CIETAC (2012)—starting an arbitration [Archived]
CIETAC (2012)—starting an arbitration [Archived]

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

  • CIETAC (2012)—starting an arbitration [Archived]
  • Prior to commencing arbitration
  • How do I start a CIETAC arbitration?
  • How many copies of the request do I need to file?
  • Where do I send the request?
  • When does the arbitration formally commence?
  • Requirement for CIETAC to accept the case (art 13)

ARCHIVED: This Practice Note has been archived and is not maintained.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

Prior to commencing arbitration

Before commencing an arbitration under any set of rules (or an ad hoc arbitration), consider the following issues:

  1. Does the arbitration clause on which you rely cover the entirety of the dispute you are raising? (See Arbitration agreements—definition, purpose and interpretation—does the arbitration agreement cover all disputes between the parties?)

  2. Are there any limitation issues to consider? (See Limitation periods in arbitration (England and Wales))

  3. Is there likely to be a jurisdictional challenge? While there may be little you can do on this, it is best to be prepared prior to commencing the arbitration

You can also begin to take practical steps to make the arbitration run more smoothly:

  1. Start collecting all of your documentary evidence and translate any necessary documents (see: The role of documentary evidence in arbitration)

  2. Consider electronic documents (see: Electronic evidence in arbitration)