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 7 Place of Arbitration.
CIETAC’s New Arbitration Rules – Kluwer Arbitration Blog
Article 3 Jurisdiction 1. Article 25 Number of Arbitrators. Where a 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 gules than the formation of the arbitral tribunal. Skip to main content. The arbitration agreement invoked to join the additional party, together with the facts and reasons supporting joinder, must be set out in the Request.
Where there are multiple parties, additional copies shall be provided accordingly. Don’t already have an Oxford Academic account? The Respondent shall file a Statement of Defense in writing gules forty-five 45 days from the date of its receipt of the Notice of Arbitration.
Sign in via your Institution Sign in. To some extent, the consolidation is a procedural relief for those parties who fail to initiate multiple-contract arbitration at the very beginning. Purchase Subscription prices and ordering Short-term Access To purchase short term access, please sign in to your Oxford Academic account above.
Where the joinder takes place after the formation of the arbitral tribunal, the arbitral tribunal shall fietac from the additional party of its comments on the past arbitral proceedings including the formation of the arbitral tribunal. Article 5 The Emergency Arbitrator Proceedings. Arbitratin time period for the additional party to submit its Statement of Ciietac and Statement of Counterclaim shall start counting from the date of its receipt of the Notice of Joinder.
In accordance with Article 18 of the Arbitration Rules:. Either party may, within thirty 30 days from its receipt of the arbitral award, request the arbitral tribunal in writing for an additional award on any claim or counterclaim which was advanced in the arbitral proceedings but was omitted from the award.
Middle East, Africa and Asia. In this regard, however, the emergency arbitrator procedures under the Rules appear to have developed faster than reform in Chinese national arbitration law. Consolidation, multiple contracts and joinder The Rules permitted the consolidation of parallel arbitral proceedings article The threshold for arbtiration procedures is increased. Special provisions for Hong Kong arbitration A new chapter is added to the New Rules with special provisions for Hong Kong arbitration.
The amendments are designed to help CIETAC increase its international exposure, improve its service and enhance the adbitration of its procedures. The arbitral tribunal may refuse to admit any evidence produced after that time period.
For a case examined by way ru,es 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. In the event that one or arbitdation parties fail to be present after being notified, the investigation and collection of evidence shall proceed without being affected.
If the Claimant has justified reasons to request an extension of the time period, the arbitral tribunal shall decide whether to grant such an extension. Despite the restrictions outlined above, it is still of practical significance to bring in emergency arbitrator procedures. Unless otherwise agreed by all the parties, the arbitrations shall be consolidated into the arbitration that was first commenced. Where the arbitration fee is to be charged in a foreign currency, the amount arbitrqtion the foreign currency shall be equivalent to the corresponding amount in RMB as specified in this Schedule.
A party having justifiable doubts as to the impartiality or independence of an arbitrator may challenge that arbitrator in writing and shall state cirtac facts and reasons on which the challenge is based with supporting evidence.
International arbitration in a brave new world. Effective as of January 1, Lastly, this revision will, hopefully, arbitratino a satisfactory solution to resolve all the disputes among the parties in a single proceeding, and greatly save costs and other resources. Such an order, if given outside Hong Kong may also be enforced in Hong Kong.
Unless otherwise agreed by the parties, the emergency arbitrator shall not accept nomination or appointment arbtration act as a member of the arbitral tribunal in any arbitration relating to the underlying dispute. After the replacement of an arbitrator, the arbitral tribunal shall decide whether and to what extent the previous proceedings in the case shall be repeated.
Disputes arising from the three charterparties between the same parties are referred to multiple arbitration proceedings. A partial award is final and cirtac upon both parties. CIETAC may also designate another language as the language of arbitration having regard to the circumstances of the case. The Rulees Rules adopt both best practices and the latest developments in international commercial arbitration and accommodate the increasing needs of the parties arbitrating at CIETAC.
Claims and counterclaims are aggregated for the determination of the amount in dispute. The emergency arbitrator may decide to dismiss the application of the Applicant and terminate the emergency arbitrator proceedings, if that arbitrator considers that circumstances exist where emergency measures are unnecessary or unable 20115 be taken for various reasons. The arbitral tribunal or the Arbitration Court may, if it considers it necessary, require the parties to submit a corresponding translation of their documents and evidence into Chinese or other languages.
When appointing arbitrators pursuant to these Rules, the Chairman of CIETAC shall take into consideration the law applicable to the dispute, the place of arbitration, the language of arbitration, the nationalities of the parties, and any other factor s the Chairman considers relevant. Such additional award shall form a part of the arbitral award and shall be subject to the provisions in Paragraphs 4 to 9 of Article 49 of these Rules.
There are 20 changes in the text and 3 in the appendix. North America United States.
A guide to the CIETAC Arbitration Rules () | Practical Law
Under all circumstances, the arbitral tribunal shall act impartially and fairly and shall afford a reasonable opportunity to both parties to present their case.
The following table reflects all the changes made:. Where the parties have reached a settlement agreement through conciliation by the arbitral tribunal or by themselves, they may withdraw their claim or counterclaim, or request the arbitral tribunal to render an arbitral award or a conciliation statement in accordance with the terms of the settlement agreement. 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 arbitrayion discretion.
Emergency arbitrator system is provided. This involved replacing the Secretariat by the Arbitration Court in administering cases, which is a result of the functional division between the Secretariat responsible for public service and Arbitration Court responsible for case management. However, the arbitral tribunal may 2105 the case on the basis of documents only if the parties so agree and the arbitral tribunal consents or the arbitral tribunal deems that oral hearings are unnecessary and the parties so agree.
For Permissions, please email: With the development of the Chinese economy, case loads and the average amounts in dispute have been steadily increasing in recent years.