in writing.
Where evidence is vulnerable to being destroyed or lost and would be difficult to recover, the parties may apply for the preservation of the evidence.
However, the party shall communicate such request in writing to the arbitral tribunal within three 3 days of its receipt of the notice of the oral hearing. Article 52 Allocation of Fees.
Where conciliation is not successful, the arbitral tribunal shall resume the arbitral proceedings and render an arbitral award. Article 12 Application for Arbitration. Article 76 Nomination or Appointment of Arbitrator.
The provisions of the Summary Procedure ruels Chapter IV shall apply if a domestic arbitration case falls within the scope of Article 56 of ceitac Rules. Under Article 25 the Rules, the tribunal has the power to determine jurisdictional objections, including objections to the existence or validity of the arbitration agreement and the applicability of the Rules.
An arbitrator shall not represent either party, and shall be and remain independent of the parties and treat them equally.
CIETAC Current Arbitration Rules-China International Economic and Trade Arbitration Commission
The arbitral tribunal shall render an arbitral award within three 3 months from the date on which the arbitral tribunal is formed. An emergency arbitrator shall not represent either party, and shall be and remain independent of the parties and treat them equally. In such a case, if the Respondent has filed a counterclaim, the Respondent may be deemed to have withdrawn its counterclaim.
Where the tribunal is made up of three arbitrators, the presiding arbitrator should be jointly appointed by the parties or, absent their agreement, by the Chairman of CIETAC. The Claimant shall be deemed not to have submitted a Request for Arbitration if it fails to complete the required formalities within the specified time period. The arbitral tribunal shall examine the case in any way it deems appropriate unless otherwise agreed by the parties.
Download How to Start Arbitration t Article 50 Partial Award. Article 61 Notice of Oral Hearing. A number of other countries have made similar reservations when signing the New York Convention.
CIETAC Investment Arbitration Rules
Parties can apply for preservation before or during the arbitration proceedings. Chapter IV Summary Procedure. Unless otherwise agreed by the parties, a sole-arbitrator tribunal shall be formed in accordance with Article 28 of these Rules to hear a case under the Summary Procedure. The arbitral tribunal shall hold oral hearings when examining the case. Article 5 The Emergency Arbitrator Proceedings. Article 25, Article A party may be deemed to have withdrawn its claim or counterclaim if the arbitral proceedings cannot proceed for reasons attributable to that party.
Article 24 Duties of Arbitrator. The facts of the dispute and the reasons on which the award is based may not be stated in the award if the parties have so agreed, or if the award is made in accordance with the terms of a settlement agreement between the parties.
Unless the arbitral award is made in accordance with the opinion of the presiding arbitrator or the sole arbitrator and signed by the same, the arbitral award shall be signed by a majority of the arbitrators. In the absence of such an agreement or where such agreement is in conflict with a mandatory provision of the law, the arbitral tribunal shall determine the law applicable to the merits of the dispute. It has sub-commissions or arbitration centers Appendix I.
Article 79 Arbitration Fees. In response to more recent concerns about the legitimacy of investor-state arbitration, the Rules provide for a measure of transparency to the resolution ruels international investment disputes.
Abitration otherwise agreed by the parties, for an arbitration administered by the CIETAC Hong Kong Arbitration Center, the place of arbitration shall be Hong Kong, the law applicable arbitratioon the arbitral proceedings shall be the arbitration law of Hong Kong, and the arbitral award shall be a Hong Kong award.
Under such circumstance, the parties may apply to CIETAC for emergency relief pursuant to Appendix III, and the emergency arbitrator may decide to order or award necessary or appropriate emergency measures. CIETAC may also determine the place of arbitration to be another location having regard to the circumstances of the case.