CIETAC RULES 2005 PDF

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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.

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The [Seller] contended that the only possible cause of the explosion was that the gas contained liquid lighter hydrocarbon. A notice of a subsequent oral hearing, a notice of a postponed oral hearing, as well as a request for postponement of such oral hearing, shall not be subject to the time periods specified in the preceding Paragraph 1.

Article 33 Rrules of Arbitrator. During the cross-examination, cietav [Seller] did not object to the Technology Agreement. On 26 MarchXinjiang Entry-Exit Inspection and Quarantine Bureau “Xinjiang Bureau” determined that the [Seller] should be held liable for the explosion because the [Buyer] did not act negligently or wrongfully. The contracts in this case did not identify the laws by which the contracts would be governed and construed in the event of disputes.

The reasons that the [Buyer] claimed the right to modify the contract are: 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.

CIETAC arbitration ( Rules): flowchart | Practical Law

Therefore, the [Buyer]’s request to modify the contract should be dismissed. The date on which the Arbitration Court receives the Cietav for Joinder shall be deemed to be the date of the commencement of arbitration against the additional party.

Why had not the furnace exploded during the eight days’ use of the nature gas, but did explode on the ninth day due to the natural gas? Article 78 Seal on Award. The [Seller] as a professional company should know the technical specifications of the goods, and should operate the furnace according to the Operation Instructions, and should bear the duty to inspect all factors relating to the cirtac and adjusting, including elements of the gas, pressure, etc.

CIETAC Arbitration Rules | Practical Law

When filing the counterclaim, the Respondent shall specify the counterclaim in its Statement of Counterclaim and state the facts and grounds on which the counterclaim is based with the relevant documentary and other evidence attached thereto. The [Seller] shall provide the modes for free. When filing the counterclaim, the Respondent shall pay an arbitration fee in advance in accordance with the Arbitration Fee Schedule of CIETAC within a specified time period, failing which the Respondent shall be deemed not to have filed any counterclaim.

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More fietac, the explosion cjetac during the [Seller]’s testing and adjusting process. According to article 72 of Opinion of the Supreme People’s Court on Several Issues concerning the Implementation of the General Principles of the Civil Law of the People’s Republic of China, a contract is grossly unconscionable if “one party made use of his dominant position in the technology and information or lack of experience of the other party and thereby caused the violation of the principle of fairness and xietac.

The arbitral tribunal may specify a time period for the parties to produce evidence and the parties shall produce evidence within the specified time period. Unless otherwise agreed by the parties, the arbitral tribunal may adopt an inquisitorial or adversarial approach in hearing the case having regard to the circumstances of the case.

It was unjustified that the [Seller] doubted the Bureau’s qualification, when the Inspection Certificate issued by the Bureau was against the [Seller]. The explosion caused the [Buyer]’s purpose of the Contract to be frustrated. Article 14 Assurance of quality: As the [Seller] repeated verified in the court session, the cause of the explosion had not been found. Therefore, the CISG will be applied to settle the disputes in connection with the contracts except for reservation articles declared by cidtac two countries.

CISG CASE PRESENTATION

S as arbitrator and Mr. The time period for the additional party to submit its Statement of Defense and Statement of Counterclaim shall start counting from the date of its receipt of the Notice of Joinder. Article 51 Scrutiny of Draft Award.

Article 9 Good Faith. A case may be dismissed if the claim and counterclaim have been withdrawn in their entirety. 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. This fee schedule applies to arbitration cases accepted under Item a and bParagraph 2 of Article 3 of the Arbitration Rules.

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As the [Buyer] is located in West China and developed from a small enterprise, whose principals do not know Japanese or English, the [Buyer] accepted the [Seller]’s request because of the urgency and only based on the [Seller]’s introduction.

Secondthe [Seller] does not have a “so-called” dominant position of technology and information. Tianjin Economic-Technological Development Zone. In such a case, a Power of Attorney shall be forwarded to the Arbitration Court by the party or its authorized representative s. Such written ccietac shall not form a part of the award.

Article 22 of the Contract stipulated that “the Appendix of the Contract is an indivisible part of the Contract and has the equal validity with the Contract;”. However, the party shall communicate such request rjles writing to the arbitral tribunal within five 5 days of its receipt of the notice of the oral hearing.

CIETAC arbitration (2005 Rules): flowchart

The challenge by one party shall be promptly communicated to the other party, the arbitrator being challenged and the other members of the arbitral tribunal. Though the [Seller] has asked many times, the [Buyer] has not paid the remaining amount. The [Seller] shall provide the [Buyer] the Foundation drawings within two weeks after the conclusion of the contract.

The [Seller] would fulfill its contractual obligations only when it completed its duty of adjusting and testing, warranty, training and delivering complying goods pursuant to the Contract. The Arbitration Tribunal also noted that the Technology Agreement and the Contract were executed on the two consecutive days, and the parties did not object to the fact that the Agreement and the Contract were signed for the same subject matter, and that the [Buyer] signed the Contract as the agent of AAA.

Article 48 Time Period for Rendering Award.

After the oral hearings, the [Buyer] submitted a supplemental statement to the Arbitral Tribunal on 30 Decemberdefending against the [Seller]’s counterclaims. The reason the [Buyer] signed the Contract was to purchase a Heat transfer oil furnace which satisfied the quality and data requirements, not simply the equipment itself.

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