CIETAC RULES 2005 PDF

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.

Author:Jubei Goshakar
Country:Ghana
Language:English (Spanish)
Genre:Science
Published (Last):3 February 2018
Pages:145
PDF File Size:3.94 Mb
ePub File Size:19.86 Mb
ISBN:771-4-55250-828-2
Downloads:88635
Price:Free* [*Free Regsitration Required]
Uploader:Goltigrel



The arbitrations submitted to Beijing are to be administered by them, though the seat and hearings will remain in Shanghai or Shenzhen unless the parties agree otherwise. Shanghai will use its newly-published arbitration rules for any cases that it handles after 1st May Shenzhen will continue using the old CIETAC rules for any cases submitted to it after 1st May until it publishes its new arbitration rules.

There is speculation that Beijing was concerned that it had been losing control over its sub-commissions and their associated revenue. The new CIETAC rules have been seen as interfering with and potentially reducing the number of new cases that the sub-commissions would be allowed to handle. They have issued various statements affirming their independence from CIETAC who have in turn issued their own statements re-affirming their control. It is not clear when the dispute might be resolved or whether the Chinese government might intervene.

As a direct result of the CIETAC dispute, arguments have already arisen between parties that have previously agreed to submit their disputes to arbitration before the Shanghai and South China sub-commissions. In practical terms, these arguments have centred on issues such as whether the arbitration clauses in those cases are valid, whether CIETAC Beijing or the sub-commissions should administer and hear the dispute, and which arbitration rules to apply. Shanghai and Shenzhen may still be selected as the seat for the arbitration.

Parties to existing arbitration agreements involving CIETAC who do not wish, or who are not in a position, to amend their arbitration agreements in this way should seek Chinese legal advice before they commence arbitration. It is also open to foreign parties, negotiating or re-negotiating arbitration agreements, to consider selecting other arbitration centres in the region, such as the Hong Kong International Arbitration Centre HKIAC.

The perception amongst foreign parties is that CIETAC rulings are of a high quality with less risk of local protectionism. Chinese counterparties may prefer CIETAC arbitration because arbitration awards are more likely to be enforceable in other countries since China is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Any comments on this article can be e-mailed to the Gard News Editorial Team. Home Articles Insight. Rate this article:.

INTERRA BATON MANUAL PDF

A guide to the CIETAC Arbitration Rules (2005)

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.

ABGX360 TUTORIAL PDF

alerts & publications

The arbitrations submitted to Beijing are to be administered by them, though the seat and hearings will remain in Shanghai or Shenzhen unless the parties agree otherwise. Shanghai will use its newly-published arbitration rules for any cases that it handles after 1st May Shenzhen will continue using the old CIETAC rules for any cases submitted to it after 1st May until it publishes its new arbitration rules. There is speculation that Beijing was concerned that it had been losing control over its sub-commissions and their associated revenue. The new CIETAC rules have been seen as interfering with and potentially reducing the number of new cases that the sub-commissions would be allowed to handle.

KEN FOLLETT ZIMA WIATA PDF

CIETAC Arbitration Rules (2005) & Arbitration Law of the People’s Republic of China (1994)

.

Related Articles