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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Third Party Briefing The Rules permit third party participation eg, permit non-profit or public interest organisations or third party governments to file submissions Article Article 21 Copies of Arbitration Documents. Article 62 Time Period for Rendering Award. The relevant documentary and other evidence on which the request is based shall be attached to the Request for Joinder.
If such an error does exist in the award, the arbitral tribunal shall make the correction in writing within thirty 30 days of its receipt of the written request for the correction. A notice of a subsequent oral hearing, a notice of a postponed oral hearing, as well as a request for postponement of such oral hearing, shall not be subject to the time periods specified in the preceding Paragraph 1.
CIETAC Investment Arbitration Rules
Estimated institution and arbitrator fees based on the following amounts in dispute are as follows: Claims and counterclaims are aggregated for the determination of the amount in dispute. After the re-selection or re-appointment of the arbitrator, the arbitration tribunal shall decide whether the case shall be re-heard and the scope of re-hearing. A non-disputing treaty party may submit a written opinion on the interpretation of the investment treaty provisions relevant to the dispute or other relevant matters before the tribunal.
The arbitration agreement shall be in writing. 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.
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 conduct is authorised by or attributable to the state Article 2. The arbitral tribunal has the power to determine in the arbitral award the arbitration fees and other expenses to be paid by the parties to CIETAC. If a party has justified reasons for failure to submit a request for a postponement of the oral hearing in accordance with the preceding Paragraph 1, the arbitral tribunal shall decide whether to accept such a request.
The Rules presage China taking its own, distinct role in the resolution of international investment disputes, particularly those involving Chinese investors; a role that has historically been assumed by foreign arbitration institutions and ad hoc tribunals. Where the arbitral tribunal has not yet been formed, the decision shall be made by the President of the Arbitration Court.
Where both parties request an open hearing, the arbitral tribunal shall make a decision. After the joinder proceedings commence, the conduct of the arbitral proceedings shall be decided by the Arbitration Court if the arbitral tribunal is not formed, or shall be decided by the arbitral tribunal if it has been formed.
Article 24 Duties of Arbitrator. The emergency arbitrator may order the provision of appropriate ciegac by the party seeking the cletac relief as the precondition of taking emergency measures. Under the Rules, all hearings are to be open to the public unless the parties agree or the tribunal decides ruless Article Application and Jurisdiction The Rules apply if the parties to cietca international investment dispute agree to have their dispute referred to arbitration under the Rules or if they agree to resolve their disputes by arbitration administered by CIETAC Article 3.
Article 15 Statement of Defense. The Rules give primacy to party consent and permit the parties to determine whether the proceedings are confidential or public and so do not adopt the same standard of transparency as the Mauritius Convention.
A guide to the CIETAC Arbitration Rules (2015)
The Rules retain traditional arbitration characteristics such as flexibility, efficiency, and economy but incorporate elements of both Chinese and international arbitration law and practice. The relevant provisions in the other Chapters of these Rules, with the exception of Chapter V, shall apply to matters not covered in this Chapter. Article 77 Interim Measures and Emergency Relief.
A partial award is final and binding upon both parties.
Unless otherwise agreed by the parties or cierac by these Rules, the arbitral tribunal shall be composed of three arbitrators. Unless otherwise agreed by the parties, Summary Procedure shall be applied to any case where the amount in dispute does not exceed 5, CNY; or to any case where the amount in dispute exceeds 5, CNY, yet both parties agree or one party applies for arbitration under the Summary Procedure and the other party agrees in arbiteation.
Such written opinions shall not form a part of the award.
A guide to the CIETAC Arbitration Rules () | Practical Law
Where a party has nominated an arbitrator but fails to advance a deposit for arbitrarion actual costs as the special remuneration, travel and accommodation expenses of the nominated arbitrator within the time period specified by CIETAC, the party shall be deemed not to have nominated the arbitrator.
The arbitrator is entitled to fees based on an hourly rate for all the reasonable efforts devoted in the arbitration. The arbitral tribunal shall render an arbitral award within three 3 months from the date on which the arbitral tribunal is formed.
For a case examined by way of 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. Like other recent developments in arbitration in China, the intent behind the Rules is to provide dispute resolution options that may be more even-handed toward Chinese parties. Download How to Start Arbitration t Article 72 Context Reference.
If circumstances that need to be disclosed arise during the arbitral proceedings, the arbitrator shall promptly disclose such circumstances in writing. For an English version of the Rules, please contact us. If necessary, parties can apply for property preservation.
CIETAC Investment Arbitration Rules | China Law Insight
The Rules expressly permit third party funding. Xicheng District, Beijing,P. From , to 1,, The arbitral tribunal may specify a time period for the parties to produce evidence and the parties shall produce evidence within the specified time period.
A party may challenge an arbitrator in writing within fifteen 15 days from the date it receives the Notice of Formation of the Arbitral Tribunal. The date on which the Arbitration Court receives the Request for Joinder shall be deemed to be the date of the commencement of arbitration against the additional party.
The written record shall be signed or sealed by the arbitrator sthe recorder, the parties, and any other participant in the arbitration. An arbitration agreement shall be deemed to exist where its existence is asserted by one party and not denied by the other during the exchange of the Request for Arbitration and the Statement of Defense. 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 shall be determined by CIETAC in consideration of the specific rights and interests involved in the dispute.
Article 57 Notice of Arbitration. Article 46 Withdrawal and Dismissal.
Follow Please login to follow content. CIETAC accepts cases involving economic, trade and other disputes of a contractual or non-contractual nature, based on an agreement of the parties.