CIETAC allows interim measures

February 28, 2012 | BY

clpstaff &clp articles

Foreign companies before CIETAC arbitration can now obtain a procedural order for an immediate action to protect their interests

    The revised Arbitration Rules of the China International Economic and Trade Arbitration Commission (CIETAC) take effect in March 2012. For the first time they allow the tribunal to grant interim measures. These can be granted through a procedural order or an interlocutory award to suspend or prohibit a party from carrying out certain acts, such as infringement.

    Joint venture or intellectual property disputes often require urgent action. Partner Sammy Fang at DLA Piper in Beijing says the new rules allow “foreign investors to apply promptly for an interim measure to take immediate action to stop infringement”.

    Lawyers have noted the obvious disadvantages and negative implications with not having interim measures, especially for foreign companies, who are looking to CIETAC as a strong tribunal for international arbitration.

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