Scope of the Jurisdiction of China’s International Economic and Trade Arbitration Commission (CIETAC)

Document Type : academic

Authors

1 Ph.D. Student in Private Law, Faculty of Law, Islamic Azad University Isfahan (Khorasgan), Isfahan, Iran

2 Associate Professor, Law Department, University of Isfahan, Isfahan, Iran

3 Assistant Professor, Department of Law, Faculty of Law, Islamic Azad University Isfahan (Khorasgan), Isfahan, Iran

Abstract

The China International Economic and Trade Arbitration Commission-CIETAC is an important arbitration organization that many businessmen and investors from all over the world refer to annually to resolve international commercial disputes. This article tries to answer these questions: how and under what conditions does CIETAC have the jurisdiction to settle disputes, what is its scope of jurisdiction, and how does it increase the scope of its jurisdiction. The results show that by concluding a valid arbitration agreement within the personal and material scope determined by Chinese laws and the regulations of CIETAC, this organization acquires the jurisdiction to settle international commercial disputes. By recognising the possibility of a supplementary agreement between the parties, clarifying the ambiguity of the arbitration agreement and increasing its competencies by repeatedly amending its regulations, CIETAC has expanded its jurisdiction.

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History

  • Receive Date: 08 July 2022
  • Revise Date: 19 February 2023
  • Accept Date: 02 April 2023

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