| Presentation | The China International Economic and Trade Arbitration
Commission (CIETAC) was established in 1954 within the China
Council for the Promotion of International Trade to settle, by
means of arbitration, disputes arising from economic and trade
transactions, contractual or non-contractual and particulary
disputes between foreign firms or companies on the one hand and
Chinese firms or companies. In line with an increase of caseload,
CIETAC has set up two sub-commissions in Shenzhen and Shanghai. The
two sub-commissions are an integral part of CIETAC: 17/F, 59
Shennan Zhong Road Shenzhen 518031 People's Republic of China
Telephone: (86 755) 336 5877 / 336 5885 Facsimile: ( 86 755) 336
4776 Shanghai Commission 33, Zhongshan Road (E.1) Shanghai People's
Republic of China Telephone: (86 21) 6329 5443 / 6323 3710
Facsimile: (86 21) 6329 1442 / 6329 5332 Web Link:
http://www.arbitration.co.nz/apec/china/institutions.htm The above
are all subordinate sections of the China Council for the
International Trade (CCPIC). The Foreign Trade Arbitration
Commission established in 1954, renamed the "Foreign Economic and
Trade Arbitration Commission" in 1980, and then renamed again as
CIETAC in 1998. |
| Functions | The Arbitration Commission has for its functions to resolve
through arbitration disputes arising from economic and trade
transactions, contractual or non-contractual, involving, in
particular foreign enterprises or enterprises with foreign
investment, on the one hand, and Chinese physical or legal persons,
on the other. Its scope of jurisdiction is extensive, comprising:
international or foreign-related disputes; disputes related to the
Hong Kong SAR, Macao or Taiwan regions, disputes between a foreign
enterprise and a Chinese legal or physical person, etc. A
multi-national panel of arbitrators is available to serve under
CIETAC rules. As a permanent international commercial arbitration
institution, the CIETAC has its own distinctive features, listed
below: - Supervision over cases : The CIETAC adopts the practice of
reviewing draft awards, after supervising and managing the
arbitration proceedings to ensure the impartiality of its awards; -
The combination of arbitration with conciliation : Combining the
advantages of arbitration and conciliation, the tribunal may
conciliate the case before or after the commencing of the
arbitration proceedings if the parties so desire. If the
conciliation fails, the tribunal will continue the arbitration
proceedings in accordance with the Arbitration Rules until the
final award is issued. The key is that the arbitrators can perform
the conciliator's function, if necessary, in the same proceedings ;
i.e. the arbitration proceedings. - Low cost : The CIETAC tries to
provide the most convenient and best service to the parties at the
lowest cost. According to CIETAC, taking into account the current
Fee Schedule of its Arbitration Rules, the CIETAC charges are quite
low compared to other major international commercial arbitration
institutions in the world. |