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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Estimated institution and arbitrator fees based on the following amounts in dispute are as follows:.
CIETAC Investment Arbitration Rules
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. When a case is accepted, an additional amount of RMB 10, shall be charged as the registration fee, which shall include cietca expenses ruled examining the application for arbitration, initiating the arbitral proceedings, computerizing management and filing documents. 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.
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 xietac filed any counterclaim.
CIETAC Current Arbitration Rules-China International Economic and Trade Arbitration Commission
The Chinese Supreme Court has confirmed that investor-state disputes do not constitute commercial disputes. Article 24 Duties of Arbitrator.
The Arbitration Court may require the Applicant to advance any other additional and reasonable actual costs. An emergency arbitrator or tribunal seated in mainland China would not be likely to have the legal authority to order interim relief in the form of conservatory measures. 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.
Article 2 Structure and Duties. Article 15 Statement of Defense. In deciding 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 separate arbitrations.
A more in-depth discussion on this issue is beyond the scope of this article. From 5, to 10, The parties shall sign a settlement agreement where they have reached settlement through conciliation by the arbitral tribunal or by themselves.
The emergency arbitrator may decide to dismiss the application of the Applicant and terminate the emergency arbitrator proceedings, if that arbitrator considers that circumstances exist where emergency measures are unnecessary or unable to be taken for various reasons. 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.
Apart from charging the arbitration fee according to this Schedule, CIETAC may also collect other additional and reasonable actual expenses pursuant to the relevant provisions of the Arbitration Rules. Unless the arbitral award is made in accordance with the opinion of the presiding arbitrator or the sole arbitrator and signed by the same, the arbitral award shall be signed by a majority of the arbitrators.
Briefing of Fees and Important Rules under CIETAC Arbitration Rules (2015)
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. Article 28 Sole-Arbitrator Tribunal. After the consolidation of arbitrations, the conduct of the arbitral proceedings shall be decided by the Arbitration Court if the arbitral tribunal is not formed, or cketac be decided by the arbitral tribunal if it has been formed.
The power of the emergency arbitrator and the emergency arbitrator proceedings shall cease on the date of the formation of the arbitral tribunal. Unless otherwise agreed by the parties, for an arbitration administered by the CIETAC Hong Kong Arbitration Center, the place of arbitration shall be Hong Kong, the law applicable to the arbitral proceedings shall be the arbitration law of Hong Kong, and the arbitral award shall be a Hong Kong award.
The written record, the minutes and the audio-visual record of an oral hearing shall be available for use and reference by the arbitral tribunal. The Summary Procedure shall not be affected by any amendment to the claim or by the filing of a counterclaim. Article 23, Appendix III. CIETAC may also determine the place of arbitration to be another location having regard to the circumstances of the case. The emergency arbitrator may decide to order or award necessary or appropriate emergence measures, and its decision shall be binding upon both parties.
If necessary, parties can apply for property preservation. Where the parties wish to conciliate their dispute but do not wish to have conciliation conducted by the arbitral tribunal, CIETAC may, with the consents of both parties, assist the parties to conciliate the xrbitration in a manner and procedure it considers appropriate.
The Summary Procedure shall apply to any case where the amount in dispute does not exceed RMB 5, unless otherwise agreed by the parties; or where the amount in dispute exceeds RMB 5,, yet one party applies for arbitration ruels the Summary Procedure and the other party agrees in writing; or where both parties have agreed to apply the Summary Procedure. If a arbitrration has justified reasons to request an extension of the time period, the arbitral tribunal shall decide whether to grant such extension.
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.
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. 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 ssrbitration to an address agreed by vietac parties.