CIETAC ARBITRATION RULES PDF
July 19, 2020 | by admin
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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CIETAC Investment Arbitration Rules | China Law Insight
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. Unless otherwise agreed by the parties, Summary Procedure shall be applied to any case where the amount in dispute does not exceed 5, Cietca 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 writing.
The main advantages of Summary Procedure are as follows: The parties shall advance emergency arbitrator fees of 30, CNY. The emergency arbitrator may decide to order or award necessary or appropriate emergence measures, and its decision shall be binding upon both parties. The Emergency Arbitrator shall have no power to act after the Tribunal is constituted. Under CIETAC rules, parties do have certain kind of party antonym to appoint arbitrators but still subjected to some minimum limitation.
Under normal situation not in Summary Procedure an arbitration tribunal shall be composed of three arbitrators unless otherwise agreed by the parties or stipulated by relevant Riles.
Article 25, Article The Chairman of CIETAC shall make a final decision on whether an arbitrator shall be replaced or not with or without stating the reasons therefor. 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. Article 33, Article If necessary, parties can apply for property preservation. Parties can apply for preservation before or during the arbitration proceedings.
Where there is a wrongful application, the claimant shall compensate the respondent for losses incurred during the property preservation procedures. Where evidence is vulnerable to being destroyed or lost and would be difficult to recover, the parties may apply for the preservation of the evidence.
A guide to the CIETAC Arbitration Rules (2015)
Otherwise, the arbitral tribunal can make the decision of those interim measures. Under such circumstance, the parties may apply to CIETAC arbitratiob emergency relief pursuant to Appendix III, and the emergency arbitrator may decide to order or award necessary or appropriate emergency measures.
The arbitral tribunal may require the requesting party to provide appropriate security if it deems necessary or appropriate. Article 23, Appendix III. For case types i and ii, administrative fees are charged ad valorem i. For case rulex iii, registration fee and administrative fee are rrules charged ad valorem according to fee schedule. For emergency arbitrators, fees are based on an hourly rate. The prepaid expenses include but not limited to: The arbitration tribunal may produce terms of reference when necessary.
Article 35 The claimant may apply to amend its claim and the respondent may apply to amend its counterclaim after the terms of reference if any has been made, arbitratipn, the arbitral tribunal may not permit any such amendment if it considers that the amendment is too late that the arbitration proceedings may be delayed. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries lexology.
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ChinaGlobal August 10 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. Article 56 Summary Procedure vs Ordinary Procedure: Appointment of Arbitrators Under CIETAC rules, parties do have certain kind of party antonym to appoint arbitrators but still subjected to some minimum limitation.
Re-hearing after Replacement of Arbitrators The Chairman cietax CIETAC shall make a final decision on whether an arbitrator shall be replaced or not with or without stating the reasons therefor. Terms of Reference The arbitration tribunal may produce terms of reference when necessary. Facilitating the Belt and Road: Login Register Follow on Twitter Search.