4 The CIETAC’s Jurisdiction: (Article 3)

Subject(s):

Treaty provisions — Jurisdiction — Arbitration

This chapter focuses on the CIETAC’s jurisdiction. Article 3.1 of the CIETAC Rules provides that the CIETAC accepts cases involving economic, trade, and other disputes of a contractual or non-contractual nature, based on an agreement of the parties. There are three types of cases accepted by the CIETAC: (1) international or foreign-related disputes; (2) disputes related to the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the Taiwan Region; and (3) domestic disputes. However, both the CIETAC and local arbitration commissions are prohibited by the PRC Arbitration Law from assuming jurisdiction over certain types of disputes. The chapter addresses these non-arbitrable matters under PRC law. It then traces the evolution of the CIETAC’s scope of jurisdiction. Lastly, the chapter assesses the jurisdiction of local arbitration commissions.