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.
|Published (Last):||1 April 2008|
|PDF File Size:||1.19 Mb|
|ePub File Size:||2.79 Mb|
|Price:||Free* [*Free Regsitration Required]|
Article 64 Context Reference. 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.
The new CIETAC Arbitration Rules : Clyde & Co (en)
If a party fails to file a challenge within the above time period, it may not subsequently challenge the arbitrator on the basis of the matters disclosed by the arbitrator. Arbitrayion party having justified reason may request a postponement of the oral hearing. Article 34 Continuation of Arbitration by Majority. Article 28 Sole-Arbitrator Tribunal. In recent years, many international arbitration institutions have introduced emergency arbitrator procedures.
The Claimant may initiate a single arbitration concerning disputes arising out of or in connection with multiple contracts, provided that: The Rules introduce specific provisions dealing with arbitrations conducted through this entity.
All arbitration documents to be exchanged during the arbitral proceedings shall be exchanged among cietc arbitral tribunal and the parties by the Arbitration Court unless 205 agreed by the parties and with the consent of the arbitral tribunal or otherwise decided by the arbitral tribunal.
Article 80 Context Reference. Twitter Facebook Linked In Email this page. A written dissenting opinion shall be kept with the file and may be appended to the award.
However, the party shall communicate such request in writing to the arbitral tribunal within five 5 days of its receipt of arbitratkon notice of the oral hearing. Additional means of service not limited to service by public wrbitration, entrustment or retention are now included in the New Rules.
Written Application for Ar The New Rules aim to reflect the Hong Kong emergency arbitrator legal provisions, whereby an order of an emergency arbitrator carries the same legal effect as a court cietc. 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.
Unless otherwise agreed by the parties, for an arbitration administered by the CIETAC Hong Kong Arbitration Center, the place of arbitration shall be Hong Kong, the law applicable to the arbitral proceedings shall be the arbitration law of Hong Kong, and the arbitral award shall be a Fietac Kong award. Article 84 Coming into Force. Article 23 Conservatory and Interim Measures. As outlined above, the Arbitration Rules have included recent developments in international arbitration practice.
In such a case, a Power of Attorney shall be forwarded to the Arbitration Court by the party or its authorized representative s. The arbitral award shall be deemed as having been made at the place of arbitration. Joinder of additional parties is allowed.
Article 3 Jurisdiction 1. Recent decisions of the Shanghai and Shenzhen courts have done little to clarify the situation.
CIETAC issued the 2015 Arbitration Rules
If a party has justified reasons to request an extension of the time period, the arbitral tribunal shall decide whether to grant such extension. Such dissenting opinion shall not form a part of the award.
Article 57 Notice of Arbitration. The Chairman of CIETAC shall make a final decision on whether or not an arbitrator should be replaced with or without stating the reasons.
CIETAC’s New Arbitration Rules 2015
Either party may commence arbitration arising out of different PO transactions. An arbitrator who has been challenged shall continue to serve rulles the arbitral tribunal until a final decision on the challenge has been made by the Chairman of CIETAC. Where a case is to be dismissed prior to the formation of the arbitral tribunal, the President of the Arbitration Court shall make a decision on the dismissal. Click here to access your portal Online services. From 1, to 50, Notably, the Hong Kong Arbitration Ordinance Cap was updated with effect from 19 July to provide aribtration the enforcement of emergency relief granted by emergency arbitrators section 22B.