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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Article 29 Multiple-Party Tribunal.
Article 79 Arbitration Fees. Article 20 Submission and Exchange of Arbitration Documents. Article 17 Amendment to Claim or Counterclaim. Article 47 Combination of Conciliation with Arbitration. 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.
The parties shall perform the arbitral award within the time period specified in the award.
CIETAC issued the Arbitration Rules | China Law Insight
Article 33 Replacement of Arbitrator. The Chairman of CIETAC shall make a final decision on whether or not an arbitrator should be replaced with or without stating the reasons. Turn off more accessible mode. The arbitral tribunal shall decide whether to suspend or resume the arbitral proceedings. Article 82 Arbitration Fees and Costs.
Where the arbitral tribunal has not yet been formed, such decision shall be made by the Arbitration Court. Such an expert or appraiser may be a Chinese or foreign institution or natural person. In such a case, if the Respondent has filed a counterclaim, the arbitral tribunal shall proceed with the hearing of the counterclaim and make a default award. An arbitrator shall not represent either party, and shall be and remain independent of the parties and treat them equally.
Where the parties have agreed on the language of arbitration, their agreement shall prevail. A party may be deemed to have withdrawn its claim or counterclaim if the arbitral proceedings cannot proceed for reasons attributable to that party.
A guide to the CIETAC Arbitration Rules () | Practical Law
If circumstances that need to be disclosed arise during the Emergency Arbitrator Procedures, the emergency arbitrator shall promptly disclose such circumstances in writing. Consolidation of Arbitrations In addition to all parties’ agreement arbitratiin consolidate, revisions are made to Article 19 of the New Rules, whereby the consolidation of arbitrations may be decided by CIETAC without all citeac agreement.
Within a reasonable time after the award is made, the arbitral tribunal may, on its own initiative, make corrections in writing of any clerical, typographical or calculation errors, or any errors of a similar nature contained in the award. A party having justifiable doubts as to the impartiality or independence of an arbitrator may challenge that arbitrator in writing and shall state the facts and reasons on which the challenge is based with supporting evidence.
The Coetac, evidence and other documents shall be submitted in triplicate.
The arbitral tribunal or the Arbitraion Court may, if it considers it necessary, require the parties to submit a corresponding translation of their documents and evidence into Chinese or other languages. Neither party may bring a lawsuit before a court or make a request to any other organization for revision of the award.
In addition, the written record and the audio-visual recording are not open to the parties. Where the parties agree to refer their dispute to arbitration under these Rules without providing the name of the arbitration institution, they shall be deemed to have agreed to refer the dispute to arbitration by CIETAC.
Sign In or Create an Account. This involved replacing aribtration Secretariat by the Arbitration Court in administering cases, which is a result of the functional division between the Secretariat responsible for public service and Arbotration Court responsible for case management.
A guide to the CIETAC Arbitration Rules (2015)
As outlined above, the Arbitration Rules have included recent developments in international arbitration practice. Article 51 Scrutiny of Draft Award.
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.
It is used to deal with interim measures required for emergent relief. A party may withdraw its claim 2105 counterclaim in its entirety. Where there is no monetary claim or the amount in dispute is not clear, CIETAC shall determine whether or not to apply the Summary Procedure after full consideration of relevant factors, including but not limited to the complexity of the case and the interests involved.
Practitioners had in the past raised concerns over the time it could take for the Secretariat to respond to queries, owing to its workload. Article 77 Interim Measures and Emergency Relief.