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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In Mainland China, arbitration fees are generally charged on an ad valorem basis, though special fees may be given to arbitrators who adjudicate disputes on the Mainland, provided that the Arbitration Court has consulted with relevant arbitrators and parties and give such fees in light of the Schedule of Fees III under Appendix 2.
CIETAC releases arbitration rules | Freshfields knowledge
The arbitral tribunal shall independently and impartially render a fair and reasonable arbitral award based on the facts of the case and the terms of the contract, in accordance with the law, and with reference to international practices.
In the absence of such agreement, the language of arbitration to be used in the proceedings shall be Chinese. Chapter IV Summary Procedure.
The Rules permitted the consolidation of parallel arbitral proceedings article We note that these provisions may initially lead to some practical issues, for example: At the request of a party, the Arbitration Court may, having regard to the specific circumstances of the arbitration, decide to engage a stenographer to make a stenographic record of an oral hearing, the cost of which shall be advanced by the parties.
Even if the Tribunal is already established, the newly-joined party may request the re-nomination of the arbitrators. The power of the emergency arbitrator and the emergency arbitrator proceedings shall cease on the date of the formation of the arbitral tribunal.
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The arbitral tribunal shall decide whether to suspend or resume the arbitral proceedings. Where the joinder takes place arbitartion the formation of the arbitral tribunal, the arbitral tribunal shall hear from the additional party of its comments on the past arbitral proceedings including the formation of the arbitral tribunal.
Instead, the Arbitration Rules add three conditions under which CIETAC may decide to consolidate multiple arbitrations of its own accord, even if all the parties do not give their consent: Where the parties have agreed to use two or more than two languages as the languages of arbitration, or where the parties have agreed 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 arbitrtion.
An arbitrator who has been challenged shall continue to serve on the citac tribunal until a final decision on the challenge has been made by the Chairman of CIETAC. If circumstances that need to be disclosed arise during the Emergency Arbitrator Procedures, the emergency arbitrator shall promptly disclose such circumstances in writing. An arbitrator shall not represent either party, and shall be and remain independent of the parties and treat them equally.
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.
The emergency arbitrator procedure is a new development in international commercial arbitration practice. Unless the parties agree otherwise, the proceedings must be consolidated into the arbitration commenced first in time. That the arbitral tribunal shall have the power to determine the existence and availability of the arbitration agreement and its jurisdiction over the arbitration case demonstrates that CIETAC recognises the differences between arbitrations seated on the Mainland and in Hong Kong.
Where the parties have failed to jointly nominate the presiding arbitrator according to the above provisions, the presiding arbitrator shall be appointed by the Chairman of CIETAC. Emergency Arbitrator In recent years, many international arbitration institutions have introduced emergency arbitrator procedures. Where the parties wish to conciliate their dispute but do not wish to have conciliation conducted by the arbitral tribunal, CIETAC may, with the consents of both parties, assist the parties to conciliate the dispute in a manner and procedure it considers appropriate.
The difficulty is that, irrespective of whether proceedings were commenced before CIETAC Beijing or one of the two former sub-commissions neither of which now bears the CIETAC brandthey would be open to challenges at the jurisdictional or enforcement stages, on the basis that the wrong institution had been selected.
Article 48 Time Period for Rendering Award. Chapter II Arbitral Proceedings. Article 70 Record of Oral Hearing. The arbitral tribunal may examine the case in the manner cietsc considers appropriate.
CIETAC Current Arbitration Rules-China International Economic and Trade Arbitration Commission
Where a case is to be dismissed after the formation of the arbitral tribunal, the arbitral tribunal shall make the decision. A new chapter is added to the New Rules with special provisions for Hong Kong arbitration. After consulting with the parties and upon the approval of the Chairman of CIETAC, the other two arbitrators may also continue the arbitral proceedings and make decisions, rulings, or render the award. 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 arbigration Respondent shall be deemed not to have filed any counterclaim.
The arbitral tribunal shall be formed in accordance with Article 29 of these Rules. Either party may commence arbitration arising out of different PO transactions. Upon receipt arbittation 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.
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The specific procedure and time period for rendering the award shall not be subject to other provisions of these Rules. Unless otherwise agreed by the parties, the Chairman of CIETAC shall appoint a sole arbitrator to form such an arbitral tribunal, which shall examine the case in a procedure it considers appropriate and render an award in due course. Article 17 Amendment to Claim or Counterclaim.
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.
During the arbitral proceedings, a party may file a request with CIETAC to join an additional party, provided the arbitration agreement prima facie binds the additional party.
Where a case is to be dismissed before the formation of the arbitral tribunal, the decision shall be made by the President of the Arbitration Court. Failure by the Respondent to file a Statement of Defense shall not affect the conduct of the arbitral proceedings. A case may be dismissed if the claim and counterclaim have been withdrawn in their entirety.
However, the Arbitration Law was not amended accordingly. From 50, to ,