CIETAC Shanghai Sub-Commission Challenges the Monopoly Power of CIETAC

CIETAC released a notice on April 24th that announced the new “Arbitration Regulations” will come into force on May 1 of this year and will be applicable in the CIETAC and all its sub-Commission. Soon after, the Shanghai sub-Commission announced on April 30 that “the CIETAC Shanghai sub- Commission Arbitration Regulations” will be applicable and separate “Arbitrator List of the CIETAC Shanghai sub-Commission” will be taken effect. On May1, the CIETAC claimed that “Regulations formulated by the CIETAC Shanghai-sub Commission are invalid” and “the arbitrator list hired by Shanghai sub- Commission is invalid.” On May 2, the Shanghai sub-Commission said the revision of “Regulations” and “Arbitration Rules” produced by the CIETAC are “in serious violations of procedure and are thus invalid” and “the sub-commission will not apply them.”

The main issue of the CIETAC new “Arbitration Regulations” is directed at cases jurisdiction and the relationship between the CIETAC and local sub-commissions. Due to the finance and personnel of the Shanghai sub-commission has always been managed separately and handle cases independently, thus, Shanghai sub-commission pointed out that the fact of...

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