The following Arbitration practice note Produced in partnership with Thirty Nine Essex Street provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note has been archived and is not maintained.
This Practice Note considers the CIETAC Arbitration Rules 2012. For guidance on the 2015 rules, see: CIETAC arbitration—overview.
As in all arbitrations, each party to arbitration under the arbitration rules of the China International Economic and Trade Arbitration Commission (CIETAC and the CIETAC Rules) bears the burden of proving the facts it relies on to support its claim or counterclaim.
Note: CIETAC have separate provisions for summary arbitration and domestic arbitrations. These are not covered by these notes.
The parties often expand their pleadings after the case has been referred to the tribunal. This may include providing additional evidence to support their respective cases and further develop their arguments. Although not previously common, the tribunal, acting through CIETAC’s secretariat, is now more likely to issue procedural orders to direct the exchange of pleadings and to address the preparation of evidence and to fix the procedure for the hearing under Article 33 of the Rules.
As with international arbitration generally, there are three main categories of evidence:
factual witness evidence
expert witness evidence
Foreign parties are likely to encounter procedural differences in CIETAC arbitration in relation to each of these categories. Common law parties are likely to find the approach and procedure more unusual than civil law parties.
Under the CIETAC Rules, the
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