China International Economic and Trade Arbitration Commission

Introduction

The China International Economic and Trade Arbitration Commission (CIETAC) is the most important permanent arbitration institution in China. Formerly known as the Foreign Trade Arbitration Commission, the CIETAC was set up in April 1956 under the China Council for the Promotion of International Trade (CCPIT). To meet the needs of the continuing development of China's economic and trade relations with foreign countries after the adoption of the "reform and opening-up" policy, the Foreign Trade Arbitration Commission was renamed as the Foreign Economic and Trade Arbitration Commission in 1980, and then finally settled down as the China International Economic and Trade Arbitration Commission in 1988. Since 2000, the CIETAC is also known as the Arbitration Court of the China Chamber of International Commerce (CCOIC).

The CIETAC independently and impartially resolves economic and trade disputes by means of arbitration and conciliation (mediation). 

The CIETAC's headquarters is located in Beijing with two sub-commissions in Shanghai and Shenzhen, respectively known as the CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission. In order to meet the needs of the development of the arbitration practices, the CIETAC also successively established 19 liaison offices in different regions and specific business sectors to provide parties with handy arbitration advice.

After nearly 50 years? continuous endeavor, the CIETAC is now one of the busiest arbitration centers in the world. With its arbitration practices and academic activities, the CIETAC has also made great contributions to the legislation of the Chinese arbitration law and the development of the arbitration practice in China. Not only does CIETAC maintain positive relations and cooperation with all the major arbitration institutions throughout the world, it also upholds a respectable reputation at home and abroad for its independence, impartiality and efficiency.

The Organization

The CIETAC has one honorary Chairman and several advisers.

The CIETAC consists of one Chairman, several Vice-Chairmen, and a number of members. The Chairman performs the functions and duties vested in him/her by the CIETAC Arbitration Rules. The Vice-Chairmen may perform the Chairman's functions and duties with the Chairman's authorization.

The CIETAC's headquarters and each of its sub-commissions have their own Secretariats to handle the daily affairs under the leadership of their respective Secretaries-General. The CIETAC's headquarters and its South China and Shanghai Sub-Commissions together form one institution. 

There are three specialized committees within the CIETAC. One committee serves as an advisory body responsible for research on complex matters of both arbitration procedures and substantive legal issues and providing advisory opinions thereon, as well as revision of arbitration rules and the training of the CIETAC's arbitrators.

The second committee compiles and edits the CIETAC's arbitral awards of completed cases and publishes yearbooks.

The third committee is responsible for the CIETAC's panel of arbitrators. It examines and reviews the qualifications and performance of the CIETAC's arbitrators, and makes suggestion regarding the renewal of the assignment of each arbitrator as per the relevant provisions of the arbitration law and the CIETAC arbitration rules. 

Advantages of Arbitration

Arbitration has long been a favored means of resolving commercial disputes. Compared with other methods of dispute resolution, arbitration has the following advantages:

Final, Binding Decisions

Although parties under commercial contracts have a number of options for resolving their disputes, only litigation and arbitration can provide a binding and enforceable decision. Unlike the judgments made in litigation of first instance, arbitral awards are usually not subject to appeal and become final and binding on the parties once rendered. Arbitral awards may either be revoked by courts in the country where the arbitral award is made, or be denied recognition and enforcement by courts in the country where enforcement is sought. However, the grounds of challenge available against arbitral awards are very limited and usually could only be based on procedural matters in international arbitrations.

Party Autonomy 

In arbitration, the parties are free to appoint arbitrators of their own choice, to select the place and language of arbitration and to determine the applicable laws. The parties may design the arbitration proceedings to meet their special needs by agreeing on the organization of hearings, submissions of proof, and presentations of arguments. If the parties fail to form such an agreement, it is largely left to the discretion of the arbitrators selected for the case. As a result, arbitration is much more flexible than the often rigid procedures and timetables of the courts.

Confidentiality

Arbitration proceedings are not open to the public so that the trade secrets and reputation of the parties can be effectively protected.

International Recognition and Enforcement of Arbitral Awards

Pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention of 1958), which has been acceded to by 135 countries as of May 1, 2005, arbitral awards may be recognized and enforced in the contracting states. There are several other international arbitration conventions and treaties that may also help the enforcement. China acceded to the New York Convention in 1987 and its entry into the Convention is subject to commerciality and reciprocity reservations.

Why The CIETAC Arbitration?

Universal and International 

The type of commercial dispute that may be resolved by the CIETAC arbitration is not limited by the nature of the parties' business, nor their nationality. Since it was founded in 1956, the CIETAC has administered more than 10,000 international arbitration cases. Today the CIETAC accepts both domestic and international cases and more than 700 cases are filed with the CIETAC each year, most of which are international.

The CIETAC arbitration is also international in terms of arbitration rules and arbitrators. The CIETAC's arbitration rules were first formulated in 1956 and have been revised 6 times ever since, with the last revision effective as from May 1, 2005. The present arbitration rules and those of other major international arbitration institutions are much alike, and they offer the parties the most autonomy possible under the current arbitration law. In addition, the CIETAC maintains a Panel of Arbitrators composed of roughly 1,000 arbitrators, who are domestically or internationally distinguished experts in arbitration or in a particular trade. Among them, about 270 are nationals coming from more than 30 countries and regions.

Independent and Impartial

As a leading international arbitration institution, the CIETAC is independent of any government agencies in China. The CIETAC arbitrators, including party-appointed ones, do not represent any parties and must remain independent and impartial. During the arbitration proceedings, each party is offered equal opportunities to state its case. Over the decades, the CIETAC's independence, integrity and impartiality have been universally recognized by its users.

Speedy and Efficient

In the CIETAC arbitration, the parties may agree on the procedure to be followed. Since the evidence and pleadings are fully exchanged in writing between the parties, the CIETAC oral hearings are generally short, usually lasting one to three days. As a result, the CIETAC arbitration process is very fast and efficient. Most of the CIETAC arbitration cases are concluded within 6 months after the tribunal is duly constituted.

low Cost

As an international arbitration institution, the CIETAC arbitration fees are relatively lower than other major international arbitration institutions. Under the same circumstances, the CIETAC arbitration fees are almost the same as that of other arbitration institutions in China. Because of its characters such as the final and binding decision, the efficient proceedings, etc., arbitration is more economical compared to the costs involved with litigation.

Combination of Arbitration with Conciliation/Med-arb

The CIETAC arbitration is marked by its unique combination of arbitration with conciliation, an advantageous mixture of the merits of both, which not only resolves disputes, but also renews positive business and personal relations between the parties. 

This combination is possible during the arbitration proceedings with the parties' consent. Also, the arbitrators may, at any time during the proceedings, play the role of conciliators in an attempt to resolve the dispute. Either party may end the combination at any time if it thinks it is no longer necessary or will be fruitless.

In addition, if the parties reach a settlement agreement by themselves through conciliation without the involvement of the CIETAC, any of the parties may, based on an arbitration agreement concluded between them providing for arbitration by the CIETAC and their settlement agreement, request the CIETAC to appoint a sole arbitrator to render an arbitration award in accordance with the contents of the settlement agreement. In this case, the arbitration fee may be reduced in consideration of quantity of work and amount of the actual expenses incurred by the CIETAC.

Professional and Supportive Secretariats

The CIETAC arbitration cases are closely followed by the Secretariats in CIETAC'S headquarters and Sub-Commissions, which currently have a group of over 60 highly qualified and professional staff members. At present, each case is assigned a member to take charge of the procedural administration as soon as the Notice of Arbitration is sent to the parties. With master or doctor degrees in law and versed in various languages such as English, French, Russian, Chinese, these members are readily available to provide assistance and help diligently to arbitrators and parties.

Scope of Jurisdiction

The CIETAC resolves by means of arbitration disputes arising from economic and trade transactions of a contractual or non-contractual nature. These disputes include:

■international or foreign-related disputes;

■disputes related to the Hong Kong Special Administrative Region or the 
Macao Special Administrative Region or the Taiwan region; and 

■domestic disputes.

Model Arbitration Clause

For an arbitration to take place, the disputing parties must form an agreement in writing to submit their dispute to arbitration. This agreement may be made by including an arbitration clause in the commercial contract or may be concluded after a dispute arises. The CIETAC recommends the following model arbitration clause to both Chinese and foreign business clients :

"Any dispute arising from or in connection with this Contract shall be submitted to the China International Economic and Trade Arbitration Commission for arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties."

The parties may also stipulate the following matters in the arbitration clause:

■the place of arbitration and/or hearing;

■the language of the arbitration;

■the number of arbitrators;

■the nationality of arbitrators;

■the method of selection of arbitrators;

■the applicable law of the contract; and/or

■the application of ordinary procedure or summary procedure.

Arbitration Process

The CIETAC arbitrations are generally conducted under the current Arbitration Rules, i.e. the Arbitration Rules effective as from May 1, 2005.  Where the parties 
have agreed on the application of other arbitration rules, or any modification of these Rules, the parties' agreement shall prevail except where such agreement is inoperative or in conflict with a mandatory provision of the law of the place of arbitration.

Application for Arbitration

When applying for arbitration, the Claimant must submit to the CIETAC Secretariat at the Beijing headquarters or the Sub-Commissions an arbitration agreement, a Request for Arbitration in writing, and the facts and evidence on which its claim is based. In addition, an arbitration fee shall be paid by the Claimant in advance to the CIETAC according to the CIETAC Arbitration Fee Schedule.

The arbitral proceedings shall commence on the date on which the CIETAC or one of its Sub-Commissions receives a Request for Arbitration.

The following shall be specified in the Request for Arbitration:

■the names and addresses of the Claimant and the Respondent, including the zip code, telephone, telex, fax and telegraph numbers, Email addresses or any other means of electronic telecommunications;

■a reference to the arbitration agreement that is invoked;

■a statement of the facts of the case and the main issues in dispute;

■the claim of the Claimant; and

■the facts and grounds on which the claim is based.

The Request for Arbitration shall be signed and/or stamped by the Claimant and/or the attorney authorized by the Claimant.

The Request for Arbitration and relevant documentary evidence should be submitted in the same number of copies as the total number of the Respondents and arbitrators. One more copy should be provided to the Secretariat for the purpose of procedure administration.

After applying for arbitration, the Claimant may request to amend its
arbitration claim; but the arbitral tribunal may refuse such a request for amendment if it considers that it is too late to raise the request and the amendment may affect the normal operation of the arbitration proceedings.


Defense and Counterclaim

The CIETAC Secretariat will simultaneously send to the Respondent the Notice of Arbitration, a copy of the Claimant's Request for Arbitration along with its attachments, the Arbitration Rules, and the Panel of Arbitrators.

The Respondent shall, within 45 days (in foreign-related arbitration) or 20 days (in domestic arbitration or arbitration where the summary procedure applies) from the date of receipt of the Notice of Arbitration, produce its written defense and relevant documentary evidence to the CIETAC Secretariat. The Respondent may request to amend its defense. The Respondent shall submit its defense within the time limit specified by the arbitral tribunal. The arbitral tribunal may extend that time period if it believes that there are justified reasons and it has the power to reject documents that are submitted too late.

The Respondent may lodge its counterclaim during the arbitration procedure, and the counterclaim must meet the following three requirements:

■the counterclaim arises from the same contract relation or legal relation as that of the claims raised by the Claimant; 

■the counterclaim is directed against the Claimant; and

■the disputes involved in the counterclaim shall not be the same as the disputes involved in the arbitration claims.

The counterclaim shall, at the latest within 45 days (in foreign-related cases), or 20 days (in domestic cases or cases where summary procedure applies) from the Respondent's receipt of the Notice of Arbitration, be submitted to the CIETAC. The arbitral tribunal may extend that time limit if it deems that there are justified reasons.

When lodging a counterclaim, the Respondent shall lodge with the arbitral 
tribunal its counterclaim in writing, and state its specific claim, reasons for its claim and facts and evidence upon which its counterclaim is based and attach to its written statement of counterclaim the relevant documentary evidence. The written statement of counterclaim may be submitted together with its defense or alone. The written statement of the counterclaim and the relevant documentary evidence shall be submitted in the same number of copies as the total number of the parties and arbitrators put together, so that all of the parties, arbitrators and the Secretariat shall each receive a copy.

When lodging its counterclaim, the Respondent shall pay a deposit of the arbitration fee in advance according to the CIETAC Arbitration Fee Schedule.

The Respondent may request to amend its counterclaim, but the arbitral tribunal may refuse such request for amendment if it considers that it is too late to raise the request and the amendment may affect the normal operation of the arbitration proceedings.

Jurisdictional Objections

CIETAC has the power to decide on the existence and validity of an arbitration agreement and the jurisdiction over an arbitration case. The CIETAC may, if necessary, delegate such power to the arbitral tribunal.

A party may lodge jurisdictional objections if it has justified reasons. Such objections to an arbitration agreement and/or jurisdiction over an arbitration case shall be raised before the first hearing. Where the case is examined on the basis of documents only, the jurisdictional objections should be raised in writing before submission of the first substantive defense. The objections to and/or decisions made by the CIETAC on jurisdiction shall include objections to and/or decisions on a party誷 standing to participate in the arbitration.

Waiver of Right to Object

A party shall be deemed to have waived its right to object where it knows or should have known that any provision of, or requirement under, these Rules has not been complied with and yet participates in or proceeds with the arbitration proceedings without promptly and explicitly submitting its objection in writing to such non-compliance.

Arbitral Tribunal

According to the CIETAC Arbitration Rules, the arbitral tribunal may be composed of either a sole arbitrator or three arbitrators. The parties may agree on the ways to form the tribunal. The case where the summary procedure applies shall be examined and heard by a sole arbitrator. Most cases to which the ordinary procedure applies shall be examined and heard by three arbitrators, unless the parties agreed otherwise.

Panel of Arbitrators

In principle, the parties shall appoint arbitrators from the Panel of Arbitrators provided by the CIETAC.

Where the parties have agreed to appoint arbitrators from outside of the CIETAC誷 Panel of Arbitrators, the arbitrators so appointed by the parties or nominated according to the agreement of the parties may act as co-arbitrator, presiding arbitrator or sole arbitrator, after the appointment has been confirmed by the Chairman of the CIETAC in accordance with the law. 

■Sole arbitrator

If the case is to be heard by a sole arbitrator, both parties may jointly appoint or jointly entrust the Chairman of the CIETAC to appoint the sole arbitrator from among the Panel of Arbitrators to form the tribunal for the case. On the other hand, the parties may each recommend one to three 
arbitrators as candidates for the sole arbitrator. 

If the parties in summary procedure fail to make such appointment or entrustment within 15 days from the date on which the Respondent receives the Notice of Arbitration, or if the parties in ordinary procedure, who have agreed that a sole arbitrator will examine and hear their case, fail to agree on the choice of such a sole arbitrator within 15 days from the date on which the Respondent receives the Notice of Arbitration, the Chairman of the CIETAC shall make such appointment.

■Three arbitrators

If the case is to be heard by three arbitrators, the Claimant and the Respondent shall each appoint one arbitrator or entrust the Chairman of the CIETAC to make such appointment within 15 days from the date of receipt of the Notice of Arbitration. Where a party fails to appoint or to entrust the Chairman of the CIETAC to appoint an arbitrator within the specified time period, the arbitrator shall be appointed by the Chairman of the CIETAC. 

Within 15 days from the date of the Respondent's receipt of the Notice of Arbitration, the presiding arbitrator shall be jointly appointed by the parties or appointed by the Chairman of the CIETAC upon the parties? joint authorization.

The parties may each recommend one to three arbitrators as candidates for the presiding arbitrator and shall submit the list of recommended candidates to the CIETAC within the time period specified in the Arbitration Rules. Where there is only one common candidate in the lists, such candidate shall be the presiding arbitrator jointly appointed by the parties.Where there are more than one common candidate in the lists, the Chairman of the CIETAC shall choose a presiding arbitrator from among the common candidates based on the specific nature and circumstances of the case, who shall act as the presiding arbitrator jointly appointed by the parties. Where there is no common candidate in the lists, the presiding arbitrator shall be appointed by the Chairman of the CIETAC from outside of the lists of recommended candidates. 

Where the parties have failed to jointly appoint the presiding arbitrator according to the above methods, the presiding arbitrator shall be appointed by the Chairman of the CIETAC.

The presiding arbitrator and the other two arbitrators shall jointly form an arbitral tribunal to examine and hear the case.

Multi-Party

Where there are two or more Claimants and/or Respondents in an arbitration case, the Claimant side and/or the Respondent side each shall, through consultation, jointly appoint or jointly entrust the Chairman of the CIETAC to appoint one arbitrator from the CIETAC誷 Panel of Arbitrators.

Where the Claimant side and/or the Respondent side fail to jointly appoint or jointly entrust the Chairman of the CIETAC to appoint one arbitrator within 15 days from the date of receipt of the Notice of Arbitration, the arbitrator shall be appointed by the Chairman of the CIETAC.

The presiding arbitrator or the sole arbitrator shall be appointed in accordance with the procedure stipulated for three arbitrators. When appointing the presiding arbitrator or the sole arbitrator, the Claimant side and/or the Respondent side each shall, through consultation, submit a list of their jointly agreed candidates to the CIETAC.


Challenge and Replacement of Arbitrators and Majority to Continue Arbitration

All arbitrators shall be independent and impartial and shall not represent
either party. The CIETAC has made a set of Ethical Rules of Arbitrators to regulate the arbitrators' behavior in the conduct of arbitration cases. Arbitrators shall examine and hear cases reasonably, independently and impartially on the basis of facts and in accordance with laws and shall give
the parties equal opportunities to state their cases. If a candidate arbitrator 
has, in advance, discussed the case with a party or provided advice on the case to a party, he or she shall not serve as arbitrator in the case; arbitrators shall not accept gifts from a party, and shall not meet with one party alone and discuss matters or accept materials relating to the case; arbitrators shall strictly maintain the privacy and confidentiality of arbitration, and shall not divulge to the outsiders and the parties any substantive or procedural matters or their own personal views; arbitrators shall fulfill their duties prudently and diligently. 

Any arbitrator materially or otherwise interested in a case in a way that might affect the impartial examination and hearing of the case shall make a 
disclosure to the CIETAC, and request on his own motion to be allowed to withdraw. The parties may also make a request for the withdrawal of an arbitrator from an arbitration case. In the event that an arbitrator is prevented de jure or de facto from fulfilling his/her functions, or he/she fails to fulfill his/her functions in accordance with the requirements of the CIETAC Rules or within the time period specified in the CIETAC Rules, the Chairman of the CIETAC shall have the power to decide whether the arbitrator shall be replaced. The arbitrator may also withdraw from his/her office on his/her own initiative. 

In the event that, after the conclusion of the last oral hearing, an arbitrator on a three-member arbitral tribunal is unable to participate in the deliberation and/or render the award owing to his/her demise or removal

from the CIETAC's Panel of Arbitrators, the other two arbitrators may request the Chairman of the CIETAC to replace the arbitrator pursuant to the Arbitration Rules. Or, after consulting with the parties and upon the approval of the Chairman of the CIETAC, the other two arbitrators may continue the arbitration and make decisions, rulings or the award. 

Hearing

The arbitral tribunal shall examine the case in any way that it deems appropriate unless otherwise agreed by the parties. Under any circumstance, the arbitral tribunal shall act impartially and fairly and shall offer reasonable opportunities to all parties for presentations and debates.
The arbitral tribunal shall hold oral hearings when examining the case. However, oral hearings may be omitted and the case shall be examined on the basis of documents only if the parties so request or agree and the arbitral tribunal also deems that oral hearings are unnecessary. Unless otherwise agreed by the parties, the arbitral tribunal may adopt an inquisitorial or adversarial approach when examining the case, having regard to the circumstances of the case. The arbitral tribunal may hold deliberation at any place or in any manner that it considers appropriate.

The arbitral tribunal may, if it considers it necessary, issue procedural directions and lists of questions, hold pre-hearing meetings and preliminary hearings, and produce terms of reference, etc., unless otherwise agreed by the parties.

The date of the first oral hearing shall be fixed by the arbitral tribunal and notified to the parties by the Secretariat of the CIETAC at least 20 days (in foreign-related cases) or 15 days (in domestic cases or cases where summary procedure applies) in advance of the oral hearing date. A notice of oral hearing subsequent to the first oral hearing and a notice of a postponed oral hearing shall not be subject to the 20-day or 15-day time limit. A party having justified reasons may request a postponement of the oral hearing. However, such a request must be communicated to the arbitral tribunal in writing at least 10 days (in foreign-related cases) or 7 days (in domestic cases and cases where summary procedure applies) in advance of the oral hearing date. The arbitral tribunal shall decide whether to postpone the oral hearing or not.

Place of Arbitration and Place of Oral Hearing

Where the parties have agreed on the place of arbitration in writing, the parties? agreement shall prevail. Where the parties have not agreed on the place of arbitration, the place of arbitration shall be the domicile of the CIETAC or its Sub-Commission. The arbitral award shall be deemed as being made at the place of arbitration.

Where the parties have agreed on the place of oral hearings, the case shall be heard at that agreed place except for circumstances stipulated in the Arbitration Rules. Unless the parties agree otherwise, a case accepted by the CIETAC shall be heard in Beijing, or if the arbitral tribunal considers it necessary, at other places with the approval of the Secretary-General of the CIETAC. A case accepted by a Sub-Commission of the CIETAC shall be heard at the place where the Sub-Commission is located, or if the arbitral tribunal considers it necessary, at other places with the approval of the Secretary-General of the Sub-Commission.

The parties shall send their representative(s) or authorized agent(s) to attend the hearing. If the Respondent fails to appear at an oral hearing without showing sufficient cause for such failure, the arbitral tribunal may proceed with the arbitration and make a default award. If the Claimant fails to appear at an oral hearing without showing sufficient cause for suchfailure, the Claimant may be deemed to have withdrawn its Request for Arbitration.

During the hearing over a foreign-related arbitration case, the arbitral tribunal may make a written record as well as a video record. The arbitral tribunal may, when it deems it necessary, take minutes stating the main
points of the hearing and ask the parties and/or their attorneys, witnesses and/or other persons involved to sign their names and/or affix their seal to the written record. The record in writing or by video is only for use and reference of the arbitral tribunal.

During the hearing over a domestic dispute, the arbitral tribunal shall make a written record of the hearing. Any party or participant in the arbitration may apply for correction if any omission or mistake is found in the record of his own statement. If the arbitral tribunal refuses to correct, such application shall nevertheless be recorded. The record shall be signed or sealed by the arbitrator(s), recorder(s), parties and other persons involved in the arbitration.

Evidence

The Claimant and the Respondent shall produce evidence for the facts on which their claim, defense or counterclaim is based. The arbitral tribunal may undertake investigation and collect evidence on its own initiative if it deems it necessary. If the arbitral tribunal investigates and collects evidence under its own initiative, it shall punctually inform the parties to be present at the investigation if it deems it necessary. Should one party or both parties fail to be present, the investigation and collection of evidence shall by no means be affected.

The arbitral tribunal may consult an expert or appoint an appraiser for the 
clarification of special issues relating to the case. In this case the parties are obliged to submit or produce to the expert or appraiser any materials, documents, properties or goods related to the case for check-up, inspection or appraisal. The parties may engage experts to be present at the hearing to make witness on its own initiative.

The expert's report and the appraiser's report shall be copied to the parties so that the parties may have the opportunity to comment on it. At the request of any party to the case and with the approval of the arbitral tribunal, the expert and appraiser may be present at the hearing and give explanations of their reports when the arbitral tribunal deems it necessary and appropriate.

The admission of any evidence, including the evidence submitted by the parities, the expert's report, and the appraiser's report, shall be decided upon by the arbitral tribunal after examination. The arbitral tribunal has the right to determine the relevance, importance and effectiveness of the evidence.

Interim Measures

To ensure the smooth administration of the arbitration proceedings and the enforcement of the awards, the parties may apply for interim measures of protection in relation to property and evidence. A party should apply in 
writing to the CIETAC for the preservation of property and/or the protection of evidence. The CIETAC shall forward the party's application to the competent people's court in the place where the domicile of the party against whom the interim measures are sought is located, or in the place where the property and/or the evidence is located. The CIETAC is only responsible for forwarding the application. The people's court, in accordance with the law, will decide whether or not the interim measures can be taken.

Award

In ordinary procedure, the arbitral tribunal shall render an arbitral award within 6 months (in foreign-related cases) or 4 months (in domestic cases) from the date on which the arbitral tribunal is formed. In summary procedure, the arbitral tribunal shall make an award within 3 months from the date on which the arbitral tribunal is formed. At the request of the arbitral tribunal and with the approval of the Secretary-General of the CIETAC, the time limit of rendering an arbitral award may be extended.

The arbitral award shall be decided by the majority of the arbitrators. When the arbitral tribunal cannot reach a majority opinion, the arbitral award shall be decided in accordance with the presiding arbitrator's opinion. A written dissenting opinion shall be docketed into the file and may be attached to the award, but it shall not form a part of the award.

According to the CIETAC Arbitration Rules, the arbitral tribunal shall submit its draft arbitral award to the CIETAC before signing it and the CIETAC may remind the tribunal of the issues in the award on the condition that the tribunal's independence of decision is not affected. The scrutiny of arbitral awards may assist in ensuring the high quality of the CIETAC arbitration and enforceability of arbitral awards worldwide.

The date on which the arbitral award is made is the date on which the arbitral award comes into effect.

The arbitral award is final and binding upon both parties. Neither party may bring a suit before a court of law or make a request to any other organization for revising the arbitral award.

Dispute Resolution Services for Specific Business Sectors

Financial Dispute Resolution

On May 8, 2003, the CIETAC issued its Financial Disputes Arbitration Rules, which shall apply to cases upon the parties' agreement. The Rules have provided a more expeditious and professional method for resolving financial disputes.

■Over 100 experts and distinguished figures are listed in the CIETAC's Panel of Financial Arbitrators. 

■Unless otherwise agreed by the parties, the arbitral tribunal shall render an arbitral award within 45 working days from the date on which the arbitral tribunal is constituted. At the request of the arbitral tribunal, the Secretary-General of the CIETAC may extend the time limit as needed. However, the extension may not exceed 20 working days.

■The arbitration fee charged under the Financial Disputes Arbitration Rules is much lower than that in other arbitration cases before the CIETAC.

Construction Dispute Resolution

In order to provide dispute resolution advice and services to the enterprises, organizations and natural persons in the area of project construction, the CIETAC and the Construction Industry Association of China jointly founded the CIETAC Construction Professional Committee. 

■The CIETAC has established a Panel of Arbitrators in Construction, Land & Building Transactions, which shall apply to construction, land and building transaction disputes and other related arbitration cases.

■Apart from the dispute resolution by means of arbitration, the CIETAC also provides adjudication services for parties in the field of construction, which offers timely dispute resolution according to the features of the construction sector .

Domain Name Dispute Resolution

The CIETAC Domain Name Dispute Resolution Center was established in 2000 and devotes itself to providing alternative dispute resolution (ADR) services in the areas of intellectual property and information technology. The Center has formulated separate procedural rules for the .cn domain name, and generic top-level domain name dispute resolution services. It maintains a Lists of Panelists, and implements a system whereby the Panel of Neutrals is responsible for the resolution of disputes. Equipped with modernized working facilities, advanced scientific management system, and a separate service website, the Center can perform domain name dispute resolution proceedings online. 

Currently, the Center provides the following dispute resolution services in intellectual property and internet domains in cyberspace:

■as the provider appointed by the China Internet Network Information Center (CNNIC), the Center is providing dispute resolution services for disputes regarding .cn domain names, Chinese-character domain names, and generic websites managed and maintained by the CNNIC. 

■as the Beijing Office of Asian Domain Name Dispute Resolution Center (ADNDRC), which is one of the four main domain name dispute resolution providers approved by the Internet Corporation for the Assignment of Names and Numbers (ICANN), the CIETAC Domain Name Dispute Resolution Center is also providing domain name dispute resolution services for disputes regarding generic top-level domain names (gTLDs) such as .com, .net and .org.

■as the provider appointed by the China Mobile Communications Association (CMCA), the Center is also providing dispute resolution services for disputes regarding short message websites.

Leather Dispute Resolution

To provide arbitration services to parties in the leather trade, the CIETAC and the China Leather Industry Association jointly founded the CIETAC Leather Professional Committee and have established a Panel of Arbitrators in the Leather Industry.

Grain Dispute Resolution

To meet the demands for dispute resolution in the grain trade, the CIETAC, China National Association of Grain Sectors and the CCPIT Grain Sub-council have jointly founded the CIETAC Grain Sectors Arbitration Center. This center resolves contractual and non-contractual disputes involving grain trade by means of arbitration. At the same time, it also provides legal advice and training for enterprises, companies and natural persons in grain trade.

China Maritime Arbitration Commission (CMAC)

The China Maritime Arbitration Commission (CMAC) is another arbitration institution established within the China Council for the Promotion of International Trade (CCPIT), which resolves domestic and international maritime disputes arising from transportation, production and navigation by or at sea, in coastal waters and other waters adjacent to the sea.

The CMAC headquarters is in Beijing and it also has a Sub-Commission in Shanghai. The Fishery Dispute Resolution Center and the Logistics Dispute Resolution Center have been recently established within the CMAC to meet the parties' demand. In addition, the CMAC has four liaison offices respectively in Dalian, Tianjin, Ningbo and Guangzhou.

Facilities and Services

The CIETAC headquarters and Sub-Commissions enjoy comfortable, modern, and well-equipped working environments. The facilities and services available include:

■hearing rooms;

■arbitrators' meeting rooms and lounges;

■parties' lounges;

■reception rooms;

■secretariat's offices;

■systems for the computerized management of arbitration cases;

■telecommunication facilities including facsimiles, digital telephones, Email and Internet access;

■interpretation and translation services;

■extensive references and information services; and

■typing, word-processing, copier, and audio-visual equipment.

Throughout CIETAC arbitration proceedings, the professional staff members of the Secretariat at both the CIETAC Headquarters and Sub-Commissions are always ready to provide expert assistance and quality service to the arbitrators and parties.

Nationwide Service Network

The CIETAC has its headquarters in Beijing, two sub-commissions in Shanghai & Shenzhen and 19 liason offices across China.

China International Economic and Trade Arbitration Commission

China International Economic and Trade Arbitration Commission
South China Sub-Commission

China International Economic and Trade Arbitration Commission 
Shanghai Sub-Commission

Beijing Office Jilin Office Jiangsu Office Zhejiang Office Hubei Office

Shandong Office Qingdao Branch of Shandong Office Xinjiang Office Henan Office

Tianjin Office Chengdu Office Chongqing Office Dalian Office Fuzhou Office

Changsha Office Hebei Office Electronics & Information Industry Office

Guangxi Office Shaanxi Office Heilongjiang Office

Contracting States of The NewYork Convention of 1958

A
Afghanistan
Albania
Algeria
Antigua and Barbuda 
Argentina 
Armenia 
Australia 
Austria
Azerbaijan 
B
Bahrain 
Bangladesh 
Barbados 
Belarus 
Belgium 
Benin 
Bolivia 
Bosnia and Herzegovina 
Botswana 
Brazil 
Brunei Darussalam 
Bulgaria 
Burkina Faso
C
Cambodia 
Cameroon 
Canada 
Central African Republic 
Chile 
China 
Colombia 
Costa Rica 
Cote d'Ivoire 
Croatia 
Cuba 
Cyprus 
Czech Republic
D
Denmark 
Djibouti 


Dominica
Dominican Republic
E
Ecuador 
Egypt 
El Salvador 
Estonia
F
Finland 
France 
G
Georgia 
Germany 
Ghana 
Greece 
Guatemala 
Guinea
H
Haiti 
Holy See
Honduras 
Hungary 
I
Iceland
India
Indonesia 
Iran
Ireland 
Israel 
Italy
J
Jamaica
Japan 
Jordan
K
Kazakhstan 
Kenya 
Kuwait 
Kyrgyzstan



L 
Lao People's Democratic Republic
Latvia 
Lebanon 
Lesotho 
Lithuania 
Luxembourg
M
Madagascar 
Malaysia 
Mali 
Malta
Mauritania 
Mauritius 
Mexico 
Monaco 
Mongolia 
Morocco
Mozambique 
N
Nepal
Netherlands 
New Zealand
Nicaragua 
Niger 
Nigeria 
Norway 
O
Oman 
P
Pakistan 
Panama
Paraguay 
Peru 
Philippines 
Poland 
Portugal
Q
Qatar



R
Republic of Korea
Republic of Moldova 
Romania 
Russian Federation 
S
Saint Vincent and the Grenadines
San Marino 
Saudi Arabia 
Senegal 
Serbia and Montenegro
Singapore 
Slovakia 
Slovenia 
South Africa 
Spain 
Sri Lanka 
Sweden 
Switzerland 
Syrian Arab Republic
T
Thailand 
The former Yugoslav Republic of Macedonia 
Trinidad and Tobago 
Tunisia 
Turkey
U
Uganda 
Ukraine 
United Kingdom 
United Republic of Tanzania 
United States of America 
Uruguay 
Uzbekistan 
V
Venezuela 
Vietnam 
Z
Zambia
Zimbabwe