Originally from:
Stockholm International Arbitration Review (SIAR) 2005-3
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THE NEW CIETAC ARBITRATION RULES:
TWO STEPS FORWARD, STILL MORE TO GO
By Michael J. Moser∗
1. INTRODUCTION
The China International Economic and Trade Arbitration Commission
("CIETAC"), China's main international arbitration institution, has adopted
new Arbitration Rules. The revised CIETAC Arbitration Rules (the "New
Rules") came into effect on May 1, 2005.
This article provides an overview of the key changes introduced by the
New Rules as compared to the earlier CIETAC Rules which came into
force on October 1, 2000 (the "2000 Rules"). (References in the text to
article numbers are references to the New Rules, unless otherwise noted.)
It also considers what additional steps need to be taken in order to further
improve the CIETAC arbitration system and bring it more closely into line
with general international practice.
2. KEY FEATURES OF THE NEW RULES
2.1 Organization and Structure of the Rules
The first noticeable change introduced by the New Rules is a thorough
reorganization of the structure and layout of the CIETAC Rules. The New
Rules are arranged in a more convenient and logical fashion and are more
"user friendly." A heading has been inserted in front of each article and all
of the provisions relating to the same topic have been grouped under the
same heading. Articles dealing with the same topic are now merged into
the same section. After these changes, the New Rules consist of 6 chapters
and 71 articles. An index has also been created at the front of the text.
Michael J. Moser, Attorney, Law Office Raidla & Partners, RoschierRaidlaFenno-Baltic Partnering. Master of Laws in International Commercial Arbitration Law (LL.M.), Stockholm University (2004).
