CIETAC International Arbitration Rules - Appendix 3 - Business Disputes In China - 3rd Edition
MICHAEL J. MOSER is a Chartered Arbitrator and a member of 20 Essex Street Chambers. He is Honorary Chairman of the Hong Kong International Arbitration Centre (HKIAC), a Member of the LCIA Court, a Board Member of the Arbitration Institute of the Stockholm Chamber of Commerce and Vice President of the Asia Pacific Regional Arbitration Group. He is Co-chair of the China International Arbitration Club.
Originally from Business Disputes In China - 3rd Edition
China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules (Revised and Adopted by the China Council for the Promotion of International Trade /China Chamber of International Commerce on January 11, 2005. Effective as from May 1, 2005.)
Article 1. The Rules
These Rules are formulated in accordance with the Arbitration Law of the People’s Republic of China and the provisions of other relevant laws, as well as the “Decision” of the former Administration Council of the Central People’s Government and the “Notice” and the “Official Reply” of the State Council.
Article 2. Name and Structure
1. The China International Economic and Trade Arbitration Commission (originally named the Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade, later renamed the Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade, and currently called the China International Economic and Trade Arbitration Commission, hereinafter referred to as the “CIETAC”) independently and impartially resolves, by means of arbitration, disputes arising from economic and trade transactions of a contractual or non-contractual nature.
2. The CIETAC concurrently uses the “Court of Arbitration of the China Chamber of International Commerce” as its name.
3. Where an arbitration agreement or an arbitration clause contained in a contract provides for arbitration by the CIETAC or one of its Sub-Commissions or by the CIETAC using one of its prior names, the parties shall be deemed to have unanimously agreed that the arbitration shall be administered by the CIETAC or by one of its Sub-Commissions.