CIETAC (2012)—summary procedure [Archived]
CIETAC (2012)—summary procedure [Archived]

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

  • CIETAC (2012)—summary procedure [Archived]
  • When does the summary procedure apply?
  • How do I start a summary procedure CIETAC arbitration?
  • How is the tribunal appointed?
  • How and when do I respond to a request?
  • How will the case be heard?
  • When will the award be made?
  • Do the rest of the CIETAC Rules apply?

ARCHIVED: This Practice Note has been archived and is not maintained.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

When does the summary procedure apply?

Where the amount in dispute does not exceed RMB 2,000,000 yuan or where the amount is in excess of RMB 2,000,000 yuan, but one party applies and the other agrees in writing, a summary procedure can be adopted (art 54).

If the claim is not monetary or the amount in dispute is not clear, CIETAC shall determine whether or not the summary procedure can apply. In doing so, CIETAC will consider issues such as the complexity of the case and the interests involved.

How do I start a summary procedure CIETAC arbitration?

Request for Arbitration

The arbitration is commenced by a Request for Arbitration. There are no specific rules for what a Request under the summary procedure must contain and it appears therefore that it must contain the same as is contained in a Request under the ‘main’ arbitration proceedings (art 55 and art 12), namely: :

  1. names and addresses of the claimant and the respondent and the authorised representatives including the zip code, telephone, fax, email or any other means of electronic communication

  2. a reference to the arbitration agreement that is invoked

  3. a statement of the