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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It is not true as the [Buyer] claimed that “its knowledge of the goods was only based on the [Seller]’s introduction. Accordingly, it should have paid full attention to the elements of natural gas. If this allegation were true, the [Seller] as a professional manufacturer should have paid special attention to such problems, and should have improved design and paid attention during the process of testing and adjusting.
On 30 Decemberthe [Buyer] submitted a written request to change the Chief Arbitrator.
CIETAC arbitration (2005 Rules): flowchart
Article 60 Conduct of Hearing. Article 23 Conservatory and Interim Measures. Pursuant to Article 46 2 of the Arbitration Rules, which stipulate that the Arbitration Tribunal may order the losing party to pay the winning party reasonable expenses incurred due to the subject case, the Arbitration Tribunal sustained the [Buyer]’s request for the attorneys’ fees of RMB 68, Where the arbitral tribunal has not yet been formed, the decision shall be made by the President of the Arbitration Court.
The Heat transfer oil furnace is categorized as a furnace. Article 39 1 CISG states:. Upon a reasoned request of a party, the emergency arbitrator or the arbitral tribunal to be formed may modify, suspend or terminate the decision. If the application is refused by the arbitral tribunal, it shall nevertheless be recorded and kept with the file. The emergency arbitrator may order the provision of appropriate security by the party seeking the emergency relief as the precondition of taking emergency measures.
When the explosion occurred, the [Seller] should bear the burden of proof regarding whether the quality of the natural gas had been satisfied when inspected. The Arbitral Tribunal checked all the copies of the documents, tickets and the receipts of the hotels. The arbitral tribunal shall be formed in accordance with the provisions of Articles 25, 26, 27, 28, 29 and 30 of these Rules.
This demonstrated that the [Buyer] had confidence in the quality of the burning system, which was a main part of the Heat transfer oil furnace.
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. Upon the written application of a party, CIETAC shall accept a case in accordance with an arbitration agreement concluded between the parties either before or after the occurrence of the dispute, in which it is provided that disputes are to be referred to arbitration by CIETAC.
Article 30 Considerations in Appointing Arbitrators. Such additional award shall form a part of the arbitral award and shall be subject to the provisions in Paragraphs 4 to 9 of Article 49 ciietac these Rules.
CIETAC Current Arbitration Rules-China International Economic and Trade Arbitration Commission
Therefore, it lacked legal or factual basis for the [Buyer] to claim damages or request compensation. Rukes party having justifiable doubts as rulfs the impartiality or independence of an arbitrator may challenge that arbitrator in writing and shall state the facts and reasons on which the challenge is based with supporting evidence.
However, after signing the memorandum, the [Buyer] did not pay any amount and requested to postpone the payment cietsc and again. The reasons that the [Buyer] claimed the right to modify the contract are: The variation of the furnace and the computer control records are for the period of 7: In the court session the [Seller] alleged several times that some explosion accidents in other factories were caused by natural gas.
After the conclusion of the contract on 29 Septemberthe [Buyer] did not satisfy its obligation of payment according to article 9 of the contract. During the eight days’ testing and adjusting, the furnace did not explode. Chapter I General Provisions.
From 40, to , In sum, the [Seller] objected to all of the [Buyer]’s requests. Within a reasonable time after the award is made, the arbitral tribunal may, on its own initiative, make corrections in writing of any clerical, typographical or calculation errors, or any errors of a similar nature contained in the award. The [Buyer] intended to purchase a Heat transfer oil furnace which satisfied the quality ruules data requirements.
For a case examined by way of an oral hearing, after the arbitral tribunal has fixed a date for the first oral hearing, the parties shall be notified of the date at least fifteen 15 days in advance of the oral hearing.
The presiding arbitrator or the sole arbitrator shall be nominated in accordance with the procedures stipulated in Paragraphs 2, 3 and 4 of Article 27 of these Rules. The arbitral tribunal shall examine the case in any way it deems appropriate unless otherwise agreed by the parties. Where there is no monetary claim or the amount in dispute is not clear, CIETAC shall determine whether or not to apply the Summary Procedure after full consideration of relevant factors, including but not limited to the complexity of the case and the interests involved.
The furnace that is the subject of the Contract exploded on 29 September when the [Seller] tested and adjusted it. If the Claimant has justified reasons to request an extension of the time period, the arbitral tribunal shall decide whether to grant such an extension. Although the furnace did not run normally, it did not explode. Where a case is to be dismissed before the formation of the arbitral tribunal, the decision shall be made by the President of the Arbitration Court.
The Chairman of CIETAC shall make a final decision on whether or not an arbitrator should be replaced with or without stating the reasons.
CISG CASE PRESENTATION
The [Buyer] neither mentioned the memorandum of 29 September in its arbitration application on 2 Julynor did [Buyer] submit a copy of the memorandum with the attached documents of the arbitration application. A case may be dismissed if the claim and counterclaim have rulee withdrawn in their entirety. Where no inspection period was prescribed, the buyer shall timely inspect the subject matter. Until then, the [Buyer] had already used the tules for more than four cietacc.
Unless otherwise agreed by the parties, the arbitral tribunal has the power to order appropriate interim measures at the request of a party. According to the facts mentioned above, it is the [Seller]’s position that the behavior of the [Buyer] violated the contract and harmed the [Seller]’s contractual interests.