The Hubei Sub-Commission of China International Economic and Trade Arbitration Commission (CIETAC) was inaugurated on Dec. 22 in Wuhan, capital of central China’s Hubei Province. This is the 6th sub-commission in China following that in Shenzhen, Shanghai, Tianjin, Chongqing and Hong Kong, and also the first in central China.
As an important strategic pivot of the “Rise of Central China”, Hubei plays a critical role in the construction of Yangtze River Economic Belt. In recently years, Hubei has witnessed great success in social and economic construction with increasingly enhancing opening-up level. Foreign investment in Hubei from countries such as France, Japan and South Korea grows sharply. Prosperous economy and trade call for fine business environment, which requires high-level and high-quality foreign affairs commercial arbitration mechanism.
The CIETAC Hubei Sub-Commission will convoy the export-oriented economy in Hubei and central China, according to Yu Jianlong, deputy director and secretary-general of CIETAC. The Hubei Sub-Commission will optimize the environment for investment in Hubei, thus attracting more enterprises to make investment and settle in Hubei. Besides, it also provides legal protection for enterprises in central China, and brings new opportunity for lawyers in Hubei to develop international business.
Established in 1954, CIETAC is one of the three major permanent arbitration institutions in the world. It independently and impartially resolves economic and trade disputes by means of arbitration. Throughout the past 60 years, CIETAC has made prominent contributions to the legislation of the Chinese Arbitration Law and the development of the arbitration practice in China, has maintained positive relations and cooperation with major arbitration institutions across the world, and has gained reputation at home and abroad as an independent, impartial and efficient arbitration institution. In accordance with the New York Convention, CIETAC awards are recognized and enforced 155 countries. In recent years, on average, CIETAC handled as many as 1,300 cases annually, involving parties from more than 50 countries and regions outside the Chinese mainland.
CIETAC and its sub-commissions/arbitration centers constitute a single arbitration institution. They adopt the same set of Arbitration Rules and the same Panel of Arbitrators.
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Arbitration procedures
Step.1 Application
Submit an arbitration agreement, the Application for Arbitration, the facts and evidence on which the claim is based and pay the arbitration fee in advance.
Where the formalities of application for arbitration are found to be complete, the Notice of Acceptance /Notice of Arbitration shall be sent to the Claimant and the Respondent respectively after the case is accepted. Meanwhile, one copy each of the Claimant’s application for arbitration and its attachments as well as the Arbitration Rules, the Panel of Arbitrators shall be enclosed to the Notice. The Respondent shall lodge his defense and/or counterclaim within the time limit specified in the Arbitration Rules
Step.2 Arbitral tribunal
A sole-arbitrator tribunal is composed of one arbitrator and a collegiate tribunal with three arbitrators. Parties may agree upon the ways to form the tribunal.
Generally, oral hearings are conducted in the course of arbitration. However, the arbitral tribunal may examine the case and render an award on the basis of documents only if the parties so request or agree and the arbitral tribunal also deems that oral hearings are unnecessary. The arbitral tribunal shall not hear cases in open session.
Burden of proof shall be born by the party who raise claims, defense or counterclaims. The arbitral tribunal has the power to decide the time limit for submission of evidence. The tribunal’s decision shall be bound upon both parties.
Step.3 Arbitral Award
The arbitral tribunal shall independently and impartially render its arbitral award on the basis of the facts, in accordance with the law and the terms of the contracts, with reference to international practices and in compliance with the principle of fairness and reasonableness. The arbitral award shall be decided by the majority of the tribunal. The date on which the arbitral award is made is the date on which the arbitral award comes into effect. The arbitral award is final and binding upon both parties. Neither party may bring a suit before a court of law or make a request to any other organization for revising the arbitral award.
(hubei.gov.cn by Mao Huifang)
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