China International Economic and Trade Arbitration Commission (CIETAC),  adhering to the principle of independence and impartiality,is committed to promoting international and domestic commercial arbitration, enhancing its international influence and competitiveness, building up the credibility of arbitration, and providing Chinese and foreign parties with fair and efficient arbitration legal services. These efforts have achieved significant progress.

 

I.CIETAC’s Main Work in 2018

1. Steadily Increased Caseload and Total Amount in Dispute, Further Improved Arbitration Services 

In 2018, CIETAC accepted 2,962 new arbitration cases with a year-on-year growth of 28.89%, including 522 foreign-related cases (of which 36 were between non-Chinese parties), 9.66% more than 2017 and 2,440 domestic ones, 33.92% more than 2017. The total amount in dispute was RMB 101.59 billion, exceeding 100 billion for the first time, a year-on-year growth of 41.32%. Cases with disputed amount over RMB 100 million totalled 171, a year-on-year growth of 46.15%. CIETAC concluded 2,524 cases, a year-over-year growth of 11.04%. The number of cases in process was 2,022, a year-on-year growth of 28.3%. The parties involved were from 60 countries and regions. Parties were mainly from the United States, Canada, Brazil, Mexico, Germany, the United Kingdom, France, Italy, Spain, Austria, the Netherlands, South Africa, Russia, Australia, India, Japan, Korea, Singapore, Hong Kong, etc. There were 73 cases that involved parties from 23 “Belt and Road” countries. In 79 cases, English, English and Chinese, or German were used as the arbitration languages. There were 59 appointments of foreign arbitrators in 58 cases. There were 20 types of cases, including but not limited to disputes arising out of the sale of goods, non-financial loan contract, equity investment and equity transfer, service contract, electromechanical equipment, and construction projects. In 2018, CIETAC accepted 172 domain name cases, a year-on-year growth of 10.26%.

 

In general, CIETAC caseload increased sharply. The amount in dispute increased significantly with more high-quality cases, and more major and important cases. The statistics demonstraded a growing diversity in case types and complexity of cases, with more international factors involved. The quality of case management and efficiency in concluding cases were further improved.

2. Strict Measures Implemented to Improve Quality and Efficiency of Case Management

Firstly, CIETAC reformed its case-filing procedure by implementing  a one-stop case filing system, streamlining the case filing process, thus improved its efficiency. Secondly, CIETAC was cautious and efficient on the formation of arbitral tribunals. In 2018, a total of 2,134 tribunals were formed, and 5,010 appointment/selection of arbitrators were made, effectively advancing the arbitration process and ensuring the quality of case management. Thirdly, CIETAC was strict on the management of arbitration procedure, taking measures to strengthen the procedural management , and carrying out selective inspections and supervision on cases. Many procedural problems were resolved in a timely manner. Fourthly, CIETAC implemented strict quality control over the arbitration awards. The arbitration tribunal heard the case independently and impartially, made the awards in strict accordance with the law. CIETAC performed scrutiny conscientiously, and improved the scrutiny system constantly, with 2,524 draft awards submitted for scrutiny. The expert advisory committee was fully functioning, with six expert meetings held, to provide expert opinions for difficult cases, so as to ensure the quality of the awards. Fifthly, CIETAC properly handled major and important cases as well as complicated and difficult cases. CIETAC concluded 108 cases whose amount in dispute exceeded RMB 100 million, worked hard to clean out the backlog of cases, and effectively concluded a number of complicated and difficult cases.

3.  Informatization Promoted and  Arbitration Services Facilitated

Firstly, the expedited online system for financial cases is on trial, and the general online case filing system in use. The case managing system via WeChat Enterprise has been constantly improved. Quick view of cases, and electronic signature are now available for arbitrators through WeChat Enterprise, improving the level of informatization and accessability for case management. Secondly, professional stenographers were introduced to oral hearings to imrpove the quality of case hearing minutes and efficiency of hearings. Thirdly, the conditions of hearings and office environment were improved, with an additional office area of nearly 2,400 square meters, and the establishment of two intelligent and integrated modern digital hearing rooms. Facilities were upgraded to satisfy the needs of parties.

4. Institutional Construction promoted and Arbitration Services Extended

By setting up the Silk Road Arbitration Center (Xi’an), Jiangsu Arbitration Center (Nanjing), Shandong Sub-Commission (Jinan), Sichuan Sub-Commission (Chengdu), CIETAC steadily extended its network to facilitate parties to resolve the disputes locally. By lauching CIETAC North America Arbitration Center in Vancouver, Canada, and establishing CIETAC European Arbitration Centre in Vienna, Austria, CIETAC accelerated its building of overseas service network, facilitating its service to the “Belt and Road” commercial entities in economic and trade investment.

5.  Alternative Dispute Resolution Mechanisms Improved to Meet the Needs of the Parties

Firstly, CIETAC Mediation Center was established and the Mediation Rules enacted, to promote its mediation and arbitration service. Secondly, as the only mainland arbitration institution appointed to resolve investment disputes between the Mainland China, Hong Kong and Macao, namely CEPA disputes, by means of mediation, CIETAC published the CEPA Investment Disputes Mediation Rules and the Panel of Mediators to build a dispute settlement mechanism for the settlement of investment disputes between parties from the mainland, Hong Kong and Macao. Thirdly, CIETAC formulated and published the CIETAC Panel of International Investment Arbitrators, engaging 79 investment arbitrators from 36 countries and regions, enhancing China's legal services and practical capacity in resolving international investment disputes.

6. Promotion and Publicity Strengthened, and Domestic and Foreign Influence Enhanced

Firstly, the annual China Arbitration Week was successfully held. 43 events were held in 17 cities across the country within the week, attracting over 6,000 people from more than 30 countries and regions, generating positive responses from home and abroad. In particular, over 340 Chinese and foreign guests attended the "China Arbitration Summit 2018", and about 250,000 people watched it online through live webcast, greatly promoted international arbitration exchanges. CIETAC held "The First CIETAC Global Arbitrators Forum", which was widely welcomed and actively participated by Chinese and foreign arbitrators, further enhanced CIETAC’s global influence. Secondly, the 16th "CIETAC Cup" International Commercial Arbitration Moot was successfully held. More than 500 students from 56 renowned university teams participated in the competition, with over 100 Chinese and foreign arbitration experts served as arbitrators. The number of participating teams and the scale of the competition both reached a record high, making a positive contribution to the cultivation of talents in foreign-related arbitration. Thirdly, more than 70 arbitration-related meetings were successfully held, including the supporting event of the first China International Import Expo – the UN Convention on International Settlement Agreements Resulting from Mediation and China’s Opening-up Forum, the first Xiong’an Arbitration Forum, the Symposium for the Arbitrators in the Guangdong-Hong Kong-Macau Greater Bay Area, etc. CIETAC was invited to attend more than 60 arbitration-related meetings, and CIETAC delegations visited more than 50 famous law firms and large enterprises, effectively strengthening its publicity. Fourthly, 10 CIETAC industry arbitration groups were set up, giving a full play to the expertise of the arbitrators in different industries, and enhancing its leading role in the industries. Fifthly, with CIETAC being a main producer, the first arbitration documentary "Arbitration in China" was broadcasted on CCTV, gaining wide attention and remarkable publicity.

7. The Team of Arbitrators Regulated and the Credibility of Arbitration Enhanced

Firstly, CIETAC improved the assessment system of arbitrator candidates, held training courses on arbitration practices, and engaged talents to its team of arbitrators. Secondly, CIETAC strengthened the supervision over cases, and terminated the service term of three arbitrators in advance for disciplinary violation, which served as a warning to the arbitrators. Thirdly, workshop of selected arbitrators was held, giving full play to the experienced mainstay arbitrators, and reinforcing the professional integrity of the arbitrators. Fourthly, more than 10 arbitrators trainings and seminars were held regularly to improve the capability of case hearing and professionalism of arbitrators. Fifthly, CIETAC enhanced communication with arbitrators, and held experience sharing seminars with arbitrators in Beijing, Shanghai, Shenzhen, Nanjing and other places,  gathering force for joint development.

8. The Case Managers Team Consolidated and the Working Approach Improved

CIETAC attached great importance to its service, took proactive measures to address the problems commonly reflected by the parties, and improved the institutional supervision and management. Quarterly seminars on experience sharing were held among case managers, and case managers were selected to take part in the common law program of the University of Hong Kong, the China-EU Interpretation Training Scheme and other programs for further study. CIETAC also actively exploring training cooperation programs with globally renowned universities in the United States and relevant legal institutions in the United Kingdom,to constantly improve the professional level of its case managers, and expand their international vision.

9.  Arbitration Exchanges and Economic and Trade Development Across the Straits Promoted

Firstly, the 18th Cross-Strait Economic and Trade Arbitration Symposium and other events were successfully held in Taiwan, which further promoted exchanges and cooperation between the legal professionals in arbitration across the straits. Secondly, the Arbitration Center Across the Strait held more than 10 events of cross-strait arbitration exchanges under the theme of the "Belt and Road" Initiative, which expanded the influence of arbitration in the cross-strait economic and trade industries. Thirdly, the first taiwan-related case accepted by the Arbitration Center Across the Strait was heard and concluded by an Taiwan arbitrator. The dispute was properly resolved, setting a good example for handling cross-strait economic and trade disputes.

10. Making Extensive International Communications, and Taking an Active Part in International Arbitration Affairs and Rule-making

Firstly, CIETAC received over 50 delegations from international entities of business circles, arbitration profession, legal profession, and delegations from government officials, universities around the world. CIETAC held series of events during its overseas trips to Europe, Australia and New Zealand, Africa, Latin America, the United States, Canada, Southeast Asia, organized over 40 visits, held over 10 seminars for Chinese companies, and held international arbitration seminars over 30 times, which strengthened the communication and cooperation with the international arbitration profession and business circles. Secondly, CIETAC sent delegations to attend the UNCITRAL meetings, to participate in the deliberation and discussion of relevant  documents, putting forward valuable expert opinions, and contributing Chinese wisdom and experience to the formulation of international arbitration rules.

11.  Communication with the Judiciary Strengthened and a Favorable Judicial Environment for Arbitration Created

Firstly, CIETAC strengthened the exchanges and cooperation with the Supreme People’s Court, and was included in the first group of arbitration institutions in the One-Stop diversified dispute resolution mechanism of the China International Commercial Court, with 21 CIETAC arbitrators selected as members of expert committee in the first release. Secondly, CIETAC visited the Supreme People’s Court and local courts at all levels, and organized over 10 seminars on the topic of judicial supervision and construction of smart court, strengthening communications between arbitration profession and judicial system. Thirdly, CIETAC cooperated with people’s courts at all levels in the process of the judicial review in accordance with law, to ensure the smooth progress of the review and enforcement procedure of competent courts in China. 

12. Theoretical Research on Arbitration Enhanced, the Best Practice of Arbitration Promoted 

Firstly, CIETAC released Annual Report on International Commercial Arbitration in China (2017), published International Arbitration System Research in Countries along the Belt and Road No.4 and China Foreign-Related Arbitration Annual 2016 and 2017 (both in Chinese and English), and 4 seasonal volumes of Arbitration and Law, providing Chinese and foreign parties with crucial firsthand information for reference and analysis. Secondly, CIETAC carried out the case compilation work, to select typical cases in specific industries to provide reference for arbitrators and parties.

 

II. Main Tasks in 2019

CIETAC will conscientiously implement the overall requirements of the rule of law raised by the 19th CPC National Congress, serve the strategic construction and development of the Belt and Road Initiative and Pilot Free Trade Zones (FTZs) , fully expand the areas of commercial arbitration, endeavor to promote the arbitration service for international investment disputes, cultivate arbitration talents, enhance informatization of management, improve the quality, efficiency and accessibility of arbitration services, reduce its cost, and satisfy the growing demands for dispute resolution of the parties.

1. Strive to Promote the Case-management Quality and Efficiency, and Enhance Institutional Competitiveness

CIETAC will strengthen the selective review system for cases, improve the scrutiny of awards and the advisory work of Expert Advisory Committee, and properly handle major and difficult cases. CIETAC will improve the efficiency of case handling, sort out problems in procedure management, streamline and optimize arbitral procedures. CIETAC will promote the reform of oral hearings, improve the internationalization of hearing approaches, and expand the application of advanced international arbitration theories and practices in arbitral proceedings. CIETAC will promote the development of big data, comprehensively strengthen informatization of procedural management, and improve the standardized and refined management of arbitration cases. CIETAC will adopt effective measures to solve prominent problems in case-filing and procedure management, and to improve party’s satisfaction with arbitration services.

2. Speed Up the Institutional Construction, and Further Develop the Functions of Headquarters and Sub-commissions

CIETAC will improve the consolidated and effective management of its headquarters and sub-commissions, and give full play to the role of domestic and foreign sub-commissions. CIETAC will strengthen the construction of various regulations, enrich the business development, implement refined management, and explore new areas for business development.

3. Enhance the International and Professional Level of Arbitrators and Improve the Arbitrators' Supervision Mechanism. 

CIETAC will strengthen the management of arbitrators, enhance the quality of professional training, and further improve the professional knowledge and skills of arbitrators. CIETAC will improve the supervision mechanism for arbitrators, strengthen enforcement of discipline and accountability, and resolutely prevent the occurrence of relevant problems to ensure integrity and impartiality in handling cases.

4. Improve Case Managers’ Competence and Build International Talents

CIETAC will enhance the awareness for responsibility and service, further improving the work of the case managers. CIETAC will adopt innovative methods to train case managers and attract more outstanding talents to join, and focus on elevating their international and professional level.

5. Vigorously Expand Arbitration Business and Market, and Constantly Enlarge the Scope of Services

CIETAC will continuously strengthen its publicity, strengthen its research on key industries, target emerging areas of growth, focus on arbitration market, such as the Belt and Road Initiative and FTZs, and promote arbitration clauses.

6. Build a Platform for Investment Dispute Resolution through Arbitration and Safeguard Chinese Enterprises as they Go Global

CIETAC will strengthen the promotion of CIETAC International Investment Arbitration Rules, deepen the research on international investment arbitration, and provide enterprises with professional services against overseas investment risks.

7. Improve the Quality and Level of Major Arbitration Activities and Deepen Exchanges and Cooperation in International Arbitration

CIETAC will continue to host a series of events during the China Arbitration Week, including the China Arbitration Summit, as well as the CIETAC CUP moot, and widely publicize the achievements of China's arbitration development. CIETAC will explore new channels to expand international exchanges and cooperation, take an active part in international arbitration, continue to participate in UNCITRAL and other representative conferences on international dispute resolution, and strive to make more influential achievements.

8. Summarize Practical Experience of Arbitration and Further Improve Arbitration System

CIETAC will learn from the advanced ideas of international arbitration, combining with China's arbitration practice, to carry out extensive research on arbitration theories, enhance cultural confidence in arbitration, and continuously improve the internationalization and modernization of arbitration in China.

9. Actively Cooperate with the Construction of International Commercial Court of the Supreme People's Court and Improve Alternative Dispute Resolution Services

CIETAC will continue to give full play to its advantages in commercial arbitration and mediation, participate in the construction of a "One-Stop" dispute resolution platform that integrates mediation, arbitration and litigation, and improve alternative dispute resolution mechanisms.

Under the new situation, CIETAC has a full load of tasks and a long way to go. CIETAC will continue to work hard, free the minds, and make brave innovations. With the courage to bear responsibilities and the goal for the best, CIETAC will make unremitting efforts to forge ahead and build China as an international arbitration center.

{{ article.quickLinkTitle ? article.quickLinkTitle : 'Quick Links' }}
Quick Links