A Look at CIETAC: Is it Fair and Efficient?

March 31, 2003 | BY

clpstaff &clp articles

The China International Economic and Trade Arbitration Commission (CIETAC) has become one of the busiest arbitration centres in the world. Along with its heavy caseload have come questions about CIETAC's impartiality. How accurate are the allegations?

By Johnson Tan, Jones Day, Hong Kong

CIETAC has recently attracted a fair amount of criticism from foreign commentators. Critics allege, among other things, an inherent bias against foreign parties due to frequent appointment of Chinese presiding arbitrators; restrictions on selection of arbitrators to those listed in the CIETAC Panel of Arbitrators; and alleged difficulties in enforcement once an arbitral award is obtained.

In the light of these criticisms, it may appear surprising that in a survey of American companies in Beijing in 2001 conducted by the American Chamber of Commerce,1 most of the respondents who had actual experience of arbitration in China rated arbitration in major Chinese arbitration centres highly when compared with arbitration in other major international arbitration centres.

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