A flowchart showing all the stages of a China International Economic and Trade Commission (CIETAC) arbitration, based on the CIETAC Arbitration Rules CIETAC Arbitration Rules · CIETAC Arbitration Rules · CIETAC Arbitration Rules (These rules entered into force on 1 January ). The Arbitration Rules of the Arbitration Commission [hereafter, the “Arbitration Rules”], which took effect on 1 May, , apply to this case.
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Article 46 Withdrawal and Dismissal. As the [Seller] repeated verified in the court session, the cause of the explosion had not been found.
The written record shall be signed or sealed by the arbitrator sthe recorder, the parties, and any other participant in the arbitration. The contract also had a fifty-eight page annex, which included the goods’ name, quantity, specifications, technical parameter, instructions and the list of spare parts. Therefore, the goods’ passing the ship’s rail did not mean that fietac [Seller] had completely fully performed its duty under the Contract. Unless otherwise agreed by the parties, the arbitral tribunal has the power to order appropriate interim measures at the request of a party.
From 50, to , Xinjiang Bureau held that the [Seller] should be held liable for the explosion without inspecting and finding any defects of the furnace supplied by the [Seller] and without verifying the cause of explosion. The decision rendered by the said Commission 205 be final and binding upon both parties. Therefore, the Inspection Certificate was issued with cietzc factual and technical defects, and the conclusion was mistakenly made.
The [Seller] alleged in its written defense on 24 August Article 75 Decision on Jurisdiction. The explosion of the furnace constituted the [Seller]’s fundamental breach of the Contract, and caused that the [Buyer] had to buy another furnace from another supplier after days’ stoppage of operations.
The Arbitral Tribunal checked all the copies of the documents, tickets and the receipts of the hotels. The contract was written in Chinese and English and was concluded by both parties’ signatures.
CISG CASE PRESENTATION
Article 76 Nomination or Appointment of Arbitrator. The [Buyer] appointed Mr. Both parties signed the memorandum on 30 Decembermodifying the payment condition. The [Buyer] intended to purchase a Heat transfer oil furnace which satisfied the quality and data requirements. Article 47 Combination of Conciliation with Arbitration. If the [Seller] is liable for lack of conformity of the goods under the contract and the [Buyer] claims against the [Seller] within the time limit stipulated in articles 14 and 15the [Seller] shall make compensations by the following method with the consent of the [Buyer]: Rlues the written application of a party, CIETAC shall accept a case in accordance with an arbitration agreement concluded between the parties either before or after the occurrence of cieyac dispute, in which it is provided that disputes are to be referred to arbitration by CIETAC.
Article 14 Multiple Contracts. The dietac tribunal may refuse to admit any evidence produced after that time period.
The [Buyer] named Mr. No facts or relevant proof regarding the reduction of the price have been submitted to the Arbitral Tribunal. Xicheng District, Beijing, citeac, P. The arbitral tribunal shall render an arbitral award within three 3 months from the date on which the arbitral tribunal is formed.
Article 48 Time Period for Rendering Award. The parties signed the Contract on 17 April At the second oral hearing, the representatives of both parties appeared before the Tribunal, made full oral presentations, argued fully on the facts, and answered the Tribunal’s questions. The Secretariat received the [Seller]’s written opinion of the [Buyer]’s request for examination, respectively, on 14 January and 27 January Articles 25 ; 35 ; 36 ; 49 ; 74 [Also cited: Article 11 Commencement of Arbitration.
Within twenty 20 days from the date of ciietac receipt of the Notice of Arbitration, the Respondent shall submit its Statement of Defense, evidence and other supporting documents. The Claimant may apply to amend its claim and the Respondent may apply to amend its counterclaim.
Fifthaccording to the affidavit and opinion of the Heat transfer oil furnace manufacturer’s representative, when the furnace temporarily stopped running and alarmed on 29 September at 7: VI [Seller]’s right to payment from the [Buyer] of the remaining amount.
If a party fails to nominate or appoint a substitute arbitrator accordingly, the substitute arbitrator shall be appointed by the Chairman of CIETAC. The main part of the contract was signed by the legal representative of the [Buyer]. The [Seller] considers that the contract was signed by the [Buyer] rulex the [Seller] on 29 September However, the [Buyer] neither examined the goods according to the provisions in the contracts, nor presented written claims to the [Seller] within the time limit.
See details in the annex, fifty-eight pages in total.
CIETAC Arbitration Rules | Practical Law
Where the parties wish to conciliate their dispute but do not wish to have conciliation conducted by the arbitral tribunal, CIETAC may, rukes the consents of both parties, assist the parties to conciliate the dispute in a manner and procedure it considers appropriate. Paragraphs 1 – 5 of the memorandum are supplements to the original contract. In [Seller]’s counterclaim, the [Seller] asked the [Buyer] to pay a penalty [interest] on the debt to the [Seller] which is overdue.
The Arbitral Tribunal carefully checked the documents and relevant materials submitted by both parties and heard both parties’ arguments, finding the following facts:. Where the amount in dispute is not ascertained at the time of applying for arbitration, or where special circumstances exist, the amount of the arbitration fee shall be determined by CIETAC.
Article 3 Jurisdiction 1. The [Seller] would fulfill its contractual obligations only when it completed its duty of adjusting and testing, warranty, training and delivering complying goods pursuant to the Contract. The Arbitration Court may require the Applicant to advance any other additional and reasonable actual costs.