3 General Provisions: (Articles 4, 7 to 10, 83, and 84)

Subject(s):

Good faith — Treaty provisions — Place of arbitration — Interpretation of award — Production of documents — Recognition and enforcement — Treaties, application — Arbitration

This chapter examines some of the general provisions of the current CIETAC Rules. It covers the Scope of Application (Article 4), the Interpretations of the Rules (Article 83), and Coming into Force of the Rules (Article 84), which are necessary provisions for any set of rules. In accordance with Article 4.1, the CIETAC Rules will be applied uniformly to all arbitrations administered by the CIETAC headquarters in Beijing or by the CIETAC’s sub-commissions and arbitration centres, including the CIETAC Hong Kong Arbitration Center. Article 4.2 provides that whenever parties have agreed to ‘arbitration by CIETAC’, they will be deemed to have agreed to the application of the CIETAC Rules. The chapter then describes other general but important provisions, including: Place of Arbitration (Article 7); Service of Documents and Periods of Time (Article 8); and Language (Article 81). Undoubtedly, the place of arbitration, the service of process, and the language of arbitration are fundamental aspects for any arbitration case. Lastly, the chapter looks at two general principles for commercial arbitration: Good Faith (Article 9); and Waiver of Right to Object (Article 10).