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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Where conciliation is not successful, the arbitral tribunal shall resume the arbitral proceedings and render an arbitral award. For cases heard in camera, the parties and their representatives, the arbitrators, the witnesses, the interpreters, the experts consulted by the arbitral tribunal, the appraisers appointed by the arbitral tribunal and other relevant persons shall not disclose to any outsider any substantive or procedural matters relating to the case.
Article 70 Record of Arbitratiion Hearing.
Where a case is to be decided on the basis of documents only, or where the evidence is submitted after the hearing and both parties have agreed to examine the evidence by means of writing, the parties may examine the rulfs in writing. We believe the following eight aspects in the Arbitration Rules are noteworthy: To some 22015, the consolidation is a procedural relief for those parties who fail to initiate multiple-contract arbitration at the very beginning.
Article 3 Jurisdiction 1. In such a case, a Power of Attorney shall be forwarded to the Arbitration Court by the party or its authorized representative s. Claims and counterclaims are aggregated for the determination of the amount in dispute.
A guide to the CIETAC Arbitration Rules (2015)
Examples of circumstances in which multiple arbitrations might be suitable for consolidation under the Rules include:. Ceitac party may commence arbitration arising out of different PO transactions. The provisions of the Summary Procedure in Chapter IV shall apply if a domestic arbitration case falls within the scope of Article 56 of these Rules. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide.
Within twenty 20 days from the date of its receipt of the Notice of Arbitration, the Respondent shall submit its Statement of Defense, evidence and other supporting documents.
Article 64 Context Reference. Where the parties have reached a settlement agreement by themselves through arbitrationn or conciliation before the commencement of an arbitration, either party may, based on an arbitration agreement concluded between them that arbitrahion for arbitration by CIETAC and the settlement agreement, request CIETAC to constitute an arbitral tribunal to render an arbitral award in accordance with the terms of the settlement agreement.
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 shall be advanced by the parties.
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If the amount claimed is different from the actual amount in dispute, the actual amount in dispute shall be the basis for calculation. It is noteworthy that the case management function of the Arbitration Court primarily refers to the daily administration services, such as transferring documents and decisions on extension of time limits, etc. Article 2 Arbiitration and Duties.
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London Court of International Arbitration members Sign in via society site. In commercial practice, it is not uncommon that parties in one transaction will enter into multiple contracts. In deciding whether to consolidate the arbitrations in accordance with the preceding Paragraph 1, CIETAC shall take into account the rlues 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.
Article 45 Suspension of the Arbitral Proceedings. Such consolidation was, however, contingent upon party agreement. The relevant provisions in the other Chapters of these Rules, with the exception of Chapter VI, shall apply to matters not covered in this Chapter. These procedures allow the parties to file an application with the arbitration commission for an emergency arbitrator pursuant to applicable laws after the case is accepted by the commission but prior to the establishment of the arbitral tribunal.
When submitting a Request for Arbitration to the CIETAC Hong Kong Arbitration Center, the Claimant shall pay a registration fee of HKD 8, which shall include the expenses for examining the application for arbitration, initiating the arbitral proceedings, computerizing management, filing documents zrbitration labor costs.
Article 8 Service of Documents and Periods of Time. Article 25 Number of Arbitrators. Where the amount in dispute of the amended claim or that of the counterclaim rabitration RMB 5,, the Summary Procedure shall continue to apply unless the parties agree or the arbitral tribunal decides that a change to the general procedure is necessary.
Although parties in arbitration proceedings can apply for interim measures, their application will be forwarded by an arbitration institution to a court of competent jurisdiction. If such an error does exist in the award, the arbitral tribunal shall make the correction in writing within thirty 30 days of its receipt of the written request for the correction.
The date on which the Arbitration Court receives cietsc Request for Joinder shall be deemed to be the date of the commencement of arbitration against the additional party. From , to , The emergency arbitrator may ask the applicant to provide security. The party to be joined to the 2105 has a right to raise a jurisdictional objection to the arbitral tribunal.
In the Hong Kong Arbitration Centre, arbitration fees 22015 be charged in terms of ciegac Schedule IIIunder which the minimum and maximum arbitrator fees are set forth, and special fees may be given to exceed the upper limit arbitraion forth therein.
CIETAC issued the Arbitration Rules | China Law Insight
CIETAC may also designate another language as the language of arbitration having regard to the circumstances of the case. Even if the Tribunal is already rrules, the newly-joined party may request the re-nomination of the arbitrators. Article 4 Scope of Application.
This article is also available for rental through DeepDyve. 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.