CIETAC ARBITRATION RULES 2005 PDF

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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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CISG CASE PRESENTATION

In such a case, if the Respondent has filed a counterclaim, the Respondent may be deemed to have withdrawn its counterclaim. The second installment of one unit: An emergency arbitrator shall not represent either party, and shall be and remain independent of the parties and treat them equally.

Where a case is to be examined by way of an oral hearing, the parties shall be notified of the date of the first oral hearing at least twenty 20 days in advance of the oral hearing.

Articles 4 ; 53 ; 54 ; 58 ]. From 50, to , Unless otherwise agreed by the parties, a sole-arbitrator tribunal shall be formed in accordance with Article 28 of these Rules to hear a case under the Summary Procedure. The [Seller] requests the Arbitration Tribunal to find that the [Buyer] should bear the [Seller]’s attorneys’ fee. The hourly rate for each co-arbitrator shall be the rate agreed upon by that co-arbitrator and the nominating party.

Chapter II Arbitral Proceedings. The Claimant may apply to amend its claim and the Respondent may apply to amend its counterclaim.

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

Article 50 Partial Award. All arbitration documents from the parties shall be submitted to the Arbitration Court. Article 23 Conservatory and Interim Measures. Accordingly, the [Buyer] alleged that its duty to make the payment under the Contracts was exempted.

A guide to the CIETAC Arbitration Rules (2005)

For a case examined by way of an oral hearing, after the arbitral tribunal has fixed a date for atbitration first oral hearing, the parties shall be notified of the date at least fifteen 15 days in advance of the oral hearing. Article 5 Arbitration Agreement. Yes [Article 1 1 a ].

CIETAC may also determine the place of arbitration to be another location having regard to the circumstances of the case. Where the arbitral tribunal considers it necessary, or where a party so requests and the arbitral tribunal agrees, the arbitral tribunal may first render a partial award on any part of the claim before rendering the final award.

An arbitrator who has been challenged shall continue to serve on the arbitral ciehac until a final decision on the challenge has been made by the Chairman of CIETAC.

FromtoWhen submitting its Application, the Applicant shall attach the relevant documentary and other evidence on which the Application is ciftac, including but not limited to the arbitration agreement and any other agreements giving rise 2005 the underlying dispute. The arbitration agreement shall be in writing. The Applicant shall advance an amount of RMB 30, as the costs of the emergency arbitrator proceedings, consisting of the remuneration of the emergency arbitrator and the administrative fee of CIETAC.

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An arbitration agreement shall be deemed to exist where its existence is asserted by one party and not denied by the other during the exchange of the Request for Arbitration and the Statement of Defense. From 50, toArticle 51 Scrutiny of Draft Award. CIETAC may also designate another language as the language of arbitration having regard to the circumstances of the case.

On 4 Junethe [Seller] notified the [Buyer] that one of the freezer units was damaged, caused by an accident, and therefore, the units under the Contract could not be loaded for delivery before the deadline stipulated in the Contract.

The [Seller]’s claim should not be sustained. The arbitral tribunal has the power to decide whether to accept a Statement of Defense submitted after the expiration of the above time period. The [Seller] had advanced RMB 8, for its arbitrator.

However, the arbitral tribunal may refuse any such amendment if it considers that the amendment is too late and may delay the arbitral proceedings. The [Seller]’s claims are related to thirty-one 31 contracts.

The arbitral tribunal may specify a time period for the parties to produce evidence and the parties shall atbitration evidence within the specified time period.