Cietac ethical rules for arbitrators

Code of Ethics for Arbitrators in Commercial Disputes

Where the tribunal is made up of three arbitrators, the presiding arbitrator should be jointly appointed by the parties or, absent their agreement, by the Chairman of CIETAC.

Offering other dispute resolutions services in accordance with the agreement of the parties; 3. The Rules apply to arbitrations commenced on or after 1 January and may also be applied to arbitrations commenced prior to that date, where all the parties agree.

By contrast, such agreement is required under the general provisions see Art.

Construction and Infrastructure

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Refusal to enforce a foreign-related award must be approved by the Supreme People's Court. We are not responsible for the data collection and use practices of such other sites. In practice, foreign counsel can team with lawyers from their own Chinese offices, if any, and also work collaboratively with local Chinese firms on application of Chinese law to the facts and also when it is necessary to seek relief of some sort in Chinese courts.

Export Impact For Good

It not only encourages dispute resolution but also helps to maintain friendship and cooperation between the parties. The aim of the office is "to conciliate foreign-related economic and trade disputes in the special zone and to take cognizance of arbitration application for the Foreign Economic and Trade Arbitration Commission.

In the Hong Kong Arbitration Centre, arbitration fees can be charged in terms of the Schedule IIIunder which the minimum and maximum arbitrator fees are set forth, and special fees may be given to exceed the upper limit set forth therein.

Fundamentals Of Arbitrating Before CIETAC

If you believe that your log-in credentials have been compromised, please contact us at privacy jdsupra. Unless a period of time has elapsed sufficient to negate any appearance of a conflict of interest, an Arbitrator should not accept a gift or item of value from a Party to a completed Arbitration, except that this provision does not preclude an Arbitrator from engaging in normal, social interaction with a Party, insurer or counsel to an Arbitration once the Arbitration is completed.

This process is governed by the rules of the applicable arbitration institution. Can the parties set the rules on disclosure by agreement. Can it be kept confidential.

Ethical Rules for International Arbitrators - 7

This was an attempt to deal with the risk of inconsistent decisions from lower courts as to the validity of arbitration agreements providing for CIETAC Shanghai or Shenzhen arbitration and the enforceability of arbitration awards issued by the breakaway institutions.

In addition, if the court, having accepted the application to set aside the arbitral award, considers that there can be a re-arbitration of the case, it can notify the arbitral tribunal to re-arbitrate within a certain period and the court proceedings will be suspended.

Has any interest in the arbitration. According to the newsletter issued at that time and the Arbitration Rules, the Arbitration Court will be in charge of the administration of arbitration cases, while the Secretariat will be responsible for the public services provided under Article 19 of the Charter of CIETAC.

code and rules that contain certain ethical obligations. For example, the American Arbitration Association is a party to and requires its arbitrators to adhere to the ethical. Arbitrator ethical guidance may be found in sources in addition to the Code, such as portions of the Revised Uniform Arbitration Act, and the rules and standards of various domestic and international institutional arbitration administrative bodies.

Arbitration

on CIETAC’s arbitration services and hold new expectations” about the arbitration process. Accordingly, the Revised Rules are designed “to better satisfy users in this new economic environment and preserve CIETAC’s dominant position in the arbitration services market.” 3. International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface.

Globalization of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent.

New CIETAC Arbitration Rules enter into force in CIETAC (China International Economic and Trade Arbitration Commission) has again revised its Arbitration Rules following the last amendment in

Cietac ethical rules for arbitrators
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New CIETAC Arbitration Rules