
The 2012 Arbitration Rules of the China International Economic and Trade Arbitration Commission came into effect as of 1 May 2012. Yet, as branch offices of CIETAC, the CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission (originally named the CIETAC Shenzhen Sub-Commission) refuse to apply the CIETAC Arbitration Rules (2012), and refuse to remain under the leadership of CIETAC in respect of case administration. Such conduct violates the basic principles provided in the CIETAC Articles of Association and the CIETAC Arbitration Rules (2012) that CIETAC and its Sub-Commissions form an integrated arbitration institution and that the Sub-Commissions conduct arbitration business under the authorization of CIETAC.
In order to ensure the effective realization of parties’ autonomy in choosing CIETAC for arbitration, safeguard the exercise of parties’ arbitration rights and facilitate the effective resolution of parties’ disputes through CIETAC arbitration, CIETAC hereby announces the following decisions in accordance with the CIETAC Articles of Association (2012) and CIETAC Arbitration Rules (2012):
1. As from 1 August 2012, CIETAC’s authorization to the CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission for accepting and administering arbitration cases is hereby suspended.
2. As from 1 August 2012, where parties have agreed to arbitrate their disputes by the CIETAC Shanghai Sub-Commission or the CIETAC South China Sub-Commission (the CIETAC Shenzhen Sub-Commission), the parties shall submit their applications for arbitration to CIETAC and the CIETAC Secretariat shall accept such arbitration applications and administer such cases. Without CIETAC’s authorization, no institutions shall have the right to accept and administer the afore-mentioned arbitration cases.
3.When the CIETAC Secretariat accepts and administers the above-mentioned cases, unless otherwise agreed by the parties, for cases agreed to be arbitrated by the CIETAC Shanghai Sub-Commission, the place of arbitration and the place of oral hearing shall be Shanghai; for cases agreed to be arbitrated by the CIETAC South China Sub-Commission (the CIETAC Shenzhen Sub-Commission), the place of arbitration and the place of oral hearing shall be Shenzhen.
4. For information and consultation about the afore-mentioned cases, please contact the CIETAC Secretariat at the following:
China International Economic and Trade
Arbitration Commission (the seal)