Can we resolve the dispute through the China International Economic and Trade Arbitration Commission (CIETAC)?

To resolve a dispute through arbitration with CIETAC, there should be a valid arbitration clause included in the contract signed between you and the other party (or a separate arbitration agreement), clearly specifying that any disputes arising between the parties shall be referred to arbitration by CIETAC.

If there is no arbitration clause (or arbitration agreement), you may request CIETAC to mediate the dispute between the parties.

What types of disputes can be submitted to arbitration?

Disputes related to international, foreign-related (including those involving Hong Kong, Macau, and Taiwan), and domestic contractual or non-contractual economic and trade disputes can be submitted to arbitration by CIETAC. However, CIETAC does not accept the following types of disputes:

1. Marriage, adoption, guardianship, maintenance, and inheritance disputes;

2. Administrative disputes that shall be handled by administrative authorities according to the law;

3. Labor disputes and disputes related to agricultural contract agreements within rural collective economic organizations.

Can arbitration be requested if one party is a government agency?

If the parties are involved in economic and trade disputes rather than administrative disputes, arbitration can be requested even if one party is a government agency.

What documents are required to apply for arbitration?

The following documents shall be submitted when applying for arbitration:

1. The original Request for Arbitration (including relevant evidence, such as the contract with the arbitration clause or the written arbitration agreement).

2. The original certificate of the Claimant’s legal representative and a photocopy of the business license (or company registration certificate).

3. If a representative is authorized to handle the application, the original Power of Attorney shall be submitted.

4. The Summary Procedure shall apply to any case where the amount in dispute does not exceed RMB 5,000,000, and the Request for Arbitration and other documents shall be submitted in triplicate; otherwise, the Summary Procedure shall not apply, and the arbitration documents shall be submitted in quintuplicate. For each additional party involved, one additional copy of documents shall be provided accordingly.

Do the documents need to be notarized or authenticated?

Documents submitted by foreign-related parties when applying for arbitration do not necessarily need to be notarized or authenticated. However, if the arbitral tribunal deems it necessary to have documents notarized or authenticated during the course of the proceedings, the parties shall handle the relevant procedures. 

Shall arbitration documents be submitted in person?

Arbitration documents do not necessarily need to be submitted in person. Parties may send the documents by mail to the following address:

China International Economic and Trade Arbitration Commission 

6/F, CCOIC Building, No.2 Huapichang Hutong, Xicheng District, Beijing, 100035, P.R.China

Is there a fee for applying for arbitration?

Yes, the Claimant shall prepay the arbitration fee. The arbitration fee is charged on a pro-rata basis according to the amount in dispute.

This fee is an advance payment, and the allocation of it shall be determined by the arbitral tribunal in its award. In principle, the losing party shall bear the arbitration fee. If the dispute is resolved through settlement or conciliation after the case is accepted, a portion of the arbitration fee may be refunded at the tribunal’s discretion.

Is there a period of time for paying the arbitration fee?

There is no strict period of time for the Claimant to prepay the arbitration fee. However, CIETAC will accept the case and send the Notice of Arbitration to both the Claimant and the Respondent only after the payment has been completed.

Can the Claimant apply for property preservation before the arbitration?

Before the arbitration proceedings commence, the Claimant shall not apply for property preservation under the Arbitration Law of the People’s Republic of China. CIETAC shall only forward the Claimant’s application for property preservation to the court at the earliest when sending the Notice of Arbitration.

Can an arbitral award be enforced abroad?

An arbitral award rendered by CIETAC can be recognized and enforced in 134 countries and regions worldwide, in accordance with the United Nations “Convention on the Recognition and Enforcement of Foreign Arbitral Awards” (the New York Convention). It can also be recognized and enforced in the Hong Kong Special Administrative Region of China under the relevant arrangements.

What formalities shall be followed to enforce an arbitral award abroad?

To enforce the arbitral award abroad, the Claimant shall apply to the court in the jurisdiction where the Respondent’s assets are located, and follow the relevant procedures according to local laws. It is recommended that the parties engage a local lawyer to assist with the process.