Welcome to inquire China International Economic and Trade Arbitration Commission! If you/your company plans to claim compensation or resolve disputes through arbitration, please pay attention to the following instructions for applying for arbitration.
1. You/your company shall have arbitration clause in the contract or reach a written arbitration agreement with the other party.(Please refer to the Model Arbitration Clause)
(1) Application for arbitration and supporting evidence (including contract(s) with an arbitration clause or written arbitration agreement)(Please seeApplication for Arbitration Model)
i. The Summary Procedure shall apply to any case where the amount in dispute does not exceed RMB5,000,000 unless otherwise agreed by the parties, or where both parties have agreed to apply the Summary Procedure. The Application of Arbitration and the attached evidences shall be submitted in triplicate, otherwise all the documents above shall be submitted in quintuplicate. All relevant explanations previously submitted during the case filing, including the written explanations uploaded on the Platform after the reviewed by the secretary shall be submitted in writing in number of copies.
ii. If there is more than one Respondent, then for each additional Respondent, an additional application for arbitration and evidences shall be added accordingly.
iii. If the Claimant provides multiple delivery addresses of the Respondent and would like to send the arbitration documents to multiple addresses at the same time, please submit relevant application in writtenand submit the corresponding number of materials.
iv. The Application for Arbitration shall be submitted in original, stamped with seal or signed by an authorized representative/agent.If the Claimant is a natural person, the Application for Arbitration shall be signed by the Claimant or the authorized agent.
Generally, evidence only needs to be photocopies, but the original evidence shall be taken for cross-examination in hearing.
(2)If the Claimant entrusted an agent, please submit the original power of attorney in copies.(Please see Power of Attorney Model)
(3)Documents on Capacity
i. Documents on Capacity of the Claimant: If the Claimant is a company, please submit copies of business license and the original certificate of the identity of legal representative (please indicate the date of signature); If the name of the Claimant has changed, please submit the evidence of the change of name in copies. If the Claimant is a natural person, please submit copies of identity documents such as ID cards/passports in copies (please ensure the identification is valid).
ii. Documents on Capacity of the Respondent: If the Respondent is a company, please submit documents on capacity of the Respondent in copies (documents download from various online search platforms). If the Respondent has changed its name, please submit the evidence of the change of name in copies. If the Respondent is a natural person, please submit Respondent's ID card or the result of the household registration information query in copies (please ensure the identification is valid).
iii. If the contract contains natural person, please inform in written whether there is a situation as stipulated in Article 13 of the Interpretation (I) of the Interpretation of Several Issues Concerning the Application of the Law Applicable to Civil Relations Involving Foreign Elements by the Supreme People’s Court.
(4) If you need to apply for property preservation/evidence preservation, please:
i. Submit Application for Property Preservation/ Application for Evidence Preservation in duplicate;
ii. Submit one additional Application for Arbitration and its attached evidence；
III. Written instructions on the information of the court, including name, address, postal code and/or telephone number.
CIETAC will not review the documents related to preservation. The specific format and requirements shall be subject to the response of the court.
4. Please note that the Application for Arbitration shall be paginated and bound.(No specific binding requirements)
Please pay the arbitration fee in advance according to the arbitration fee schedule in the Arbitration Rules. The amount of arbitration fee will be notified to the Claimant in written after the Arbitration Commission receipt of the application. The bearing of the arbitration fee shall be determined by the arbitration tribunal in the award, and in principle, it shall be borne by the losing party.
If there is a need for payment on behalf of others: In accordance with the requirements of the State Taxation Administration on the integration of "three flows", CIETAC only collects arbitration fees from the parties involved and does not accept agency payment in principle. If there are special circumstances where the Claimant cannot pay the arbitration fees, please submit explanations in written based on the actual situation and download the template of the "Agency Payment Agreement" from the official website. Please fill in the relevant information truthfully, signed by legal person or person in charge and affixed with the seal of the company (natural person shall sign in person), and then mail one copy of the original to CIETAC. All service charge for remittance shall be borne by the remitter; otherwise, it will affect the normal progress of the confirmation of the funds and the application of arbitration.
Upon the written application of the Claimant, CIETAC may issue a receipt first to the Claimant. After the conclusion of the arbitration case, the parties may scan the code to issue an invoice. (The parties concerned can view the invoice application QR code.
5. For any other inquires, please call +86 10 82217788, fax +86 10 82217766, visit or view our website www.cietac.org.
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