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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Article 78 Seal on Award. Article 49 Making of Award. Article 25 Number of Arbitrators. Oxford University Press is a department of the University of Oxford.
CIETAC Arbitration Rules
The arbitral tribunal has the power to fix in the award the specific time period for the parties to perform the award and the liabilities for failure to do so within the specified time period. Article 5 The Emergency Arbitrator Proceedings.
The expiration date is 13 February Sign arbiteation via your Institution Sign in. Article 51 Scrutiny of Draft Award. Rulew arbitration agreement means an arbitration clause in a contract or any other form of a written agreement concluded between the parties providing for the settlement of disputes by rkles.
The [Seller] also requested the Arbitration Tribunal to rule that the [Buyer] should pay the [Seller]’s cietaf fee. In the absence of such a rate at either place the rate of interest shall be the appropriate rate fixed by the law of the State of the currency of payment.
On 12 Septemberthe [Seller] informed the [Buyer] that the remaining unit was ready to load for delivery. The Claimant may apply to amend its claim and the Respondent may apply to amend its counterclaim. However, although the units had been delivered, and the document had been accepted by the issuing bank, the [Buyer] still refused to pay the price of the invoice before the expiration date of the Letter of Exchange, and held up the payment until 9 April In such circumstances, the parties shall submit their written opinions on the evidence within the time period specified by the arbitral tribunal.
In view of the 20055 analysis and judgments, the Arbitration Tribunal hands down the following award:. Article 30 Considerations in Appointing Arbitrators.
CISG CASE PRESENTATION
According to Articles arbitratipn 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. The arbitral tribunal may undertake investigation and collect evidence as it considers necessary.
The [Buyer] did not ever allege that a third party other than the [Buyer] was subject to these three Contracts or that it should not pay the contract price.
Where a case is to be decided on the basis of documents only, or where the evidence is submitted after the hearing and both parties have agreed to examine the evidence by means of writing, the parties may examine the evidence in writing. Close mobile search navigation Article navigation.
Where conciliation is not successful, the arbitral tribunal shall resume the arbitral proceedings and render an arbitral award. The arbitral tribunal shall render an arbitral award within three 3 months from the arbitfation on which the arbitral tribunal is formed. Article 19 Consolidation of Arbitrations. International arbitration in a brave new world.
China 21 February CIETAC Arbitration proceeding (Equipment case) [translation available]
The [Buyer] neither submitted a response nor filed a counterclaim during the period provided by the Arbitration Rules. The [Seller] has the right to sell the equipment directly to the [Buyer]. Article 50 Partial Award. You do not currently have access to this article. Where the arbitral tribunal has not yet been formed, such decision shall 205 made by the Arbitration Court.
CIETAC arbitration toolkit | Practical Law
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 [Seller]’s claims are related to thirty-one 31 contracts. References in the text to article numbers are references to urles New Rules, unless otherwise noted. The arbitration documents referred to in the preceding Paragraph 1 shall be sent to the address provided by the party itself arbitrationn by its representative sor to an address agreed by the parties. On 28 Marchthese three arbitrators formed the Arbitration Tribunal to hear this case.
The issue whether the condition for payment was satisfied.
Therefore, the Arbitration Tribunal finds that the scope of this arbitration covers all disputes under and related to Contract No. Article 46 Arbitratkon and Dismissal. The [Buyer]’s aforementioned conduct constituted a breach of the Contract; therefore, the [Buyer] should bear the relevant liability according to the CISG. The Arbitration Tribunal finds that the buyer in Contracts No.
If the Respondent fails to appear at an oral hearing without showing sufficient cause, or withdraws from an on-going oral hearing without the permission of the arbitral tribunal, the arbitral tribunal may proceed with the arbitration and make a default award.
Article 36 Place of Oral Hearing.