Bridging the gap between the Chinese and the international dispute resolution community

Arbitration Law and Practice

CIETAC Rules on Evidence
Created on : Tue, 2013-10-15 13:45 - Comments : 0

CIETAC has been working for some time on the issuance of its own ‘Rules on Evidence’, which would be apparently inspired by the IBA Guidelines on the Taking of Evidence in International Arbitration but with some adaptations to the Chinese environcment and legal culture. These Rules have not been promulgated yet and drafts are also not...

Closed Market for Foreign Arbitration Institutions?
Created on : Mon, 2013-10-14 14:28 - Comments : 0

It is often said that foreign arbitration institutions are not entitled to conduct arbitrations in China.

The validity of this affirmation depends on what is meant by ‘conduct arbitrations in China’:

- If one means the conduct by foreign arbitration institutions of arbitrations with a place of arbitration in China [8.2.2.2...

Evidence Preservation During Arbitration Proceedings
Created on : Tue, 2013-10-15 10:29 - Comments : 0

According to Articles 46, and 68 of the PRC Arbitration Law (1994), Article 81 of the PRC Civil Procedure Law (2012), a party may request evidence preservation measures where the evidence may be destroyed or lost or difficult to obtain at a later time and a people’s court...

Place of the Hearing
Created on : Tue, 2013-10-15 15:09 - Comments : 0

In international arbitration, hearings can be held at any place convenient to the parties and the arbitrators. Thus, there is no necessary link between (i) the place of the hearing, (ii) the place of arbitration and/or (iii) the seat of the arbitration institution.


In China, however, hearings are traditionally held at the...

Pre-arbitration Evidence Preservation
Created on : Tue, 2013-10-15 10:27 - Comments : 0

Before the promulgation of the PRC Civil Procedure Law (2012), the system in place under the PRC Civil Procedure Law (2007) which required a party to file preservation measures through the arbitration...

Pre-arbitration Evidence Preservation
Created on : Tue, 2013-10-15 14:29 - Comments : 0

Before the promulgation of the PRC Civil Procedure Law (2012), the system in place under the PRC Civil Procedure Law (2007) which required a party to file preservation measures through the arbitration...

Property Preservation During Arbitration Proceedings
Created on : Tue, 2013-10-15 10:23 - Comments : 0

According to Article 28 of the PRC Arbitration Law (1994) and Article 100 of the Civil Procedure Law (2012), a party may apply for property preservation during arbitration proceedings if it...

Risk of Pathology relating to CIETAC's Restructuring
Created on : Mon, 2013-10-14 12:14 - Comments : 0

CIETAC, which is one of the most prominent Chinese arbitration institutions, has several sub-commissions in China, including in Shanghai, Shenzhen, Tianjin, etc. Where parties select CIETAC as arbitration institution without specifying the headquarters or the relevant sub-commission, the question arises which entity should administer the case...

Showing 8 results.