Governing Law in International Arbitration

Apr 19, 2023

In accordancewith The Law of Choice of Law Applicablein International Civil Relations of the People's Republic of China, theparties may make an express choice of the law to govern their internationalcivil relations and their contracts, including arbitration agreements. Wherethe parties choose to apply the law of a forei…
     

Arbitration Costs and Fees in International Arbitration

Apr 19, 2023

a) Costs and FeesThe costs and fees payable by the disputing parties in arbitration include but are not limited to:(i) arbitration fees charged by the arbitration commission;(ii) reasonable costs and expenses incurred by arbitrators, including but not limited to their special remuneration, out-of-pocket travel and accom…
     

Language in International Arbitration

Apr 18, 2023

The disputingparties may agree on the language in which the arbitration proceedings will beconducted. If they reach an agreement on the arbitration language, theiragreement will prevail and be binding on the arbitration commission. In theabsence of or in case of their failure to reach such an agreement, thearbitration p…
     

Final and Binding

Apr 18, 2023

An arbitration award shall be final and binding upon both disputing parties. Where either disputing partyfiles a request for arbitration or brings a lawsuit after an award has beenmade for the same dispute, the arbitration commission or people's court shallreject the case. And neither disputing party may request revisio…
     

Submissions in international arbitration

Apr 18, 2023

The disputingparties must submit all the documents and evidence required for arbitration in paperand/or electronic form, including but not limited to request for arbitration,answer, counterclaim, ID documents, etc., in the number of copies and withinthe time period specified under the applicable arbitration rules or req…
     

Consolidation of Arbitration Cases

Apr 18, 2023

Two or morearbitration cases relating to each other to certain extent may be consolidatedinto one, either at the request of a disputing party or with the consent ofboth disputing parties.According to CIETAC Arbitration Rules,two or more arbitrations may be consolidated if: (a) all of theclaims in the arbitrations are ma…
     

Multiple Contracts in an Arbitration Case

Apr 18, 2023

In the case of multiple contracts oragreements in the same arbitration case, they can be arbitrated in the samecase by the same arbitral tribunal if the arbitral tribunal deems it necessaryand appropriate or at the request of the disputing parties. Provided, however,that such contracts or agreements must satisfy certain…
     

Joinder in Arbitration

Apr 18, 2023

a) Joinder of a Third PartyThe Arbitration Law does not contain provisions pertaining to joinder, but all arbitration rules specify that a third party may join arbitration, mediation, or conciliation at the request of a disputing party or such third party or at the joint request of both disputing parties. Such third par…
     
Practising lawyers

Robert Zhang

An international arbitration lawyer registered in Shanghai, China. Master's degr…

Steve Li

An international arbitration lawyer registered in Shanghai, China. Master's degr…
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