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31 December 2012 China International Economic and Trade Arbitration Commission Announcement On Issues Concerning CIETAC Shanghai Sub-Commission and CIETAC South China Sub-Commission
China International Economic and Trade Arbitration Commission（CIETAC） is a foreign-related arbitration commission set up by the China Council for the Promotion of International Trade (China Chamber of International Commerce) （CCPIT/CCOIC）upon the decision of the Central People’s Government. CCPIT (CCOIC) is the authority by the Arbitration Law of the People’s Republic of China to set up a foreign-related arbitration commission and to formulate foreign-related arbitration rules. The CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission (originally named the CIETAC Shenzhen Sub-Commission) were set up by the decision of CCPIT (CCOIC) upon approval of the State Council. Both the CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission are branch offices of CIETAC. The CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission have decided without authorization not to accept the lawfully revised CIETAC Arbitration Rules (2012), set up respectively their own arbitration rules and panels of arbitrators, refused to remain under the leadership of CIETAC in respect of case administration, and declared themselves independent arbitration commissions. The CIETAC South China Sub-Commission has changed its name without authorization and lawful procedure into Shenzhen Court of International Arbitration and South China International Economic and Trade Arbitration Commission and has changed without authorization its institutional status of a sub-commission of CIETAC. All of the above conducts by The CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission are done without any legal basis. In order to uphold the uniformity of the legal system of arbitration in China, safeguard parties’ arbitration rights and ensure CIETAC’s normal business operation, upon authorization and approval by the CCPIT (CCOIC) and in accordance with the Arbitration Law of China, the CIETAC Articles of Association and the CIETAC Arbitration Rules, CIETAC hereby announces the following decisions on the issues concerning the CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission: 1. The conduct of changing its name and its institutional status of a sub-commission of CIETAC by the CIETAC South China Sub-Commission without lawful procedure is null and void by law. The arbitration rules and panel of arbitrators made by the CIETAC South China Sub-Commission in the name of South China International Economic and Trade Arbitration Commission without authorization are null and void by law. 2. The CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission are hereby forbidden to continue in any way and any form the use of the name, brand and relevant logo of “China International Economic and Trade Arbitration Commission”, either in Chinese or English, and to conduct any further arbitration activities in the names of CIETAC Shanghai sub-commission and CIETAC South China Sub-Commission. 3. Authorization to the CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission for accepting and administering arbitration cases is hereby terminated. 4. Where parties have agreed to arbitrate their disputes by the CIETAC Shanghai Sub-Commission or the CIETAC South China Sub-Commission, the parties shall submit their requests for arbitration to CIETAC and the CIETAC Secretariat shall accept such requests and administer such cases. Without CIETAC’s authorization, no institutions shall have the right to accept or administer the afore-mentioned arbitration cases. 5. When the CIETAC Secretariat accepts and administers the above-mentioned cases, unless otherwise agreed by the parties, for cases agreed to be arbitrated by the CIETAC Shanghai Sub-Commission, the place of arbitration and the place of oral hearing shall be Shanghai; for cases agreed to be arbitrated by the CIETAC South China Sub-Commission, the place of arbitration and the place of oral hearing shall be Shenzhen. 6. For information and consultation about the afore-mentioned cases, please contact the CIETAC Secretariat at the following:
Shanghai Shenzhen Beijing Tel: 86-21-58200329 Tel: 86-755-82796739 Tel: 86-10-82217788 Fax: 86-21-50810965 Fax: 86-755-23964130 Fax: 86-10-82217766 Email: infosh@cietac.org Email: Infosz@cietac.org Email: info@cietac.org
7. Cases accepted and administered by the CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission before 1 August 2012 may be concluded in accordance with the CIETAC Arbitration Rules and under the uniform leadership of CIETAC in respect of case administration as provided in the Rules. 8. Separate arrangement will be made with regard to the business operation of CIETAC’s branch offices in Shenzhen and Shanghai. We regret any inconvenience caused by the inappropriate conduct by the relevant sub-commissions. As always, CIETAC will strive to provide quality and efficient arbitration services to parties home and abroad.
China International Economic and Trade Arbitration Commission (the seal)
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