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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The arbitral tribunal may examine the case in the manner it considers appropriate. Both parties signed the memorandum on 30 Decembermodifying the payment condition. The [Buyer] has claimed many times in its arbitration application, in the documents submitted to the Arbitral Cidtac, and at two oral hearings that the [Seller] made use of its dominant position of technology rrules information to hide the real facts, leading the [Buyer] to sign an unfair contract.
During the performance of the Contract, the parties also partially performed the Technology Agreement, such as testing and adjusting the furnace, etc. Therefore, the Arbitral Tribunal supports the [Seller]’s claim for interest.
The Cietaf Tribunal holds that the rate claimed by the [Seller] is too high and does not support that rate.
CIETAC arbitration ( Rules): flowchart | Practical Law
The Arbitral Tribunal cietad that the [Buyer] did not perform its obligation and this behavior constitutes a breach of the contract. Where there are multiple parties, additional copies shall be provided accordingly. The arbitral tribunal has the power to decide rkles 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.
On 15 Septemberthe Arbitral Tribunal requested permission to postpone its decision because the case is complicated.
CIETAC Arbitration Rules
Such additional award shall form a part of the arbitral award and shall be subject to the provisions in Paragraphs 4 to 9 of Article 49 of these Rules. The following items are in a supplemental memorandum of the contract, which is a part of the contract.
Section 2 Arbitrators and the Arbitral Tribunal. 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 [Buyer] repeated in its arbitration application and oral hearings that the goods provided by the [Seller] had great deficiency in quality. 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].
Therefore, the Arbitral Tribunal decides that all the fees caused by the arbitration application and the counterclaims shall be borne by the [Buyer]. Because the Contract had already been fully performed, there was no legal or contractual basis to revoke the Contract. Article 35 Conduct of Hearing.
The emergency arbitrator shall determine in its decision in what proportion the costs of the emergency arbitrator proceedings shall be borne by the parties, subject to the power of the arbitral tribunal to finally determine the allocation of such costs at the request of a party. After consulting with the parties and upon the approval of the Chairman of CIETAC, the other two arbitrators may also continue the arbitral proceedings and make decisions, rulings, or render the award.
Articles 25 ; 35 ; 36 ; 49 ; 74 [Also cited: 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. The arbitral tribunal shall render an arbitral award within three 3 months from the date on which the arbitral tribunal is formed. However, the party shall communicate such request in writing to the arbitral tribunal within five 5 days of its receipt of the notice of the oral hearing.
In the absence of such agreement, the language of arbitration to be used in the proceedings shall be Chinese. Where conciliation is not successful, neither party may invoke any opinion, view or statement, and any proposal or proposition expressing acceptance or opposition by either party or by the arbitral tribunal in the process of conciliation as grounds for any claim, defense or counterclaim in the subsequent arbitral proceedings, judicial proceedings, or any other proceedings.
From 40, to 80, Article 58 Formation of the Arbitral Tribunal. If a party or its representative s or witness es requires interpretation at an oral hearing, an interpreter may be provided either by the Arbitration Court or by the party. The relevant fees shall be borne by the [Seller].
Any suspension period shall be excluded when calculating the time period in the preceding Paragraph 1. However, the [Seller] failed to do so, but only alleged other factories’ explosion accidents as an excuse to reduce its own liabilities. Article 53 Correction of Award. The [Buyer] promptly claimed to reduce the price and change the payment method.
Article 15 Statement of Defense. Xicheng District, Beijing,P. The following are 2005 details of the case, the opinion of the Arbitral Tribunal and the award. The [Buyer] and the [Seller] failed to resolve the dispute by negotiation.
CIETAC Current Arbitration Rules-China International Economic and Trade Arbitration Commission
Together, on 17 Septemberthey formed an Arbitral Tribunal to hear this case. The [Seller] shall provide the [Buyer] two sets of the following instructions and technical data in English: During the cistac of conciliation, the arbitral tribunal shall terminate the conciliation proceedings if either party so requests or if the arbitral tribunal considers that further conciliation efforts will be futile.
Therefore, the [Seller] should bear the burden of proof with respect to cause of the explosion. Where CIETAC has delegated the power to determine jurisdiction to the arbitral tribunal, the arbitral cidtac may either make a separate decision on jurisdiction during the arbitral proceedings or incorporate the decision in the final arbitral award.