HKIAC CIETAC session – Tips for arbitrating in the mainland

CIETAC's session during the Hong Kong International Arbitration Week, which took place on Tuesday this week, featured a panel of experts providing advice on some of the most important issues that businesses need to consider when planning their arbitration.

Choosing an arbitration commission

Ariel Ye of King & Wood Mallesons did a question and answer presentation with Fei Ning of Beijing Hui Zhong Law Firm. Ye asked: “With more than 200 arbitration institutions in China – how can parties select one to hear their disputes?”

Fei provided four considerations for parties when deciding mainland seated arbitration:

• First, foreign-related disputes can only be heard before CIETAC and its branches. However, parties should consider the history and experience of each institution.
• Second, parties need to look at the panel of arbitrators, because they will be assessing the dispute.
• Third – independence, as not all arbitration bodies are fully independent
• Lastly, look at the institution's arbitration rules because these rules are the law governing the procedure. Parties should check that the rules comply with international practices.

CIETAC split

The CIETAC dispute between its Shanghai and Shenzhen sub-commissions that caused a dent in its reputation over the past year was only mentioned once at the event.

In the same question and answer session, Fei explained that: “the split from one to three bodies is a fact and we have to admit it.”