Why Arbitration in CIETAC South China

● Independent and Impartial

As a leading international arbitration institution, the CIETAC is independent of any government agencies in China. In CIETAC arbitration practice, the arbitrators, including those appointed by parties, do not represent any parties and must remain independent and impartial. During the arbitration proceedings, each party is offered equal opportunities to present its case. Over the decades, the CIETAC's

independence, integrity and impartiality have been universally recognized by its users at home and abroad.

● International

The CIETAC accepts both domestic and international cases. The types of commercial disputes that may be resolved by the CIETAC are not limited by the nature of the parties' business and their nationality.

The CIETAC Arbitration Rules have been revised several times since its formulation. The present Arbitration Rules are quite similar to those of other major international arbitration institutions, and offer the parties maximum autonomy possible under the current arbitration law.

● Specialized Competence of Arbitrators

The CIETAC arbitration is international also in terms of its arbitrators. The CIETAC maintains a Panel of Arbitrators composed of roughly 1,000 arbitrators, who are domestically or internationally renowned experts in arbitration or in a particular field, like trade, technology, finance and other specialty. Among them, nearly 300 foreign arbitrators are from more than 30 jurisdictions.

● Speed and Efficiency

In CIETAC arbitration, the parties may decide on the procedure to be followed. Since the evidence and pleadings have been fully exchanged in writing between the parties beforehand, CIETAC oral hearings are generally short, and usually last one to three days only. As a result, the CIETAC arbitration process is fast and efficient. Most of CIETAC arbitration cases are concluded within 6 months after the tribunal is duly constituted. (For summary procedures, the time limit is 3 months; for cases applying the Financial Disputes Arbitration Rules, the time limit is 45 working days.)

● Cost-Effective

As an international arbitration institution，the CIETAC arbitration fees are relatively low compared to other major international arbitration institutions. Under the same circumstances, the CIETAC arbitration fees are almost the same as those of other arbitration institutions in China. Because of its, characteristics such as finality and efficiency, arbitration is more economical than litigation in terms of saving costs.

● Combination of Arbitration with Mediation/Med-Arb

CIETAC arbitration is featured by its unique practice of the combination of

arbitration with mediation. As an advantageous mixture of the merits of arbitration and mediation, the combination not only resolves disputes, but also renews positive business and personal relations between the parties.

There are two approaches to combine mediation and arbitration in resolving disputes: One is mediation during the arbitration proceedings. With the parties' consent or upon the parties' request, the tribunal may, at any time during the proceedings, play the role of conciliators and attempt to help the parties to reach a settlement agreement. This is what is called the “Experience of the East”. The other approach is mediation outside of arbitration. The CIETAC South China Mediation Center has specialized services to assist the parties to reach a settlement

agreement outside of arbitral proceedings and guarantee the enforceability of such settlement by issuing an arbitral award on terms of the settlement agreement.

● Professional and Supportive Secretariat

The CIETAC arbitration cases are administered by the Secretariat consist of highly qualified and professional staff members. At present, each case is assigned a case manager to take charge of the procedural administration. With master or doctor degrees in law and versed in various languages such as English and French, these staff members are readily available to provide effective assistance to arbitrators and parties.

● Award Scrutinizing Practices

One of the most important functions of the CIETAC Secretariat is the scrutiny of arbitral awards. The CIETAC Arbitration Rules provide that the arbitral tribunal shall submit its draft award to the CIETAC for scrutiny before signing the award. The CIETAC may remind the arbitral tribunal of issues in the award on condition that the arbitral tribunal’s independence in rendering the award is not affected. In CIETAC arbitration, scrutiny is a key element ensuring that arbitral awards are of the highest possible standard and thus less susceptible to annulment in the national courts than they might otherwise be. The scrutiny process provides the parties with an additional layer of protection that would not otherwise be available, since arbitral awards are generally not subject to appeal. This unique quality-control mechanism thus enhances the reliability of CIETAC arbitration.