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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From 2, to 5, Article 21 Copies of Arbitration Documents. Article 2 Structure and Duties. The hourly rate for each co-arbitrator shall be the rate agreed upon by that co-arbitrator and the nominating party. Article 76 Nomination or Appointment of Arbitrator. From 20, to 40, Article 58 Formation of the Arbitral Tribunal. The Arbitration Tribunal finds that the Contract was voluntarily established with the parties’ true intent, and was binding on both parties; therefore, the parties should perform the Contract in good faith accordingly.

At the request of a party, arbiyration arbitral tribunal may decide to order or award any interim measure it deems necessary or proper in accordance with the applicable law or the agreement of the parties and may require the requesting arbitrattion to provide appropriate security in connection with the measure.

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According to Article 42 of the Arbitration Rules, the Arbitration Tribunal heard this case by default. In the absence of such agreement, the language of arbitration rabitration be used in the proceedings shall be Chinese. 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.

Article 40 Record of Oral Hearing. The facts of the dispute and the reasons on which the award is based may not be stated in the award if the parties have so agreed, or if the award is made in accordance with the terms of a settlement agreement between the parties. Article 6 Decision of the Emergency Arbitrator.

A guide to the CIETAC Arbitration Rules (2005)

CIETAC shall have the power to decide not to join an additional party where arbitratioj additional party is prima facie not bound by the arbitration agreement invoked in the arbitration, or where any other circumstance exists that makes the joinder inappropriate.

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Since the above twenty-eight 28 Contracts were standard contracts, the duty regarding payment is the same. When filing the counterclaim, the Respondent shall pay an arbitration fee in advance in accordance with the Arbitration Fee Schedule of CIETAC within a specified time period, failing which the Respondent shall be deemed not to have filed any counterclaim.

Unless otherwise agreed by the parties, for an arbitration administered by the CIETAC Hong Kong Arbitration Center, the place of arbitration shall be Hong Kong, the law applicable to the arbitral proceedings shall be the arbitration law of Hong Kong, and the arbitral award shall be a Hong Kong award. The [Seller] has the right to sell the equipment directly to the [Buyer]. The arbitral tribunal vietac the power to decide whether to accept a counterclaim or a Statement of Defense submitted after the expiration of the above time period.

Article 84 Coming into Force. It is neither fair nor reasonable for a foreign trade company which is ruls earning a little amount of commission.

As to the issue of who is the end user, the parties held different opinions. Such written opinions shall not rulfs a part of the award. The expiration date is 13 February A party may withdraw its claim or counterclaim in its entirety. The provisions of the Summary Procedure in Chapter IV shall apply if a domestic arbitration case falls within the scope of Article 56 of these Rules.

CIETAC Arbitration Rules

Failure by the Respondent to file a Statement of Defense shall not affect the conduct of the arbitral proceedings. This fee schedule applies to arbitration cases accepted under Item cParagraph 2 of Article 3 of the Arbitration Rules. The relevant provisions on the submission of the Statement of Defense and the Statement of Counterclaim under these Rules shall apply to the additional party. The Applicant shall advance the costs for the Emergency Arbitrator Procedures.

Article 9 [Also cited: When investigating and collecting evidence, the arbitral tribunal may notify the parties to be present. If circumstances that need to be disclosed arise during the Emergency Arbitrator Procedures, the emergency arbitrator shall promptly disclose such circumstances in writing.

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The arbitral tribunal shall decide whether or not to extend the time period.

China 2 September CIETAC Arbitration proceeding (Freezing units case) [translation available]

The written record, the minutes and the audio-visual record of an oral hearing shall be available for use and reference by the arbitral tribunal. You could not be signed in. As to the modification of the payment terms, the [Seller] 0205 as follows:. According to Articles 53 and 54 of CISG, the buyer shall pay the contract price and receive the goods according to the contract; the buyer’s duty of payment shall be performed according to the contract and the relevant law.

A guide to the CIETAC Arbitration Rules () | Practical Law

The Application for the Emergency Arbitrator Procedures shall include the following information: The time period for the additional party to submit its Statement of Defense and Statement of Counterclaim shall start counting from the date of its receipt of the Notice of Joinder. 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 majority of the arbitrators.

The arbitral tribunal has the power to decide in the arbitral award, having regard to the circumstances of the case, that the losing party shall compensate the winning party for the expenses reasonably incurred by it in pursuing the case. Where the arbitral tribunal has not yet been formed, the decision on whether to grant the extension of the time period shall be made by the Arbitration Court.

A case may be dismissed if the claim and counterclaim have been withdrawn in their entirety. Before the end of the hearing, the [Seller] submitted supplementary documents including the Attorneys’ Opinion and evidence related to the claim for attorneys’ fee- and the arbitration fee. Therefore, the [Seller] requests the [Buyer] to pay interest on the delayed payments.