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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The headings of the articles in these Rules shall not be construed arbihration interpretations of the contents of the provisions contained therein. Where a Request for Arbitration is found not to be in conformity with the requirements, the Arbitration Court shall notify the party in arbirration of its refusal of acceptance with reasons stated. The cases referred to in the preceding paragraph include: Article 40 Record of Oral Hearing. 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.
Failure by the Respondent to file a Statement of Defense shall not affect the conduct of the arbitral proceedings. A notice of a subsequent oral hearing, a notice of a postponed oral hearing, as well as a request for postponement of such oral hearing, shall not be subject to the time periods specified in the preceding Paragraph 1.
From , to 1,, A party may withdraw its claim or counterclaim in its entirety. The arbitral proceedings shall resume as soon as the reason for the suspension disappears or the suspension period ends.
Article 7 Costs of the Emergency Arbitrator Proceedings. Clearly, this course of action involved incurring substantial filing fees. In the Hong Kong Arbitration Centre, arbitration fees can be charged in terms of the Schedule IIIunder which urles minimum and maximum arbitrator fees are set forth, and special fees may be given to exceed the upper limit set forth therein. CIETAC may consolidate arbitrations upon the request of a party, provided that the arbitrations are commenced in terms of the same arbitration clause.
According to the newsletter issued at that time and the Arbitration Ciefac, the Arbitration Court will be in charge of the administration of arbitration cases, while the Secretariat will be responsible for the public services provided under Article 19 of the Charter of CIETAC.
quick read of the CIETAC arbitration rules | Arbitration International | Oxford Academic
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.
In the event that the Claimant withdraws its claim in its entirety, the arbitral tribunal may proceed with its examination of the counterclaim and render an arbitral award thereon. Consolidation, multiple contracts and citeac The Rules permitted the consolidation of parallel arbitral proceedings article For Permissions, please email: Any suspension period shall be excluded when calculating the time period in the preceding Paragraph 1.
Under the PRC Civil Procedural Code, it is the courts that are empowered to grant interim measures, including property or evidence preservation orders or injunctions.
Middle East, Africa and Asia. Where a case is examined by way of an oral hearing, the evidence shall be produced at the oral hearing and may be examined by the parties. The Summary Procedure shall apply to any case where the amount in dispute does not exceed RMB 5, unless otherwise arbitraton by the parties; or where the amount in dispute exceeds RMB 5,, yet one party applies for arbitration under the Summary Procedure and the other party agrees in writing; or where both parties have agreed to apply the Summary Procedure.
As the secretary is not a professional arbitratioj, his or her written record of an oral hearing is generally not complete and only reflects the main views stated by the participants during the hearing. If the amount claimed is different from the actual amount in dispute, the actual amount in dispute shall be the basis for calculation. Article 32 Challenge to Arbitrator. Rules of Foreign Arbitration International Conventions and Even if the Tribunal is already established, the newly-joined party may request the re-nomination of the arbitrators.
Article 36 Place of Oral Hearing. Any party or participant in the arbitrtaion may apply for a correction upon finding any omission or mistake in the record regarding its own statements. With the consents of both parties, the arbitral tribunal may conciliate the case in a manner it considers appropriate.
Upon receipt of a Request for Arbitration, where after examination, the Arbitration Court finds the Request not to be in conformity with the formality requirements specified in Article 12 of these Rules, it may request the Claimant to comply with the requirements within a specified time period.
During the arbitral proceedings, a party wishing to join an rjles party to the arbitration may file the Request for Joinder with CIETAC, based on the arbitration agreement invoked in the arbitration that prima facie binds the additional party. Where the parties have reached a arbktration agreement through conciliation by the arbitral tribunal or by themselves, they may withdraw arbitratoon claim or counterclaim, or request the arbitral tribunal to render an arbitral award or a conciliation statement in accordance with the terms of the settlement agreement.
However, the party shall communicate such request in writing to the arbitral tribunal within three 3 days of its receipt of the notice of the oral hearing.
In line with developments in other international arbitration institutions, the EA Procedure Article 23 and Appendix III is introduced, under which a party may apply for urgent interim relief. The arbitral tribunal shall decide whether or not to extend the time period. Article 17 of the Arbitration Rules provided for the consolidation of arbitrations, which required the consent of all parties irrespective of whether the consolidation was applied by one party or suggested by CIETAC.
From 40, to , Article 50 Partial Award.
If a party fails to nominate or appoint a substitute arbitrator accordingly, the substitute arbitrator shall be appointed by the Chairman of CIETAC. In addition, the written record and the audio-visual recording are not open to the parties. 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.
Ciwtac 30 Considerations in Appointing Arbitrators. Article 53 Correction of Award. Client alerts Already signed up for Client alerts?