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 there is no monetary ciettac or the amount in dispute is not clear, CIETAC shall determine whether or not to apply arbitrqtion Summary Procedure after full consideration of relevant factors, including but not limited to the complexity of the case and the interests involved. The arbitral tribunal shall be formed in accordance with Article 29 of these Rules.
Where the parties have cetac on the language of arbitration, such language shall be the language of the Emergency Arbitrator Procedures. Article 75 Decision on Jurisdiction. Article 18 of the Rules now formalises this procedure. Skip to main content. Don’t have an account? The arbitral tribunal shall decide whether or not to extend the time period. This reflects a trend of harmonisation in procedures across arbitral institutions.
The arbitral award is final and binding upon both parties. The arbitral tribunal may hold deliberations at any place or in any manner that it considers appropriate.
The date on which the award is made shall be the date on which the award comes into legal effect. From 10, to 20, The arbitation amount in dispute was 19 million RMB. Article 27 Three-Arbitrator Tribunal. 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.
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Where a party becomes aware of a reason for a challenge after such receipt, the party may challenge the arbitrator in writing within fifteen 15 days after such reason has become known to it, but no later than the conclusion of the last oral hearing. Where a case is examined by an arbitral tribunal composed of three arbitrators, the award shall be rendered by all three arbitrators or a majority of the arbitrators.
These procedures allow the parties to file an application with the arbitration commission for an emergency arbitrator pursuant to applicable laws after the case is accepted by the commission but prior to the establishment of the arbitral tribunal. Article 28 Sole-Arbitrator Tribunal.
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. The appointed emergency arbitrator will give a declaration to the Arbitration Court. The Claimant shall be deemed not to have submitted a Request for Arbitration if it fails to complete the required formalities within the specified time period.
The President of the Arbitration Court shall make a final decision on the challenge of the emergency arbitrator.
Article 26 Nomination or Appointment of Arbitrator. The arbitral tribunal shall render an arbitral award within four 4 months from the date on which the arbitral tribunal is formed. The written record shall be signed or sealed by the arbitrator sthe recorder, rule parties, and any other participant in the arbitration.
Additional means of service not limited to service by public notary, entrustment or retention are now included in the New Rules. Cietax the absence of such agreement, the language of the Procedures shall be determined by the Arbitration Court. A party shall be deemed to have waived its right to object where it knows or should have known that any provision of, or requirement under, these Rules has not been complied rrules and yet participates in or proceeds with the arbitral proceedings without promptly and explicitly submitting its objection in writing to such non-compliance.
CIETAC Current Arbitration Rules-China International Economic and Trade Arbitration Commission
A party may challenge an emergency arbitrator in writing within two 2 days from the date of its receipt of the Notice arbitartion Acceptance. 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 any part of the claim before rendering the final award.
The Rules introduce specific provisions dealing with arbitrations conducted through this entity. At the request of a party, the arbitral tribunal may decide to order arrbitration award any interim measure it deems necessary or proper in accordance with the applicable law or the agreement of the parties and may require the requesting party to provide appropriate security in connection with the measure.
The disclosure and challenge proceedings shall apply cietacc to the reappointed emergency arbitrator. According to the newsletter issued at that arbitrstion and the Arbitration Rules, the Arbitration Court will be in charge of the administration of arbitration cases, while the Secretariat will be responsible for the public services provided vietac Article 19 of the Charter of CIETAC.
Where the arbitral tribunal has not yet been formed, such decision shall be made by the Arbitration Court. Article 66 Acceptance of a Case.
At the request of either party and with the approval of the arbitral tribunal, the expert or appraiser shall participate in an oral hearing and give explanations on the report when the arbitral tribunal considers it necessary. In such a case, if the Respondent has filed a counterclaim, the Respondent may be deemed to have withdrawn its counterclaim.
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.
The time period for the additional party to submit its Statement of Defense and Statement of Counterclaim shall start counting from the date arbitratuon its receipt of the Notice of Joinder.
Where there are multiple parties, additional copies shall be provided accordingly. 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.
Furthermore, should the respondent veto a later consolidation of such cases, separate parallel tribunals would be constituted, leading to additional duplication and cost.