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Procedural Considerations In Cietac Arbitrations Seated In Vienna

Procedural Considerations In Cietac Arbitrations Seated In Vienna This article analyses some of the most important legal implications of international arbitrations seated in Vienna and administered by the newly established European Arbitration Centre of the China International Economic and Trade Arbitration Commission (CIETAC). First, the article focuses on consolidations, joinders and multiple contracts, particularly in the context of supply chains involving multiple parties. The article demonstrates that the CIETAC Rules offer a more effective approach for consolidations, and the Vienna Rules vest the arbitral tribunal with a broader discretionary power for granting a joinder. Second, the article addresses arbitration agreements involving a consumer. If the seat of an arbitration is in Austria, strict legal requirements have to be fulfilled regarding the conclusion of arbitration agreements with consumers. Third, the article covers interim and conservatory measures by comparing the CIETAC Rules with the Vienna Rules and introduces possible solutions for the CIETAC European Arbitration Centre to submit an application for interim or conservative measures to the competent Chinese courts. Fourth, the article discusses the requirement of foreign (non-Chinese) elements in contracts to be able to select non-Chinese arbitration institutions and non- Chinese substantive law. Are foreign funded enterprises (seated in Mainland China) allowed to agree on a Vienna-seated arbitration administered by the CIETAC European Arbitration Centre? http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asian International Arbitration Journal Kluwer Law International

Procedural Considerations In Cietac Arbitrations Seated In Vienna

Asian International Arbitration Journal , Volume 17 (1): 38 – May 1, 2021

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Publisher
Kluwer Law International
Copyright
Copyright © 2021 Kluwer Law International BV, The Netherlands
ISSN
1574-3330
Publisher site
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Abstract

This article analyses some of the most important legal implications of international arbitrations seated in Vienna and administered by the newly established European Arbitration Centre of the China International Economic and Trade Arbitration Commission (CIETAC). First, the article focuses on consolidations, joinders and multiple contracts, particularly in the context of supply chains involving multiple parties. The article demonstrates that the CIETAC Rules offer a more effective approach for consolidations, and the Vienna Rules vest the arbitral tribunal with a broader discretionary power for granting a joinder. Second, the article addresses arbitration agreements involving a consumer. If the seat of an arbitration is in Austria, strict legal requirements have to be fulfilled regarding the conclusion of arbitration agreements with consumers. Third, the article covers interim and conservatory measures by comparing the CIETAC Rules with the Vienna Rules and introduces possible solutions for the CIETAC European Arbitration Centre to submit an application for interim or conservative measures to the competent Chinese courts. Fourth, the article discusses the requirement of foreign (non-Chinese) elements in contracts to be able to select non-Chinese arbitration institutions and non- Chinese substantive law. Are foreign funded enterprises (seated in Mainland China) allowed to agree on a Vienna-seated arbitration administered by the CIETAC European Arbitration Centre?

Journal

Asian International Arbitration JournalKluwer Law International

Published: May 1, 2021

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