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CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION: INTRODUCTION

Time:2014-03-13 Hit:198


China International Economic and Trade Arbitration    


   In China the most important and known institution to solve commercial dispute is the China International Economic and Trade Arbitration; the China International Economic and Trade Arbitration is formerly known as the Foreign Trade Arbitration Commission, China International Economic and Trade Arbitration was set up in April 1956 under the China Council for the Promotion of International Trade (CCPIT) in accordance with the decision Concerning the Establishment of A Foreign Trade Arbitration Commission Within the China Council for the Promotion of International Trade adopted on May 6, 1954 at the 215th session of the Government Administration Council. To meet the needs of China's ever-developing economic and trade relations with foreign countries after the adoption of the "reform and opening-up" policy, the Foreign Trade arbitration was first renamed as Foreign Economic and Trade Arbitration Commission in 1980 pursuant to the State Council's Notice Concerning the Conversion of the Foreign Trade Arbitration Commission Into the Foreign Economic and Trade Arbitration Commission, and then as the China International Economic and Trade Arbitration     in 1988 pursuant to the State Council's Official Reply Concerning the Renaming of the Arbitration Commission as the China International Economic and Trade Arbitration and Amendment of Its Arbitration Rules. Since 2000, China International Economic and Trade Arbitration is also known as the Arbitration Court of the China Chamber of International Commerce (CCOIC). Therefore, aside from the Arbitration Law. the China International Economic and Trade Arbitration      Arbitration Rules" will also apply if the parties submit their dispute to the China International Economic and Trade Arbitration for arbitration." China International Economic and Trade Arbitration, which has its headquarter in Beijing, was established on April 2, 1956, as the Foreign Trade Arbitration Commission (FTAC). It was established by the China Council for the Promotion of International Trade (CCPIT), at that time a governmental body for the furtherance of Chinese trade promotion, operating under the auspices of the then Ministry of Foreign Trade. In June 1988, following approval by the Chinese government (i.e., the State Council), the CCPIT was reorganized and established as the China Chamber of International Commerce (CCOIC) and is now known under both the names of CCPIT and CCOIC. Substantially, the State Council expanded China International Economic and Trade Arbitration's jurisdiction to cover all disputes arising from international economic and trade transactions and authorized it to revise arbitration rules thereafter. The jurisdiction of the China International Economic and Trade Arbitration in 1994 was further expanded to handle disputes arising from international or foreign-related, contractual or non-contractual. Economic and trade transactions, including disputes between the foreign legal person and/or natural person and Chinese legal person and/or natural persons, between foreign legal persons natural persons, and between Chinese legal persons and/or natural person.

   In order to meet the needs of the development of its arbitration practices, the China International Economic and Trade Arbitration also successively established 21 liaison offices in different regions and specific business sectors to provide parties with convenient arbitration advice. Throughout the past 50 years. China International Economic and Trade Arbitration has made prominent contributions to the legislation of the Chinese Arbitration Law and the development of the arbitration practice in China. Has maintained positive relations and cooperation with all the major arbitration institutions across the world and gained the reputation at home and abroad as an independent, impartial and efficient arbitration institution."

   To adopt CIETAC and its rules, the following articles must be selected in the parties' contract. The procedures of a typical CIETAT arbitration are set out as follows: (i) request for arbitration is filed with the China International Economic and Trade Arbitration in Beijing or one of its sub-commissions. Along with documents to support its claim and relevant fees. As determined by quantum of claim; (ii) if the Request meets the formal requirements; China International Economic and Trade Arbitration will issue a Notice of Arbitration to both parties; (ii) within the days of receipt of the Notice of Arbitration, the parties must nominate one arbitrator from China International Economic and Trade Arbitration     's approved panel (of both foreign and Chinese arbitrators) and jointly nominate the third presiding arbitrator; if the parties are unable to do so within the time limit, China International Economic and Trade Arbitration nominate the arbitrator(s); (iv) within 45 days of its receipt of the Notice of Arbitration the defendant must file its Statement of Defense and counter-claim, if any; (v) based on consultation with China International Economic and Trade Arbitration      the tribunal will hold oral hearings on a minimum of 20 days notice for the initial hearing only to the parties; (vi) after conclusion of oral hearings, the tribunal will render an award, not to exceed six months after the arbitration panel is formed. The mentioned dates and times are as set out in the Ruler and may be extended based on particularities of the matter.


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