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Arbitration in China - Dispute Resolution Journal - Vol. 52, No. 1

Author(s): 
Sally A. Harpole
Page Count: 
6 pages
Published: 
February, 1997
Jurisdictions: 
China
Practice Areas: 
CIETAC,
Capacity and Qualifications of Arbitrators,
Roster of Arbitrators,
Challenge of Arbitrators,
Sole Arbitrator,
Removal and Resignation of Arbitrators,
Code of Ethics for Arbitrators,
Arbitrators and Arbitral Tribunals,
Authority of the Arbitral Tribunal,
Right to Decide on Jurisdiction,
Powers of Arbitrators,
Interim Measures Relating to Property,
Orders for Security,
Multiple Parties,
Practice & Procedure,
Hearing
Author Detail: 

The author is a registered foreign lawyer at Deacons Graham & James in Hong Kong and is admitted in the State of California. She has handled transactions in the People’s Republic of China since 1977 and was appointed to the Panel of Arbitrators of the China International Economic and Trade Arbitration Commission (CIETAC) in 1989. She served as president of the American Chamber of Commerce in the PRC in 1985 and 1986 and is currently vice president of the American Chamber of Commerce in Hong Kong. This article was presented at the IFCAI Conference, “Globalization and Harmonization of the Basic Nations in International Arbitration,” held Nov. 20–21, 1995, in Hong Kong.

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Description: 

Originally from Dispute Resolution Journal

The expanding scope of international arbitration has led to a greater need for cases to be handled in a manner which generally accords with approaches taken by other prominent international arbitration institutions. A key role, at both the international and domestic levels, is being played by the China International Economic and Trade Arbitration Commission (CIETAC). Because it administers a high volume of international cases, CIETAC’s approach to “subjects so fundamental as the role and powers exercised by arbitral institutions and how the arbitral tribunal is constituted” bears examination in any overview of international ADR. Author Sally Harpole conducts the tour.

The China International Economic and Trade Arbitration Commission (CIETAC) administered more international arbitration cases than any other arbitration institution in the world in the last two years. In both years, approximately 600 arbitration cases were administered by CIETAC. Accordingly, it is more than appropriate to highlight the People’s Republic of China (PRC) in any paper on international arbitration, including its position in relation to subjects so fundamental as the role and powers exercised by arbitral institutions and how the arbitral tribunal is constituted.