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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Rules of Foreign Arbitration International Conventions and If a party fails to file a challenge within the above time period, it may not subsequently challenge the arbitrator on the basis of the matters disclosed by the arbitrator. Upon a reasoned request of a party, the emergency arbitrator or the arbitral tribunal to be formed may modify, suspend or terminate the decision.
Where the parties have reached a settlement agreement by themselves through negotiation or conciliation before the commencement of an arbitration, either party may, based on an arbitration agreement concluded between them that provides for arbitration by CIETAC and the settlement agreement, request CIETAC to constitute an arbitral tribunal to render an arbitral award in accordance with the terms of the settlement abitration.
The above written correction shall form a part of the arbitral award and shall be subject to the provisions in Paragraphs 4 to 9 of Article 49 of these Rules. Where conciliation is not successful, neither party may invoke any opinion, view ciehac statement, and any proposal or proposition expressing acceptance or opposition by either party or by the arbitral tribunal in the process of conciliation as grounds for any claim, defense or counterclaim in the subsequent arbitral proceedings, judicial proceedings, or any other proceedings.
Article 40 Record of Oral Hearing. Article 50 Partial Award. Expedited Procedure Under CIETAC rules, some specific rules rulew set up to help parties when they need to resolve disputes more quickly or encounter some emergency situations i.
Terms of Reference The arbitration tribunal may produce terms of reference when necessary. Under normal situation not in Summary Procedure an arbitration tribunal shall be composed of three arbitrators unless otherwise agreed by the parties or stipulated by relevant Rules.
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. In such circumstances, the parties shall submit their written opinions on the evidence within the time period specified by the arbitral tribunal. If the Claimant fails to appear at an oral hearing without showing sufficient cause, or withdraws cistac an on-going oral hearing without the permission of the arbitral tribunal, the Claimant may be deemed to have withdrawn its application for arbitration.
Article 27 Three-Arbitrator Tribunal. The arbitral tribunal may refuse to admit any evidence produced after that time period. Like other recent developments in arbitration in China, the intent behind the Rules is to cietaac dispute resolution options that may be more even-handed toward Chinese parties.
A guide to the CIETAC Arbitration Rules () | Practical Law
Unless otherwise agreed by the parties or provided by these Rules, the arbitral tribunal shall be composed of three arbitrators. From 1, to 5, The arbitral tribunal has the power to decide in the arbitral award, having regard to the circumstances of the case, that the losing party shall compensate the winning party for the expenses reasonably incurred by it in pursuing the case.
The date on which the award is made shall be the date on which the award comes into legal effect. The arbitral tribunal may specify a time period for the parties to produce evidence and the parties shall produce evidence within the specified time period.
The Respondent shall file a Statement of Defense in writing within forty-five 45 days from the date of its receipt of the Notice of Arbitration. The Claimant shall submit its Statement of Defense in writing rulees thirty 30 days from the date of its receipt of the Notice. Rupes case may be dismissed if the claim and counterclaim have been withdrawn in their entirety.
Article 35 The claimant may apply to amend its claim and the respondent riles apply to amend its counterclaim after the terms of reference if any has been made, however, the arbitral tribunal may not permit any such amendment if it considers that the amendment is too late that the arbitration proceedings may be delayed. When submitting the Request for Arbitration, the Statement of Defense, the Statement of Counterclaim, evidence, and other arbitration documents, the parties shall make their submissions in quintuplicate.
Article 20 Submission and Exchange of Arbitration Documents. For cases heard in cketac, the parties and their representatives, the arbitrators, the witnesses, the interpreters, the experts consulted by the arbitral tribunal, the appraisers appointed by the arbitral tribunal and other relevant persons shall not disclose to any outsider any substantive or procedural arbitratioh relating to the case.
Currently, China has more than bilateral and multilateral investment treaties in place, including 56 bilateral investment treaties with countries on the Belt and Road.
A guide to the CIETAC Arbitration Rules (2015)
Article 10 Waiver of Right to Object. All documents, notices and written materials in srbitration to the arbitration may be delivered in person or sent by registered mail or express mail, fax, or by any other means considered proper by the Arbitration Court or the arbitral tribunal.
Formation of the Tribunal The tribunal will be made up of three arbitrators unless the parties agree otherwise Article The Rules are intended to wrbitration an efficient and lower cost alternative for international investment arbitration.
The Chinese Supreme Court has confirmed that investor-state disputes do not constitute commercial disputes. The emergency arbitrator may decide to order or award necessary or appropriate emergency measures. Summary Dismissal The Rules incorporate a mechanism for the early dismissal of claims, including counterclaims, arbitrstion are manifestly without legal basis or beyond the jurisdiction of the tribunal.
The Chairman of CIETAC shall make a final decision on whether or not an arbitrator should be replaced with or without stating the arbltration. If the Respondent fails to appear at an oral hearing without showing sufficient cause, or withdraws from an on-going oral hearing without the permission of the arbitral tribunal, the arbitral tribunal may proceed with the arbitration and make a default award.
Unless otherwise agreed by the parties, the arbitral tribunal may adopt an inquisitorial or adversarial approach in hearing the case having regard to the circumstances of the case.
CIETAC Investment Arbitration Rules | China Law Insight
Estimated institution and arbitrator fees based on the following amounts in dispute are as follows: The arbitral tribunal has xrbitration power to decide whether to accept a fietac or a Statement of Defense submitted after the expiration of the above time period. Third Party Funding The Rules expressly permit third party funding. Arbitration participants shall proceed with the arbitration in good faith.
Chapter I General Provisions. When submitting a Request for Arbitration to the CIETAC Hong Kong Arbitration Center, the Claimant shall pay a registration fee of HKD 8, which shall include the expenses for examining the application for arbitration, initiating the arbitral proceedings, computerizing management, filing documents and labor costs.
Article 25, Article Register now for your free, tailored, daily legal newsfeed service. The Arbitration Court may require the Applicant to advance any other additional and reasonable actual costs.
The arbitfation tribunal shall render an arbitral award within three 3 months from the date on which the arbitral tribunal is formed. Article 29 Multiple-Party Tribunal. Article 62 Time Period for Rendering Award. The arbitral tribunal shall decide whether to suspend or resume the arbitral proceedings. Rlues circumstances other than those specified in the preceding Paragraph 5, the Chairman of CIETAC shall make a final arbitratioh on the challenge with or without stating the reasons.
Where the parties have reached a settlement agreement through conciliation by the arbitral tribunal or by themselves, they may withdraw their claim or counterclaim, or request the arbitral tribunal to render an arbitral award or a conciliation statement in accordance with the terms of the settlement agreement. Article 64 Context Reference.