The China International Economic and Trade Arbitration Commission (“CIETAC”) recently revised its Arbitration Rules and will implement. The Arbitration Rules delete the provisions that CIETAC may voluntarily ask for the consent of all parties to consolidate proceedings. The latest edition of the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules (the Rules), which.
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In addition, there is no provision regulating the details of the consolidation, such as adjustment of arbitration fees or remuneration of the arbitrators, enforcement of court rulings on interim measures, the appointment of arbitrators when more than two parties have conflicts of interests, and the adjustment of the starting point for calculating the time limit for rendering an award, etc.
Where the amount in dispute is not ascertained at the time of applying for arbitration, or where special circumstances exist, the amount of the arbitration fee deposit shall be determined by CIETAC in adbitration of the specific rights and rulee involved in the dispute.
Can the stenographic record be used as a piece of evidence in court proceedings? If the application is refused by the arbitral tribunal, it shall nevertheless be recorded and kept with the file.
A guide to the CIETAC Arbitration Rules (2015)
According to the newsletter issued at that time and the Arbitration Rules, the Arbitration Court will be in charge of the administration of arbitration cases, while the Secretariat will be responsible for the public services provided under Article 19 of the Charter of CIETAC. 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. If no time period is specified in the award, the parties shall perform the award immediately.
Turn off more accessible mode. After consulting with the parties and upon the approval of the Chairman of CIETAC, the other two arbitrators may also continue the arbitral proceedings and make decisions, rulings, or render the award.
Emergency Arbitrator In recent years, many international arbitration institutions have introduced emergency arbitrator procedures. Article 10 Waiver of Right to Object. The relevant provisions on the submission of the Statement of Defense and the Statement of Counterclaim under these Rules shall apply to the additional party.
The Arbitration Court may require the Applicant to advance any other additional and reasonable actual costs. When appointing arbitrators pursuant to these Rules, the 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. From 20, to 40, For a case examined by way of an oral hearing, after the arbitral tribunal has fixed a date for the first oral hearing, the parties shall be notified of the date at least fifteen 15 days in advance of the oral hearing.
However, because these arbitration clauses are contained in different agreements, the parties were previously required to initiate separate arbitration proceedings. 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.
Most users should sign in with their email address. The provisions of the Summary Procedure in Chapter IV shall apply if a domestic arbitration case falls within the scope of Article 56 of these Rules. In such a case, if the Respondent has filed a counterclaim, the Respondent may be deemed to have withdrawn its counterclaim. The Request for Arbitration and its attachments submitted by the Claimant shall be sent to the Respondent under the same cover.
Sign In or Create an Account. Article 18 of the Rules now formalises this procedure. Article 71 Time Period for Rendering Award.
Article 34 Continuation of Arbitration by Majority. On the one hand, CIETAC has established an arbitration center in Hong Kong, and in accordance with the Hong Kong Arbitration Ordinance, the enforceability of the emergency relief decisions made by emergency arbitrators is equal to the orders or instructions made by the court and the court shall enforce such decisions.
With the development of the Chinese economy, case loads and the average amounts in dispute have been steadily increasing in recent years. In addition to all parties’ agreement to consolidate, revisions are made to Article 19 of the New Rules, whereby the consolidation of arbitrations may be decided by CIETAC without all parties’ agreement.
Where CIETAC is satisfied by prima facie evidence that a valid arbitration agreement exists, it may make a decision based on such evidence that it has jurisdiction over the arbitration case, and the arbitration shall proceed. Receive exclusive offers and updates from Oxford Academic.
Arbitration participants shall proceed with the arbitration in good faith. In circumstances other than those specified in the preceding Paragraph 5, the Chairman of CIETAC shall make a final decision on the challenge with or without stating the reasons.
Such dissenting opinion shall not form a part of the award. Article 32 Challenge to Arbitrator. When a case is accepted, an additional amount of RMB 10, shall be charged as the registration fee, which shall include the expenses for examining the application for arbitration, initiating the arbitral proceedings, computerizing management and filing documents.
These procedures allow the parties to file an application with the arbitration commission for an emergency arbitrator pursuant to applicable laws after the case is accepted by the commission but prior to the establishment of the arbitral tribunal.
The disclosure rulss challenge proceedings shall apply equally to the reappointed emergency arbitrator. The Rules introduce procedural innovations adopted in past years by bodies such as the Hong Kong International Arbitration Centre and the Singapore International Arbitration Centre. An emergency arbitrator shall not represent either party, and shall be and remain independent of the parties and treat them equally.
Under all circumstances, the arbitral tribunal shall act impartially and fairly and shall afford a reasonable opportunity to both parties to present their case.
CIETAC issued the Arbitration Rules | China Law Insight
The hourly rate for a sole or presiding arbitrator shall be the rate agreed upon by that arbitrator and both parties. A party requiring emergency relief may apply for the Emergency Arbitrator Procedures based upon the applicable law or the agreement of the parties. Article 54 Additional Award. In deciding whether to consolidate the arbitrations in accordance with the preceding Paragraph 1, CIETAC shall take into account the opinions of all parties and other relevant factors such as the correlation between the arbitrations concerned, including the nomination and appointment of arbitrators in the separate arbitrations.
Where a party becomes aware of a reason for a challenge after such receipt, the party adbitration challenge the arbitrator in writing within fifteen 15 days after arbtiration reason has become known to it, but no later than the conclusion of the last oral hearing. Article 6 Decision of the Emergency Arbitrator. Article 4 Scope of Application.