CGOG and No. On 26 May , the [Seller] appointed Mr. These three Arbitrators formed the Arbitral Tribunal hereinafter the "Tribunal" to hear this dispute. On 27 May , the Secretariat sent out a Notice of Commencement of Arbitration to both parties, respectively, by express mail.
|Published (Last):||3 September 2010|
|PDF File Size:||11.11 Mb|
|ePub File Size:||1.52 Mb|
|Price:||Free* [*Free Regsitration Required]|
The Buyer was also required to appoint arbitrators and submit its answer. The Buyer signed the receipt for these arbitration documents on 17 December The Buyer failed to appoint or to authorize the Chairman to appoint an arbitrator within the required time limit, therefore, the Chairman appointed Ms Zhou Xiaoyan as the Arbitrator for the Buyer according to Article 26 of the Rules.
The parties did not jointly appoint or jointly authorize the Chairman to appoint a third arbitrator within the required time limit, thus according to Article 24 of the Rules, the Chairman appointed Mr Wang Shengchang to be the Presiding Arbitrator.
The Arbitration Tribunal was formed on 15 January and the hearing was scheduled on 28 February According to Article 12 of the Rules, the Arbitration Tribunal conducted a default hearing. After the hearing, the Seller submitted supplementary materials, a copy of which was sent to the Buyer by the Secretariat of the Arbitration Commission. The Buyer was again informed of its right to submit a written answer, which it never did throughout the arbitration.
The Arbitration Tribunal, based on the written materials and the facts ascertained during the oral hearing, has decided the case and rendered the award.
In the transactions, C was to help the Buyer handle the matters in China, including paying freight, ORC, customs duty and the Seller was to manufacture the goods and provide export-related documents and quota certificates. The seller began to fall behind the payment schedule from the year The Seller sent numerous faxes demanding payment.
Although Mr. Chris, CEO of the Buyer, promised to pay off the debts by the end of , the promise has not been fulfilled to date. Around that time, Mr. Chris, in his email, made a promise again to pay off the debts but gave no concrete plan or timetable for repayment. The Seller anticipated that the Buyer would not be able to perform its payment obligation under Contract No. On 17 April , the Seller entered into Contract No. The applicable law The parties did not specify any applicable law in their contracts.
Therefore, the CISG applies to this case. The performance of the fourteen contracts and liabilities for breach thereof The Seller stated that it had performed its contractual obligations under the fourteen contracts No.
The Tribunal found that these items of evidence are objective, relevant, valid and collaborating with each other, and thus should be admitted. The Tribunal concluded that the Seller performed its contractual obligations under the fourteen contracts of sale, and that the Buyer took delivery of the goods without making timely payment of the contract price. To support its claim, the Seller submitted a detailed list of interest calculations.
The calculation was based on the dollar amount of each contract involved and the interest was accrued till 30 November at the annual rate of 7. The Tribunal considers this calculation method consistent with the CISG, and thus the second claim by the Seller is sustained.
Costs of the arbitration The Tribunal decides that the Buyer should bear all the costs of this arbitration. The cost of this arbitration, RMB 73,shall be borne by the Buyer. This award is final. China renminbi are indicated as [RMB]. Candidate London , LL.
CISG CASE PRESENTATION
The [Seller] filed this arbitration based on Contract No. Unless otherwise agreed by the parties, the arbitral tribunal may adopt an inquisitorial or adversarial approach in hearing the case having regard to the circumstances of the case. Where there are multiple parties, additional copies shall be provided accordingly. The power of the emergency arbitrator and the emergency arbitrator proceedings shall cease on the date of the formation of the arbitral tribunal. Washington University in Icetac. An arbitrator shall not represent either party, and shall be and remain independent of the parties and treat them equally.
A guide to the CIETAC Arbitration Rules (2005)
The arbitrations submitted to Beijing are to be administered by them, though the seat and hearings will remain in Shanghai or Shenzhen unless the parties agree otherwise. Shanghai will use its newly-published arbitration rules for any cases that it handles after 1st May Shenzhen will continue using the old CIETAC rules for any cases submitted to it after 1st May until it publishes its new arbitration rules. There is speculation that Beijing was concerned that it had been losing control over its sub-commissions and their associated revenue.
Arbitration in China - CIETAC
Samurn Article 23 Conservatory and Interim Measures. A notice of a subsequent oral hearing, a notice of a postponed oral hearing, as well as a request for postponement of such oral hearing, shall not be subject to the time periods specified in the preceding Paragraph 1. In the absence of such an agreement or where such agreement is in conflict with a mandatory provision of the law, the arbitral tribunal shall determine the law applicable to the merits of the dispute. Where the parties have failed to jointly nominate the presiding arbitrator according to the above provisions, the presiding arbitrator shall be appointed by the Chairman of CIETAC. CIETAC arbitration Rules : flowchart Either party may, within thirty 30 days from its receipt of the arbitral award, request the arbitral tribunal in writing for an additional award on any claim or counterclaim which was advanced in the arbitral proceedings but was omitted from the award. The hourly rate for each co-arbitrator shall be the rate agreed upon by that co-arbitrator and the nominating party.