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 Respondent shall file a Statement of Defense in writing within forty-five 45 days from the date of its receipt of the Notice of Arbitration. However, the arbitral tribunal may examine the case 20155 the basis of documents only if the parties so agree and the arbitral tribunal consents or the arbitral tribunal deems that oral hearings are unnecessary and the parties so agree.
The periods of time specified in these Rules shall begin on the day following the day when the party receives or should have received the arbitration correspondence, notices or written materials sent by the Arbitration Court. After consulting with the parties and upon the approval of the Chairman of CIETAC, the other two arbitrators may also continue the arbitral proceedings and make decisions, rulings, or render the award.
As the secretary is cieatc a professional stenographer, his or her written record of an arnitration hearing is generally not complete and only reflects the main views stated by the participants during the hearing. Article 7 Place of Arbitration. However, the party shall communicate such request in writing to the arbitral tribunal within five 5 days of its receipt of the notice of the oral hearing.
In addition, there is no provision regulating the details of the consolidation, such as adjustment rabitration arbitration fees or remuneration of the arbitrators, enforcement of court rulings on interim measures, the appointment of arbitrators when more than two parties have conflicts of interests, and the adjustment of the starting point for calculating the time limit for rendering an award, etc. The arbitral tribunal may examine the case in the manner it considers appropriate.
The provisions of this Chapter shall apply to domestic arbitration cases. Despite the restrictions outlined above, it is still of practical significance to bring in emergency arbitrator procedures. Rusty Park—as interviewed by Professor Catherine A. 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 evidence in arbitrahion.
Article 2 Structure and Duties 1. Turn off more accessible mode. Claims and counterclaims are aggregated for the determination of the amount in dispute. All arbitration documents to be exchanged during the arbitral proceedings shall be exchanged among arbitratkon arbitral tribunal and the parties by the Arbitration Court unless otherwise agreed by the parties and with the consent of the arbitral tribunal or otherwise decided by the arbitral tribunal.
If a party or its representative s or witness es requires interpretation at an oral hearing, an interpreter may be provided either by the Arbitration Court or by the party. CIETAC may decide to join the additional party unless that party is prima facie not bound abritration the arbitration agreement invoked in the arbitration, or other circumstances exist that make joinder arbitragion.
Where a arbitratiln is to be decided on the basis of documents only, such an objection shall be raised before the submission of the first substantive defense. The ability to join additional parties is necessary to meet the needs of increasingly complicated commercial activities mostly multi-party transactionsto enhance the efficiency of arbitration, and to reduce arbitration costs.
The new CIETAC Arbitration Rules : Clyde & Co (en)
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. Article 25 Number of Arbitrators. If no time period is specified in the award, the parties shall perform the award immediately. From 50, toThe written record shall be signed or sealed by the arbitrator sthe recorder, the parties, and any other participant in the arbitration.
The Arbitration Court shall notify the parties of the above circumstances. Don’t have an account?
In such a case, if the Respondent has filed a counterclaim, the Respondent may be deemed to have withdrawn its counterclaim. Where the parties have reached a settlement agreement by themselves through negotiation or conciliation before the commencement of an arbitration, either party may, based on an arbitration agreement concluded between them that provides 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.
To some extent, the consolidation is a procedural relief rulea those parties who fail to initiate multiple-contract arbitration at the very beginning.
Article 63 Change of Procedure.
A case may be dismissed if the claim and counterclaim have been withdrawn in their entirety. Article 40 Record of Oral Hearing. Tianjin Economic-Technological Development Zone. Where the parties have agreed to refer their dispute to CIETAC for arbitration, they shall be deemed to have agreed to arbitration in accordance with these Rules. CIETAC has added a new provision in Article 40 of the Arbitration Rules, under which a party can apply to the Arbitration Court to engage a stenographer to transcribe the oral hearing.
Some changes were made to meet the developing needs of international commercial arbitration practices, such as multiple-contract arbitration Article 14joinder of additional parties Article 18consolidation of arbitrations Article 19emergency arbitrator procedures Article 23and so on.
Please enable scripts and reload this page. Where the Request for Joinder is filed after the formation of the arbitral tribunal, a decision shall be made by CIETAC after the arbitral tribunal hears from all parties including the additional party if the arbitral tribunal considers the joinder necessary.
A party having justified reasons may request a postponement of the oral hearing.
Where the joinder takes place after the formation of the arbitral arbitratiom, the arbitral tribunal shall hear from the additional party of its comments on the past arbitral proceedings including the formation of the arbitral tribunal.
Either party may commence arbitration arising out of different PO transactions. FromtoConsolidation, multiple contracts and joinder The Rules permitted the consolidation of parallel arbitral proceedings article From 40, to 80, This article is also available for rental through Ruels. Evidence collected by the arbitral tribunal through its investigation shall be forwarded to the parties for their comments.
The challenge by one party shall be promptly communicated to the other party, the arbitrator being challenged and the other members of cirtac arbitral tribunal. Arbitration participants shall proceed citac the arbitration in good faith. From 1, to 50, The validity of an arbitration clause or an arbitration agreement shall not be affected by any modification, cancellation, termination, transfer, expiry, invalidity, ineffectiveness, rescission or non-existence of the contract.
The arbitral tribunal shall make a written record of the oral hearing. Article 48 Time Period for Rendering Award. Unless otherwise agreed by the parties, the arbitral tribunal may, if it considers it necessary, issue procedural orders or question lists, produce terms of reference, or hold pre-hearing conferences, etc. The hourly rate for each co-arbitrator shall be the rate agreed upon by that co-arbitrator and the nominating party.
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