CIETAC (2015)—summary procedure
Produced in partnership with Kevin Hong of Norton Rose Fulbright

The following Arbitration practice note produced in partnership with Kevin Hong of Norton Rose Fulbright provides comprehensive and up to date legal information covering:

  • CIETAC (2015)—summary procedure
  • When does the summary procedure apply?
  • How do I start a summary procedure CIETAC arbitration?
  • Request for arbitration
  • Arbitration fee
  • Filing the Request
  • Requirement for CIETAC to accept the case
  • How is the tribunal appointed?
  • How and when do I respond to a Request?
  • How will the case be heard?
  • More...

CIETAC (2015)—summary procedure

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, generally, apply to arbitrations accepted by CIETAC on or after 1 January 2015 (CIETAC, art 84). 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 domestic arbitration which are not covered in this Practice Note. There are also separate provisions for arbitrations by the CIETAC Hong Kong Arbitration Center (CIETAC, art 73) which are not covered by this Practice Note.

When does the summary procedure apply?

A summary procedure can be adopted where the amount in dispute does not exceed RMB 5,000,000 or where the amount is in excess of RMB 5,000,000, one party applies and the other agrees in writing, or where both parties have agreed (CIETAC, art 56.1).

If the claim is not monetary or the amount in dispute is not clear,

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