ARTICLE
9 December 2014

China Arbitration Update: New CIETAC Rules Effective January 1, 2015

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Sheppard Mullin Richter & Hampton

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Sheppard Mullin is a full service Global 100 firm with over 1,000 attorneys in 16 offices located in the United States, Europe and Asia. Since 1927, companies have turned to Sheppard Mullin to handle corporate and technology matters, high stakes litigation and complex financial transactions. In the US, the firm’s clients include more than half of the Fortune 100.
The China International Economic & Trade Arbitration Commission (CIETAC) approved a new set of arbitration rules effective on January 1, 2015.
China Litigation, Mediation & Arbitration

The China International Economic & Trade Arbitration Commission (CIETAC) approved a new set of arbitration rules effective on January 1, 2015. The 2015 CIETAC Rules include a number of important updates and revisions that bring CIETAC arbitration proceedings closer in line with international arbitration practices. The revisions include the following:

  • Establishment of an Arbitration Court to take over case management role from CIETAC's Secretariat (Article 2)
  • "Notarized service" considered "deemed service" (Article 8)
  • Use of single arbitration under multiple contracts (Article 14)
  • Joinder of third parties (Article 18)
  • Provisions providing for compulsory consolidation of cases (Article 19)
  • Presiding arbitrator's right to decide on procedural matters alone (Article 35)
  • Summary procedure amount in controversy raised from RMB 2 million ($325,000) to RMB 5 million (US$810,000) (Article 56)
  • Addition of special provisions for Hong Kong arbitration matters including a special fee schedule (Articles 73-80)
  • Arbitrator compensation to allow for deposits for international arbitrators (Article 82)

For more information about dispute resolution in China, download the Sheppard China Primer Series, Dispute Resolution 2015

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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