Business Disputes In China - 3rd Edition - Softcover
Business Disputes In China - 3rd Edition - Electronic
Appendices: Institutional Rules and Documents
International Arbitration Rules of The International Center for Dispute
Resolution/American Arbitration Association*
1. Where parties have agreed in writing to arbitrate disputes under these
International Arbitration Rules or have provided for arbitration of an
international dispute by the International Centre for Dispute Resolution
or the American Arbitration Association without designating particular
rules, the arbitration shall take place in accordance with these rules, as
in effect at the date of commencement of the arbitration, subject to
whatever modifications the parties may adopt in writing.
2. These rules govern the arbitration, except that, where any such rule is
in conflict with any provision of the law applicable to the arbitration
from which the parties cannot derogate, that provision shall prevail.
3. These rules specify the duties and responsibilities of the administrator, the
International Centre for Dispute Resolution, a division of the American
Arbitration Association. The administrator may provide services through
its Centre, located in New York, or through the facilities of arbitral
institutions with which it has agreements of cooperation.
R-1. Commencing the Arbitration
Notice of Arbitration and Statement of Claim
1. The party initiating arbitration (“claimant”) shall give written notice of
arbitration to the administrator and at the same time to the party
against whom a claim is being made (“respondent”).
2. Arbitral proceedings shall be deemed to commence on the date on
which the administrator receives the notice of arbitration.
3. The notice of arbitration shall contain a statement of claim including
(a) a demand that the dispute be referred to arbitration;
(b) the names, addresses and telephone numbers of the parties;
(c) a reference to the arbitration clause or agreement that is invoked;
MICHAEL J. MOSER is a Chartered Arbitrator and a member of
20 Essex Street Chambers. He is Honorary Chairman of the Hong
Kong International Arbitration Centre (HKIAC), a Member of the
LCIA Court, a Board Member of the Arbitration Institute of the
Stockholm Chamber of Commerce and Vice President of the Asia
Pacific Regional Arbitration Group. He is Co-chair of the China
International Arbitration Club.