China International Economic and Trade Arbitration Commission, Arbitration Rules (2005 Version)

Adopted: January 11 2005
Effective: May 1 2005
Interpreting authority: China International Economic and Trade Arbitration Commission (CIETAC)

Main contents: More substance has been added to the Rules. Article 4 has two more items. Article 4(3) states that where the parties agree to refer their disputes to arbitration under these Rules without providing the name of an arbitration institution, they shall be deemed to have agreed to refer the dispute to arbitration by CIETAC. Where the parties agree to refer their dispute to arbitration under CIETAC's arbitration rules for a specific business sector or profession and the dispute falls within the scope of such rules, the parties' agreement shall prevail; otherwise, these Rules shall apply (Article 4(4)). In terms of arbitration agreement (e.g., an arbitration clause in a contract), Article 5(3) clarifies that an arbitration agreement in writing includes a contract, letter, telegram, telex, facsimile, EDI and email. An arbitration agreement shall be deemed to exist where its existence is asserted by one party and not denied by the other during the exchange of the Request for Arbitration and the Statement of Defence. The Rules now allow the parties to appoint arbitrators off CIETAC's Panel of Arbitrators. Such arbitrators may act as co-arbitrator, presiding arbitrator or sole arbitrator after the appointment has been confirmed by the Chairman of CIETAC in accordance with the law (Article 21). The Rules also grant the Chairman of CIETAC the power to replace an arbitrator if the arbitrator is prevented de jure or de facto from fulfilling his functions, or he fails to fulfil his functions in accordance with the requirements of these Rules or within the time period specified in these Rules (Article 27). Article 28 allows an arbitration to continue with two arbitrators left. Article 29 states that the arbitral tribunal shall examine the case in any way that it deems appropriate unless otherwise agreed by the parties. Unless otherwise agreed by the parties, the arbitral tribunal may adopt an inquisitorial or adversarial approach when examining the case according to the circumstances of the case.
The Rules have also shortened the time limits for rendering an arbitral award: six months from the date on which the arbitral tribunal is formed for foreign-related cases (Article 42), and four months and three months from the date on which the arbitral tribunal is formed for domestic arbitration and summary procedure respectively (Articles 65 and 56). Other changes are made concerning simplifying the categories of cases being accepted, objection to jurisdiction, decision-making power granted to the arbitral tribunal on procedural matters, combination of arbitration and mediation, and filing of minority and dissenting opinion.
Related legislation: PRC Arbitration Law, Aug 31 1994, CLP 1994 No.9 p23