2012 Review: Dispute Resolution - all eyes on CIETAC

January 04, 2013 | BY

clpstaff &clp articles

All eyes were on the China International Economic and Trade Arbitration Commission (CIETAC) in 2012 as two sub-commissions broke away with the Commission's new Arbitration Rules as one of the contributing reasons for the split



CIETAC 2012 Rules

CIETAC's revised Arbitration Rules took effect on May 1 2012. The new Rules were commended to provide greater assurance to companies who choose CIETAC as the place of arbitration.

The revised Rules expand the scope of the arbitrator's power by, for example, empowering 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.

However, the powers granted may not have as much effect in practice as expected. Xu Guojian from Boss & Young explained that even if the tribunal issues an interim measure, the parties must go to the court to enforce it. “The court will always prevail and have the final say, the tribunal does not have the same power,” he said.

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