How to Start Arbitration at CIETAC HK

Welcome to CIETAC (China International Economic and Trade Arbitration Commission). If you (your company) are going to claim against a business partner or have your business disputes resolved by the means of arbitration, please be aware of the following:

How to Start Arbitration at CIETAC

l  There generally must be an arbitration clause in your contract or a separate arbitration agreement with the business partner if you (your company) apply for arbitration here.

l   Meanwhile, the following documents are to be submitted:

A.  Written Application For Arbitration (including documentary evidences)

If the total claim amount is less than 5,000,000 Chinese RMB, the summary Procedure shall apply, and three sets of written Application For Arbitration are needed.

If the total claim amount is over 5,000,000 Chinese RMB, the general procedure other than Summary Procedure shall apply, and five sets of written Application For Arbitration are needed.

If more than one Respondent is listed, one more set of written Application For Arbitration is needed for every additional Respondent.

B.  An original copy of the Power of Attorney is to be submitted if any arbitration agent is asked to act on your behalf.

C.  If interim measure of protection of property or evidence is necessary, please submit two originals of the written Application for Interim Protection of Property/Evidence and one more set of written Application For Arbitration, and inform CIETAC in writing which specific court of law the Written Application for Interim Protection of Property/Evidence should be forwarded to, with its address, post code, telephone number and other contact details etc.

D.  An original of the certificate of the legal representative of the corporation, copies of the business license, and other necessary documentation are to be submitted.

l  Pay an arbitration fee deposit to the CIETAC Hong Kong Arbitration according to the Arbitration Fee Schedule of the CIETAC Arbitration Rules. In principle, the arbitration fee shall be borne by the losing party, subject to the award by the Arbitral Tribunal.

l   Please also be aware:

A. The texts of written Application For Arbitration must be the originals, bearing the signatures and/stamps. As for documentary evidences, when applying for arbitration, usually the xeroxed copies are only needed other than the originals, which should be brought to the oral hearing for examination at later stage.

B. All the documents should be in tidy form, paged and bound together.

l   For further enquiries, you’re welcomed to contact us at Tel: 852 25298066, Fax: 852 25298266, email: hk@cietac.org. Or, you may also visit our website www.cietachk.org for relevant information.