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.
A partial award is final and binding upon both parties. Washington University in St.
CIETAC arbitration (2005 Rules): flowchart
The [Seller] shall provide the modes for free. The arbitral tribunal has the power to determine in the arbitral award the arbitration fees and other expenses to be paid by the parties to CIETAC.
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. Therefore, the Arbitral Tribunal supports the [Seller]’s claim for interest. 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.
Article 45 Suspension of the Arbitral Proceedings. Therefore, the [Seller] should be held fully liable for any damages which the [Buyer] incurred. On 27 Junethese three arbitrators formed an Arbitration Tribunal to hear this case. Therefore, the [Seller] fundamentally breached the Contract, and the [Buyer] was entitled to revoke the Contract. The arbitration documents referred to in the preceding Paragraph 1 shall be sent to the address provided by the party itself or by its representative sor to an address agreed by the parties.
Therefore, it was groundless for the [Seller] to doubt the element of the natural gas. Where a case is to be dismissed prior to the formation of the arbitral tribunal, the President of the Arbitration Court shall make a decision on the dismissal.
CIETAC arbitration ( Rules): flowchart | Practical Law
The cases referred to in the preceding paragraph include: After signing the Contract, the [Buyer] paid the contract price as stipulated in the Contract. The emergency arbitrator proceedings shall not affect the right of the parties to seek interim measures from a competent court pursuant to the applicable law. The [Seller] performed its obligations completely.
Where the parties have agreed on the language of arbitration, such language shall be the language of the Emergency Arbitrator Procedures.
The [Seller] was entitled to request the [Buyer] to return the remaining parts of the goods. The arbitral tribunal shall render an arbitral award within four 4 months from the date on which the arbitral tribunal is formed.
The transaction was an ordinary activity of the [Buyer] within its scope of ruels. Therefore, the contract would be void in the first place and cannot be modified if there is fraudulent behavior.
Yes [Article 1 1 a ]. Article 27 Three-Arbitrator Tribunal. On the other hand, the [Seller] asserted that it had completed the duty of delivery when the goods passed the ship’s rail.
CIETAC Arbitration Rules
Where no inspection period was prescribed, the buyer shall timely inspect the subject matter. Article 20 of the Contract stipulated, “the Contract will take effect rles both parties sign it.
The parties or their representatives appeared before the Tribunal, made full oral presentations and argued fully on the facts, their claims and on the basis for their claims in law and under the contracts. Where a case is to be dismissed after the formation of the arbitral tribunal, the arbitral tribunal shall make the decision.
In addition, Article of the General Rules of Civil Law provides, “as to matters not addressed by either the Chinese law or the conventions which China signed, international customs may be referred to. However, the [Seller] failed to do so, but only alleged other factories’ explosion accidents as an excuse to reduce its own liabilities. Article 72 Context Reference. Therefore, the Arbitral Tribunal does not accept the [Buyer]’s request for the examination of the goods.
Claims ciefac counterclaims are aggregated for the determination of the amount in dispute. An emergency arbitrator shall not represent either party, and shall be and remain independent of the parties and treat them equally.
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.
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.
Xinjiang Bureau held that the [Seller] should be held liable for the explosion without inspecting and finding any defects of the furnace supplied by the [Seller] and without verifying the cause of explosion.
Article 15 Statement of Defense. Either party may, within thirty 30 days from its receipt of the arbitral award, request the arbitral tribunal in writing for an additional award on any claim or counterclaim which was advanced in the arbitral proceedings but was omitted from the award. During the performance of the Contract, the parties also partially performed the Technology Agreement, such as testing and adjusting the furnace, etc.
The Furnace and Container Pressure Inspection Center was not an agency designated by law to inspect furnace accidents. 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.
Even if the quality of the furnace originally satisfied the requirements stipulated in the Contract, the [Seller] should bear the 20005 if its negligence caused the explosion when testing and adjusting the furnace. Article 32 Challenge to Arbitrator. 205 a case is to be dismissed before the formation of the arbitral tribunal, the decision shall be made by the President of the Arbitration Court.
After the joinder proceedings commence, rulex conduct of the arbitral proceedings shall be decided by the Arbitration Court ru,es the arbitral tribunal is not formed, or shall be decided by the arbitral tribunal if it has been formed. If the challenge is accepted, the President of the Arbitration Court shall reappoint an emergency arbitrator within one 1 day from the date ruels the decision confirming the challenge, and copy the decision to the Chairman of CIETAC.
The Arbitral Tribunal holds that the [Buyer] did not perform its obligation and this behavior constitutes a breach of the contract. The explosion caused the core part to fly 9. An arbitration clause contained in a contract shall be treated as a clause independent and separate from all other clauses of the contract, and an arbitration agreement attached to a contract shall also be treated as independent and separate from all other clauses of the contract.
The arbitral tribunal shall decide whether or not to postpone the oral hearing.
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