CIETAC (2012)—responding to a Request for Arbitration [Archived]

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • CIETAC (2012)—responding to a Request for Arbitration [Archived]
  • How do I respond to a CIETAC request for arbitration?
  • When must I file the Defence?
  • How many copies of the Defence do I need to file?
  • Who serves the Defence on the claimant?
  • What if I want to make a counterclaim?
  • Acceptance of the counterclaim by CIETAC
  • How do I respond to a counterclaim?

CIETAC (2012)—responding to a Request for Arbitration [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.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.

An arbitration under the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules (the CIETAC Rules) is commenced by the claimant filing a Request for Arbitration (the Request)—see: CIETAC (2012)—starting an arbitration [Archived]. CIETAC will accept the Request (assuming all formalities have been complied with) and send it to the respondent.

Note: CIETAC have separate provisions for summary arbitration and domestic arbitration.

How do I respond to a CIETAC request for arbitration?

The respondent must file a Statement of Defence (the Defence) with CIETAC. The Defence must include:

  1. name and address of the respondent including the zip code, telephone, fax, email or other means of electronic communications

  2. the Defence to the Request and the facts and grounds on which the Defence is based

  3. the relevant documentary and other evidence on which the Defence is based

When examining the

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