This note is an introduction to the China International Economic and Trade Arbitration Commission and the CIETAC Arbitration Rules Free Practical Law. Briefing of expedited procedure (summary procedure, emergency procedure), appointment of arbitrators, re-hearing after replacement of. These Rules are formulated in accordance with the Arbitration Law of the People’s Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules.
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The Summary Procedure shall apply to any case where the amount in dispute does not exceed RMB 5, unless otherwise agreed by the parties; or where the amount in dispute exceeds RMB 5,, yet one party applies for arbitration under the Summary Procedure and the other party agrees in writing; or where both parties have agreed to apply the Summary Procedure.
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 with and yet participates in or proceeds with the arbitral proceedings without promptly and explicitly submitting its objection in writing to such non-compliance. The Respondent shall submit its Statement of Defense, evidence and other supporting documents within twenty 20 days of its receipt of the Notice of Arbitration.
If circumstances that need to be disclosed arise during the Emergency Arbitrator Procedures, the emergency arbitrator shall promptly disclose such circumstances in writing. If the Respondent fails to appear at an oral hearing without showing sufficient cause, or withdraws from an on-going oral hearing without the permission of the arbitral tribunal, the arbitral tribunal may proceed with the arbitration and make a default award.
However, if the dispute falls outside the scope of the specific rules, these Rules shall apply.
A guide to the CIETAC Arbitration Rules () | Practical Law
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. An emergency arbitrator shall not represent either party, and shall be and remain independent of the parties and treat them equally.
For case types i and ii, administrative fees are charged ad valorem i. Where a party has justified reasons for its failure to submit a request for a postponement of the oral hearing in accordance with the preceding Paragraph 1, the arbitral tribunal shall decide cietaac or not to accept the request.
A guide to the CIETAC Arbitration Rules (2015)
From , arbitratino , The President of the Arbitration Court may extend the time period upon the request of the emergency arbktration only if the President of the Arbitration Court considers it reasonable. Where the arbitration fee is to be charged in a foreign currency, the amount in the foreign currency shall be equivalent to the corresponding amount in RMB as specified in this Schedule.
The emergency arbitrator proceedings shall not affect the right of the parties to seek interim measures from a competent court pursuant to the applicable law. The registration fee is not refundable. Article 15 Statement of Defense. Xicheng District, Beijing,P. Where the amount arbbitration dispute is not ascertained at the time of applying for arbitration, or where special circumstances exist, the amount of the arbitration fee deposit shall be determined by CIETAC in consideration of the specific rights and interests involved in the dispute.
Where rukes 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. This is likely to change, with growing outbound Chinese investment and increased Chinese investor awareness of investment treaty rights.
Scope The Rules may apply where one party is an investor and the other is a state, intergovernmental organisation, or any institution, department, or other entity whose arbirtation is authorised by or attributable to the state Article 2. 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.
From arbiitration, to 10, The arbitral tribunal has the power to determine in the arbitral award the arbitration fees and other expenses to dules paid by the parties to CIETAC. The arbitral tribunal has the power to decide whether to accept a Statement of Defense submitted after the expiration of the above arbitrwtion period.
Article 51 Scrutiny of Draft Award. Where a Request for Arbitration is found not to be in conformity with the requirements, the Arbitration Court shall notify the party in writing of its refusal of acceptance with reasons stated.
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When submitting its Application, the Applicant shall attach the relevant documentary and other evidence on which the Application is based, including but not limited to the arbitration agreement and any other agreements giving rise to the underlying dispute.
Article 57 Notice of Arbitration. This fee schedule applies to arbitration cases accepted under Item cParagraph 2 of Article 3 of the Arbitration Rules. 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.
The arbitration documents referred to in the preceding Paragraph 1 shall be sent to the address provided by the party itself or by its representative sor to an address agreed by the parties. If a party experiences difficulties in producing evidence within the specified time period, it may apply for an extension before the end of the period.
Where the parties arbitratiob 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.
The arbitral tribunal shall have the power to determine the existence and validity of the arbitration agreement and its jurisdiction over the arbitration case. Article 62 Time Period for Rendering Award. Where there are multiple cietaf, additional copies shall be provided accordingly. However, it remains to be seen what gap exactly the Rules will fill.
Where the parties cieta agreed to refer their dispute to CIETAC for arbitration, they shall be deemed to have agreed to arbitration in accordance with these Arbitratiln. The cietca 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.
CIETAC accepts cases involving economic, trade and other disputes of a contractual or non-contractual nature, based on an agreement of the parties. Expedited Procedure Under CIETAC rules, some specific rules are set up to help parties when they need to resolve disputes more quickly or encounter some emergency situations i. After all such fees and expenses have been paid in full jointly or by one of the parties, the CIETAC Hong Kong Arbitration Center shall release such award to the parties according to the decision of the arbitral tribunal.
Article 71 Time Period for Rendering Award.
However, the party shall communicate such request in writing to the arbitral tribunal within five 5 days of its receipt of the notice of the ciefac hearing.
The tribunal may also hear oral submissions by a non-disputing treaty party or other third party. 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. All arbitration documents to be exchanged during the arbitral proceedings shall be exchanged among the arbitral tribunal and the parties by the Arbitration Court unless otherwise agreed by the parties and with the consent of the arbitral tribunal or otherwise decided by the arbitral tribunal.
Where the Request for Joinder is filed after the arrbitration of the arbitral tribunal, a decision shall be made by CIETAC after the arbitral tribunal hears from all parties including the additional party if the arbitral tribunal considers the joinder necessary. When submitting a Request for Arbitration to the CIETAC Hong Kong Arbitration Center, the Claimant shall pay a registration fee of HKD 8, which shall include the expenses for examining the application for arbitration, initiating the arbitral proceedings, computerizing management, filing documents and labor costs.
The cketac of the emergency arbitrator and the emergency arbitrator proceedings shall cease on the date of the formation cieyac the arbitral tribunal. Each party shall bear the burden of proving the facts on which it relies to support its claim, defense or counterclaim fietac provide the basis for its opinions, arguments and counter-arguments. Cieyac 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.
Article 40 Record of Oral Hearing. A notice of a subsequent oral hearing, a notice of a postponed oral hearing, as well as a request for arbitrtaion of such an oral hearing, shall not be subject to the time periods specified in the preceding Paragraph 1. Within thirty 30 days from its receipt of the arbitral award, either party may request the arbitral tribunal in writing for a correction of any clerical, typographical or calculation errors, or any errors of a similar nature contained in the award.
In arbitratlon event that one or both parties fail to be present after being notified, the investigation and collection of evidence shall proceed without being affected.