A flowchart showing all the stages of a China International Economic and Trade Commission (CIETAC) arbitration, based on the CIETAC Arbitration Rules CIETAC Arbitration Rules · CIETAC Arbitration Rules · CIETAC Arbitration Rules (These rules entered into force on 1 January ). The Arbitration Rules of the Arbitration Commission [hereafter, the “Arbitration Rules”], which took effect on 1 May, , apply to this case.
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Where the parties have agreed on the application of other arbitration rules, CIETAC shall perform the relevant administrative duties. Article 5 Place of discharge: After the consolidation of arbitrations, the conduct of the arbitral proceedings shall be decided by the Arbitration Court if the arbitral tribunal is not formed, or shall be decided by the arbitral tribunal if it has been formed.
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. Within thirty 30 days from cietca receipt of the arbitral award, either party may request the arbitral tribunal in writing for a correction of any clerical, typographical or calculation errors, or any errors of a similar nature contained in the award.
According to article 10 of the Law of the People’s Republic of China on Economic Contracts Involving Foreign Interest, which is claimed by the [Buyer] to rule, contracts that are concluded by means of fraud or duress shall be void. Unless otherwise agreed 20005 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 Hong Kong award.
The power of the emergency arbitrator cletac the emergency arbitrator proceedings shall cease on the date of the formation of the arbitral tribunal. VI [Seller]’s right to payment from the [Buyer] rulss the remaining amount.
CIETAC arbitration ( Rules): flowchart | Practical Law
The preconditions to revoke a contract are that it has not been performed or fully performed, and the right to revoke a contract should be grounded on law or the contractual stipulations. From 1, to 50, From 2, to 5, A party having justifiable doubts as to the impartiality or independence of an arbitrator may challenge that arbitrator in writing and shall state the facts and reasons on which the challenge is based with supporting evidence.
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.
Arbitration participants shall proceed with the arbitration in good faith. Article 53 Correction of Award.
CIETAC Arbitration Rules
Rklesthe [Buyer] is a high-tech company, registered in a central city of Southwest China, which had been operating for gules than three years when the [Buyer] signed the contract with the [Seller]. The Summary Procedure shall not be affected by any amendment to the claim or by the filing of a counterclaim. Article 68 Defense and Counterclaim. At the request of a party, the Arbitration Court may, having regard to the specific circumstances of the arbitration, decide to engage cjetac stenographer to make a stenographic record of an oral hearing, the cost of which shall be advanced by the parties.
A party which has justifiable doubts as to the impartiality or independence of the appointed emergency arbitrator may challenge that emergency arbitrator in writing and shall state the facts and reasons on which the challenge is based with supporting evidence.
CIETAC Current Arbitration Rules-China International Economic and Trade Arbitration Commission
In accordance with the provisions of the Contract Law of the People’s Republic of China, the [Seller] asked the Arbitral Tribunal to support all of the counterclaims of the [Seller]. The arbitral award is final and binding upon both parties. Where the parties agree to refer their dispute to arbitration under these Rules without providing the name of the arbitration institution, they shall be deemed to have agreed to refer the dispute to arbitration by CIETAC.
The Claimant may apply to amend its claim and the Respondent may apply to amend its counterclaim. If a party fails to file a challenge within the above time period, it may not subsequently challenge the emergency arbitrator on the basis of the matters disclosed by the emergency arbitrator.
The emergency arbitrator proceedings shall not affect the right of the parties to seek interim measures from a competent court pursuant to the applicable law. Where both parties request an open hearing, the arbitral tribunal shall make a decision.
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 writing. The arbitral tribunal shall be composed of one or three arbitrators.
The arbitral tribunal shall be formed in accordance with the provisions of Articles 25, 26, 27, 28, 29 and 30 of these Rules. These two opinions have been sent to the [Buyer]. From 80, to , The explosion itself proved that the furnace had severe quality problems.
Thereafter, on that same day, the [Buyer], which was entrusted by AAA, executed the Contract with the [Seller] that is the subject of this case. All arbitration documents 22005 the parties shall be submitted to the Arbitration Court. The Application for the Emergency Arbitrator Procedures shall include the following information: From , to 1,, Article 12 Application for Arbitration.
CISG CASE PRESENTATION
Where the ceitac required for filing a counterclaim are found to be complete, the Arbitration Court shall send a Notice of Acceptance of Counterclaim to the parties. Before the furnace started running, the [Seller] bore the duty to inspect whether the quality of the system and natural gas had been reached.
Therefore, the [Seller] should bear the burden of proof with respect to cause of the explosion. The Contract stipulated that the warranty period was eighteen 18 months after cietc furnace arrived at the port of destination or twelve 12 months after each party’s representative signed an acceptance certificate. The main claim of the [Buyer] is to reduce the price of the goods. An arbitrator who has been challenged shall continue to serve tules the arbitral tribunal until a final decision on the challenge has been made by the Chairman of CIETAC.
Unless otherwise agreed by the parties, the emergency arbitrator shall not accept nomination or appointment to act as a member of the arbitral tribunal in vietac arbitration relating to the underlying dispute. After signing the Contract, the [Buyer] paid the contract price as stipulated in the Contract. The Secretariat received the [Seller]’s written opinion of the [Buyer]’s request for examination, respectively, on 14 January and 27 Cetac In addition, Article of the General Rules of Civil Law provides, “as to matters not addressed by either the Chinese law or the conventions which China signed, international customs may be referred to.