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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CISG CASE PRESENTATION
tules The unstable quality and pressure of gas was the most probable reason to cause the explosion of 29 September 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. The above written correction 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.
From 10, to 50, The arbitral cietxc has the power to determine in the arbitral award the arbitration fees and other expenses to be paid by the parties to CIETAC.
An arbitration agreement means an arbitration clause in a contract or any other form of a written agreement concluded between the parties providing for the settlement of disputes by arbitration. Within a reasonable time after the award is made, the arbitral tribunal may, on its own initiative, make corrections in writing of any clerical, typographical or fules errors, or any errors of a similar nature contained in the award. In addition, the [Buyer] purchased another furnace one year after the explosion, and still used the natural gas, and the furnace ran normally.
Article 63 Change of Procedure. In circumstances other than those specified in the preceding Paragraph 5, the Chairman of CIETAC shall make a final decision on the challenge with or without stating the reasons.
CIETAC arbitration ( Rules): flowchart | Practical Law
Therefore, the CISG will be applied. On the contrary, the [Seller] tried to escape its liabilities by alleging the problem of pressure, filter, etc. The Contract was an international trade contract. The [Buyer] submitted supplementary material at the court session and, ciettac the court session, the parties submitted related materials. The Arbitral Tribunal hereby decides on the [Buyer]’s arbitration claims and the [Seller]’s counterclaims:.
The Arbitration Tribunal sustained this request of the [Buyer]. With the consents of both parties, the arbitral tribunal may conciliate the case in a manner it considers appropriate.
Article 2 Structure and Duties. A party shall be deemed to have waived its right to object where it knows or should have known that rulfs provision of, or requirement under, these Rules has not been complied with and yet participates in or proceeds with the arbitral proceedings without promptly and explicitly submitting its objection in writing to such non-compliance.
CIETAC Arbitration Rules | Practical Law
The Center is authorized by law to inspect furnace accidents and gules accident inspection certificates. The Arbitral Tribunal raised questions to both parties. Each party shall bear the burden of proving the facts on which it relies to support its claim, defense or counterclaim and provide the basis for its opinions, arguments and counter-arguments. 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.
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 rulex.
The [Buyer] did not discover any problem or propose any objection during this period. Where the arbitral tribunal has not yet been formed, such decision shall be made by the Arbitration Court.
In Article 2 1 of the Technology Agreement, the [Seller] promised to rulws satisfy the user’s design requirements;”. All the fare for the transportation and accommodation shall be borne by the [Buyer]. During about three years after the explosion, the [Buyer] and AAA actively contacted the [Seller] rjles times requesting either to exchange the goods or refund the contract price as stipulated in the Contract.
The transaction was an ordinary activity of the [Buyer] within its scope of business.
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. The cases referred to in the preceding paragraph include: Where there is no monetary claim or the amount in dispute is not clear, CIETAC shall determine whether or not to apply the Summary Procedure after full consideration of relevant factors, including but not limited to the complexity of the case and the interests involved.
Unless otherwise agreed by the parties, the emergency arbitrator shall not accept nomination or appointment to act as a member of the arbitral tribunal in any arbitration relating to the underlying dispute.
Article 25 Number of Arbitrators. Where a party becomes aware of a reason for a challenge after such receipt, the party may challenge the emergency arbitrator in writing within two 2 days after such reason has become known, but no later than the formation of the arbitral tribunal.
The arbitral award is final and binding upon both parties. Article 3 Disclosure and Challenge of the Emergency Arbitrator. Article 5 of the contract stipulated that the place of discharge was Beijing, China International Exhibition Center the low-tax zone. The [Seller] submitted a written defense on 24 August and filed a counterclaim on 10 September Though the [Seller] has asked many times, the [Buyer] has not paid the remaining amount.
The Rhles did not stipulate urles for termination. Articles 14 15 and 16 of the contract stipulate quality assurance, examination, claims and the settlement of claims. Section 2 Arbitrators and the Arbitral Tribunal.
Rules of Foreign Arbitration International Conventions and From 80, to ,