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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In circumstances other than those specified in the preceding Paragraph 5, the Chairman of CIETAC shall make a final decision on the challenge with eules without stating the reasons. By default, the parties are required to appoint arbitrators from the panel. The President of the Arbitration Court may extend the time period upon the request of the emergency arbitrator only if the President of the Arbitration Court considers it reasonable.
Article 14 Multiple Contracts. Article 37 Notice of Oral Hearing. In such a case, a Power of Attorney shall be forwarded to the Arbitration Court by the party or its authorized arbitrarion s. 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 on cietwc part of the claim before rendering the rulfs award.
Institution and arbitrator fees are calculated using a fee scale based on the amount in dispute. Arbitration participants shall proceed with the arbitration in good faith. Share Facebook Twitter Linked In. However, the parties are free to nominate arbitrators outside of the panel provided that they satisfy the same ethical and competence standards and are approved by the Chairman of CIETAC. Chapter II Arbitral Proceedings.
Briefing of Fees and Important Rules under CIETAC Arbitration Rules (2015)
The Applicant shall advance an amount of RMB 30, as the costs of the emergency arbitrator proceedings, vietac of the remuneration of the emergency arbitrator and the administrative fee of CIETAC. Article 9 Good Faith. Where any matter which should have been decided by the arbitral tribunal was omitted from the arbitral award, the arbitral tribunal may, on its own initiative, make an additional award within a reasonable time after the award is made.
Xietac 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.
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. From 50, toThe emergency arbitrator may decide to order or award necessary or appropriate emergence measures, and its decision shall be binding upon both parties.
CIETAC Investment Arbitration Rules | China Law Insight
Unless otherwise agreed by the parties or provided by these Rules, the arbitral tribunal shall be composed of three arbitrators. This is consistent with the Chinese Arbitration Law, which delegates this power to the arbitration commission or Chinese courts.
If the Claimant 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 Claimant may be deemed to have withdrawn its application for arbitration.
An emergency arbitrator shall not represent either party, and shall be and rulez independent of the parties and treat them equally.
A guide to the CIETAC Arbitration Rules (2015)
Article 84 Coming into Force. At the request of a party, the Arbitration Court may, having regard to the specific circumstances of the arbitration, decide to engage a stenographer to make a stenographic record of an oral hearing, the cost of arbitrstion shall be advanced by the parties.
The Rules incorporate a mechanism to ensure final awards are granted expeditiously. Article 4 Place rrules the Emergency Arbitrator Proceedings. The provisions of this Chapter shall apply to domestic arbitration cases. The Claimant may apply to amend its claim and the Respondent may apply to amend its counterclaim. From 1, to 2, Article 42 Examination of Evidence. The emergency arbitrator may order the provision of appropriate security by the party seeking the emergency relief as the precondition of taking emergency measures.
Article 6 Decision of the Emergency Arbitrator. The Applicant shall advance the costs for the Emergency Arbitrator Procedures. 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. Written Application for Ar If such an error does exist in the award, the arbitral tribunal shall make the correction in writing within thirty 30 days of its receipt of the written request for the correction.
Where the cietwc tribunal is composed of a sole arbitrator, the number of copies submitted may be reduced by two. Article 68 Defense and Counterclaim. The arbitration agreement shall be in writing. Fromto 1, Where the arbitration fee is to be charged in a foreign currency, the amount in the foreign currency shall be equivalent to the corresponding amount in RMB as specified in this Schedule. A party urles challenge an emergency arbitrator in writing within two 2 days from the date of its receipt of the Notice of Acceptance.
The arbitrator is entitled to fees based on an hourly rate for all the reasonable efforts devoted in the arbitration. A written dissenting opinion shall be kept with the file and may be appended to the award. Where a case is to be dismissed prior to rabitration formation of the arbitral tribunal, rulees President of the Arbitration Court shall make a decision on the dismissal.
Rules of Foreign Arbitration International Conventions and The President of the Arbitration Court shall make a final decision on the challenge of the emergency arbitrator.
A summary of the Rules and their features: 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, arbitrarion, or render the award.
With the consents of both parties, the arbitral tribunal may conciliate the case in a manner it considers appropriate. Where a case is to be examined by way of an oral hearing, the parties shall be notified of the date of the first oral hearing at least twenty 20 days cietqc advance of the oral hearing.
A notice of a subsequent oral hearing, a arbitraiton of a postponed oral hearing, as well as a request for postponement of such oral hearing, shall not be subject to the time periods specified in the preceding Paragraph 1. In the event that the Respondent withdraws its counterclaim in cieetac entirety, the arbitral tribunal may proceed with the examination of the claim and render an arbitral award thereon.
CIETAC may also designate another language as the language of arbitration having regard to the circumstances of the case. If a party fails to file a challenge within the above time period, it may not subsequently challenge the arbitrator on the basis of the matters disclosed by the arbitrator.