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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International arbitration in a brave new world. 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 the Respondent shall be deemed not to have filed any counterclaim. Where the party applies for preservation of property or protection of evidence, it shall also provide additional copies accordingly. Please enable scripts and reload this page.
In addition, there is no provision regulating the details of the consolidation, such as adjustment of arbitration fees or remuneration of the arbitrators, enforcement of court rulings on interim measures, the appointment of arbitrators when more than two parties have conflicts of interests, and the adjustment of the starting point for calculating the time limit for rendering an award, etc. If the amount claimed is different from the actual amount in dispute, the actual amount in dispute shall be the basis for calculation.
Where the amount in dispute is not ascertained at the time of applying for arbitration, or where special circumstances exist, the amount of the arbitration fee deposit rulse be determined by CIETAC in consideration of the specific rights and interests involved in the dispute.
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CIETAC Current Arbitration Rules-China International Economic and Trade Arbitration Commission
As the arbitration procedure law cietacc Hong Kong is different from that in the Mainland China, the arbitration practice in those two legal jurisdictions is also different. In the absence of such an agreement or where such agreement is in conflict with a mandatory provision of the law, the arbitral tribunal shall determine the law applicable to the merits of the dispute.
Article 19 Consolidation of Arbitrations. Where the Request for Joinder is filed after rulles formation 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. Where a party becomes aware of a reason for a challenge after such receipt, the party may challenge 215 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.
Article 28 Sole-Arbitrator Tribunal. 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. The Application for the Emergency Arbitrator Procedures shall include the following information: Where a case is to be dismissed after the formation of the arbitral tribunal, the arbitral tribunal shall make the decision.
Unless otherwise agreed by the parties or provided by these Rules, the arbitral tribunal shall be composed of three arbitrators. Xicheng District, Beijing,P. Article 5 The Emergency Arbitrator Proceedings.
The key changes brought about in the Rules can cietad be divided into three categories:. 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.
Article 2 Structure and Duties. Article 29 Multiple-Party Tribunal.
Article 36 Place of Oral Hearing. The arbitral tribunal has the power to decide in the arbitral award, having regard to the circumstances of the case, that the losing party shall compensate the winning party for the expenses reasonably incurred by it in pursuing the case.
A guide to the CIETAC Arbitration Rules (2015)
Article 76 Nomination or Appointment of Arbitrator. 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. Where arbitraation amount in dispute is not ascertained at the time of applying for arbitration, or where special circumstances cietaf, the amount of the administrative fee shall be determined by CIETAC taking into account the circumstances of the case.
Contracts such as this usually contain arbitration clauses submitting disputes to the same arbitration organization. In accordance with Article 18 of the Arbitration Rules: 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.
Where conciliation is not successful, neither party may invoke any opinion, view or statement, and any proposal or proposition expressing acceptance or opposition by either party or by the arbitral tribunal in the process of conciliation as grounds for any claim, defense or counterclaim in the subsequent arbitral proceedings, judicial proceedings, or any other proceedings.
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. Article 23 Conservatory and Interim Measures. For example, in the event that the earlier case employs the summary procedures while the later employs the general procedures, then under the current rules the consolidated arbitration would be required to use the summary procedures based on the Arbitration Rules, which is inconsistent with the conditions for summary procedure; however, if CIETAC refrains from consolidation because of this, it would contradict with the purpose of consolidation.
Unless otherwise agreed by all the parties, the arbitrations shall be consolidated into the arbitration that was first commenced. Article 42 Examination of Evidence. Either party may commence arbitration arising out of different PO transactions. Under the New Rules, parties may now apply for a single arbitration under multiple contracts provided that the following conditions are met: 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.
From 50, toCIETAC shall have the power to decide not to join an additional party where the additional party is prima facie not bound by the arbitration agreement invoked in the arbitration, or where any other circumstance exists that makes the joinder inappropriate.
A guide to the CIETAC Arbitration Rules () | Practical Law
In recent years, many international arbitration institutions have introduced emergency arbitrator procedures. An emergency arbitrator shall not represent either party, and shall be and remain independent of the parties and treat them equally. Article 46 Withdrawal and Dismissal. These matters will probably present practical problems in arbitration proceedings.
The Application, evidence and other documents shall be submitted in triplicate. 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.