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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The cases referred to in the preceding paragraph include: It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Since the parties neither jointly appointed nor authorized the Chairman to appoint the Presiding Arbitrator within the period provided by the Arbitration Rules, according to Article 24 of the Arbitration Rules, the Chairman appointed Ms. Where a party becomes aware of a reason for a challenge after such receipt, the party may challenge the arbitrator in writing within fifteen 15 days after such reason has become known to it, but no later than the conclusion of the last oral hearing.

If the foreign trade company is recognized as a commission agent, it shall have the relevant rights and bear obligations under the import contract.

Unless the arbitral award is made in accordance with the opinion of the presiding arbitrator or the sole arbitrator and signed by the same, the arbitral award shall be signed by a citac of the arbitrators. For cases heard in camera, the parties and their representatives, the arbitrators, the witnesses, the interpreters, the experts consulted by the arbitral tribunal, the appraisers appointed by the arbitral tribunal and other relevant persons shall not disclose to any outsider any substantive or procedural matters relating to the case.

A party applying for arbitration under these Rules shall: Upon a reasoned request of a party, the emergency arbitrator or the arbitral tribunal to be cieyac may modify, suspend or terminate the decision. 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, electronic data interchange, or email.

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London Court of International Arbitration members Sign in via society site. The Summary Procedure shall apply to any case where the amount in dispute does not exceed RMB 5, unless otherwise agreed by the parties; or where the amount in dispute exceeds RMB 5,, yet one party applies for arbitration under the Summary Procedure and the other party agrees in writing; or where both parties have agreed to apply the Summary Procedure.

Where the arbitral tribunal is composed of a sole arbitrator, the number of copies submitted may be reduced by two. Article 79 Arbitration Fees. The [Buyer] should pay the interest on the outstanding contact price from 1 October to the date when the payment is made; the interest rate shall be 0. 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.

From 2, to 5, They are Contracts No. The arbitral tribunal may examine the case in the manner it considers appropriate. 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 arbitrwtion has made a decision. If a party experiences difficulties in producing evidence within the specified time period, it may apply for an extension cierac the end of the period.

New CIETAC Arbitration Rules | Arbitration International | Oxford Academic

The arbitral tribunal has the power to request the parties, and the parties are also obliged, to deliver or produce to the expert or appraiser any relevant materials, documents, property, or physical objects for examination, inspection or appraisal by the expert or appraiser. Where a party becomes aware of a reason for a challenge after such receipt, the party may challenge the emergency arbotration in writing within two 2 days after such reason has become known, but no later than the formation of the arbitral tribunal.

These four freezer units were loaded for delivery on 22 June dietac, and were delivered on 30 September The arbitral award shall be deemed as having been made at the place of arbitration. Article 71 Time Period for Rendering Award.

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A party requiring emergency relief fules apply for the Emergency Arbitrator Procedures based upon the applicable law or the agreement of the parties. Article 27 Three-Arbitrator Tribunal.

CIETAC arbitration toolkit

The Contracts stipulate the same payment terms, i. Article 55 Performance of Award. In such a case, a Power of Attorney shall be forwarded to the Arbitration Court by the party or its authorized representative s. Articles 4 ; 53 ; 54 ; 58 ]. 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 After all such fees and expenses have been paid in full jointly or by one of the parties, the CIETAC Hong Kong Arbitration Center shall release such award to the parties according to the decision of the arbitral tribunal.

However, the [Buyer] neither made the payment on or arbitratioon the expiration date nor paid thereafter. Interest on the unpaid contract price and the attorneys’ fee. This fee schedule applies to arbitration cases accepted under Item cieatcParagraph 2 of Article 3 of the Arbitration Rules. Where either the Claimant side or the Respondent side fails to jointly nominate or jointly entrust the Chairman of CIETAC to appoint one arbitrator within fifteen 15 days from the date of its receipt of the Notice of Arbitration, the Chairman of CIETAC shall appoint all three members of the arbitral tribunal and designate one of them to act as the presiding arbitrator.

Article 10 Waiver of Right to Object. The arbitral tribunal shall state in the award the claims, the facts of the dispute, the reasons on which the award is based, the result of the award, the allocation of the arbitration costs, and the date aarbitration which and the place at which the award is made.