China 2 September CIETAC Arbitration proceeding (Freezing units The Arbitration Rules of the Arbitration Commission [hereinafter, the. China 21 February CIETAC Arbitration proceeding (Equipment case) The Arbitration Rules of the Arbitration Commission [hereafter, the. Arbitration International, Volume 21, Issue 3, 1 September , Pages The revised CIETAC Arbitration Rules (the ‘New Rules’), which came.
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On 18 Septemberthe [Buyer] accepted the condition that the payment should be made within 90 days of the acceptance of the documents. Raymond Tan and Cheryl Chen are Associates with this law firm.
Cietca modification of the contract number is referred to in the first part of this award, 200 it is not re-stated here. Key CISG provisions at issue: You do not currently have access to this article. Article 5 The Emergency Arbitrator Proceedings.
These four freezer units were loaded for delivery on 22 Juneand were delivered on 30 September Article 30 Considerations in Appointing Arbitrators. From , to , According to the Contracts, the [Buyer] is not obligated to make payment to the [Seller] when one condition is not satisfied.
The above written correction shall form a part of the arbitral award and shall be subject to the provisions in Paragraphs 4 to 9 of Article 49 of these Rules. The emergency arbitrator may order the provision of appropriate security by the party seeking the emergency relief as the precondition of taking emergency measures.
CIETAC arbitration toolkit | Practical Law
In the event that the Respondent withdraws its counterclaim in its entirety, the arbitral tribunal may proceed with the examination of the claim and render an arbitral award thereon. SJI should also apply to Contract No. The Arbitration Tribunal held that this amount should be borne by the cietax itself. The [Buyer] should pay the loss of interest accrued from 1 October to the date on which the payment is made.
The price for each unit included the relevant service fee.
The arbitral tribunal shall decide whether or not to postpone the oral hearing. In the absence of such agreement, the language of arbitration to be used in the proceedings shall be Chinese.
CISG CASE PRESENTATION
Therefore, the condition of payment stipulated in Articles 9 of the Contract was not satisfied, and the [Buyer] need not cidtac the obligation to pay the contract price. The [Buyer] did not object to the [Seller]’s allegation during the arbitration proceedings that the Service Contract had been completed.
The arbitral tribunal may undertake investigation and collect evidence as it considers necessary. The [Seller] appointed Mr. From rulee, to 5, The written record shall be signed or sealed by the arbitrator sthe recorder, the parties, and any other participant in the arbitration.
On 4 Junethe [Seller] notified the [Buyer] that one of the freezer units was damaged, caused by an accident, and therefore, the units under the Contract could not be 2005 for delivery before the deadline stipulated in the Contract. Article 50 Partial Award.
CIETAC arbitration toolkit
After negotiation, the parties failed to reach an agreement; thereafter, the [Seller] filed the arbitration application. If a party has justified reasons to request an extension of the time period, the arbitral tribunal shall decide whether to grant such extension. A party having justified reasons may request a postponement of the oral hearing.
However, the [Buyer] neither made the payment on or before the expiration date nor paid thereafter. On 6 Septemberthe Secretariat of the Arbitration Commission sent the Notice of Arbitration, the Arbitration Rules and the Arbitrators List to the [Seller] and the [Buyer] by express mail, and also sent the [Seller]’s arbitration application with attachment to the [Buyer] and requested the [Buyer] to submit a response and appoint an arbitrator within the period provided in the notice.
The Secretariat also sent to the [Buyer] the supplementary documents submitted by the [Seller], and invited the [Buyer] to submit an opinion or objection to these supplementary materials before 13 May The [Seller]’s claim lacks any basis. On 24 Maythe [Seller] submitted a supplementary opinion with supporting evidence.