CIETAC and HKIAC arbitration rules compared (part 1)

The China International Economic and Trade Arbitration Commission (CIETAC), established in 1956, and the Hong Kong International Arbitration Centre (HKIAC), established in 1985, are now well known commercial arbitration organizations. With the rapid development of the Chinese economy and the increasing acceptance of arbitration as a means of resolving disputes, arbitration by both bodies has increasingly drawn the attention of domestic and foreign investment enterprises in the PRC.

This article compares the main features of the arbitration rules of CIETAC and HKIAC, in the hope that it will assist readers in making an informed choice between the two, should the need arise.

Objections to validity, jurisdiction

Under the CIETAC rules, if a party to an arbitration agreement raises an objection as to the existence or validity of the arbitration agreement, or jurisdiction over the arbitration, CIETAC itself has the right to rule on the matter. If necessary, CIETAC may authorize the arbitration tribunal to make a decision on jurisdiction.

Jim Qiu is a partner in the Shanghai office of Yao Liang Law Offices