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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Article 30 Considerations in Appointing Arbitrators. The periods of time specified in these Rules shall begin on the day following the day when the party receives afbitration should have received the arbitration correspondence, notices or written materials sent by the Arbitration Court. Turn off more accessible mode. In our opinion, CIETAC should have the power to determine whether the latter case should be consolidated into the earlier case or otherwise, especially considering that CIETAC has the power to decide to consolidate proceedings at its own discretion.
CIETAC issued the Arbitration Rules | China Law Insight
After all such fees and expenses have been paid in full jointly or by one of the parties, the CIETAC Hong Kong Arbitration Center shall release such award to the parties according to the decision of the arbitral tribunal. If the Arbitral Court decides to engage a stenographer with the opposition from the other party, should the stenographic record be provided to the opposing party?
Article 58 Formation of the Arbitral Tribunal. Purchase Subscription prices and ordering Short-term Arbiteation To purchase short term access, please sign in to your Oxford Academic account above.
The arbitral tribunal shall render an arbitral award within four 4 months from the date on rues the arbitral tribunal is formed. The Application, evidence and other documents shall be submitted in triplicate.
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Where a case is to be decided on the basis of documents only, or where the evidence is submitted after the hearing and both parties have agreed to examine the evidence by means of writing, the parties may examine the evidence in writing. Article 47 Combination of Conciliation with Arbitration.
Special provisions for Hong Kong arbitration A new chapter is added to the New Rules with special provisions for Hong Kong arbitration. Article 51 Scrutiny of Draft Award. Latest Most Read Most Cited Principles of interpretation of contracts under English law and their application in international arbitration. The parties may also settle their dispute by themselves. Where the arbitral tribunal is composed of a sole arbitrator, the number of copies submitted may be reduced by two.
However, the party shall communicate such request in writing to the arbitral tribunal within five 5 days of its receipt of the notice of the oral hearing. It should, however, be noted that PRC law on emergency relief appears to render these provisions untenable in the Mainland. CIETAC has the power to determine the existence and validity of an arbitration agreement and its jurisdiction over an arbitration case.
For example, in the event that cieatc earlier case employs the summary procedures while the later employs the general procedures, then under the current rules the consolidated arbitration would be required to use the summary procedures based on the Arbitration Rules, which is inconsistent with the conditions for summary procedure; however, if CIETAC refrains from consolidation because of this, it would contradict with the purpose of consolidation.
Article 3 Disclosure and Challenge of the Emergency Arbitrator. The added conditions under which arbitrations can be consolidated are essentially the same as the conditions for multiple-contract arbitrations.
The facts of the dispute and the reasons on which the award is based may not be stated in the award if the parties ciietac so agreed, or if the award is made in accordance with the terms of a settlement agreement between the parties. Article 20 Submission and Exchange of Arbitration Documents.
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. Article 6 Decision of the Emergency Arbitrator.
The Arbitration Law of China only provides two kinds of interim measures: Where the parties agree to refer their dispute to arbitration under these Rules without providing the name of the arbitration institution, they shall be deemed to have agreed to refer the dispute to arbitration by CIETAC. The arbitration documents referred to in the preceding Paragraph 1 shall be sent to the address provided by the arbitratikn itself or by its representative sor to an address agreed by the parties.
The new CIETAC Arbitration Rules : Clyde & Co (en)
The Summary Procedure shall apply to any case where the amount in dispute does not exceed RMB 5, unless otherwise agreed by the parties; or where the amount in dispute exceeds RMB 5,, yet one party applies for arbitration under the Summary Procedure and the other party agrees in writing; or where both parties have agreed to apply the Summary Procedure. If a party bearing the qrbitration of proof fails to produce 22015 within the specified time period, or if the produced evidence is not sufficient to support its claim or counterclaim, it shall bear the consequences thereof.
Where the arbitral tribunal considers it necessary, or where a party so requests and the arbitral tribunal agrees, the arbitral tribunal may first render a partial award cietav any part of the claim before rendering the final award.
As a result, the total arbitration cost increase considerably, and the efficiency of arbitration is seriously impaired.