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 key changes brought about in the Rules can broadly be divided into three categories:. The arbitration agreement invoked to join the additional party, together with the facts and reasons arbktration joinder, must be set out in the Request. CIETAC may decide to join the additional party unless that party is prima facie not bound by the arbitration agreement invoked in the arbitration, or other circumstances exist that make joinder inappropriate.
The party to be joined to the proceedings has a right to raise a jurisdictional objection to the arbitral tribunal. In the event that the party is joined before the constitution of the arbitral tribunal, it is entitled to participate in the arbitrator nomination process. Even if the Tribunal is already established, the newly-joined party may request the re-nomination of the arbitrators.
Unless the parties agree otherwise, the proceedings must be consolidated into the arbitration commenced rulea in time. Examples of circumstances in which multiple arbitrations might be suitable for consolidation under the Rules include:.
Either party may commence arbitration arising out of different PO transactions. CIETAC may consolidate arbitrations upon the request of a party, provided that the arbitrations are commenced in terms of the same arbitration clause.
quick read of the CIETAC arbitration rules | Arbitration International | Oxford Academic
Disputes arising from the three charterparties between the same parties are referred to multiple arbitration proceedings. These proceedings may be consolidated, so long as the arbitration clause in each charterparty is arbiration or at least compatible. Under the PRC Civil Procedural Code, it is the courts that are empowered to grant interim measures, including property or evidence preservation orders or injunctions. Although parties in arbitration proceedings can apply for interim measures, their application will be forwarded by an arbitration institution to a court of competent jurisdiction.
In this regard, however, the cirtac arbitrator procedures under the Rules appear to have developed faster than reform in Chinese national arbitration law.
Nevertheless, it is meaningful to incorporate the emergency arbitrator rules by CIETAC, as such a decision should be available in arbitrations arbitratoin by its Hong Kong Arbitration Centre, and may be enforced by courts in a pro-arbitration jurisdiction such as Hong Kong or Singapore according to local laws. The extent of the amendments to other rules is more minor in nature but it is expected the changes will lead to more efficient arbitration proceedings. That the arbitral tribunal shall have arbotration power to determine the existence and availability of the arbitration cietxc and its jurisdiction over the arbitration case demonstrates that CIETAC recognises the differences between arbitrations seated on the Mainland and in Hong Kong.
In Mainland China, arbitration fees are generally charged on an ad valorem basis, though special fees may be given to arbitrators who adjudicate disputes on the Mainland, provided that the Arbitration Court has consulted with relevant arbitrators and parties and give such fees in light of the Schedule of Fees III under Appendix 2.
In the Hong Kong Arbitration Centre, arbitration fees can be charged in terms of the Schedule IIIunder which the minimum and maximum arbitrator fees are set forth, and special fees may be given to exceed the upper limit set forth therein.
In the event that parties agree in arbitratipn to pay arbitrator fees on an hourly rate basis, such agreement shall be respected. Our lawyers were ranked in Band 1 and 2 in categories across all Legal Directories, the highest of the global elite group of international law firms.
Turn off more accessible mode. Skip to main content. About us Corporate responsibility Alumni Contact us Online services. North America United States. News View latest news, deals and cases. Press room Visit press room Press contacts. Africa Morocco South Africa. This process culminated in the adoption of its cjetac Arbitration Rules, which entered into force on 1 January the Rules. 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 appointed emergency arbitrator will give a declaration to the Arbitration Court. Any party may challenge the emergency arbitrator on the basis that there are grounds to believe he lacks independence or impartiality within 2 days of i receipt of the declaration, ii notification of case acceptance, or iii becoming aware of any circumstances, based arbitragion which, such a challenge is justified. If no challenge is made, or such a challenge is unsuccessful, the emergency arbitrator shall provide a procedural timetable within 2 days, and render a decision within 15 days of his appointment.
The emergency arbitrator may ask the applicant to provide security. Client alerts Already signed up for Client alerts?
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