CIETAC's New Arbitration Rules

by Sheppard Mullin Richter & Hampton LLP

The China International Economic and Trade Arbitration Commission (“CIETAC”) recently adopted revised arbitration rules (“Revised Rules”), to be effective on May 1, 2012. The Revised Rules replace the rules that became effective in 2005 (“2005 Rules”).

Some key features of the Revised Rules:

Interim Measures
The Revised Rules provide that at the request of one party, the arbitral tribunal may order any interim measure it deems necessary or proper in accordance with the applicable law. It remains to be seen to what extent an arbitral tribunal can enforce such interim measures under China’s laws of civil procedure, where parties agree to arbitration in China. The 2005 Rules did not provide for interim measures.

Suspension of Proceedings
The Revised Rules provide that arbitration proceedings may be suspended where parties request a suspension or under circumstances where suspension is necessary. The arbitral tribunal decides whether to suspend or resume arbitration proceedings and, where the arbitral tribunal has not yet been formed, the decision is to be made by the Secretary General of CIETAC. The 2005 Rules did not provide a suspension of proceedings provision.

Summary Procedure
The Revised Rules provide that summary procedure applies to any case where the amount in dispute does not exceed RMB 2,000,000 (or to any case where the amount in dispute exceeds RMB 2,000,000, yet one party applies for arbitration under the summary procedure and it is agreed to by the other party). The 2005 Rules provided a summary procedure threshold of RMB 500,000.

Consolidation of Arbitrations
The Revised Rules provide that at the request of one party and with the agreement of the other parties, or where CIETAC believes that it is necessary and all the parties agree, CIETAC may consolidate two or more arbitrations into a single arbitration. In deciding whether to consolidate arbitrations, CIETAC may take into account any factors that it considers relevant with respect to the different arbitrations, including whether the various claims are made under the same arbitration agreement, whether the different arbitrations are between the same parties, and whether one or more arbitrators have been nominated or appointed in the different arbitrations.

The Revised Rules provide that, in the absence of the parties’ agreement, the language to be used in the arbitration proceedings shall be Chinese or any other language designated by CIETAC. The 2005 Rules provided that where parties fail to agree on the language of the arbitration, the arbitration would be conducted in Chinese.

The ability of CIETAC to designate the language of the arbitration proceedings under the Revised Rules will likely help resolve challenges encountered under the 2005 Rules. Under the 2005 rules, where one or more foreign arbitrators are to be members of the arbitration tribunal, and where parties fail to agree on the language of arbitration (by default making the arbitration language Chinese), the pool of foreign arbitrators would be significantly limited to only those fluent in Chinese.

Place of Arbitration
The Revised Rules supplement the terms regarding circumstances in which parties have not agreed to the place of arbitration. The Revised Rules provide that CIETAC may now determine the place of arbitration, taking into account the circumstances of the case. The 2005 Rules provided that where the parties have not agreed on the place of arbitration, it would be the domicile of CIETAC or its Sub-Commission.

CIETAC has for years been regarded as the preeminent arbitration commission for foreign-related arbitrations in China. The Revised Rules reflect increased consistency with the rules of other major arbitration bodies.

Authored By:

Amin Amirkia


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sheppard Mullin Richter & Hampton LLP | Attorney Advertising

Written by:

Sheppard Mullin Richter & Hampton LLP

Sheppard Mullin Richter & Hampton LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.