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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Chapter IV Summary Procedure. The arbitral tribunal shall decide whether or not to postpone the oral hearing. Upon a reasoned request of a party, the emergency arbitrator or the arbitral tribunal to be formed may modify, suspend zrbitration terminate the decision.
The Rules apply to arbitrations commenced on or after 1 January and may also be applied to arbitrations commenced prior to that date, where all the parties agree.
Where the amount in dispute is not ascertained at the time of applying for arbitartion, or where special circumstances exist, the amount of the arbitration fee deposit shall be determined by CIETAC in consideration of the specific rights and interests involved in the dispute. That the arbitral tribunal shall have the power to determine the existence and availability of the arbitration agreement and its jurisdiction over the arbitration case demonstrates that CIETAC recognises the differences between arbitrations seated on the Mainland and in Hong Kong.
The relevant documentary and other evidence on which the request is based shall be attached to the Request for Joinder. Fromto 1, The Claimant shall submit its Statement of Defense in writing within thirty 30 days from the date of its receipt of the Notice.
Within thirty 30 days from its receipt of the arbitral award, either party may request the arbitral tribunal in writing for a correction of any clerical, typographical or calculation errors, or any errors of a similar nature contained in the 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.
If the challenge is accepted, the President of the 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.
The Arbitration Court shall notify the parties of the above circumstances.
From 1, to 5, Despite the restrictions outlined above, it is still of practical significance to bring in emergency arbitrator procedures.
The parties may also settle their dispute by themselves. 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. arbihration
A party requiring emergency relief may apply for the Emergency Arbitrator Procedures based 201 the applicable law or the agreement of the parties. Under the Rules, a party may have felt the need adbitration commence a number of arbitrations under several related contracts. Article 46 Withdrawal and Dismissal. The arbitral tribunal shall have the power to determine the existence and validity of the arbitration agreement and its jurisdiction over the arbitration case.
Rusty Park—as interviewed by Professor Catherine A. The arbitral tribunal shall decide whether or not to extend the time period. The decision of the emergency arbitrator shall cease to be binding: The emergency arbitrator shall conduct the proceedings in the manner the emergency arbitrator considers to be appropriate, taking into account the nature and the urgency of the emergency relief, and shall ensure that each party has a reasonable opportunity to present its case.
In such a cietad, a Power of Attorney shall be forwarded to the Arbitration Court by the party or its authorized representative s.
CIETAC’s New Arbitration Rules – Publications – Allen & Overy
Where any matter which should have been decided by the arbitral tribunal was omitted from the arbitral award, the arbitral tribunal may, on its own initiative, make an additional award within a reasonable time after the award is made. When filing the counterclaim, the Respondent shall specify the counterclaim in its Statement of Counterclaim arbitratiion state the facts and grounds on which the counterclaim is based with the relevant documentary and other evidence attached thereto.
Contracts such as this usually contain arbitration clauses submitting disputes to the same arbitration organization. A new chapter is added to the New Rules with special provisions for Hong Kong arbitration.
An arbitration agreement shall be deemed to exist where its existence is asserted by one party and srbitration denied by the other during the exchange of the Request for Arbitration and the Statement of Defense. In the event that the Respondent withdraws its counterclaim in its entirety, the arbitral tribunal may proceed with the examination of the claim and render an arbitral award thereon. 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.
CIETAC issued the Arbitration Rules | China Law Insight
The Summary Procedure shall not be affected by any amendment to the claim or by the filing of a counterclaim. 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 have filed any counterclaim.
Where conciliation is not successful, the arbitral tribunal shall resume the arbitral proceedings and render an arbitral award. 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.
CIETAC’s New Arbitration Rules 2015
We note that these provisions may initially lead to some practical issues, for example: It has sub-commissions or arbitration centers Appendix I. Where a party becomes aware of a reason for a challenge after such receipt, the party may challenge the arbitrator in writing within fifteen 15 days after such reason has become known to it, but no later than the conclusion of the last oral hearing.
CIETAC may decide to join the additional party unless that party is prima facie not bound by the arbitration agreement invoked in the arbitration, or other circumstances exist that make joinder inappropriate.
However, if the dispute falls outside the scope of the specific rules, these Rules shall apply. 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. 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. A party may challenge an arbitrator in writing within fifteen 15 days from the date it receives the Notice of Formation of the Arbitral Tribunal.