CIETAC ARBITRATION RULES PDF

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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A guide to the CIETAC Arbitration Rules () | Practical Law

The periods of time specified in these Rules shall begin on the day following the day when the party receives or should have received the arbitration correspondence, notices or written materials sent by the Arbitration Court. Article 50 Partial Award. A party having justifiable doubts as to the impartiality or independence of an arbitrator may challenge that arbitrator in writing and shall state the facts and reasons on which the challenge is based with supporting evidence.

Article 2 Structure and Duties 1.

Where the parties have agreed on the language of arbitration, such language shall be the language of the Emergency Arbitrator Procedures.

Please contact customerservices lexology. These Rules shall be effective as of January 1, Where the Request for Joinder is filed after the formation of the arbitral tribunal, a decision shall be made by CIETAC after the arbitral tribunal hears from all parties including the additional party if the arbitral tribunal considers the joinder necessary.

Article 5 The Emergency Arbitrator Proceedings. Where there is no monetary claim or the amount in dispute is not clear, CIETAC shall determine whether or not to apply the Summary Procedure after full consideration of relevant factors, including but not limited to the complexity of the case and the interests involved.

How the Rules will be adopted in practice, however, remains to be seen. The arbitral tribunal shall decide whether or not to extend the time period.

Briefing of Fees and Important Rules under CIETAC Arbitration Rules (2015)

However, the parties are free to nominate arbitrators outside of the panel provided that they satisfy the same ethical and competence standards and are approved by the Chairman of CIETAC. Where the parties wish to conciliate their dispute but do not wish to have conciliation conducted by the arbitral tribunal, CIETAC may, with the consents of both parties, assist the parties to conciliate the rulee in arbihration manner and procedure it considers appropriate.

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The Chairman of CIETAC shall make a final decision on whether an arbitrator shall be replaced or not with or without stating the reasons therefor. If circumstances that need to be disclosed arise during the Emergency Arbitrator Procedures, the emergency arbitrator shall promptly disclose such circumstances in writing.

Article 49 Making of Award. This is consistent with the Chinese Arbitration Law, which arbitratioon this power to the arbitration commission or Chinese courts. When appointing arbitrators pursuant to these Rules, cistac Chairman of CIETAC shall take into consideration the law applicable to the dispute, the place of arbitration, the language of arbitration, the nationalities of the parties, and any other factor s the Chairman considers relevant.

Article 79 Arbitration Fees. Where a party becomes aware of a reason for a challenge after such receipt, the party may challenge the arbitrator in writing within fifteen 15 days after such reason has become known to it, but no later than the conclusion of the last oral hearing.

The Rules may also provide an alternative for non-Chinese investors and host countries attracted to international arbitration with Chinese or civil law characteristics. Article 1 The Arbitration Commission. ruoes

Timing and Review of the Final Award Rulss Rules incorporate a mechanism to ensure final awards are granted expeditiously. The arbitral award is final and binding upon both parties. Apart from charging the arbitration fee according to this Schedule, CIETAC may also collect other additional and reasonable actual expenses pursuant to the relevant provisions of the Arbitration Rules.

Claims and counterclaims are aggregated for the determination of the amount in dispute. The arbitral tribunal shall decide whether to suspend or resume the arbitral proceedings. The arbitration agreement shall be in writing. A more in-depth discussion on this issue is beyond the scope of this article. If no cietxc period is specified in the award, the parties shall perform the award immediately. Article 11 Commencement of Arbitration.

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Article 13 Acceptance of a Case. Where the parties have agreed on the rupes of an oral hearing, the case shall be heard at that agreed place except in the circumstances stipulated cietsc Paragraph 3 of Article 82 of these Rules. Article 10 Waiver of Right to Object.

Article 5 Arbitration Agreement. Article 3 Jurisdiction 1.

Briefing of Fees and Important Rules under CIETAC Arbitration Rules () – Lexology

Article 20 Submission and Exchange of Arbitration Documents. Article 67 Formation of the Arbitral Tribunal. Facilitating the Belt and Road: Upon receipt of a Request for Arbitration, where after examination, the Arbitration Court finds the Request not ciettac be in conformity with the formality requirements specified in Article 12 of these Rules, it may request the Claimant to comply with the requirements within a specified time period.

Article 80 Context Reference.

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. Article 78 Seal on Award. However, the arbitral tribunal may examine the case on the basis of documents only if the parties so agree and the arbitral tribunal consents or the arbitral tribunal deems that oral hearings are unnecessary and the parties so agree.

Article 47 Combination of Conciliation with Arbitration. Where the amount in dispute is not ascertained at the time of applying for arbitration, or where special circumstances exist, the amount of the administrative fee shall be determined by CIETAC taking into account the circumstances of the case.