Trade Disputes in China
- China has several institutions for arbitration such as China International Economic and Trade Arbitration Commission ( CIETAC). Only litigations containing an "external element" can be arbitrated outside China.
- Arbitration Law
- Arbitration law inspired from the CNUDCI model
- Conformity to International Commercial Arbitration Rules
- Party to the
New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
- Appointment of Arbitrators
- The arbitration court comprises three arbitrators except for claims for an amount lower than 500000 RMB or if the parties can settle it otherwise. Each party can appoint an arbitrator or authorise the president of the CIETAC to name an arbitrator.
- Arbitration Procedure
- The official language is Chinese (except decision expressed by the parties). Arbitration can begin only after the plaintiff has lodged a request with the secretariat of the arbitration committee. The opposing party will have to present its written defense and evidence. An attempt at conciliation will be initially made. The court of arbitration will have to deliver its sentence in the 6 months following the date of constitution of the arbitration court. The final decision made by the court of arbitration is final, obligatory for the 2 parties and irrevocable. For more information, see the CIETAC site.
- Permanent Arbitration Bodies
Center of Intellectual Property arbitration (Sectors Covered: Intellectual Property)
International Economic and Commercial Arbitration Commission (CIETAC) (Sectors Covered: Economic and commercial)
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