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How to Start An Arbitration Action at CIETAC

27 August 2012 By In International Arbitration

China arbitratoin lawyer

China International Economic and Trade Arbitration Commission (CIETAC) is one of the major permanent arbitration institutions in China. The institution has various subcommissions across China and Hong Kong. As China arbitration lawyer, we have extensive experience in arbitration matters with them. Below we discuss the topic how to start an arbitration action at CIETAC.

Please note you should follow not only the arbitration rules of CIETAC, but also China Arbitration Law.

I. Arbitration Clause

There generally must be an arbitration clause in your contract or a separate arbitration agreement with the business partner if you (your company) apply for arbitration here.

II. Documentation

Meanwhile, the following documents are to be submitted:

A.  Written Application For Arbitration (including documentary evidences)

If the total claim amount is less than 2,000,000 Chinese RMB, the summary Procedure shall apply, and three sets of written Application For Arbitration are needed.

If the total claim amount is over 2,000,000 Chinese RMB, the general procedure other than Summary Procedure shall apply, and five sets of written Application For Arbitration are needed.

If more than one Respondent is listed, one more set of written Application For Arbitration is needed for every additional Respondent.

B.  An original copy of the Power of Attorney is to be submitted if any arbitration agent is asked to act on your behalf.

C.  If interim measure of protection of property or evidence is necessary, please submit two originals of the written Application for Interim Protection of Property/Evidence and one more set of written Application For Arbitration, and inform CIETAC in writing which specific court of law the Written Application for Interim Protection of Property/Evidence should be forwarded to, with its address, post code, telephone number and other contact details etc.

D.  An original of the certificate of the legal representative of the corporation, copies of the business license, and other necessary documentation are to be submitted.

III. Arbitration fee

The applicant must pay arbitration fee to the Arbitration Commission according to the Arbitration Fee Schedule of the CIETAC Arbitration Rules. In principle, the arbitration fee shall be borne by the losing party, subject to the award by the Arbitral Tribunal.

IV. Please also be aware:

A. The texts of written Application For Arbitration must be the originals, bearing the signatures and/stamps. As for documentary evidences, when applying for arbitration, usually the xeroxed copies are only needed other than the originals, which should be brought to the oral hearing for examination at later stage.

B. All the documents should be in tidy form, paged and bound together.

Read 1291 times Last modified on Saturday, 28 September 2013 02:48
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