China International Economic and Trade Arbitration Commission
CIETAC
Arbitration Rules
(Subject to final approval by CCPIT/CCOIC)
junior是什么意思(Revid and adopted by the China Council for the Promotion of International Trade/China Chamber of International Commerce on [date], 2011. Effective as of March 1, 2012.)
Chapter I General Provisions
Article 1 The Arbitration Commission
rerveage1.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 Arbitration of the China Chamber of International Commerce”.
2.Where an arbitration agreement provides for arbitration by the China Council for
the Promotion of International 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 functions in
puppy love什么意思accordance with the Rules under the direction of the Secretary-General.
3.CIETAC is bad in Beijing. The sub-commissions, centers and liaison offices t
up by CIETAC are its branches.
4.The sub-commissions and centers have their respective cretariats, which handle
the day-to-day work and perform the functions of the Secretariat of CIETAC in accordance with the Rules in cas accepted and administered by them under the
direction of the cretary-general of the respective sub-commission or center.
5.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 and administer the ca. Where the parties have agreed to arbitration by a sub-commission/center, the cretariat of the sub-commission/center shall accept and administer the ca.
Where the parties have agreed to arbitration by CIETAC in a city where a sub-commission/center is located, the cretariat of the sub-commission/center shall accept 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 and administer the ca. In the event of any dispute, a decision shall be made by CIETAC.
6.Where a ca is administered by the cretariat of a sub-commission/center, the
functions and duties performed by 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.
7.The liaison offices may perform the relevant functions in accordance with the
written authorization from CIETAC.
Article 3 Jurisdiction
CIETAC accepts cas involving the following contractual or non-contractual disputes, bad on an agreement of the parties:
1.International or foreign-related disputes;
2.Disputes related to the Hong Kong Special Administrative Region, the Macao
Special Administrative Region and the Taiwan region; and
3.Domestic disputes.
armyArticle 4 Scope of Application
1.The Rules uniformly apply to CIETAC and its sub-commissions and centers.
2.The parties shall be deemed to have agreed to arbitration in accordance with the
ui设计哪个培训机构Rules if they have provided for arbitration by CIETAC.
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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 is applicable 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 an arbitration institution, they shall be deemed to have agreed to refer the dispute to arbitration by CIETAC.
5.Where the parties agree to refer 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.CIETAC shall, upon the written application of a party, accept a ca in accordance
with an arbitration agreement concluded between the parties, either before or after the occurrence of the dispute, in which it is provided that disputes are to be referred to arbitration by CIETAC.
2.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.
英文信件结尾3.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, f
ax, 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.
4.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.
5.An arbitration clau contained in a contract shall be treated as a clau
hinterlandindependent 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.
Article 6 Objection to Arbitration Agreement and/or Jurisdiction
1.CIETAC shall have the power to determine the existence and validity of an
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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
clamp翻译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 s
ubmission of the first substantive 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.
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 the CIETAC or its sub-commission/center which accepts and administers the ca. CIETAC may also determine the place of arbitration to be another location, having regard to the circumstances of the ca.
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 CIETAC or the arbitral tribunal.
2.The aforesaid arbitration documents 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 the address, the arbitration documents shall be nt to such party’s address 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 delivered at the addre’s place of business, registration, domicile, habitual residence or mailing address; otherwi, where, after reasonable inquiries by the other party, none of the aforesaid address can be found, the arbitration correspondence shall be nt by the Secretariat of CIETAC or its sub-commissions/centers to the addre’s last known place of business, registration, domicile, habitual residence or mailing address by registered or express mail, or by any other means that can provide a record of the attempt at delivery.
4.The periods of time specified in the Rules shall begin on the day following the
day when the party receives or should have received the arbitration correspondence, notices or writt
en materials nt by the Secretariat of CIETAC or its sub-commissions/centers in the aforesaid manners.
Article 9 Bona Fide Cooperation
The parties shall proceed with the arbitration in bona fide cooperation.
Article 10 Waiver of Right to Object
A party shall be deemed to have waived its right to object where it knows or should have known that any provision of, or requirement under, the Rules has not been complied with and yet participates in or proceeds with the arbitration proceedings without promptly and explicitly submitting its objection in writing to such non-compliance.
Chapter II Arbitration Proceedings
