CIETAC RULES 2005 PDF

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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Xicheng District, Beijing,P. This fee schedule applies to arbitration cases accepted under Item a and bParagraph 2 of Article 3 of the Arbitration Rules. The parties may each recommend one to five arbitrators as candidates for the presiding arbitrator and shall each submit a list of recommended candidates within the time period specified fietac the preceding Paragraph 2. Such dissenting opinion shall not form a part of the award.

The headings of the articles in these Rules shall not be construed as interpretations rulse the contents of the provisions contained therein. The Arbitral Tribunal has now made its award. However, the party shall communicate such request in writing to the arbitral tribunal within five 5 days rulws its receipt of the notice of the oral hearing.

Article 35 Conduct of Hearing. Article 15 Examination and Claims: The [Seller] fulfilled its contractual obligations only when it completed its duty of adjusting and testing, warranty, training and delivering complying goods pursuant to the Contract.

CIETAC Current Arbitration Rules-China International Economic and Trade Arbitration Commission

Article 49 Making of Award. In addition, the [Buyer] failed to request the inspection agency as stipulated in the Contract to inspect the furnace and determine whether it had quality defects. From 5, to 10, The [Seller] shall provide the [Buyer] two sets of the following instructions and technical data in English: The contract was written in Chinese and English and was concluded by both parties’ signatures. The arbitral tribunal may undertake investigation and collect evidence as it considers necessary.

CIETAC arbitration (2005 Rules): flowchart

Where CIETAC is satisfied by prima facie evidence that a valid arbitration agreement exists, it may make a decision based on such evidence that it has jurisdiction over the arbitration case, and the arbitration shall proceed. 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. A party requiring emergency relief may apply for the Emergency Arbitrator Procedures based upon the applicable law or the agreement of the parties.

The explosion caused the [Buyer]’s purpose of the Contract to be frustrated. The Arbitral Tribunal holds that, according to the provisions in the Contract Law of the People’s Republic of China, the goods delivered by the [Seller] should be regarded as conforming to the contract; according to the provisions of the CISG, it should be regarded that the [Buyer] has lost the right to rely on a lack of conformity of the goods.

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However, the remaining attorneys’ fees only appeared in the payment notification of Jindu Law Firm Shanghai without the bank’s money order. The Heat transfer oil furnace was purchased for the lighter hydrocarbon factory. The explosion itself proved that the furnace had severe quality problems.

Article 78 Seal on Award. A party may withdraw its claim or counterclaim in its entirety. They had been exhibited and demonstrated lively in public before the contract was signed. An arbitration agreement is in writing if it is contained in the 20005 form of a document such as a contract, letter, telegram, telex, fax, electronic data interchange, or email.

Articles 4 ; 39 ; The [Buyer] got full knowledge of the goods through these methods. The [Seller] was entitled to request the [Buyer] to return the remaining parts of the goods. The arbitral tribunal or the Arbitration Court may, if it considers it necessary, require the parties to submit a corresponding translation of their documents and evidence into Chinese or other languages.

The emergency arbitrator has the power to make a decision to order or award necessary emergency relief, and shall make every ciettac effort to ensure that the decision is valid. Article 13 Acceptance of a Case.

After examining the request and opinions submitted by the two parties, the Arbitral Tribunal refuses the [Buyer]’s request for the examination”. The Summary Procedure shall not be affected by any amendment to the claim or by the filing of a counterclaim.

CIETAC Arbitration Rules | Practical Law

The [Buyer] only proposed the quality problem in its arbitration application for the first time on 2 July As to the Import Agency Agreement, the [Seller] asserted that because it was not a party of this Agreement, it could not verify the truthfulness of the Agreement, and furthermore, it was not relating to this case. All arbitration documents to be exchanged during the arbitral proceedings shall be exchanged among the arbitral tribunal and the parties by the Arbitration Court unless otherwise agreed by the parties and with the consent of the arbitral tribunal or otherwise decided by the arbitral tribunal.

Until then, the [Buyer] had already used the goods for more than four years. A month after the [Buyer] and the [Seller] signed the contract, the [Seller] claimed that it had a “sheet metal production system” available at the exhibition in Beijing and asked to use this system to make the delivery in Beijing.

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For purposes of this translation, Claimant of the People’s Republic of China is referred to as [Buyer]; Respondent of Germany is referred to as [Seller]. 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 arbitrator has made a decision. The [Seller] should bear the arbitration fee. 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.

Where after examination the Arbitration Court finds the formalities required for the arbitration application to be incomplete, it may request the Claimant to complete them within a specified time period. CIETAC may also designate another language as the language of arbitration having regard to the circumstances of the case. There is no factual or legal basis for the [Buyer] to claim that it could violate its contractual obligations for the reason that it was in a peripheral location and therefore its principals did not understand English or Japanese.

The [Seller] bore the duty of inspection before testing and adjusting the furnace. In the court session, the [Buyer] confirmed that the burning system exploded first, which caused the Heat transfer oil furnace to explode.

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.

Unless otherwise agreed by the parties, the arbitral tribunal may adopt an inquisitorial or adversarial approach in hearing the case having regard to the circumstances of the case. The arbitral tribunal shall make a written record of the oral hearing. Article 54 Additional Award.

However, the [Seller] failed to do so, but only alleged other factories’ explosion accidents as an excuse to reduce its own liabilities. 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. The [Seller] alleged that some explosion accidents in other factories were caused by natural gas this was not verified.