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Guide to the CIETAC Arbitration Rules, A
Published by Oxford University Press
The first commentary on the CIETAC Rules provides guidance on how each rule should be interpreted and applied, alongside practical and procedural recommendations from practitioners of unparalleled experience, including the Secretary General of CIETAC.
The China International Economic and Trade Arbitration Commission (CIETAC) is the largest permanent arbitration centre in the world, with a fast-growing case load and rising international profile. This commentary on the CIETAC 2012 Arbitration Rules provides guidance on the rules, alongside practical and procedural recommendations from practitioners of unparalleled experience. This is a rule-by-rule examination of the inception, interpretation and application of the new rules, which makes comparative reference to the rules of other institutions and considers all relevant case law and legislation. The commentary groups the rules thematically according to the principle areas of practitioner interest, including chapters on: Jurisdiction and the Arbitration Agreement; Commencing the Arbitration; Formation and Challenges to the Arbitral Tribunal; Conduct of Proceedings; Awards; Summary Procedure and Costs. The text concludes with a chapter on the practical aspects of arbitrating in China, ensuring the book is a comprehensive reference work for practitioners in the field.
1. Introduction ; 2. CIETAC and the CIETAC Rules (Articles 1-2, 4, 73 and 74) ; 3. Jurisdiction and the Arbitration Agreement (Articles 3, 5 and 7) ; 4. Commencing the Arbitration (Articles 8 and 11-19) ; 5. The Arbitral Tribunal: Formation and Challenge (Articles 22-32) ; 6. Conduct of the Arbitration Proceedings (Articles 20-21, 33-35 and 37-45) ; 7. Awards (Articles 46-53) ; 8. Summary Procedure (Articles 54-70) ; 9. Costs (Article 72) ; 10. Miscellaneous Provisions (Article 36) ; 11. Some Practical Aspects of Arbitrating in China
Mr Yu Jianlong is the Vice-Chairman and Secretary General of the CIETAC. His other posts include: Vice-Chairman of the China Maritime Arbitration Commission (CMAC); Vice-Chairman of the Asia Pacific Regional Arbitration Group (APRAG); Vice-Chairman of the International Federation of Commercial Arbitration Institutions (IFCAI); and Vice-Chairman of the China Academy of Arbitration Law (CAAL). He is a Board Member of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). Mr. Yu began to serve in the International Relations Department of the China Council for the Promotion of International Trade (CCPIT) in 1988. He held the positions of Deputy Director and Director of the American Affairs Division consecutively from 1992 to 1998, and became Deputy Director General of the International Relations Department in 1998. He served as Director General of the Economic Information Department ofthe CCPIT from 2004 to 2006. Mr Cao Lijun is a Partner with Zhong Lun Law Firm, Beijing, China. Prior to this, Lijun worked with CIETAC in Beijing for over thirteen years, and was the Deputy Director of CIETAC's Foreign-Related Department, a member of CIETAC's Award Scrutiny Team and a member of CIETAC's Case Compilation Committee. He has administered over 300 arbitration cases under CIETAC Rules and reviewed arbitral awards for at least another 300 CIETAC cases. He has arbitrated over 90 cases as presiding arbitrator, sole arbitrator or party-appointed arbitrator under the CIETAC Rules and UNCITRAL Rules. Among his professional affiliations, Lijun is a panellist of CIETAC, the Hong Kong International Arbitration Centre (HKIAC), the Singapore International Arbitration Centre (SIAC) and the Kuala Lumper Regional Centre for Arbitration (KLRCA), and a panellist of the Mediation Centre of the China Chamber of International Commerce (CCOIC). Michael Moser is an international arbitrator, mediator and attorney-at-law. A member of the New York Bar, he holds degrees from the Harvard Law School (J.D.), Columbia University (Ph.D. with distinction) and Georgetown University (B.S.F.S.). Mr. Moser acts as arbitrator, mediator and counsel in international business disputes and is currently an arbitrator member of 20 Essex Street Chambers in London and Singapore and based in Hong Kong. He has special expertise in disputes between multinational corporations and Asian parties. He has substantial experience with direct investments, technology licensing, oil and gas transactions, major projects, and mergers and acquisitions. Prior to his retirement from the firm in 2006, Mr. Moser was China Managing Partner of Freshfields Bruckhaus Deringer.Mr. Moser has been advising foreign clients doing business in the Asia-Pacific region since 1980. He was the first foreign national to be appointed as an arbitrator in China.
Reviewer: Caleb Simmons
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