CIETAC (2012)—the tribunal [Archived]

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

  • CIETAC (2012)—the tribunal [Archived]
  • CIETAC’s panel of arbitrators
  • How many arbitrators will there be?
  • Three-person tribunal
  • Jointly nominating the president
  • Sole arbitrator
  • How is the tribunal appointed in multi-party CIETAC arbitration?
  • Sole arbitrator
  • Three-person tribunal
  • How do I make a nomination?

CIETAC (2012)—the tribunal [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ARCHIVED: This Practice Note has been archived and is not maintained.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.

Unlike most other sets of institutional arbitration rules, the Arbitration Rules of the Chinese International Economic and Trade Arbitration Commission (CIETAC and the CIETAC Rules) do not provide for the parties to nominate arbitrators as part of the Request for Arbitration and Defence (if applicable under their arbitration agreements).

While the rules make some provision for the parties to have agreed how the tribunal will be appointed in their arbitration agreement, the presumption in these rules is that by adopting the CIETAC Rules, the tribunal will be appointed in accordance with the procedure set out in art 24.

Appointing the tribunal is a very important step in arbitration as it determines the quality of the decision-makers in the case (see Choosing your arbitral tribunal).

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

CIETAC’s panel of arbitrators

Unless the parties have provided to nominate arbitrators from elsewhere, all nominations in a CIETAC arbitration must be from CIETAC’s Panel of Arbitrators. A list of the Panel members will be provided to the parties with the Notice of Arbitration (ie once the Request has been filed and approved). The Panel has a tenure of three years (1 May 2017–30 April 2020).

If

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