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.
||2 March 2017
|PDF File Size:
|ePub File Size:
||Free* [*Free Regsitration Required]
CIETAC Current Arbitration Rules-China International Economic and Trade Arbitration Commission
Failure of either party to perform a partial award shall neither affect the arbitral proceedings nor prevent the arbitral tribunal from making the final award. 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.
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. Articles 53 ; 59 ; 62 ciwtac When submitting the Request for Arbitration, the Statement of Defense, the Statement of Counterclaim, evidence, and other arbitration documents, the parties shall make their submissions in quintuplicate.
A guide to the CIETAC Arbitration Rules (2005)
References in the text to article numbers are references to the New Rules, unless otherwise noted. The Arbitration Court may fix the amount of the costs of the emergency arbitrator proceedings refundable to the Applicant if such proceedings terminate before the emergency arbitrator has made a decision. However, the [Buyer] delayed the payment for the first installment of the goods, and did not pay for the second installment at all.
The disclosure and challenge proceedings shall apply equally to the reappointed emergency arbitrator.
CISG CASE PRESENTATION
If such an omission does exist, the arbitral tribunal shall make an additional award cietav thirty 30 days of its receipt of the written request. Where the parties have failed to jointly nominate the presiding arbitrator according to the above provisions, the presiding arbitrator shall be appointed by the Chairman of CIETAC.
The [Seller]’s claim should not be sustained. Where a case is to be dismissed prior to the formation of the arbitral tribunal, the President of the Arbitration Court shall make a decision on the dismissal. In the absence of such agreement, the language of the Procedures shall be determined by the Arbitration Court.
During the process of conciliation, the arbitral tribunal shall terminate the conciliation proceedings if either party so requests or if the arbitral tribunal considers that further conciliation efforts will be futile. The price for each unit included the relevant service fee. Article 9 Good Faith.
Yes [Article 1 1 a ]. The [Seller] appointed attorneys to attend the hearing, while the [Buyer] did not appoint any representatives to attend the hearing.
The [Buyer] did not raise any objection as to the [Seller]’s performance including the quantity, quality, time of delivery, etc. After signing the Contract, the [Seller] delivered the goods to abitration [Buyer] in two installments. 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.
Article 36 Place of Oral Hearing. The President of the Arbitration Court shall make a final decision on the challenge of the emergency arbitrator. Upon a reasoned request of a cjetac, the emergency arbitrator or the arbitral tribunal to be formed may modify, suspend or terminate the decision. If the foreign trade company is recognized as a commission agent, it shall have the relevant rights and bear obligations under the import contract.
From 10, to 20, 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. The Secretariat also sent to the [Buyer] the supplementary documents submitted by the [Seller], and invited the [Buyer] to submit an opinion or objection to these supplementary materials before 13 May Article 77 Interim Measures and Emergency Relief.
This dispute is now settled. If circumstances that need to be disclosed arise during the arbitral proceedings, the arbitrator shall promptly disclose rulse circumstances in writing.
The Contract number was SJI The Claimant shall submit its Statement of Defense in writing within thirty 30 days from the arbitrationn of its receipt of the Notice. Article 12 Application for Arbitration. SJI on 31 May ; thereafter, the parties used the revised number in all documents and correspondence cjetac to this case.
The arbitral tribunal shall make a written record of the oral hearing. Where a case is examined by way of an oral hearing, the evidence shall be produced at the oral hearing and may be examined by the parties.
The [Seller] requested the Arbitration Tribunal to rule that the [Buyer] shall pay interest on the unpaid contract price. London Court of International Arbitration members Sign in via society site. From 2, to 5, The Arbitration Rules of the Arbitration Arbitratikn [hereafter, the “Arbitration Rules”],which took effect on 1 Octoberapply to this case.