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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Effective as of January 1, Chapter I General Provisions. Article 1 The Arbitration Commission. Article 2 Structure and Duties. It has sub-commissions or arbitration centers Appendix I. CIETAC accepts cases involving economic, trade and other disputes of a contractual or non-contractual nature, based on an agreement of the parties. The cases referred to in the preceding paragraph include: Article 4 Scope of Application. Where the parties have agreed to refer their dispute to CIETAC for arbitration, they shall be deemed to have agreed to arbitration in accordance with these Rules.
Where the parties have agreed on the application of other arbitration rules, CIETAC shall perform the relevant administrative duties. Where the parties agree to refer their dispute to arbitration under these Rules without providing the name of the arbitration institution, they shall be deemed to have agreed to refer the dispute to arbitration by CIETAC.
However, if the dispute falls outside the scope of the specific rules, these Rules shall apply. Article 5 Arbitration Agreement. An arbitration agreement means an arbitration clause in a contract or any other form of a written agreement concluded between the parties providing for the settlement of disputes by arbitration. The arbitration agreement shall be in writing. An arbitration agreement is in writing if it is contained in the tangible form of a document such as a contract, letter, telegram, telex, fax, electronic data interchange, or email.
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 law applicable to an arbitration agreement has different provisions as to the form and validity of the arbitration agreement, those provisions shall prevail. An arbitration clause contained in a contract shall be treated as a clause independent and separate from all other clauses of the contract, and an arbitration agreement attached to a contract shall also be treated as independent and separate from all other clauses of the contract.
CIETAC’s New Arbitration Rules – Publications – Allen & Overy
The validity of an arbitration clause or an arbitration agreement shall not be affected by any modification, cancellation, termination, transfer, expiry, invalidity, ineffectiveness, rescission or non-existence of the contract. CIETAC has the power to determine the existence and validity of an arbitration agreement and its jurisdiction over an arbitration case. Where CIETAC is satisfied by prima facie evidence that a valid arbitration agreement exists, it may make a decision based on such evidence that it has jurisdiction over the arbitration case, and the arbitration shall proceed.
Where CIETAC has delegated the power to determine jurisdiction to the arbitral tribunal, the arbitral tribunal may either make a separate decision on jurisdiction during the arbitral proceedings or incorporate the decision in the final arbitral award. 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.
Where a case is to be dismissed before the formation of the arbitral tribunal, the decision shall be made by the President rulees the Arbitration Court. Where the case is to be dismissed after the formation of the arbitral tribunal, the decision shall be made by the arbitral tribunal. Article 7 Place of Arbitration. CIETAC may also determine the place of arbitration to be another location having regard to the circumstances of the case.
The arbitral award shall be deemed as having been made at the place of arbitration. arbitratikn
Article 8 Service of Documents and Periods of Time. All documents, notices and written materials in relation to the arbitration may be delivered in person or sent by registered mail or express mail, fax, or by any other means considered proper by the Arbitration Court or the arbitral tribunal. 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.
The periods of time specified in these Rules shall begin on the day following the day when the party receives or should have received the arbitration correspondence, notices or written materials sent by the Arbitration Court. Article 9 Good Faith. Arbitration participants shall proceed with the arbitration in good faith.
Article 10 Waiver of Right to Object. Arbitraion 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 cierac 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. Chapter II Arbitral Proceedings. Section 1 Request for Arbitration, Defense and Counterclaim.
Article 11 Commencement of Arbitration. The arbitral proceedings shall commence on the day on which the Arbitration Court receives a Request for Arbitration. Article 12 Application for Arbitration. A party applying for arbitration under these Rules shall: Article 13 Acceptance of a Case. Upon the written application of a party, CIETAC shall accept a case in accordance with an arbitration agreement concluded between the parties either before or after the occurrence of the dispute, in which it is provided that disputes are to be referred to arbitration by CIETAC.
The Request for Arbitration and its attachments submitted by the Claimant shall be sent to the Respondent under the same cover. Where after examination the Arbitration Court finds the formalities required for the arbitration application to be incomplete, it may request the Claimant to complete them within a specified time period.
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. Article 14 Multiple Contracts. The Claimant may initiate a single arbitration concerning disputes arising out of or in connection with multiple contracts, provided that: Article 15 Statement of Defense.
The Respondent shall file a Statement of Defense in writing within forty-five 45 days from the date of its receipt of the Notice of Arbitration. If the Respondent has justified reasons to request an extension of the time period, the arbitral tribunal shall decide whether to grant an extension.
Where the arbitral tribunal has not yet been formed, the decision on whether to grant the extension of the time period shall be made by the Arbitration Court. The arbitral tribunal has the power to decide whether to accept a Statement of Defense submitted after the expiration of the above time period. Failure by the Respondent to file a Statement of Defense shall not affect the conduct of the arbitral proceedings.
The Respondent shall file a counterclaim, if any, in writing within forty-five 45 days from the date of its receipt of the Notice of Arbitration.
When filing the counterclaim, the Respondent shall specify the counterclaim in its Statement of Counterclaim and state the facts and grounds on which the counterclaim is based with the relevant documentary and other evidence attached thereto. 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 formalities required for filing a counterclaim are found to be complete, the Arbitration Court shall send a Notice of Acceptance of Counterclaim to the parties. The Claimant shall submit its Statement of Defense in writing within thirty 30 days from the date of its receipt of the Notice.
CIETAC’s New Arbitration Rules 2015
Rhles the Claimant has justified reasons to request an extension of the time period, the arbitral tribunal shall decide whether to grant gules an extension. The arbitral 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. Article 17 Amendment to Claim or Counterclaim. The Claimant may apply to amend its claim and the Respondent may apply to amend its counterclaim. However, the arbitral tribunal may refuse any such amendment if it considers that the amendment cieyac too late and may delay the arbitral proceedings.
Article 18 Joinder arbitratio Additional Parties. During the arbitral proceedings, a party wishing to join an additional party to the arbitration may file the Request for Joinder with CIETAC, based on the arbitration agreement invoked in the arbitration that prima facie binds the additional party. Where the Request for Joinder is filed after the formation of the arbitral tribunal, a decision shall be arbltration by CIETAC after the arbitral tribunal hears from all parties including the additional party if the arbitral tribunal considers the joinder necessary.
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 relevant documentary and other evidence on which the request is based shall be attached to the Request for Joinder. 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.
The arbitral tribunal shall be formed in accordance with Article 29 of these Rules. Where the joinder takes place after the formation of the arbitral tribunal, the arbitral tribunal shall arbitrattion from the additional party of its comments on the past arbitral proceedings including the formation of the arbitral tribunal.
The relevant provisions on the submission of the Statement of Defense and the Statement of Counterclaim under these Rules shall apply to the additional party. The time period for the additional party to submit its Statement of Defense and Statement of Counterclaim shall start counting arbitraation the date of its receipt of the Notice of Joinder. CIETAC 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.
Article 19 Consolidation of Arbitrations. In arbitrattion whether to consolidate the arbitrations in accordance with the preceding Paragraph 1, CIETAC shall take into account the opinions of all parties and other relevant factors such as the correlation between the arbitrations concerned, including the nomination and appointment of arbitrators in the arbittration arbitrations.
CIETAC releases arbitration rules | Freshfields knowledge
Unless otherwise agreed by all the parties, the arbitrations shall be consolidated into the arbitration that was first commenced. After the consolidation of arbitrations, the cietzc 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 20 Submission and Exchange of Arbitration Documents. All arbitration documents from the parties shall be submitted to the Arbitration Court. 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 21 Copies of Citeac Documents. When submitting the Request for Arbitration, the Statement of Defense, the Statement of Rulse, evidence, and other arbitration documents, the parties shall make their submissions in quintuplicate.
Where there are multiple parties, additional copies shall be provided accordingly. Where the party applies for preservation of property or coetac of aarbitration, it shall also provide additional copies accordingly.
Where the arbitral tribunal is composed of a sole arbitrator, the number of copies submitted may be reduced by two. In such a case, a Power of Attorney shall be forwarded to the Arbitration Court by the party or its authorized representative s. Article 23 Conservatory and Interim Measures. The emergency arbitrator may decide to order or award necessary or appropriate emergency measures.
The decision of the emergency arbitrator shall be binding upon both parties. At the request of a party, the arbitral tribunal may decide to order or award any interim measure it deems necessary or proper cietwc 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.
Section 2 Arbitrators and the Arbitral Tribunal. Article 24 Duties of Arbitrator. An arbitrator shall not represent either party, and shall be and remain independent of the parties and treat them equally. Article 25 Number of Arbitrators. The arbitral tribunal shall be composed of one or three arbitrators.