China International Economic and Trade Arbitration Commission, Arbitration Rules (2012 Edition)
中国国际经济贸易仲裁委员会仲裁规则 (2012版)
March 29, 2012 | BY
clpstaff &clp articles &Cietac allows consolidation of arbitration cases.
Adopted: February 3 2012
Effective: May 1 2012
Interpreting authority: China International Economic and Trade Arbitration Commission (the Commission)
Main contents: The 2012 edition of the Rules adds a new article on consolidation of arbitration. If requested by a party and agreed to by the other party/parties, or if deemed necessary by the Commission and agreed to by the parties, the Commission may decide to consolidate two or more arbitration cases into one arbitration case and hear them as such. Unless otherwise agreed by the parties, arbitration cases that are being consolidated shall be consolidated with the arbitration case the proceedings of which commenced the earliest (Article 17).
Article 21 on conservatory and interim measures is another new article. If a party applies for conservatory measures in accordance with PRC laws, the secretariat of the Commission shall forward, in accordance with the law, the party's application for conservatory measures to the competent court designated by the parties. At the request of a party, the arbitration tribunal may, pursuant to the applicable laws, decide to take the interim measures it deems necessary or appropriate, and has the right to decide that the party requesting the interim measures provide appropriate security. The decision by the arbitration tribunal to take interim measures may be rendered in the form of a procedural order or interlocutory award.
With respect to combination of arbitration and mediation, the Rules now provides that if the parties have the desire for mediation but do not wish to have such mediation conducted under the auspices of the arbitration tribunal, the Commission may, with the consent of the parties, assist the parties in conducting the mediation by the appropriate means and procedure (Article 45).
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