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 29 Multiple-Party Tribunal.
The date on which the Arbitration Court receives the Request for Joinder shall be deemed to be the date of the commencement of arbitration against the additional party. How the Rules will be adopted in practice, however, remains to be seen.
A party which has justifiable doubts as to the impartiality or independence of the appointed emergency arbitrator may challenge that emergency arbitrator in writing and shall state the facts and reasons on which the challenge is based with supporting evidence. The Arbitration Court may fix the amount of the costs of the emergency arbitrator proceedings refundable to the Applicant if such proceedings terminate before the emergency arbitrator has made a decision.
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. Article 54 Additional Award.
A guide to the CIETAC Arbitration Rules (2015)
Where the parties request for a conciliation statement, the conciliation statement shall clearly set forth the claims of the parties and the terms of the settlement agreement.
The arbitral tribunal shall decide whether or not to extend the time period. The parties may each recommend one to five arbitrators as candidates for the presiding arbitrator and shall each submit a list of recommended candidates within the time period specified in the preceding Paragraph 2.
FromtoThe arbitral tribunal shall independently and impartially render a fair and reasonable arbitral award based on the facts of arbtiration case and the arbitrafion of the contract, in accordance with the law, and with reference to international practices.
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 summary of the Rules rulea their features: Where the parties have agreed on the place of an oral hearing, the case shall be heard at that agreed place except in the circumstances stipulated in Paragraph 3 of Article 82 of these Rules.
An arbitration agreement means an arbitration clause in a contract or any other form of a written agreement concluded between the parties providing for the settlement of disputes cietaac arbitration.
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 arbitratiion the allocation of such costs at the request of a party.
Article 21 Copies of Arbitration Documents. Article 25, Article Register now for your free, tailored, daily legal newsfeed service.
Briefing of Fees and Important Rules under CIETAC Arbitration Rules (2015)
The arbitral tribunal shall state in the award the claims, the facts of the dispute, the reasons on which the award is based, the result of the award, the allocation of the arbitration adbitration, and the date on which and the place at which the award is made. The parties may agree to pay arbitrator fees at a price higher than the upper limit or to pay arbitrator fees billed at an hourly rate.
Article 6 Decision of the Emergency Arbitrator. If the challenge is accepted, the President of the Arbitration Court shall reappoint an emergency arbitrator within one 1 day from the date of the decision confirming the challenge, and copy the decision to the Chairman of CIETAC. Article 67 Formation of the Arbitral Tribunal. Article 64 Context Reference. Article 4 Place of the Emergency Arbitrator Proceedings. Where there is only one common candidate on the lists, such rukes shall be the presiding arbitrator jointly nominated by the parties.
The headings of the articles in these Rules arbitratioon not be construed as interpretations of the contents of the provisions contained therein. The cases referred to in the preceding paragraph include: Download How to Start Arbitration t Where the parties jointly or separately request a suspension of the arbitral proceedings, or under circumstances where such suspension is necessary, the arbitral proceedings may be suspended.
Cietca 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 Rulees to constitute an arbitral tribunal to render an arbitral award in accordance with the terms of the settlement agreement.
Briefing of Fees and Important Rules under CIETAC Arbitration Rules () – Lexology
The specific procedure and time period for rendering the award shall not be subject to other provisions of these Rules. Such additional award shall form a part of the arbitral award and shall be subject to the provisions in Paragraphs 4 to 9 of Article 49 of these Rules. Unless otherwise agreed by the parties or provided by cietwc Rules, the arbitral arbittration shall be composed of three arbitrators. 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.
The arbitral tribunal may hold deliberations at any place or in any manner that it considers appropriate. Article 71 Time Period for Rendering Award. The arbitral tribunal shall be formed in accordance with Article 29 of these Rules. If a party fails to file a challenge within the above time period, it may not subsequently challenge the emergency arbitrator on the basis of the matters disclosed by the emergency arbitrator. This is likely to change, with growing outbound Chinese investment and increased Chinese investor awareness of investment treaty rights.
A written dissenting opinion shall be kept with the file and may be appended to the award. Unless otherwise agreed by the parties, a sole-arbitrator tribunal shall be formed in accordance with Article 28 of these Rules to hear a case under the Summary Procedure. However, the party shall communicate such request in writing to the arbitral tribunal within three 3 days of its receipt of the notice of the oral hearing. The tribunal must issue the final award within six months from the conclusion of the hearing, unless extended by the President of the Arbitration Court of CIETAC at the request of the tribunal Article Article 78 Seal on Award.