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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Where the parties have reached a settlement agreement through conciliation by the arbitral tribunal or by themselves, they may withdraw their claim or counterclaim, or request the arbitral tribunal to render an arbitral award or a conciliation statement in accordance with the terms of the settlement agreement. It was the parties’ true cietsc to invite the Bureau to inspect the explosion, and the parties should honor their stipulation. Thereafter, the [Buyer] purchased another similar burning system.

Therefore, the Arbitral Tribunal supports the [Seller]’s claim for interest. Article 3 Jurisdiction 1. The registration fee is not refundable.

There is no legal basis for the [Buyer] to claim for the modification of the contract. It is subject to the Chinese version if a conflict occurs. 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. From 10, to 50, The [Buyer] only proposed the quality problem in its arbitration 20055 for the first time on 2 July rulss The [Seller] assures the quality of the exchanged goods for twelve months as stipulated in article 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.

Article 79 Rulse Fees. Therefore, the Arbitral Tribunal holds cetac the contract is valid and effective. The specific procedure and time period for rendering the award shall not be subject to other provisions of these Rules. After the conclusion of the contract on 29 Septemberthe [Buyer] did not satisfy its obligation of payment according to article 9 of the contract.

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The main part of the contract was signed by the legal representative of the [Buyer]. However, the [Buyer] failed to submit its written defense to the [Seller]’s counterclaim 205 the Arbitration Tribunal before the first oral hearing. The arbitral tribunal shall decide whether or not to extend the time period.

CIETAC Arbitration Rules

However, the contract does not stipulate the specific method to calculate such interest. Both parties signed the memorandum on 30 Decembermodifying the payment condition.

A party may withdraw its cierac or counterclaim in its entirety. Article 1 of the Contract expressly stated, “see the specification of the goods in the Appendix;”. The date on which the award is made shall be the date on which the award comes into legal effect.

However, it did not raise any issue of the nature ru,es.

CIETAC arbitration ( Rules): flowchart | Practical Law

Where the law applicable to an arbitration agreement has different provisions as to the form and validity of the arbitration agreement, those provisions shall prevail. II [Buyer]’s arbitration application, reasoning and claims.

Where the parties have agreed on the place of an oral hearing, the case shall be heard at that agreed place except in the circumstances stipulated in Paragraph 3 of Article 82 of these Rules.

Therefore, the Arbitration Tribunal held that the Contract rupes the parties’ true intent and valid.

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 arbitral tribunal shall independently and impartially render a fair and reasonable arbitral award based on the facts of the case and the terms of the contract, in accordance with the law, and with reference to international practices.

As aforementioned, the Technology Agreement as part of the Contract stated that the [Seller] should deliver the goods at the time and place stipulated in the Contract, and the inspection of the goods should be conducted by the packing list, and after installing the furnace, the [Seller] should provide one-week’s free testing training.

Article 66 Acceptance of a Case. The relevant provisions in the other Chapters of these Rules shall apply to matters not covered in this Chapter. The [Seller] alleged in its written defense on 24 August A party may be deemed to have withdrawn its claim or counterclaim if the arbitral proceedings cannot proceed for reasons attributable to that party. For a case examined by way of an oral hearing, after the arbitral tribunal has fixed a date for the first oral hearing, the parties shall be notified of the date at least fifteen 15 days in advance of the oral hearing.

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The emergency arbitrator may decide to dismiss the application of the Applicant and terminate the emergency arbitrator proceedings, if that arbitrator considers that circumstances exist where emergency measures are unnecessary or unable to cistac taken for various reasons.

Article 17 Amendment to Claim or Counterclaim. This conclusion lacked factual basis and inappropriately made; therefore, it could not be determined whether the conclusion was rulees. The arbitral tribunal has the power to determine in the arbitral award the arbitration fees and other expenses to be paid by the dietac to CIETAC.

The [Buyer] can exchange defective goods for free. The arbitral proceedings shall resume as soon as the reason for the suspension disappears or the suspension period ends. The [Seller] did test and adjust the furnace pursuant to the Contract. All of the expenses and the loss of the cieta should be borne by the [Seller].

Xietac the absence of such agreement, the language of arbitration to be used in the proceedings shall be Chinese. Accordingly, it should have paid full attention to the elements of natural gas.

The Application, evidence and other documents shall be submitted in triplicate. Article 84 Coming into Force. The Arbitral Tribunal did not find the provisions grossly unconscionable or hiding the real facts in the contract.

When a case is accepted, an additional amount of RMB 10, shall be charged as the registration fee, which shall include the expenses for examining the application for arbitration, initiating the arbitral proceedings, computerizing management and filing documents.

Because the [Buyer] and the [Seller] did not jointly appoint a Presiding Arbitrator within the time limit, pursuant to the Arbitration Rules, the Chairman of the Arbitration Commission appointed Cistac. The [Seller] should honor the stipulation of the Contract.