ARCHIVED: This Practice Note has been archived and is not maintained. NOTE: On 5 September 2023, CIETAC introduced new revisions (Revisions) to its current 2015 arbitration rules, in response to the growing needs for flexibility and efficiency in the digital age and evolving practice in international arbitration following a revision plan initiated in April 2021. The Revisions across over 30 articles include digital case management, multi-tiered arbitration agreements, jurisdiction, multi-contract arbitrations, arbitral procedures and other challenging issues. The Revisions will become effective from 1 January 2024, and apply to all CIETAC arbitrations commenced as of that date. CIETAC’s current arbitration rules took effect from 1 January 2015 (the CIETAC Rules 2015). This Practice Note is UNDER REVIEW—it currently reflects CIETAC's structure and role as set out in the CIETAC Rules 2015. 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

This Practice Note only covers arbitration under the CIETAC Arbitration Rules 2024 (CIETAC Rules), which, generally, apply to arbitrations accepted by CIETAC on or after 1 January 2024 or where parties have agreed to adopt the CIETAC Arbitration Rules 2024 (CIETAC, art 88). The 2015 arbitration rules shall remain applicable to any arbitrations accepted by CIETAC between 1 January 2015 and 31 December 2023. 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 3.2). CIETAC has separate provisions for summary arbitration (see Practice Note: CIETAC (2024)—summary procedure (and early dismissal)) and domestic arbitration; these are not covered in this Practice Note. There are also separate provisions for arbitrations by the CIETAC Hong Kong Arbitration Center (CIETAC, art 76) which are not covered by this Practice Note. A key feature of the CIETAC Rules 2024 is the provisions for the appointment of an emergency arbitrator (CIETAC, art 23.2 and Appendix III). This Practice Note considers how

This Practice Note only covers arbitration under the CIETAC Arbitration Rules 2024 (CIETAC Rules), which apply to arbitrations accepted by CIETAC on or after 1 January 2024 or where parties have agreed to adopt the CIETAC Arbitration Rules 2024 (CIETAC, art 88). The 2015 arbitration rules shall remain applicable to any arbitrations accepted by CIETAC between 1 January 2015 and 31 December 2023. 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 3.2). CIETAC has separate provisions for summary arbitration (see Practice Note: CIETAC (2024)—summary procedure (and early dismissal)) 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 2024 bears the burden of proving the facts it relies on to support its claim, defence or counterclaim (CIETAC,

This Practice Note covers arbitration under the CIETAC Arbitration Rules 2024 (CIETAC Rules), which, generally, apply to arbitrations accepted by CIETAC on or after 1 January 2024 or where parties have agreed to adopt the CIETAC Arbitration Rules 2024 (CIETAC, art 88). The 2015 arbitration rules shall remain applicable to any arbitrations accepted by CIETAC between 1 January 2015 and 31 December 2023. 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 3.2). CIETAC has separate provisions for summary arbitration (see Practice Note: CIETAC (2024)—summary procedure (and early dismissal)) and domestic arbitration; these are not covered in this Practice Note. There are also separate provisions for arbitrations by the CIETAC Hong Kong Arbitration Center (CIETAC, art 76) which are not covered by this Practice Note. The CIETAC Rules 2024 contain detailed provisions for joinder of additional parties (CIETAC, art 18) and consolidation of arbitrations (CIETAC, art 19). Joinder of additional parties The CIETAC Rules 2024 contain

This Practice Note only covers arbitration under the CIETAC Arbitration Rules 2024 (CIETAC Rules), which, generally, apply to arbitrations accepted by CIETAC on or after 1 January 2024 or where parties have agreed to adopt the CIETAC Arbitration Rules 2024 (CIETAC, art 88). The 2015 arbitration rules shall remain applicable to any arbitrations accepted by CIETAC between 1 January 2015 and 31 December 2023. 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 3.2). CIETAC has separate provisions for summary arbitration, see Practice Note: CIETAC (2024)—summary procedure (and early dismissal) and domestic arbitration, these are not covered in this Practice Note. There are also separate provisions for arbitrations by the CIETAC Hong Kong Arbitration Center (CIETAC, art 76) which are not covered by this Practice Note. An arbitration under CIETAC Rules is commenced by the claimant filing a Request for Arbitration (the Request)—see Practice Note: CIETAC (2024)—starting an arbitration. CIETAC will accept

This Practice Note only covers arbitration under the CIETAC Arbitration Rules 2024 (CIETAC Rules), which, generally, apply to arbitrations accepted by CIETAC on or after 1 January 2024 or where parties have agreed to adopt the CIETAC Arbitration Rules 2024 (CIETAC, art 88). The 2015 arbitration rules shall remain applicable to any arbitrations accepted by CIETAC between 1 January 2015 and 31 December 2023. 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 3.2). CIETAC has separate provisions for summary arbitration, see Practice Note: CIETAC (2024)—summary procedure (and early dismissal) and domestic arbitration; these are not covered in this Practice Note. There are also separate provisions for arbitrations by the CIETAC Hong Kong Arbitration Center which are not covered by this Practice Note. Prior to commencing arbitration Before commencing an arbitration under any set of rules (or an ad hoc arbitration), consider the following issues: • does the arbitration clause on which you rely cover the entirety

This Practice Note only covers arbitration under the revised CIETAC Arbitration Rules 2024 (CIETAC Rules), which, generally, apply to arbitrations accepted by CIETAC on or after 1 January 2024 or where parties have agreed to adopt the CIETAC Arbitration Rules 2024 (CIETAC, art 88). The 2015 arbitration rules shall remain applicable to any arbitrations accepted by CIETAC between 1 January 2015 and 31 December 2023. For guidance on arbitration under the CIETAC Rules 2015, 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 3.2). 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 76) 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 (unless otherwise agreed by the

This Practice Note covers arbitration under the CIETAC Arbitration Rules 2024 (CIETAC Rules), which, generally, apply to arbitrations accepted by CIETAC on or after 1 January 2024 or where parties have agreed to adopt the CIETAC Arbitration Rules 2024 (CIETAC, art 88). The 2015 arbitration rules shall remain applicable to any arbitrations accepted by CIETAC between 1 January 2015 and 31 December 2023. 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 3.2). CIETAC has separate provisions for summary arbitration (see Practice Note: CIETAC (2024)—summary procedure (and early dismissal)) and domestic arbitration; these are not covered in this Practice Note. There are also separate provisions for arbitrations by the CIETAC Hong Kong Arbitration Center (CIETAC, art 76) which are not covered by this Practice Note. A tribunal may make different types of award, such as interim award, partial award, final award and additional award, during the course of the arbitration—see Practice Note: Arbitral awards—types, requirements

This Practice Note only covers arbitration under the CIETAC Arbitration Rules 2024 (CIETAC Rules), which, generally, apply to arbitrations accepted by CIETAC on or after 1 January 2024 or where parties have agreed to adopt the CIETAC Arbitration Rules 2024 (CIETAC, art 88). The 2015 arbitration rules shall remain applicable to any arbitrations accepted by CIETAC between 1 January 2015 and 31 December 2023. 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 3.2). CIETAC has separate provisions for summary arbitration (see Practice Note: CIETAC (2024)—summary procedure (and early dismissal)) and domestic arbitration; these are not covered in this Practice Note. There are also separate provisions for arbitrations by the CIETAC Hong Kong Arbitration Center (CIETAC, art 76) which are not covered by this Practice Note. Unlike most other sets of institutional arbitration rules, the CIETAC Rules 2024 do not provide for the parties to nominate arbitrators as part of the Request for Arbitration. Unless

Before commencing the arbitration • assess any applicable limitation periods and/or contractual time bars under the governing substantive law, noting the Rules do not set limitation periods or time bars • review the arbitration agreement to confirm CIETAC (or the correct CIETAC sub-commission/arbitration center) is designated and the clause is workable, including CIETAC’s approach to prior CIETAC names/CCPIT/CCOIC wording and ambiguous or non-existent sub-commission/arbitration center designations (Article 1(2); Article 2(6); Article 4(4); Article 5) • confirm the place of arbitration if agreed; if not agreed or unclear, apply the default place and CIETAC’s ability to determine another place having regard to the circumstances (Article 7) • confirm service addresses and service methods, and calculate deadlines from the correct start date, including that time periods begin on the day following the day of receipt or deemed receipt (Article 8(1)–(5)) • consider enforcement strategy and whether conservatory measures or interim measures may be needed, including court-forwarded conservatory measures and tribunal interim measures (and potential security for interim measures) (Article 23(1); Article 23(3)) • determine the number of arbitrators and note the default position

The China International Economic and Trade Arbitration Commission (CIETAC) has announced that the CIETAC Arbitration Rules 2024 came into force on 1 January 2024, and will apply to CIETAC arbitrations commenced on or after the date of commencement. The new Rules contain 88 provisions, four more from the previous version, and incorporate recent developments in international arbitration, such as third-party funding and early dismissal. In an article originally published on the Kluwer Arbitration Blog and republished by the CIETAC, key amendments and updates to the Rules are explained.

This flowchart has been archived and is not maintained. This flowchart takes you through the stages of a CIETAC arbitration