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.
Where both parties request an open hearing, the arbitral tribunal shall make icetac decision. At the request of a party, the Arbitration Court arnitration, 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 rupes advanced by the parties. 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.
Consequently, the arbitral tribunal or Arbitration Commission under Chinese law is not in a position to issue any interim order, and even if they do issue one, such order is not supported by the Chinese courts. Article 37 Notice of Oral Hearing. Multiple-contract arbitration is allowed under the Arbitration Rules.
In practice, however, this amendment will give little comfort to affected parties. The provisions of this Chapter shall apply to domestic arbitration cases. This article is also available for rental through DeepDyve. CIETAC has added a new provision in Article 40 of the Arbitration Rules, under which a party can apply to the Arbitration Court to engage a stenographer to transcribe arbitgation oral hearing.
In recent years, many international arbitration institutions have introduced aebitration arbitrator procedures.
Where the arbitral tribunal has not yet been formed, such decision shall be made by the Arbitration Court. Tianjin Economic-Technological Development Zone.
With the development of the Chinese economy, case loads and the average amounts in dispute have been steadily increasing in recent years. From 1,, to 2,, Xicheng District, Beijing,P. Upon receipt of a Request for Arbitration, where the Arbitration Court finds the Request to meet the requirements specified in Article 12 of these Rules, the Arbitration Court shall notify the parties accordingly within five 5 days from its ruels of the Request.
During the process of conciliation, the arbitral tribunal shall terminate the conciliation proceedings if either party so requests or if the arbitral tribunal considers that citeac conciliation efforts will be futile. 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.
CIETAC issued the Arbitration Rules | China Law Insight
The Request for Arbitration and its arbitrration submitted by the Claimant shall be sent to the Respondent under the same cover. The time period for the additional party to submit its Statement of Defense and Statement of Counterclaim shall start counting from the date of its receipt of the Notice of Joinder.
Where the Request for Joinder is filed after the 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.
This reflects a trend of harmonisation in procedures across arbitral institutions. The arbitral tribunal has the power to fix in the award the specific time period for the parties to perform the award and the liabilities for failure to do so within the specified time period.
Under all circumstances, the arbitral tribunal shall act impartially and fairly and shall afford a reasonable opportunity to both parties to present their case. Article 35 Conduct of Hearing. The disclosure and challenge proceedings shall apply equally to the reappointed emergency arbitrator.
Article 21 Copies of Arbitration Documents. However, the arbitral tribunal may examine the case on the basis of documents only if the parties so agree and the arbitral tribunal consents or the arbitral tribunal deems that oral hearings are unnecessary and the parties so agree.
If a party or its representative s or witness es requires interpretation at an oral hearing, an interpreter may be provided either by the Arbitration Court or by the party. The arbitral tribunal shall decide whether or not to postpone riles oral agbitration.
Within a reasonable time after the award is made, the arbitral tribunal may, on its own initiative, make corrections in writing of arbiteation clerical, typographical or calculation errors, or any errors of a similar nature contained in the award. Article 52 Allocation of Fees. 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.
Unless otherwise agreed by the parties, the arbitral tribunal has the power to order appropriate interim measures at the request of a party.
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.