The following Arbitration practice note produced in partnership with Kevin Hong of Norton Rose Fulbright provides comprehensive and up to date legal information covering:
CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. For information on how this content and relevant arbitration proceedings may be impacted, see Practice Note: Arbitral organisations and coronavirus (COVID-19)—practical impact. For additional information, see: Coronavirus (COVID-19) and arbitration—overview.
This Practice Note covers arbitration under the CIETAC Arbitration Rules 2015 (CIETAC Rules), which apply to arbitrations accepted by CIETAC on or after 1 January 2015 (CIETAC, art 84) or those CIETAC arbitrations commenced before that date where the parties agree to apply the 2015 rules. For guidance on arbitration under the CIETAC Rules 2012, see: CIETAC arbitration—overview.
This Practice Note applies to international or foreign related disputes or disputes related to Hong Kong SAR or Macao SAR or the Taiwan region (CIETAC, art 3). CIETAC has separate provisions for summary arbitration (see CIETAC (2015)—summary procedure) and domestic arbitration; these are not covered in this Practice Note. There are also separate provisions for arbitrations by the CIETAC Hong Kong Arbitration Centre (CIETAC, art 73) which are not covered by this Practice Note.
As in all arbitrations, each party to arbitration under the CIETAC Rules 2015 bears the burden of proving the facts it relies on to support its claim, defence or counterclaim (CIETAC, art 41.1).
The parties are
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