8 Conduct of Arbitral Proceedings: (Articles 35 to 47)

Subject(s):

Deliberation and drafting — Place of arbitration — Conduct of proceedings — Confidentiality — Burden of proof — Expert evidence — Arbitration — Conciliation

This chapter details the conduct of arbitral proceedings under the CIETAC Rules. It considers important procedural matters regarding the conduct of oral hearings, such as: principles on conduct of hearing; place of oral hearing; notice of oral hearing; confidentiality; default from arbitral proceedings; and record of oral hearing (Articles 35 to 40); some rules in regard to evidentiary issues (Articles 41 to 44); suspension of arbitral proceedings (Article 45); a party’s withdrawal of its claim and the associated consequences (Article 46); as well as the unique practice of combining conciliation and arbitration (Article 47). Article 35.1 provides that the arbitral tribunal shall examine the case in any way it deems appropriate unless otherwise agreed by the parties. Under all circumstances, the arbitral tribunal shall act impartially and fairly and shall afford a reasonable opportunity to both parties to present their case. As a principle, the arbitral tribunal is required to hold an oral hearing under the CIETAC Rules. However, there are two exceptional situations where the arbitral tribunal may examine the case on the basis of documents only, namely: (1) where all the parties agree and the arbitral tribunal consents; and (2) where the arbitral tribunal deems that oral hearings are unnecessary and the parties so agree.