China International Economic and Trade Arbitration Commission
CIETAC
Arbitration Rules小情歌歌词
(Revid and adopted by the China Council for the Promotion of International Trade/China Chamber of International Commerce on February 3, 2012. Effective as of May 1, 2012.)
Chapter I General Provisions
Article 1 The Arbitration Commission
血小板高的原因1. The China International Economic and Trade Arbitration Commission (hereinafter referred to as “CIETAC”), originally named the Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade and later renamed the Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade, concurrently us as its name the “Court of Arb itration of the China Chamber of International Commerce”.
2. Where an arbitration agreement provides for arbitration by the China Council for the Promotion of Int
ernational Trade/China Chamber of International Commerce, or by the Arbitration Commission or the Court of Arbitration of the China Council for the Promotion of International Trade/China Chamber of International Commerce, or refers to CIETAC’s previous names, it shall be deemed that the parties have agreed to arbitration by CIETAC.
Article 2 The Structure and Duties
1. The Chairman of CIETAC shall perform the functions and duties vested in him/her by the Rules while a Vice Chairman may perform the Chairman’s functions and duties with the Chairman’s authorization.
2. CIETAC has a Secretariat, which handles its day-to-day work and performs the functions in accordance with the Rules under the direction of the Secretary General.
3. CIETAC is bad in Beijing. It has sub-commissions or centers in Shenzhen, Shanghai, Tianjin and Chongqing. The sub-commissions/centers are广告论文
鲫鱼功效CIETAC’s branches, which accept arbitration applications and administer arbitration cas with CIETAC’s authorization.
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4. A sub-commission/center has a cretariat, which handles the day-to-day work of the sub-commission/center and performs the functions of the Secretariat of CIETAC in accordance with the Rules under the direction of the cretary general of the sub-commission/center.
5. Where a ca is administered by a sub-commission/center, the functions and duties vested in the Secretary General of CIETAC under the Rules may, by his/her authorization, be performed by the cretary general of the relevant sub-commission/center.
6. The parties may agree to submit their disputes to CIETAC or a sub-commission/center of CIETAC for arbitration. Where the parties have agreed to arbitration by CIETAC, the Secretariat of CIETAC shall accept the arbitration application and administer the ca. Where the parties have agreed to arbitration by a sub-commission/center, the cretariat of the sub-commission/center agreed upon by the parties shall accept the arbitration application and administer the ca. Where the sub-commission/center agreed upon by the parties does not exist, or where the agreement is ambiguous, the Secretariat of CIETAC shall accept the arbitration application and administer the ca. In the event of any dispute, a decision shall be made by CIETAC.
7. CIETAC ts up liaison offices in cities and industries where appropriate. The liaison offices are b
ranches of CIETAC, and may perform the relevant functions in accordance with the written authorization of CIETAC.
Article 3 Jurisdiction
1. CIETAC accepts cas involving economic, trade and other disputes of a contractual or non-contractual nature, bad on an agreement of the parties.
2. The cas referred to in the preceding paragraph include:
(a) international or foreign-related disputes;
(b) disputes related to the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan region; and
(c) domestic disputes.
Article 4 Scope of Application
1. The Rules uniformly apply to CIETAC and its sub-commissions/centers.
2. The parties shall be deemed to have agreed to arbitration in accordance with the Rules if they have agreed to arbitration by CIETAC.
3. Where the parties agree to refer their dispute to CIETAC for arbitration but have agreed on a modification of the Rules or have agreed on the application of other arbitration rules, the parties’ agreement shall prevail unless such agreement is inoperative or in conflict with a mandatory provision of the law as it applies to the arbitration proceedings. Where the parties have agreed on the application of other arbitration rules, CIETAC shall perform the relevant administrative duties.
4. Where the parties agree to refer their dispute to arbitration under the Rules without providing the name of the arbitration institution, they shall be deemed to have agreed to refer the dispute to arbitration by CIETAC.
5. Where the parties agree to ref er their disputes to arbitration under CIETAC’s customized arbitration rules for a specific trade or profession, the parties’ agreement shall prevail. However, if the dispute falls outside the scope of the specific rules, the Rules shall apply.
Article 5 Arbitration Agreement
1. An arbitration agreement means an arbitration clau in a contract or any other form of a written agreement concluded between the parties providing for the ttlement of disputes by arbitration.
2. The arbitration agreement shall be in writing. An arbitration agreement is in writing if it is contained in the tangible form of a document such as a contract, letter, telegram, telex, fax, EDI, or email. An arbitration agreement shall be deemed to exist where its existence is asrted by one party and not denied by the other during the exchange of the Request for Arbitration and the Statement of Defen.
3. Where the law as it applies to an arbitration agreement has different provisions as to the form and validity of the arbitration agreement, tho provisions shall prevail.
4. An arbitration clau contained in a contract shall be treated as a clau independent and parate from all other claus of the contract, and an arbitration agreement attached to a contract shall also be treated as independent and parate from all other claus of the contract. The validity of an arbitration clau or an arbitration agreement shall not be affected by any modification, cancellation, termination, transfer, expiry, invalidity, ineffectiveness, rescission or non-existence of the contract.
风采展示Article 6 Objection to Arbitration Agreement and/or Jurisdiction
1. CIETAC shall have the power to determine the existence and validity of an arbitration agreement and its jurisdiction over an arbitration ca. CIETAC may, where necessary, delegate such power to the arbitral tribunal.
2. Where CIETAC is satisfied by prima facie evidence that an arbitration agreement providing for arbitration by CIETAC exists, it may make a decision bad on such evidence that it has jurisdiction over the arbitration ca, and the arbitration shall proceed. Such a decision shall not prevent CIETAC from making a new decision on jurisdiction bad on facts and/or evidence found by the arbitral tribunal during the arbitration proceedings that are inconsistent with the prima facie evidence.
3. Where CIETAC has delegated the power to determine jurisdiction to the arbitral tribunal, the arbitral tribunal may either make a parate decision on jurisdiction during the arbitration proceedings or incorporate the decision in the final arbitral award.
4. An objection to an arbitration agreement and/or jurisdiction over an arbitration ca shall be raid in writing before the first oral hearing is held by the arbitral tribunal. Where a ca is to be decided on the basis of documents only, such an objection shall be raid before the submission of the first s
ubstantive defen.
5. The arbitration shall proceed notwithstanding an objection to the arbitration agreement and/or jurisdiction over the arbitration ca.
6. The aforesaid objections to and/or decisions on jurisdiction by CIETAC shall include objections to and/or decisions on a party’s standing to participate in the arbitration.
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7. Where CIETAC or the authorized arbitral tribunal decides that CIETAC has no jurisdiction over an arbitration ca, a decision to dismiss the ca shall be made. Where a ca is to be dismisd before the formation of the arbitral tribunal, the decision shall be made by the Secretary General of CIETAC. Where the ca is to be dismisd after the formation of the arbitral tribunal, the decision shall be made by the arbitral tribunal.
Article 7 Place of Arbitration
1. Where the parties have agreed on the place of arbitration, the parties’ agreement shall prevail.
2. Where the parties have not agreed on the place of arbitration or their agreement is ambiguous, the place of arbitration shall be the domicile of CIETAC or its sub-commission/center administering t
he ca. CIETAC may also determine the place of arbitration to be another location having regard to the circumstances of the ca.
三国演义阅读3. The arbitral award shall be deemed as having been made at the place of arbitration.
Article 8 Service of Documents and Periods of Time
1. All documents, notices and written materials in relation to the arbitration may be delivered in person or nt by registered mail or express mail, fax, or by any other means considered proper by the Secretariat of CIETAC or the arbitral tribunal.
2. The arbitration documents referred to in the preceding Paragraph 1 shall be nt to the address provided by the party itlf or by its reprentative(s), or to an address agreed by the parties. Where a party or its reprentative(s) has not provided an address or the parties have not agreed on an address, the arbitration documents shall be nt to such party’s address as provided by the other party or its reprentative(s).
3. Any arbitration correspondence to a party or its reprentative(s) shall be deemed to have been properly rved on the party if delivered to the addre or nt to the addre’s place of busine
ss, registration, domicile, habitual residence or mailing address, or where, after reasonable inquiries by the other party, none of the aforesaid address can be found, the arbitration
