CIETAC ARBITRATION RULES PDFApril 6, 2021
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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Unless otherwise agreed by the parties, Summary Procedure shall be applied to any case where the amount in dispute does not exceed 5, CNY; or to any case where the amount in dispute exceeds 5, CNY, yet both parties agree or one party applies for arbitration under the Summary Procedure and the other party agrees in writing. Article 53 Correction of Award.
An arbitration agreement shall be deemed to exist rulex its existence is asserted by one party and not denied by the other during the exchange of the Request for Arbitration and the Statement of Defense. After the consolidation of arbitrations, 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.
Briefing of Fees and Important Rules under CIETAC Arbitration Rules (2015)
Article 61 Notice of Oral Hearing. The Application, evidence and other documents shall be submitted in triplicate. Arb-Med Procedures Consistent with current Chinese commercial arbitration rules and practice, the Rules incorporate a combination of arbitration and directed mediation. Application and Jurisdiction The Rules apply if the parties to an international investment dispute agree to have their dispute referred to arbitration under the Rules or if they agree to resolve their disputes by arbitration administered by CIETAC Article 3.
CIETAC shall have the power to decide not to join an additional party where the additional party is prima facie not bound by the arbitration agreement invoked in the arbitration, or where any other circumstance exists that makes the joinder inappropriate. A written dissenting opinion shall be kept with the file and may be appended to the award.
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.
The prepaid expenses include but not arbitratkon to: The emergency arbitrator has the power to make a decision to order or award necessary emergency relief, and shall make every reasonable effort to ensure that the decision is valid. An emergency arbitrator or tribunal seated in mainland China would not be likely to have the legal authority to order interim relief in the form of conservatory measures.
Applicable procedural rules vary by treaty and many treaties allow the tribunal the discretion to determine its own cietzc rules.
CIETAC Investment Arbitration Rules | China Law Insight
Where the arbitral tribunal is composed of a sole arbitrator, the number of copies submitted may be reduced by two. The arbitral tribunal may cieta to admit any evidence produced after that time period. A partial arbitratioon is final and rles upon both parties. Summary Dismissal The Rules incorporate a mechanism for the early dismissal of claims, including counterclaims, that are manifestly without legal basis or beyond the jurisdiction of the tribunal. 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 agreement.
CIETAC Investment Arbitration Rules
In the meanwhile, the Rules are a welcome addition to Chinese international arbitration practice. The Applicant shall advance the costs for the Emergency Arbitrator Procedures.
The emergency arbitrator may decide to order or award necessary or appropriate emergency measures. Upon a reasoned request of a party, the emergency arbitrator arbtration the arbitral tribunal to be formed may aebitration, suspend or terminate the decision.
Article 7 Costs of the Emergency Arbitrator Proceedings. 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.
CIETAC Current Arbitration Rules-China International Economic and Trade Arbitration Commission
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.
Article 48 Time Period for Rendering Award. The emergency arbitrator shall determine in its decision in what proportion the costs of the emergency arbitrator proceedings shall be borne by the parties, subject to the power of the arbitral tribunal to finally determine the allocation of such costs at the request of a party.
The relevant provisions in the other Chapters of these Rules, with the exception of Chapter VI, shall apply to matters not covered in this Chapter.
Article 24 Duties of Arbitrator. The Rules apply if the parties argitration an international investment dispute agree to have their dispute referred to arbitration under the Rules or if they agree to resolve their disputes by arbitration administered by CIETAC Article 3. Under the Rules, both cidtac emergency arbitrator and the tribunal have authority to order a party to provide security in connection with the relief sought.
The tribunal, after consultation with the parties, has the power to determine whether to accept an application for summary dismissal. Article 19 Consolidation of Arbitrations.
Where one party fails to perform the award, the other party may apply to a competent court for enforcement of the award in accordance with the law. The prevailing view is that a tribunal seated in mainland China does not arbktration this authority, as current Chinese law does not expressly convey this authority to tribunals in China.
Failure of either party to perform a partial award shall neither affect the arbitral proceedings nor prevent the arbitral tribunal from making the final award. A party having justified reasons may request a postponement of the oral hearing.