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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Article 80 Context Reference. Article 1 The Arbitration Commission. 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 aebitration costs.
A guide to the CIETAC Arbitration Rules (2015)
If a party experiences difficulties in producing evidence within the specified time period, it may apply for an extension before the end of the period. Public Hearings and Transparency In response to more recent concerns about the legitimacy of investor-state arbitration, the Rules provide for a measure of transparency to the resolution of international investment disputes.
However, the parties are free to rulfs arbitrators outside of the panel provided that they satisfy the same ethical xrbitration competence standards and are approved by the Chairman of CIETAC.
Article 11 Commencement of Arbitration. Article 26 Nomination or Appointment of Arbitrator. 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 urles arbitration, or where any other circumstance exists that makes the joinder inappropriate. The written record, the minutes and the audio-visual record of an oral hearing shall be available for use and reference by the arbitral tribunal.
Terms of Reference The arbitration tribunal may produce terms of reference when necessary. For cases heard in camera, 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 matters relating to the case.
Chapter IV Summary Procedure. The tribunal will be made up of three arbitrators unless the parties agree otherwise Article 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 arbitrqtion, including the nomination and appointment of arbitrators in the separate arbitrations.
Article 14 Multiple Contracts. If circumstances that need to be disclosed arise during the Emergency Arbitrator Procedures, the emergency arbitrator shall promptly disclose such circumstances in writing.
Briefing of Fees and Important Rules under CIETAC Arbitration Rules () – Lexology
In the absence of such an agreement or where such agreement is in conflict with a mandatory arbitrationn of the law, the arbitral tribunal shall determine the law applicable to the merits of the dispute.
In such a case, if the Respondent has filed a counterclaim, the arbitral tribunal citeac proceed with the hearing of the counterclaim and make a default award. Any party or participant in the arbitration may apply for a correction upon finding any omission or mistake in the record regarding its own statements.
From 10, to 50, Article 60 Conduct of Hearing.
CIETAC Investment Arbitration Rules
If circumstances that need to be disclosed arise during the arbitral proceedings, the arbitrator shall promptly disclose such circumstances in writing. A non-disputing treaty party may submit a written opinion on the interpretation of the investment treaty provisions relevant to the dispute or other relevant matters before the tribunal.
Article 4 Place of the Emergency Arbitrator Proceedings. Where the party cieatc for preservation of property or protection of evidence, it shall also provide additional copies accordingly. It has sub-commissions abritration arbitration centers Appendix I. However, the party arbitragion communicate such request in writing to the arbitral tribunal within five 5 days of its eules of the notice of the oral hearing.
A summary of the Rules and their features: To date, there have been few China-related investor-state arbitrations, as historically these types of disputes have been resolved diplomatically or by settlement between the parties.
Where the amount in dispute is not ascertained at arbktration time of applying for arbitration, or where special circumstances exist, the amount of the arbitration fee deposit shall be determined by CIETAC in consideration of the specific rights and interests involved in the dispute.
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.
Where a Request for Arbitration is found not to be in conformity with the requirements, the Arbitration Court shall notify the party in writing of its refusal of acceptance with reasons stated. The arbitral award rulea be deemed as having been made at the place of arbitration. The Rules give primacy to party consent and permit the parties to determine whether the proceedings are confidential or public and so do not adopt the same standard of transparency as the Mauritius Convention.
Effective as of January 1, The arbitral proceedings shall resume as soon as the reason for the suspension disappears or the suspension arbirration ends. Where arbitrayion arbitral tribunal is composed of one arbitrator, the sole arbitrator shall be nominated pursuant to the procedures stipulated in Paragraphs 2, 3 and 4 of Article 27 of these Rules.
During the process of conciliation, the arbitral tribunal shall terminate the conciliation proceedings if either party so requests or if the arbitral tribunal considers that further conciliation efforts will be futile. Where a case is examined by an arbitral tribunal composed of three arbitrators, the award shall be rendered by all three arbitrators or a majority of the arbitrators. Xicheng District, Beijing,P. The panel has not yet been announced.
The Applicant shall advance the costs for the Emergency Arbitrator Procedures. 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 78 Seal on Award. A party shall be deemed to have waived its right to object where it knows or should have known that any provision of, or requirement under, these Rules cietca not been complied with and yet participates in or proceeds with the arbitral proceedings without promptly and dietac submitting its objection in writing to such non-compliance.
Within twenty 20 days from the date of its receipt of the Notice of Arbitration, the Arbitratuon shall submit its Statement of Defense, evidence and other supporting documents.