Economic and Trade Arbitration in China

It is well known that arbitration is oneof the good ways businessmencommonly choose when they havedisputes arising from their businessactivities.Chinese businessmen have begun toadopt arbitration to make settlement oftheir disputes. They, however, prefer toseek arbitration in China. It is becausearbitration in China is cost-effective,and more importantly, they have trustin the permanent arbitration institutionsin China, preferable to the risks involvedin arbitration by foreign arbitrationinst…     

Whether is the Time Limit of Litigation/Arbitration Suspended if one of the Parties Only Submits the Application for Arbitration to the Arbitration Commission?

Answer: Yes, it constitutes that thetime limit of litigation/arbitration hasbeen suspended when one of the parties submits the application for arbitration to the Arbitration Commission. Thereasons for this are:1. If one of the parties only submitsthe application for arbitration to the Arbitration Commission, but does not attach to the application for arbitration therelevant (1) documentary evidencewhich supports the facts on which theclaim is based; and (2)pay the arbitration fee in advance …     

The Trends of the International Arbitration Development

The international arbitration, as a kind of the methods to resolve the disputes in the international society, is flourished in recent years. On the basis of the international arbitration's features, the jurisdiction to relevant to the political issues is omission in the session of the disputes. Increasing of the disputes express to the globalization of the economy in the world. Not only do the position of the arbitration and the parties of the cases come from the region, but also the Europe as the traditional arbitration center, replaced by the Pacific/Asia region. The reason of the trend developing for the international arbitration results from the international arbitration's feature- the forum is neutral, treaty ensures enforcement abroad and no appeal, limited discover. Less time consuming, greater degree of the voluntary compliance, procedure is less costly and the result are more predictable.     

The Trends of the International Arbitration Development

The international arbitration, as a kind of the methods to resolve the disputes in the international society,is flourished in recent years. On the basis of the international arbitration's features, the jurisdiction to relevant to the political issues is omission in the session of the disputes. Increasing of the disputes express to the globalization of the economy in the world. Not only do the position of the arbitration and the parties of the cases come from the region, but also the Europe as the traditional arbitration center,replaced by the Pacific/Asia region. The reason of the trend developing for the international arbitration results from the international arbitration's feature--- the forum is neutral, treaty ensures enforcement abroad and no appeal, limited discover. Less time consuming, greater degree of the voluntary compli-ance, procedure is less costly and the result are more predictable.     

Foreign Economic and Trade Arbitration Cases

In the last decade as more and more foreign-related commercial disputes have emerged, the China International Economic and Trade Arbitration Commission and the China Maritime Arbitration Commission have been among the world's major commercial arbitration centres. They play an independent and fair role in handling cases, and this has recognized worldwide. From this issue, we will introduce some cases handled by the two arbitration commissions to help our readers have a better understanding of China's foreign arbitration practices and to promote the healthy development of international commercial cooperation.     

Promote Chinese Arbitration Work into an International One——An interview with Mr.Wang Shengchang,Secretary General of CIETAC

2004 is a summit year for the work of international arbitration. In conformity with the requests of domestic and international readers, we have made an exclu-sive interview with Mr. Wang Shengchang, PH.D in Laws, Secretary General of China International Economic and Trade Arbitration Commission. Mr. Wang has made a review and summary of the Chinese arbitration work in 2003, meanwhile, he prospects for the development of the Chinese arbitration work in 2004.     

Let China Arbitration Advance towards the World Further and Let the World Understand China Better

It is a great pleasure for me, as the president of CIETAC andCMAC, to write a few words for the first issue of the Arbitration inChina, to introduce China arbitration, especially foreign related arbitration in China (or we may say international commercial arbitration) into world.Arbitration in China has developed a great deal as the same asthat of China economy since China has adopted the open and reform policy in 1979, especially in the mid of 1990th, China international Economic and T…     

into an International One——An interview with Mr. Wang Shengchang,Secretary General of CIETAC

2004 is a summit year for the work of international arbitration. In confonnity with the requests of domestic and international readers, we have made an exclusive interview with Mr. Wang Shengchang, PH.D in Laws, Secretary General of China International Economic and Trade Arbitration Commission. Mr. Wang has made a review and summary of the Chinese arbitration work in 2003, meanwhile, he prospects for the development of the Chinese arbitration work in 2004.     

Vice-chairman Wang Jinzhen Meets with John Frisbie, President of the US- China Trade Commission and the Delegation

On March 20, Southwest Branch of the China International Eco-nomic and Trade Arbitration Commission （Southwest Branch of CIETAC） was established with a formal inauguration in Chongqing. Vice-chairman of CCPIT Dong Songgen and Vice Mayor of Chongqing Municipal Government Zhou Mubing were present at the ceremony and delivered speeches. More than I00 representatives from the United States, Singapore, Hong Kong, Beijing, Shanghai, Jiangsu, Hunan, Hubei, Yunnan, Guizhou, Sichuan, Shaanxi and other places attended the opening ceremony. Vice-chairman Dong Songgen pointed out that though 50 years of unremitting efforts, CIETAC enjoys reputation at home and abroad with its independent, impartial and efficient arbitration services, and has made outstanding contributions for the development of Chinese arbitration law and underaking of China＇s arbitration with its arbitration practice and theory. As a well-known international arbitration body, CIETAC has been in forefront of the world＇s four major arbitral institutions since 1990s.     

Award on Dispute Concerning Joint Management of a Seafood Restaurant

[Digest] The claimant and the respondent concluded a contract for jointmanagement of the seafood restaurant("the project"). After the contract cameinto effect, the respondent railed to makeits contribution to the restaurant as thecontract provided. The claimant appliedto the Arbitration Commission and required the arbitration tribunal to awardthat: 1. The contract be discharged.2.Therespondent bear the economic loss suffered by the claimant due to its breachof contract. The arbitration tribu…     

Rising Capital Amount ＆ Increasing Cases in 2008＇s Trade Disputes

The China International Economic and Trade Arbitration Commission （CIETAC）, an institution under CCPIT, is the most important permanent arbitration institution in China. The CIETAC independently and impartially resolves economic and trade disputes by means of arbitration and conciliation （mediation）.     

Arbitration Agreement(1)

EXPLORE AND RESEARCH-FORUM IN ARBITRATION1. Concept of Arbitration andArbitration Agreement1-1 Concept of Arbitration AgreementSo called arbitration, that is, originally embodied the meaning of "arbitrary decision", but now, commonlymeans that a method of resolving disputes arising from the two-side of parties who voluntarily render their disputes to a third party (an ad hoc arbitration tribunal or a permanent arbitrationbody) agreed by themselves to deal within accordance with…     

The Arbitration Road——in commemoration of the 50th anniversary of the founding of CCPIT

50 years ago, China Council for the Promotion of International Trade (CCPIT) already embarked on the road to modernized and internationalized arbitration.     

A CIETAC Award ——Recognized and Enforced in U.S.A.

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards entitled foreign arbitration awards to recognition and enforcement in United States courts.     

CHINA'S FOREIGN-RELATED ARBITRATION

Before the founding of new China in1949,there was no any arbitrationlegislation or arbitration organs.On May 6,1954,the former central people'sgovernment passed the Decision on Settingup a Foreign Trade Arbitration Committeeunder the China Council for the Promotionof International Trade to provide the basicprinciples for China's foreign-related     

China's Arbitration Going to the World

For four decades, China's international arbitration institutions have expanded. In May 1954, the China Council for the Promotion of International Trade (CCPIT) set up the China Foreign Trade Arbitration Commission and later the China Maritime Arbitration Commission. The framework and principles of these two commissions complied with the     

On the Eve of the Enforcement of the Arbitration Law——An interview with Xu Dayou, vice-chairman of China Council for the Promotion of International Trade and of the China International Economic and Trade Arbitration Commission

The Arbitration Law of the People's Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic disputes. All the parties concerned are making intense preparations for the successful enforcement of the Law. As the first nongovernmental organisation engaged in arbitration affairs, the China Council for     

ARBITRAL AWARD ON THE SELLS CONTRACT OF EQUIPMENT

Claimant and Counter-Respondent: (1) Guangdong Machinery Import andExport Corporation (Group) (2) Guandong Dongjiang-ShenzhenWater Supply Engineering AdministrationBureau--versus--Respondent and Counter-Claimant:HSQ Technology, A Corporation In accordance with the arbitration clausecontained in the Contract No.96ML44-9328US ("The Contract") signed by andbetween the Claimant and the Respondent,and the written Application for Arbitrationsubmitted by the Claimant, CIETAC…     

Judicial Support and Supervise to Arbitration by The People''''s Court: Special Interview with Xiao Yang, the President of the Supreme Court of PRC

Upon New Year, everything looks fresh and gay, and on the occasion of the judicial justice andefficiency are the subjects of the People's court during the 21th century put forward by the SupremeCourt of PRC, we made a special trip to call on Xiao Yang-the President of the Supreme Court ofPRC, with the content of the judicial support and supervise to arbitration by the People's court ofPRC for many years. We firmly believe that the judicial justice and high efficiency shall furtherpromot…     

Combination of Arbitration with Conciliation and Remittance of Awards---with Special Reference to the Asia-Oceania Region

In the Asia-Oceania Region, the le-gal frameworks relating to arbitrationare highly diversified. First, the arbitration laws in these countries and regions are far fromharmonization or unification, so far asthe adoption of the UNICITRAL ModelLaw is concerned.Australia,New Zea-land,Singapore and Chinese Hong Kong SARhave enacted statutes based on theUNICITRAL Model Law, thus contributing a substantial expansion to the"Model Law Zone" in the world. China,Japan, Korea and ChineseT…