CIETAC RULES 2005 PDF

This alert highlights some of the key amendments over the previous edition of the rules adopted in The rules apply to any arbitration commenced with CIETAC as of 1 May , unless parties have otherwise agreed to the application of another version of the rules. Flexibility in determining the place of arbitration. However, in an effort to stake its claim as an international arbitration body, CIETAC introduced rules in that permitted parties to agree to a place of arbitration outside mainland China. The rules give further flexibility to CIETAC to determine any appropriate location, including a location outside mainland China, as the place of arbitration, where parties have failed to reach an agreement or their agreement is ambiguous. Permitting the consolidation of arbitrations.

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This alert highlights some of the key amendments over the previous edition of the rules adopted in The rules apply to any arbitration commenced with CIETAC as of 1 May , unless parties have otherwise agreed to the application of another version of the rules.

Flexibility in determining the place of arbitration. However, in an effort to stake its claim as an international arbitration body, CIETAC introduced rules in that permitted parties to agree to a place of arbitration outside mainland China. The rules give further flexibility to CIETAC to determine any appropriate location, including a location outside mainland China, as the place of arbitration, where parties have failed to reach an agreement or their agreement is ambiguous.

Permitting the consolidation of arbitrations. In recognition of the increasing number of disputes involving multiple parties and multiple contracts, many international arbitration bodies have revised their rules to permit the consolidation of two or more related arbitration proceedings.

Such consolidation could be helpful in minimizing the risk of inconsistent outcomes arising from parallel proceedings, and allowing related disputes to be resolved in a more coordinated and efficient manner. In line with this international trend, the rules now provide that two or more arbitrations may be consolidated, either on the request of a party, or where CIETAC believes it to be necessary. In either case, however, consolidation can only take place if all parties give their consent.

This consent requirement may nevertheless limit the practical use of the consolidation provisions as any uncooperative party can simply block the consolidation by withholding its consent, even if there are good reasons for the proceedings to be consolidated. In the circumstances, persons interested in the outcome of an arbitration but who have not been brought in as a party to the arbitration have no option but to commence parallel proceedings to pursue their rights. The rules, however, now contain provisions that expressly empower the arbitral tribunal, upon application by any party, to order any interim measure it deems necessary or proper in accordance with applicable law which is typically the law of the place of arbitration unless otherwise specified by the parties.

In connection with its application, the requesting party may be required to furnish appropriate security. Given the limitations under PRC law as explained above , these new provisions on interim measures are likely to be relevant only where the place of arbitration is outside mainland China, and where the local laws permit the grant of wider forms of interim measures such as injunctive relief. Increased party autonomy in the arbitration-mediation process.

In other words, parties are often asked by their arbitrators during the course of the arbitration proceedings to conciliate their differences with the aim of settling the dispute. In this process, arbitrators more often than not offer to act as mediators. This practice has been criticized as inefficient and out of line with modern international arbitration practice. The rules now allow parties to directly exchange correspondence and documents by email, copying CIETAC and the tribunal in the process and then following up with hard copies by courier.

Unless otherwise agreed between the parties, the summary procedure which requires the arbitration to be conducted under a more compact timetable now applies to cases where the amount in dispute does not exceed RMB2,, Previously, the threshold was RMB, The changes introduced by the rules are more evolutionary than revolutionary.

Another notable omission is the appointment of emergency arbitrator provisions found in the SIAC and ICC rules which enable parties to appoint an emergency arbitrator solely for the purposes of obtaining urgent interim measures before the arbitral tribunal is constituted. Thank you for your interest. Before you communicate with one of our attorneys, please note: Any comments our attorneys share with you are general information and not legal advice.

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Opens in new window. Please select one of the options above. Application The rules apply to any arbitration commenced with CIETAC as of 1 May , unless parties have otherwise agreed to the application of another version of the rules.

Permitting the consolidation of arbitrations In recognition of the increasing number of disputes involving multiple parties and multiple contracts, many international arbitration bodies have revised their rules to permit the consolidation of two or more related arbitration proceedings. Threshold for summary procedure raised Unless otherwise agreed between the parties, the summary procedure which requires the arbitration to be conducted under a more compact timetable now applies to cases where the amount in dispute does not exceed RMB2,, Concluding remarks The changes introduced by the rules are more evolutionary than revolutionary.

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The Arbitration Rules of the Arbitration Commission [hereafter, the "Arbitration Rules"],which took effect on 1 October , apply to this case. On 6 September , the Secretariat of the Arbitration Commission sent the Notice of Arbitration, the Arbitration Rules and the Arbitrators List to the [Seller] and the [Buyer] by express mail, and also sent the [Seller]'s arbitration application with attachment to the [Buyer] and requested the [Buyer] to submit a response and appoint an arbitrator within the period provided in the notice. The [Seller] appointed Mr. Because the parties neither jointly appointed nor authorized the Chairman of the Arbitration Commission to appoint a chief arbitrator, according to Article 24 of the Arbitration Rules, the Chairman appointed Mr. The aforementioned three arbitrators formed the Arbitration Tribunal on 9 October

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A guide to the CIETAC Arbitration Rules (2005)

The New Rules will enter into effect on 1 May This is a significant improvement. Formerly, in CIETAC arbitration proceedings every application for preservation of property or evidence had to be forwarded by the arbitration tribunal to the competent court. Such interim measures can take the form of a procedural order or alternatively an interlocutory award. This new power of the arbitration tribunal can save time for the applicant, avoiding the need to rely on a Chinese court for interim measures. In old rules, if both parties failed to reach an agreement regarding to the language being used in this arbitration proceeding, the default language was Chinese. Contrarily, if the respondent files a counterclaim, he must pay the corresponding arbitration fee in advance.

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