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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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 arbitrqtion to arbitration by CIETAC. Under the Arbitration Rules, a party may initiate a single arbitration regarding disputes arising out of multiple contracts provided that: Where a case is to be decided on the basis of documents only, such an objection shall be raised before the submission of the first substantive defense.
When submitting the Request for Arbitration, the Statement of Defense, the Statement of Wrbitration, evidence, and other arbitration documents, the parties shall make their submissions in quintuplicate. 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.
In such a case, if the Respondent has filed a counterclaim, the Respondent may be deemed to have withdrawn its cietzc.
From 1, to 50, If a party has justified reasons for failure to submit a request for a postponement of the oral hearing in accordance with the preceding Paragraph 1, the arbitral tribunal shall decide whether to accept such a request.
The emergency arbitrator shall conduct the proceedings in the manner the emergency arbitrator considers to be appropriate, taking into account the nature and the urgency of the emergency relief, and shall ensure that each party has a reasonable opportunity to present its case. Where the parties have agreed on the application of other arbitration rules, CIETAC shall perform the relevant administrative duties.
The arbitral tribunal has the power to decide whether to accept a Statement of Defense submitted after the expiration of the above time period. The relevant provisions in the other Chapters of these Rules, with the exception of Chapter V, shall apply to matters not covered in this Chapter.
A guide to the CIETAC Arbitration Rules (2015)
In recent years, many international arbitration institutions have introduced emergency arbitrator procedures. Click here to access your portal Online services. Article 28 Sole-Arbitrator Tribunal. The contracts are principal and ancillary contracts, or are of the same nature among the same parties.
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. Hearings shall be held in camera. When a case is accepted, an additional rulds 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.
Most users should sign in with their email address. 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. The emergency arbitrator may decide to order or award necessary or appropriate ruless measures.
The arbitral tribunal may refuse to admit any evidence produced after that time period. However, the Arbitration Law was not amended accordingly. From 10, to 50, The arbitral tribunal shall examine the case in any way it deems appropriate unless otherwise agreed by the parties. 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.
Article 17 Amendment to Claim or Counterclaim. 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.
CIETAC’s New Arbitration Rules – Kluwer Arbitration Blog
Where the arbitral tribunal has not yet been formed, the decision on whether to grant the extension of the time period shall be made by the Arbitration Court. London Court of International Arbitration members Sign in via society site.
After the joinder proceedings commence, the conduct of the arbitral proceedings shall be decided by the Arbitration Court if the arbitral tribunal is not formed, or shall be decided by the arbitral tribunal if it has been formed.
CIETAC issued the Arbitration Rules | China Law Insight
The Rules now ru,es CIETAC to consolidate arbitrations even absent party agreement, provided that certain independent ru,es are met. Where the arbitral tribunal is composed of a sole arbitrator, the number of copies submitted may be reduced by two. Oxford University Press is a department of the University of Oxford.
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. To purchase short term access, please sign in to your Oxford Academic account above. Where the arbitral tribunal has not yet been formed, the decision shall be made by the President of the Arbitration Court. Furthermore, should the respondent veto a ciegac consolidation of such cases, separate parallel tribunals would be constituted, leading to additional arbitratioj and cost.
Sign in via your Institution Sign in. Article 5 The Emergency Arbitrator Proceedings. Article 61 Notice of Oral Hearing. However, if the dispute falls outside the scope of the specific rules, these Rules shall apply. The party to be joined to the proceedings has a right to cidtac a jurisdictional objection to the arbitral tribunal. Despite the restrictions outlined above, it is still of practical significance to bring in emergency arbitrator procedures.