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.
|Published (Last):||24 June 2011|
|PDF File Size:||11.88 Mb|
|ePub File Size:||14.43 Mb|
|Price:||Free* [*Free Regsitration Required]|
The facts of the dispute and the reasons on which the award is based may not be stated in the award if the parties have so agreed, or if the award is made in accordance with the terms of a settlement agreement between the parties. According to article 3 of the memorandum signed on 29 Septemberthe [Seller] sent two engineers to the [Buyer]’s factory, fixing, testing, inspecting and training, for ten days in all. The Arbitral Tribunal holds that, according to the provisions in the Contract Law of the People’s Republic of China, the goods delivered by the [Seller] should be regarded as conforming xietac the contract; according to the provisions of the CISG, it should be regarded that the [Buyer] has lost the right to rely on a lack of conformity of the goods.
Until then, the [Buyer] had already used the goods for cietwc than four years.
CIETAC Current Arbitration Rules-China International Economic and Trade Arbitration Commission
Thereafter, on that same day, the [Buyer], which was entrusted by AAA, executed the Contract with the [Seller] that is the subject of this case.
The Center is authorized by law to inspect furnace accidents and issue accident inspection certificates. The [Buyer] got full knowledge of the goods through these methods.
cietsc Xicheng District, Beijing,P. The arbitral tribunal shall be composed of one or three arbitrators. On 20 Aprilthe [Buyer] asked the South China Sub-Commission to hold a second hearing since it had been unable to state its arbitration claims sufficiently at the first court session.
The furnace exploded when the [Seller] tested and adjusted it.
The [Seller] also alleged in its defense dules the contract between the parties was valid and effective and that the [Buyer] must perform its obligation without modification. These two opinions have been sent to the [Buyer]. However, the contract does not stipulate the specific method to calculate such interest. The [Buyer] alleged that the [Seller]’s counterclaims are based on the fact that the contract ML is 20005, valid and effective and that the contract has been actually performed.
In such a case, a Power of Attorney shall be forwarded to the Arbitration Court by the party or its authorized representative s. Later, as the [Seller] filed a counterclaim, the [Buyer] requested a postponement of the hearing for preparation rulles its documents of defense. The Arbitral Tribunal noted that it was because the [Buyer] breached the contract that the remaining amount was unpaid and overdue. When riles furnace exploded during the process of testing and adjusting, the [Seller] should bear the burden of proof regarding the inspection result.
The [Buyer] does not have the right to claim that the goods do not conform to the contract.
CIETAC Arbitration Rules
A party may be deemed to have withdrawn its claim or counterclaim if the arbitral proceedings cannot proceed for reasons attributable to that party. The [Buyer] paid twice according to the memorandum. If the Respondent has justified reasons to request an extension of the time period, the arbitral tribunal shall decide whether to grant an extension.
If the Claimant fails to appear 20055 an oral hearing without showing sufficient cause, or withdraws from an on-going oral hearing without the permission of the arbitral tribunal, the Claimant may be deemed to have withdrawn its application for arbitration.
The arbitral tribunal has the power to decide in the arbitral award, having regard to the circumstances of the case, that the losing party shall compensate the winning party for the expenses reasonably incurred by it in pursuing the case.
Each party’s representatives appeared in the court session, and stated their opinion and facts, presented evidentiary material and submitted pertinent evidence, answered the Arbitration Tribunal’s questions, and made arguments regarding pertinent facts and law. If the buyer fails to notify within a reasonable period or fails to notify within two years, commencing on the date when it received the subject matter, the quantity or quality of the subject matter is deemed to comply with the contract, except that if there is a warranty period in respect of the subject matter, the warranty period applies and supersedes such two-year period.
The [Buyer] cannot provide any evidence to prove this allegation. Article 1 Cietqc Arbitration Commission. Such written opinions shall not form a part of the award. However, the party shall communicate such request in writing to the arbitral tribunal within five 5 days of its receipt of the notice of the oral hearing. Based on the vietac verified in the court session and all written material, the Arbitration Tribunal entered this award by consent.
CIETAC arbitration ( Rules): flowchart | Practical Law
The arbitral tribunal shall decide whether to suspend or resume the arbitral proceedings. Written Application for Ar After the conclusion of the contract on 29 Septemberthe [Buyer] did not satisfy its obligation of payment according tules article 9 rulee the contract.
The cases referred to in the preceding paragraph include: The Furnace and Container Pressure Inspection Center was not an agency designated by law to inspect furnace accidents. A month after the [Buyer] and the [Seller] signed the contract, the [Seller] claimed that it had a cierac metal production system” available at the exhibition in Beijing and asked to use this system to make the delivery in Beijing. Article 68 Defense and Counterclaim.
There is no legal basis for the [Buyer] to claim for the modification of the contract. Unless otherwise agreed by the parties, the Chairman of CIETAC shall appoint a sole arbitrator to form such an arbitral tribunal, which shall examine the case in a procedure it considers appropriate and render an award in due course.
CISG CASE PRESENTATION
rhles The arbitral tribunal may undertake investigation and collect evidence as it considers necessary. As to the Import Agency Agreement, the [Seller] asserted that because it was not a party of this Agreement, it could not verify the truthfulness of the Gules, and furthermore, it was not relating to this case.
Article 53 Correction of Award. The Contract was an international trade contract. In addition, the [Buyer] failed to request the inspection agency as cuetac in the Contract to inspect the furnace and determine whether it had quality defects. The [Seller] failed to adjust and test the furnace to normal operation. Article 66 Acceptance of a Case. As the [Seller] repeated verified in the court session, the cause of the explosion had not been found.
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.
The contract was written in Chinese and English and was concluded by both parties’ signatures. Before cietad process of testing and adjusting rulee furnace, the [Seller]’s engineer and staff fully inspected the facilities and equipments, and did not raise any issue regarding the natural gas, pressure, filter, etc. After the explosion of the furnace, the [Buyer] immediately requested the China Entry-Exit Inspection and Quarantine Bureau the “Bureau” to conduct an inspection.
After the court session, each party submitted its Attorneys’ Opinion to the Arbitration Tribunal and evidentiary material, and also filed a written opinion cross-examining the evidence.