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.
|Published (Last):||9 October 2007|
|PDF File Size:||20.77 Mb|
|ePub File Size:||18.90 Mb|
|Price:||Free* [*Free Regsitration Required]|
Article 84 Coming into Force.
The relevant provisions in the other Chapters of these Rules shall apply to matters not covered in this Chapter. The hourly rate for each co-arbitrator shall be the rate agreed upon by that co-arbitrator and the nominating party. A party may challenge an arbitrator in writing within fifteen 15 days from the date it receives the Notice of Formation of the Arbitral Tribunal.
Article 42 Examination of Evidence. The Arbitration Court may require the Applicant to advance any other additional and reasonable actual costs. From 1, to 50, Article 76 Nomination or Appointment of Arbitrator. Claims and counterclaims are aggregated for the determination of the amount in dispute.
Article 7 Place of Arbitration. Where the parties have failed to jointly nominate the presiding arbitrator according to the above provisions, the presiding arbitrator shall be appointed by the Chairman of CIETAC.
Upon receipt of a Request for Arbitration, where the Arbitration Court finds the Request cetac meet the requirements specified in Article 12 of these Rules, the Arbitration Court shall notify the parties accordingly within five 5 days from its receipt of the Request. The arbitration tribunal may produce terms of reference when necessary. The headings of the articles in these Rules shall not be construed as interpretations of the contents of the provisions contained therein.
CIETAC Investment Arbitration Rules
Article 35 Conduct of Hearing. However, the arbitral tribunal may examine the case on the basis of documents only if the parties so agree and the arbitral tribunal cietwc or the arbitral tribunal deems that oral hearings are unnecessary and the parties so agree. Where the law applicable to an arbitration agreement has different provisions as to the form and validity of the arbitration agreement, those provisions shall prevail.
A more in-depth discussion on this issue is beyond the scope of this article. In the meanwhile, the Rules are a welcome addition to Chinese international arbitration practice.
CIETAC Investment Arbitration Rules | China Law Insight
After the joinder proceedings commence, the conduct of the arbitral proceedings shall be decided by the Arbitration Court if the arbitral tribunal is not formed, or shall be decided by the arbitral tribunal if it has been formed. The specific procedure and time period for rendering the award shall not be subject arbitratiion other provisions of these Rules. The President of the Arbitration Court shall make a final decision on the challenge of the emergency arbitrator.
A party may challenge an emergency arbitrator in writing within two 2 days from the date of its receipt of the Notice of Acceptance. The prevailing view is that a tribunal seated in mainland China does not have this authority, as current Chinese law does not expressly convey this authority to tribunals in China.
Article 69 Notice of Oral Hearing. Under all circumstances, the arbitral tribunal shall act impartially and fairly and shall afford a reasonable opportunity to both parties to present their case.
Article 78 Seal on Award. For an English version of the Rules, please contact us. The decision of the emergency arbitrator shall be binding upon both parties. A notice of a subsequent oral hearing, a notice of a postponed oral hearing, as well as a request for postponement of such oral hearing, shall not be subject to the arbbitration periods specified in the preceding Paragraph 1. Article 35 The claimant may apply to amend its claim and the respondent may 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.
An arbitration agreement is in writing if it is contained in the tangible form of a document such as a contract, letter, telegram, telex, fax, electronic data interchange, or email. Evidence collected by rlues arbitral tribunal through its investigation shall be forwarded to the parties for their comments.
The Claimant shall submit its Statement of Defense in writing within thirty 30 days from the date of its receipt of the Notice. The Claimant may initiate a single arbitration concerning disputes arising out of or in connection with multiple contracts, provided that: