CIETAC announcement regarding sub-commissions | Practical Law

CIETAC announcement regarding sub-commissions | Practical Law

On 31 December 2012, the Chinese International Economic and Trade Arbitration Centre (CIETAC) made an announcement regarding its relationship with the Shanghai and South China sub-commissions.

CIETAC announcement regarding sub-commissions

Practical Law UK Legal Update 9-523-4527 (Approx. 4 pages)

CIETAC announcement regarding sub-commissions

by PLC Arbitration
Published on 08 Jan 2013China
On 31 December 2012, the Chinese International Economic and Trade Arbitration Centre (CIETAC) made an announcement regarding its relationship with the Shanghai and South China sub-commissions.
As previously reported, the Chinese International Economic and Trade Arbitration Centre (CIETAC) Beijing office parted ways with its Shanghai and South China sub-commissions when those sub-commissions refused to follow the 2012 Arbitration Rules launched in May 2012 (see Legal update, CIETAC releases new arbitration rules). Both sub-commissions declared themselves independent arbitral institutions with separate arbitration rules (see Legal update, CIETAC and Shanghai sub-commission reported to have parted. On 1 August 2012, CIETAC announced that it had suspended its authorisation of the sub-commissions' powers to accept and administer arbitration cases (see Legal update, CIETAC Shanghai and CIETAC South China sub-commissions split from CIETAC Beijing).
In its latest announcement, made on 31 December 2012, CIETAC Beijing declared that:
  • The conduct of the South China Sub-Commission, in relation to changing its name and institutional status, and the arbitration rules and panel of arbitrators established in the name of the South China International Economic and Trade Arbitration Commission, are null and void by law.
  • The Shanghai and South China sub-commissions are forbidden from using the CIETAC name and brand.
  • The sub-commissions' authorisation to accept and administer arbitration cases is terminated.
The announcement advises parties who have already agreed to arbitrate their disputes with the Shanghai or South China sub-commissions to submit their requests for arbitration to CIETAC in Beijing. When the CIETAC Secretariat accepts and administers such cases, unless the parties agree otherwise, the arbitration will be seated in Shanghai or Shenzhen respectively.
The announcement further advises that cases accepted and administered by the sub-commissions before 1 August 2012 may be concluded in accordance with the CIETAC Arbitration Rules and under the uniform leadership of CIETAC in Beijing.