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 58 Formation of the Arbitral Tribunal. Where arbirration case is to be dismissed before the formation of the arbitral tribunal, the decision shall be made by the President of the Arbitration Court. However, the party shall communicate such request in writing to the arbitral tribunal within three 3 days of its receipt of arbigration notice of the oral hearing. Article 21 Copies of Arbitration Documents. If a party bearing the burden of proof fails to produce evidence 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.

Briefing of Fees and Important Rules under CIETAC Arbitration Rules (2015)

Within a reasonable time after the award is made, the arbitral tribunal may, on its own initiative, make corrections in writing of any clerical, typographical or calculation errors, or any errors of a similar nature contained in the award. Article 20 Submission and Exchange of Arbitration Documents. However, in neither case shall it be implied that the reasons for the challenge are sustained. Effective as of January 1, This is consistent with the Chinese Arbitration Law, which delegates this power to the arbitration commission or Chinese courts.

From 50, toThe prepaid expenses include but not limited to: Where the law applicable to an arbitration agreement has different provisions as to the form and validity of the arbitration agreement, cidtac provisions shall prevail. Where arbitrationn party becomes aware of a reason for a challenge after such receipt, the party may challenge the emergency arbitrator in writing within two 2 days after such reason has become known, but no later than the formation of the arbitral tribunal.

The emergency arbitrator proceedings shall not affect the right of the parties to seek interim measures from a competent court pursuant to the applicable law. Article 72 Context Reference. The provisions of the Summary Procedure in Chapter IV shall apply if a domestic arbitration case falls within the scope of Article 56 of these Rules.

Article 10 Waiver of Right to Object. 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.

From 50, to , The headings of the articles rulws these Rules shall not be construed as interpretations of the contents of the provisions contained therein. The Chinese Supreme Court has confirmed that investor-state disputes do not constitute commercial disputes. The hourly rate for a sole or presiding arbitrator shall be the rate agreed upon by that arbitrator and both parties.

The periods of time specified in these Rules shall begin on the day following the day when the party receives or should have received the arbitration correspondence, notices or written materials sent by the Arbitration Court.

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. 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. ruoes

CIETAC Investment Arbitration Rules

The disclosure and challenge proceedings shall apply equally to the reappointed emergency arbitrator. Where a case is to be dismissed after the formation of the arbitral tribunal, the arbitral tribunal shall make the decision.

The tribunal, after consultation with the parties, has the power to determine whether to accept an application for summary dismissal.

The arbitral tribunal shall hold oral hearings when examining the case.

CIETAC Investment Arbitration Rules | China Law Insight

Upon receipt of a Request for Arbitration, where after examination, the Arbitration Court finds the Request not to be in conformity with the formality requirements specified in Article 12 of these Rules, it may request the Claimant to comply with the requirements ciegac a specified time period.

The Rules incorporate a mechanism to ensure final awards are granted expeditiously. When filing the counterclaim, the Respondent shall pay an arbitration fee in advance in accordance with the Arbitration Fee Schedule of CIETAC within a specified time period, failing which the Respondent rukes be deemed not to have filed any counterclaim.

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.

According to Chinese practice, this means that the Rules are effective but may yet be revised. Applicable procedural rules vary by treaty and many treaties allow the tribunal the discretion to determine its own procedural rules. Article 29 Multiple-Party Tribunal. The facts of the dispute and the reasons on which the award is based may not be stated in the award if the parties have so agreed, or if the award is made in accordance with the terms of a settlement agreement between the parties.

Written Application for Ar Article 3 Disclosure and Challenge of the Emergency Arbitrator.

A guide to the CIETAC Arbitration Rules () | Practical Law

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. The arbitration tribunal may produce terms of reference when necessary. The Rules presage China arbitratio its own, distinct role in the resolution of international investment disputes, particularly those involving Chinese investors; a role that has historically been assumed by foreign arbitration institutions arbitraion ad hoc tribunals.

From 40, to 80, The arbitral tribunal shall decide whether or not to extend the time period.

The arbitral tribunal shall examine the case in any way it deems appropriate unless otherwise agreed by the parties. My saved default Read later Folders shared with you. Under normal situation not in Summary Procedure an arbitration tribunal shall be composed of three arbitrators unless otherwise agreed by the parties or stipulated by relevant Rules. Re-hearing after Replacement of Arbitrators The Chairman of CIETAC shall make a final decision on whether an arbitrator shall be replaced or not with or without stating the reasons therefor.