China 2 September CIETAC Arbitration proceeding (Freezing units The Arbitration Rules of the Arbitration Commission [hereinafter, the. China 21 February CIETAC Arbitration proceeding (Equipment case) The Arbitration Rules of the Arbitration Commission [hereafter, the. Arbitration International, Volume 21, Issue 3, 1 September , Pages The revised CIETAC Arbitration Rules (the ‘New Rules’), which came.
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According to Articles 53 and 54 of CISG, the buyer shall pay the contract price and receive the goods according to the contract; the buyer’s duty of payment shall be performed according to the contract and the relevant law.
On 4 Junethe [Seller] notified the [Buyer] that one of the freezer units was damaged, caused by an accident, and therefore, the units under the Contract could not be loaded for delivery before the deadline stipulated in the Contract.
A guide to the CIETAC Arbitration Rules () | Practical Law
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. The arbitral tribunal has the power to fix in the cietacc the specific time period for the parties to perform the award and the arbitratuon for failure to do so within the specified time period.
Article 64 Context Reference. If you originally registered with a username please use that to sign in. In view of the above analysis and judgments, the Arbitration Tribunal hands down the following award:.
The Applicant shall advance the costs for the Emergency Arbitrator Procedures. Article 4 Place of the Emergency Arbitrator Proceedings. Article 72 Context Reference. Unless the arbitral award is made in accordance with the opinion of the presiding arbitrator or the sole arbitrator and signed by the same, the arbitral award shall be signed by a majority of the arbitrators.
Where either the Claimant side or the Respondent side fails to jointly nominate or jointly entrust the Chairman of CIETAC to appoint one arbitrator within fifteen 15 days from the date of its receipt of the Notice of Arbitration, the Chairman of CIETAC shall appoint all three members of the arbitral tribunal and designate one of them to act as the cjetac arbitrator.
The registration fee is not refundable. The [Seller] also explained in writing the matter of the modification of the Contract number, stating that Contract No.
The power of the emergency arbitrator and the emergency arbitrator proceedings shall cease on the date of the formation of the arbitral tribunal.
It is neither fair nor reasonable for a foreign trade company which is only earning a little amount of commission. The provisions of this Chapter shall apply to domestic arbitration cases. Under all circumstances, the arbitral tribunal shall act impartially and fairly and shall afford a reasonable opportunity to both parties to present their case.
An arbitration agreement is in writing if it is arbitratoon in the tangible form of a document such as a contract, letter, telegram, telex, fax, electronic data interchange, or email. Thereafter, the hearing was postponed to 2: Either party may, within thirty 30 days from its receipt of the arbitral award, request the arbitral tribunal in writing for an additional award on any claim or counterclaim which was advanced in the arbitral proceedings but was omitted from the award.
Chapter IV Eules Procedure.
The Respondent shall file a counterclaim, if any, in writing within forty-five 45 days from the date of its receipt of the Notice of Arbitration. As to the modification of the payment terms, the [Seller] explained as follows:. 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 arbitratuon involved.
Article 71 Time Period for Rendering Award. Citing articles via Google Scholar. A party may challenge an arbitrator in writing within fifteen 15 days from the date it receives the Notice of Formation of the Arbitral Tribunal. Except for the Contracts in this case, all other contracts had been fully performed.
A guide to the CIETAC Arbitration Rules (2005)
According to the Contracts, the [Buyer] is not obligated to make payment to the [Seller] when one condition is not satisfied. The price for each unit included the relevant service fee.
The price of the abovementioned freezer units shall be paid according to Article 9 of the Contract, which stipulates:. All arbitration documents from the parties shall be submitted to the Arbitration Court.
CIETAC Arbitration Rules
From 10, to 20, Evidence collected by the arbitral tribunal through its investigation shall be forwarded to the parties for their comments. The [Seller] alleged that the [Buyer] failed to perform its duty to make the payment under the Contracts, which constituted a fundamental breach; therefore, the [Buyer] should bear liabilities for its breach. Latest Most Read Most Cited Principles of interpretation of contracts under English law and their application in international arbitration.
In this case, if the end user is that alleged by the [Seller], the [Buyer] would face severe hardship to make payment to the [Seller]. The Arbitration Tribunal finds that the Principles are neither an international convention, nor did the parties stipulate the Principles in the Contract, and therefore, it lacked either legal or contractual grounds for the Arbitration Tribunal to consider the case according to the Principles; however, the Arbitration Tribunal could refer to the Principles.
Article 80 Context Reference. These Contracts obligated the [Buyer] to purchase imported equipment from the [Seller]. SJI concluded by the parties, was changed to No.
Article 24 Duties of Arbitrator.