China International Economic and Trade Arbitration Commission, Online Arbitration Rules
中国国际经济贸易仲裁委员会网上仲裁规则
June 06, 2009 | BY
clpstaff &clp articles &Cietac allows arbitration to be done online.
Promulgated: January 8 2009
Effective: May 1 2009
Interpreting authority: China International Economic and Trade Arbitration Commission (Cietac)
Applicability: These Rules are formulated to arbitrate online contractual and non-contractual economic and trade disputes and other such disputes. They apply to resolution of disputes over electronic commerce transactions, and other economic and trade disputes in which the parties agree to apply these Rules for dispute resolution (Article 1).
Where these Rules are inconsistent with the Cietac arbitration rules, these Rules shall prevail. Where a matter is not stipulated herein, the Cietac arbitration rules shall apply (Article 54).
Main contents: The secretariat of Cietac shall serve all the documents, notifications and materials pertaining to arbitration on the parties or their authorised agents by electronic mail, electronic data interchange or facsimile (Article 10). The evidence submitted by the parties may be electronic evidence created, sent, received or stored by electronic, optical or magnetic means. Electronic evidence with a reliable electronic signature shall carry the same effect and probative force as a document with a hand-written signature or a stamp (Article 29). Where a case is tried in a tribunal, the arbitration tribunal shall conduct an online trial hearing using internet video conference or other electronic or computer communication means. The arbitration tribunal may also use the regular format of conducting trial hearing in a tribunal establishment (Article 33).
Unless the parties have other agreement, summary procedure shall apply to cases where the amount in dispute exceeds Rmb100,000 but no more than Rmb1 million, or where the amount in dispute exceeds Rmb1 million and a party submits a written application for summary procedure after obtaining the written consent of the other party (Article 41). The arbitration tribunal shall, within two months of its establishment, render an arbitration award (Article 44). Unless the parties have other agreement, fast-track procedure shall apply to cases where the amount in dispute does not exceed Rmb100,000, or where the amount in dispute exceeds Rmb100,000 and a party submits a written application for fast-track procedure after obtaining the written consent of the other party (Article 47). The arbitration tribunal shall, within 15 days of its establishment, render an arbitration award (Article 50).
clp reference:1450/09.01.08promulgated:2009-01-08effective:2009-05-01This premium content is reserved for
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