Arbitral Tribunal

According to the CIETAC Arbitration Rules, the arbitral tribunal may be composed of either a sole arbitrator or three arbitrators. A case where the summary procedure applies shall be examined and heard by a sole arbitrator, while cases where the general procedure applies shall be examined and heard by three arbitrators, unless the parties agreed otherwise. The parties may also agree on how the tribunal is formed.

Panel of Arbitrators

Generally, the parties shall appoint arbitrators from the Panel of Arbitrators provided by the CIETAC.

Where the parties have agreed to appoint arbitrators from outside of the CIETAC’s Panel of Arbitrators, the arbitrators so appointed by the parties or nominated according to the agreement of the parties may act as co-arbitrator, presiding arbitrator or sole arbitrator, subject to confirmation by the Chairman of the CIETAC in accordance with the law.

Sole arbitrator

If the case is to be heard by a sole arbitrator, both parties may jointly appoint or jointly entrust the Chairman of the CIETAC to appoint a sole arbitrator from among the Panel of Arbitrators to form the tribunal for the case. On the other hand, the parties may each recommend one to three arbitrators as candidates for the sole arbitrator.

Three arbitrators

If the case is to be heard by three arbitrators, the Claimant and the Respondent shall each appoint one arbitrator or entrust the Chairman of the CIETAC to make such appointment within 15 days from the date of receipt of the Notice of Arbitration. Where a party fails to appoint or to entrust the Chairman of the CIETAC to appoint an arbitrator within the specified time period, the arbitrator shall be appointed by the Chairman of the CIETAC.

Within 15 days from the date of the Respondent’s receipt of the Notice of Arbitration, the presiding arbitrator shall be jointly appointed by the parties or appointed by the Chairman of the CIETAC upon the parties’ joint authorization.

Where the parties have failed to jointly appoint the presiding arbitrator according to the above methods, the presiding arbitrator shall be appointed by the Chairman of the CIETAC.

The presiding arbitrator and the other two arbitrators shall jointly form an arbitral tribunal to examine and hear the case.

Multi-Party Appointment

Where there are two or more Claimants and/or Respondents in an arbitration case, the Claimant side and/or the Respondent side each shall, through consultation, jointly appoint or jointly entrust the Chairman of the CIETAC to appoint one arbitrator from the CIETAC Panel of Arbitrators.

Where either the Claimant side or the Respondent side fails to jointly nominate or jointly entrust the Chairman of CIETAC with appointing one arbitrator within fifteen (15) days from the date of receipt of the Notice of Arbitration, the Chairman of CIETAC shall appoint all three members of the arbitral tribunal and designate one of them to act as the presiding arbitrator.

Challenge and Replacement of Arbitrators and Majority to Continue Arbitration

Any arbitrator who has interests in a case or is related in a way that might affect the impartial examination and hearing of the case shall make a disclosure of such interests to the CIETAC, and request on his own motion for a withdrawal. The parties may also make a request for the withdrawal of an arbitrator from an arbitration case.

In the event that an arbitrator is prevented de jure or de facto from fulfilling his/her functions, or he/she fails to fulfill his/her functions in accordance with the requirements of the CIETAC Rules or within the time period specified in the CIETAC Rules, the Chairman of the CIETAC shall have the power to decide whether the arbitrator shall be replaced. The arbitrator may also withdraw from his/her office on his/her own initiative.

In the event that, after the conclusion of the last oral hearing, an arbitrator on a three-member arbitral tribunal is unable to participate in the deliberation and/or render the award owing to his/her demise or removal from CIETAC Panel of Arbitrators, the other two arbitrators may request the Chairman of the CIETAC to replace the arbitrator pursuant to the Arbitration Rules. Or, after consulting with the parties and upon the approval of the Chairman of the CIETAC, the other two arbitrators may proceed with the arbitration and make decisions, rulings or the award.

All arbitrators shall be independent and impartial and shall not represent either party. The CIETAC has made a set of Ethical Rules of Arbitrators to regulate the arbitrators’ behavior in the conduct of arbitration cases.