A flowchart showing all the stages of a China International Economic and Trade Commission (CIETAC) arbitration, based on the CIETAC Arbitration Rules CIETAC Arbitration Rules · CIETAC Arbitration Rules · CIETAC Arbitration Rules (These rules entered into force on 1 January ). The Arbitration Rules of the Arbitration Commission [hereafter, the “Arbitration Rules”], which took effect on 1 May, , apply to this case.
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CIETAC arbitration ( Rules): flowchart | Practical Law
At the request of a party, the Arbitration Court may, having regard to the specific circumstances of the arbitration, decide to engage a stenographer to make a stenographic record of an oral hearing, the cost of which shall be advanced by the parties. Articles 4 ; 39 ; Therefore, it should not be admitted as evidence in this case. All documents, notices and written materials in relation to the arbitration may be delivered in person or sent by registered mail or express mail, fax, or by any cieyac means considered proper by the Arbitration Court or the arbitral tribunal.
After the replacement of an arbitrator, the arbitral tribunal shall decide whether and to what extent the previous proceedings in rulse case shall be repeated. Article 13 Acceptance of a Case. To reduce the price according to the extent of the defect and damage of the goods and the loss of the [Buyer]; b.
The Claimant may apply to amend its claim and the Respondent may apply to amend its counterclaim. From 40, 20055 , Where the amount in dispute is not ascertained at the time of applying for arbitration, or where special circumstances exist, the amount of the arbitration fee deposit shall be determined by CIETAC in consideration of the specific rights and interests involved in the dispute. If the Claimant has justified reasons to request an extension of the time period, the arbitral tribunal shall decide whether to grant such an extension.
Where the parties have vietac on the place of an oral hearing, the case shall be heard at that agreed place except in the circumstances stipulated in Paragraph 3 of Article 82 of these Cierac.
CIETAC Arbitration Rules | Practical Law
Finallythere is a lack of factual and legal basis to support the [Buyer]’s claim that the contract should be modified because of fraud. Where there is no monetary claim or the amount in dispute is not clear, CIETAC shall determine whether or not to apply the Summary Procedure after full consideration of relevant factors, including but not limited to the complexity of the case and the interests involved.
See details in the agreement on the technique. The [Seller] alleged that some explosion accidents in other factories were caused by natural gas this was not verified. The headings of the articles in these Rules shall not be construed as interpretations of the contents of the provisions contained therein. Therefore, it lacked legal or factual basis for the [Buyer] to claim damages or request compensation.
CIETAC Arbitration Rules
Where CIETAC has delegated the power to determine jurisdiction to the arbitral tribunal, the arbitral tribunal may either make a separate decision on jurisdiction during the arbitral proceedings or incorporate the decision in the final arbitral award.
VI [Seller]’s right to payment from the [Buyer] of the remaining amount. Within thirty 30 days from its receipt of the arbitral award, either party may request the arbitral tribunal in writing for a correction of any clerical, typographical or calculation errors, or any errors of a similar nature contained in the award.
From , to 1,, If a party fails to nominate or appoint a substitute arbitrator accordingly, the substitute arbitrator shall be appointed by the Chairman of CIETAC. According to article 3 of the memorandum signed on 29 Septemberthe [Seller] sent two engineers to the [Buyer]’s factory, fixing, testing, inspecting and training, for ten days in all.
However, the [Seller]’s adjusting and testing record showed that the temperature of the heat transfer oil furnace waved from C to C, and could not reach the stipulated temperature. The relevant provisions in the other Chapters of these Rules shall apply to matters not covered in this Chapter. The President of the Arbitration Court shall make a final decision on the challenge of the emergency arbitrator.
Why had not the furnace exploded during the eight days’ use of the nature gas, but did explode on the ninth riles due to the natural gas? When submitting its Application, the Applicant shall attach the relevant documentary and other evidence on which the Application is based, including but not limited to the arbitration agreement and any other agreements giving rise to the underlying dispute.
CISG CASE PRESENTATION
From 80, to , The Contract signed by the [Seller] and the [Buyer] fules 17 April was revoked. Article 32 Challenge to Arbitrator. Written Application for Ar The [Buyer] neither mentioned the memorandum of 29 September in its arbitration application on 2 Julynor did [Buyer] submit a copy of the memorandum with the attached documents of the arbitration application.
Where a party has justified reasons for its failure to submit a request for a postponement of the oral hearing in accordance with the preceding Paragraph 1, the arbitral tribunal shall decide whether or not to accept the request.