CIETAC Arbitration Guide for Foreign Companies

CIETAC (China International Economic and Trade Arbitration Commission) is China's premier arbitration institution. Here's what foreign companies need to know about CIETAC proceedings.

About CIETAC

• Established in 1956
• Handles international and domestic disputes
• Headquarters in Beijing, sub-commissions in major cities
• One of the world's busiest arbitration institutions

Starting Arbitration

Filing Requirements

• Request for Arbitration
• Arbitration agreement
• Statement of claim
• Supporting evidence
• Registration fee

The Arbitration Process

1. Filing: Submit request and documents
2. Registration: CIETAC reviews and accepts case
3. Respondent's defense: 45 days to respond
4. Tribunal formation: Parties select arbitrators
5. Written submissions: Exchange of evidence
6. Hearing: Oral arguments and witness examination
7. Award: Tribunal issues final decision

Selecting Arbitrators

• Choose from CIETAC panel or outside
• Three arbitrators for larger disputes
• Sole arbitrator for smaller cases
• Each party selects one, they choose presiding

Timeline

• Standard procedure: 6-12 months
• Summary procedure: 3-6 months
• Complex cases may take longer
• Extensions possible

Costs

Arbitration Fees

• Based on amount in dispute
• Sliding scale percentage
• Paid in advance

Other Costs

• Legal representation
• Expert witnesses
• Translation
• Travel and accommodation

Interim Measures

• Emergency arbitrator available
• Property preservation through courts
• Evidence preservation

The Award

• Final and binding
• No appeal on merits
• Enforceable in China courts
• Enforceable internationally under New York Convention

Tips for Foreign Parties

• Engage experienced China arbitration counsel
• Prepare documents in Chinese
• Understand cultural differences
• Be prepared for document-heavy process
• Consider settlement throughout