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 emergency arbitrator shall not accept nomination or appointment to act as a member of the arbitral tribunal in any arbitration relating to the underlying dispute. From 10, to 50, Article 9 [Also cited: The arbitral tribunal shall render an arbitral award within four 4 months from the date on which the arbitral tribunal is formed.

Where the parties have agreed to use two or more than two languages as the languages of arbitration, or where the parties have agreed on a three-arbitrator tribunal in a case where the Summary Procedure shall apply in accordance with Article 56 of these Rules, CIETAC may charge the parties for any additional and reasonable costs. Where a party becomes aware of a reason for a challenge after such receipt, the party may challenge the emergency arbitrator in writing within two 2 days after such reason has become known, but no later than the formation of the arbitral tribunal.

Where there are multiple parties, additional copies shall be provided accordingly. The Request for Arbitration and its attachments submitted by the Claimant shall be sent to the Respondent under the same cover. Where a case is to be examined by way of an oral hearing, the parties shall be notified of the date of the first oral hearing at least twenty 20 days in advance of the oral hearing. After the Contracts were signed, the [Seller] fully performed its duties, which shows that the [Seller] confirmed the validity of the Contracts.

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The [Buyer] had tried its best to resolve the disputes among all the parties. According to the Contracts, the [Buyer]’s duty of payment is “Payment shall be effected by Telegraphic transfer to the Seller within seven working days after receipt from the end user of the equivalent RMB amount and from the Seller of the shipping documents specified in Clause 10 hereof.

After reviewing the [Seller]’s evidence, the [Buyer] found that the contracting party in Contracts No.

The [Seller] appointed Mr. Evidence 5 proves that the [Buyer] agreed on delivery by installments; Evidence 8 proves that the first installment had been delivered; Evidence 13 and Evidence 14 prove that the second installment was delivered; arbitrayion Evidence 21 of the [Buyer]’s responding letter also proves the delivery of the goods. Article 29 Multiple-Party Tribunal. The above written correction shall form a part of the arbitral award and shall rulez subject to the provisions in Paragraphs 4 to 9 of Article 49 of these Rules.

A party which has justifiable doubts as to the impartiality or independence of the appointed emergency arbitrator may challenge that emergency arbitrattion in writing and shall state the facts and reasons on which the challenge is based with supporting evidence.

In this case, if the end user is that alleged by the [Seller], the [Buyer] would face severe hardship to make payment to the [Seller]. The emergency arbitrator shall determine in its decision in what proportion the costs of the emergency arbitrator proceedings shall be borne by the parties, subject to the power of the arbitral tribunal to finally determine the allocation of such costs at the request of a party. Upon receipt of a Request for Arbitration, where after examination, the Arbitration Court finds the Request not to be in conformity with the formality requirements specified in Article 12 of these Rules, it may request the Claimant to comply with the requirements within a specified time period.

CIETAC Arbitration Rules | Practical Law

A party requiring emergency relief may apply for the Emergency Arbitrator Procedures based upon the applicable law or the agreement of the parties.

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As to the issue of who is the end user, the parties held different opinions. From 80, to , At the court session, both parties presented the facts and statements, cross-examined the evidence, and answered the Arbitration Tribunal’s questions.

Article 34 Continuation of Arbitration by Majority. Regarding this unit, the [Buyer] had not raised any material objection.

The issue is whether the [Buyer] breached the duty to make payment under the Contracts after receiving the goods. Accordingly, the [Buyer] alleged that its duty to make the payment under the Contracts was exempted. The arbitral tribunal shall examine the case in any way it deems appropriate unless otherwise agreed arbitratlon the parties. The decision of the emergency arbitrator shall be binding upon both parties.

Both the [Seller] and the designated bank made numerous demands that the [Buyer] should pay the remaining price, but the [Buyer] did not respond.

CIETAC Arbitration Rules

The hourly rate for each co-arbitrator shall be the rate agreed upon by that co-arbitrator and the nominating arbitrationn. The Arbitration Rules of the Arbitration Commission [hereafter, the “Arbitration Rules”],which took effect on 1 Octoberapply to this case. Where one party fails to perform the award, the other party may apply to a competent court for enforcement of the award in accordance with the law. An arbitration agreement shall be deemed to exist where its existence is asserted by one party and not denied by the other during the exchange of the Request for Arbitration and the Statement of Defense.