6 Commencement of the Arbitration and Written Submissions: (Articles 11 to 13, 15 to 17, and 20 to 22)

Subject(s):

Arbitration, procedure — Production of documents — Arbitration

This chapter analyses the provisions on the commencement of arbitration under the CIETAC Rules. It first examines the timing of commencement of arbitration (Article 11) and the CIETAC’s acceptance of a case filing (Article 13). Article 11 provides that the arbitral proceedings shall commence on the day on which the Arbitration Court receives a Request for Arbitration. The chapter then discusses the written submissions to be submitted by the parties—such as the Request for Arbitration, the Statement of Defense, and counterclaims (Articles 12, 15, and 16)—as well as a party’s right to amend its claim or counterclaim (Article 17), which are relevant to the initial stage of an arbitral procedure. It also provides practitioners with guidance on the logistical aspects of case filing and submissions, particularly the mode of submission, exchange of documents, and copies of documents to be submitted (Articles 20 and 21). Finally, the chapter examines a party’s right to legal representation (Article 22).