CIETAC Arbitration Practice Q&A
If the parties have a specific preference on the nationality of presiding arbitrator, previously make an agreement in the arbitration clause is the best trouble saving way.
In CIETAC practice, most of the non-Chinese presiding arbitrators provide an hourly rate fee proposal, if the arbitration clause fails to provide the appointment of presiding arbitrator, a Chinese presiding arbitrator is usually nominated based on the consideration of the arbitrator’s fee. Before the formation of the arbitral tribunal, if either party proposes a non-Chinese presiding arbitrator and is willing to prepay his/her arbitrator’s fees, CIETAC will respect that and thereby nominate a non-Chinese presiding arbitrator.
CIETAC’s fast and efficient approach does not mean that parties in complex cases do not have sufficient time to prepare evidences and statements.
By taking into consideration of both parties’ opinions, the arbitral tribunal issues procedure arrangement including numbers of submissions, rounds of hearings, and the deadline for relevant documents, etc.
CIETAC has no interference in whether the arbitral tribunal adopting an inquisitorial or adversarial approach, the parties can achieve their purpose through arbitrator appointment or providing such agreement in arbitration clause.
CIETAC is more flexible and meets different needs of either a more fast and cost-effective inquisitorial approach or a more international trend of adversarial approach.
You don’t have to. A foreign lawyer can appear alone before the tribunal. It is usually on the consideration that Chinese lawyers are more familiar with Chinese laws and on the need of Chinese lawyers to give legal advice on Chinese laws for a foreign lawyer to appear in conjunction with a Chinese lawyer.