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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These Rules shall be effective as of January 1, From 80, to , Under the New Rules, parties may now apply for a single arbitration under multiple contracts provided that the following conditions are 20015 The arbitral tribunal has the power to decide whether to accept a counterclaim or a Statement of Defense submitted after the expiration of the above time period. Unless otherwise agreed by the parties, for an arbitration administered by the CIETAC Hong Kong Arbitration Center, the place of arbitration shall be Hong Kong, the law applicable to the arbitral proceedings shall be the arbitration law of Hong Kong, and the arbitral award shall be a Hong Kong award.
A party having justified reasons may request a postponement of the oral hearing. The threshold for summary procedures is increased.
Article 66 Acceptance of a 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. Where the amount in dispute is not ascertained at the time of applying for arbitration, or where special circumstances exist, the amount of the arbitration fee shall be determined by CIETAC. Despite the restrictions outlined above, it is still of practical significance to bring in emergency arbitrator procedures.
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Close mobile search navigation Article navigation. From 50, toArticle 71 Time Period for Rendering Award. 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 within a specified time period. This reflects a trend of harmonisation in procedures across arbitral institutions.
Article 82 Arbitration Fees and Costs. Consequently, the arbitral tribunal or Arbitration Commission under Chinese law is not in a position to issue any interim order, and even if they do issue one, such order is not supported by the Chinese courts. Joinder of additional parties is allowed. In the event that the Claimant withdraws its claim in its entirety, the arbitral tribunal may proceed with its examination of the counterclaim and render an arbitral award thereon.
The following table reflects all the changes made: A party applying for arbitration under these Rules shall: Article 4 Place of the Emergency Arbitrator Proceedings. News View latest news, deals and cases.
A conversation with Professor William W. 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. After a preliminary review on the basis of the Application, the arbitration agreement and relevant evidence submitted by the Applicant, the Arbitration Court shall decide whether the Emergency Arbitrator Procedures shall apply.
These matters will probably present practical problems in arbitration proceedings. Article 21 Copies of Arbitration Documents.
These contracts may be of the same nature, or define different aspects or sections of the transaction, and they may involve the same parties or different parties. The Claimant may apply to amend its claim and the Respondent may apply to amend its counterclaim. When a case is accepted, an additional amount of RMB 10, shall be charged as the registration fee, which shall include the expenses for examining the application for arbitration, initiating the arbitral proceedings, computerizing management and filing documents.
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 shall be deemed not to have filed any counterclaim.
CIETAC issued the Arbitration Rules | China Law Insight
Upon receipt of a Request for Arbitration, where the Arbitration Court finds the Request to meet the requirements specified in Article 12 of these Rules, the Arbitration Court shall notify the parties accordingly within five 5 days from its receipt of the Request. Where the case is to be dismissed after the formation of the arbitral tribunal, the decision shall be made by the arbitral tribunal.
Consolidation of Arbitrations In addition to all parties’ agreement to consolidate, revisions are made to Article rulles of the New 20155, whereby the consolidation of arbitrations may be decided by CIETAC without all parties’ agreement.
The New Rules adopt both best practices and the latest developments in international commercial arbitration and accommodate the increasing needs of the parties arbitrating at CIETAC.
In accordance with Article 18 of the Arbitration Rules:. From 1, to 5, However, in neither case shall it be implied that the reasons for the challenge are sustained. Where the parties have agreed to use two or more than two languages as the languages of arbitration, or where the parties have cieac on a three-arbitrator tribunal in a case where the Summary Procedure shall apply in accordance with Article 56 of these Rules, CIETAC may charge the parties for any additional and reasonable costs.
Article 5 The Emergency Arbitrator Proceedings. The Chairman of CIETAC shall make a final decision on whether or not an arbitrator should be replaced with or without stating the reasons.
The arbitration agreement invoked to join the additional party, together with the facts and reasons supporting joinder, must be set out in the Request. Under the Arbitration Rules, a party may initiate a single arbitration regarding disputes arising out of multiple contracts provided that: Unless otherwise agreed by the parties, the arbitral tribunal may, if it considers it necessary, issue procedural orders or question lists, produce terms of reference, or hold pre-hearing conferences, etc.
CIETAC issued the 2015 Arbitration Rules
Where either the Claimant side or the Respondent side fails to jointly nominate or jointly entrust the Chairman of CIETAC to appoint one arbitrator within fifteen 15 days from the date of its receipt of the Notice of Arbitration, the Chairman of CIETAC shall appoint all three members of the arbitral tribunal and designate one of them to act as the presiding 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.
The specific procedure and time period for rendering the award shall not be subject to other provisions of these Rules.