A. LEGISLATION, TRENDS AND TENDENCIES
A.1 Disputes among China International Economic and Trade
Arbitration Commission (“CIETAC”)’s Sub-Commissions
A.1.1 Disputes between CIETAC and Its Sub-Commissions
On August 1, 2012, CIETAC suspended the authorization of
CIETAC South China Sub-Commission (“CIETAC Shenzhen”)
and CIETAC Shanghai Sub-Commission (“CIETAC Shanghai”)
to accept and administer arbitration cases. CIETAC Shanghai
had refused to adopt the 2012 CIETAC Rules, and on August 4,
2012 published its own arbitration rules and announced that it is
an independent arbitration commission named “CIETAC
Shanghai Commission”. CIETAC Shenzhen has also changed its
name to South China International Economic and Trade
Arbitration Commission and is concurrently using the name of
“Shenzhen Court of International Arbitration” (“SCIA”). The
SCIA released its own rules as from December 1, 2012.
The conflict between CIETAC and its former Shenzhen and
Shanghai sub-commissions was compounded when the
Guangdong Provincial Department of Justice and Shanghai Justice
Bureau separately advised in December 2012 that SCIA and
CIETAC Shanghai Commission are legally formed independent
arbitration bodies and have the authority to accept and hear
arbitration cases. Subsequently, CIETAC Shanghai Commission
announced on April 12, 2013 that the Shanghai Municipal
Government approved CIETAC Shanghai Commission officially
becoming the “Shanghai International Economic and Trade
Arbitration Commission” and that it will use the name “Shanghai
International Arbitration Centre” (“SHIAC”) concurrently.