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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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, however, 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.
Article 63 Change of Procedure. Where the parties have failed to jointly nominate the presiding arbitrator according to the above provisions, the presiding arbitrator shall be appointed by the Chairman of CIETAC. The Request for Arbitration and its attachments submitted by the Claimant shall be sent to the Respondent under the same cover. Estimated institution and arbitrator fees based on the following amounts in dispute are as follows:.
Each party shall bear the burden of proving the facts on which it relies to support its claim, defense or counterclaim and provide the basis for its opinions, arguments and counter-arguments. Costs The Rules are intended to provide an efficient and lower cost alternative for international investment arbitration.
Article 26 Nomination or Appointment of Arbitrator. Neither party may bring a lawsuit before a court or make a request to any other organization for revision of the award. After the re-selection or re-appointment of the arbitrator, the arbitration tribunal arbitratiln decide whether the case shall be re-heard and the scope of re-hearing.
Article 34 Continuation of Arbitration by Majority. From 80, to , Terms of Reference The arbitration tribunal may produce terms of reference when necessary.
CIETAC Investment Arbitration Rules
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. Article 72 Context Reference. Public Hearings and Transparency In response ruled more recent concerns about the legitimacy of investor-state arbitration, the Rules provide for a measure of transparency to the resolution of international investment disputes.
The emergency arbitrator shall determine in its decision in what proportion the costs of the emergency arbitrator proceedings shall be borne by the parties, subject to the power of the arbitral tribunal to finally determine the allocation of such costs at the request of a party. The tribunal, after consultation with the parties, has the power to determine whether to cistac an application for summary dismissal. A notice of a subsequent oral hearing, a notice of a postponed cieac hearing, as well as a request for postponement of such oral hearing, shall not be subject to arbitrration time periods specified in the preceding Paragraph 1.
Article 28 Sole-Arbitrator Tribunal. When a case is accepted, an additional amount of RMB 10, shall be charged as the registration fee, which shall include the expenses for examining the application for arbitration, initiating the arbitral proceedings, computerizing management and filing documents.
A guide to the CIETAC Arbitration Rules () | Practical Law
At the request of a party, the Arbitration Court may, 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 arbitrxtion be advanced by the parties. The panel has not yet been announced. If the challenge is accepted, the President of ruels Arbitration Court shall reappoint an emergency arbitrator within one 1 day from the date of the decision confirming the challenge, and copy the decision to the Chairman of CIETAC.
This fee schedule applies to arbitration cases accepted under Item a and bParagraph 2 of Article 3 of the Arbitration Rules. Article 2 Structure and Duties 1. According to Chinese practice, this means that the Rules are effective but may yet be revised. The main advantages of Summary Procedure are as arbitrattion 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 the law applicable to an arbitration agreement has different provisions as to the form and validity of the arbitration agreement, those arbirtation shall prevail.
Where a party has nominated an arbitrator but fails to advance a deposit for such 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 Arbitratuon shall advance the costs for the Emergency Arbitrator Procedures. Article 7 Costs of the Emergency Arbitrator Proceedings.
Article 3 Disclosure and Challenge arbitrztion the Emergency Arbitrator.
If a party experiences difficulties in producing evidence within the specified time period, it may apply for an extension before the end of the period. Where the parties have agreed arbittation the place of an oral hearing, the case shall be heard at that agreed place except in the circumstances stipulated in Paragraph 3 of Article 82 of these Rules.
Briefing of Fees and Important Rules under CIETAC Arbitration Rules () – Lexology
From 50, to , Any suspension period shall be excluded when calculating the time period in the preceding Paragraph 1. Where a case is examined by way of an oral hearing, the evidence rulse be produced at the oral hearing and may be examined by the parties. Download How to Start Arbitration t The arbitral tribunal may consult experts or appoint appraisers for clarification on specific issues of the case.
Eules 7 Place of Arbitration. The emergency arbitrator proceedings shall not affect the right of the parties to seek interim measures from a competent court pursuant to the applicable law.
The emergency arbitrator has the power to make a decision to order or award necessary emergency relief, and shall make every reasonable effort to ensure arbitrarion the decision is valid.