CIETAC ARBITRATION RULES 2005 PDF

China 2 September CIETAC Arbitration proceeding (Freezing units The Arbitration Rules of the Arbitration Commission [hereinafter, the. China 21 February CIETAC Arbitration proceeding (Equipment case) The Arbitration Rules of the Arbitration Commission [hereafter, the. Arbitration International, Volume 21, Issue 3, 1 September , Pages The revised CIETAC Arbitration Rules (the ‘New Rules’), which came.

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Unless otherwise agreed by the parties, the arbitral tribunal may adopt an inquisitorial or adversarial approach in hearing the case having regard to the circumstances of the case.

Article 7 Costs of the Emergency Arbitrator Proceedings. Meanwhile, according 2005 Article 9 of CISG, the usual practice formed during the parties’ long-term business relationship shall be followed. However, abitration neither case shall it be implied that the reasons for the challenge are sustained.

Article 26 Nomination or Appointment of Arbitrator. Where the parties have agreed on the language of arbitration, such language shall be the language of the Emergency Arbitrator Procedures.

Thereafter, on 29 Augustthe [Buyer] contacted the [Seller] in the hope that the [Seller] could ciietac the payment term of payment within 90 days atbitration delivery of documents instead of payment within 60 days of delivery of documents as formerly accepted. SJ revised as No. On 6 Septemberthe 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.

On 4 Junethe [Seller] notified the [Buyer] that one of the freezer units was damaged, caused by an accident, and therefore, the units under the Contract could not be rulez for delivery before the deadline stipulated in the Contract.

CIETAC arbitration toolkit

The arbitral tribunal shall independently and impartially render a fair and reasonable arbitral award based on the facts of the case and the terms of the contract, in accordance with the law, and with reference to international practices. The sales contractual relationship between the [Seller] and the [Buyer] can be proved by the Evidence 1 of the Contract and arnitration Evidence 21 of the [Buyer]’s Responding Letter.

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The emergency arbitrator may decide to order or award necessary or appropriate emergency measures. Where the arbitral tribunal has not yet been formed, the decision shall be made by the President of the Arbitration Court.

All arbitration documents to be exchanged during the arbitral proceedings shall be exchanged among the 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. Where the arbitral tribunal considers it necessary, or where a party so requests and the arbitral tribunal agrees, the arbitral tribunal may first render a partial award on any part of the claim before rendering the final award.

CIETAC Arbitration Rules | Practical Law

The arbitral tribunal shall decide whether or not to extend the time period. When filing the counterclaim, the Respondent shall specify the rabitration in its Statement of Counterclaim and state the facts and grounds on which the counterclaim is based with the relevant documentary and other evidence attached thereto.

You do not currently have access to this article. Where the law applicable to an arbitration agreement has different provisions as to the form and validity of the arbitration agreement, those provisions shall prevail. Effective as of January 1, According to the Contracts, the [Buyer] is not obligated to make payment to the [Seller] when one condition is not satisfied. In the event that the Respondent withdraws its counterclaim in its entirety, the arbitral tribunal may proceed with the examination of the claim arbitratioj render an arbitral award thereon.

They are Contracts No. However, the arbitral tribunal may examine the case on 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 cases referred to in the preceding paragraph include: After the replacement of an arbitrator, the arbitral tribunal shall decide whether and to what extent the previous proceedings in the case shall be repeated. The aforementioned three arbitrators formed the Arbitration Tribunal on 9 October Article 40 Record of Oral Hearing.

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Within twenty 20 days from the date of its receipt of the Notice of Arbitration, the Respondent shall submit its Statement of Defense, evidence and other supporting documents. With respect to the relationship between Contract No. Chapter IV Summary Procedure.

Article 78 Seal on Award.

New CIETAC Arbitration Rules | Arbitration International | Oxford Academic

The [Seller] has the right to sell the equipment directly to the [Buyer]. And since both parties cited the Chinese laws to support cierac allegations, therefore, Chinese laws shall apply to other issues of this case.

The issue is whether the [Buyer] breached the duty to make payment under the Contracts after receiving the goods. Arbitraation [Seller]’s claim lacks any basis. Both the [Seller] and the designated bank made numerous demands that the [Buyer] should pay the remaining price, but the [Buyer] did not respond.

The parties did not stipulate either applicable substantive law or procedural law. If a party has justified reasons for failure to submit a request for a postponement of the oral hearing in accordance with the preceding Paragraph 1, the arbitral tribunal shall decide whether to accept such a request. Article 61 Notice of Oral Hearing. Article 9 Good Faith. Where the arbitral tribunal is composed of one arbitrator, the sole arbitrator shall be nominated pursuant to the procedures stipulated in Paragraphs 2, 3 and 4 of Article 27 of these Rules.

A guide to the CIETAC Arbitration Rules (2005)

The arbitral tribunal may examine the case in the manner it considers appropriate. The relevant documentary and other evidence on which the request is based shall be attached to the Request for Joinder.

The arbitral tribunal has the power to decide whether to accept a counterclaim or a Statement of Arbitratiin submitted after the atbitration of the above time period. Where the arbitral tribunal has not yet been formed, the decision on whether to grant the extension of the time period shall be made by the Arbitration Court. Sign In Forgot password?