King & Wood Mallesons

Asia-Pacific 100 position: 3

Risks to arbitrations as CIETAC Shanghai follows CIETAC Shenzhen and south China

On 11 April 2013, the arbitral institution formerly known as CIETAC Shanghai held a press conference to publicise its establishment as the Shanghai International Economic and Trade Arbitration Commission and its promulgation of a new set of institutional rules that will apply as of 1 May 2013. It will use the name the Shanghai International Arbitration Centre and the official short form of its name will be SHIAC.

Users of arbitration will be aware that this has arisen out of the well-publicised split in May 2012 between CIETAC Beijing and CIETAC Shanghai, South China and Shenzhen following a disagreement over the 2012 CIETAC rules. SHIAC has stated that its establishment has been approved by the Shanghai Municipal Government and agreed by Shanghai Commission for Public Sector Reform. CIETAC, which has set up new Secretariats in Shanghai and Shenzhen, has not yet responded but, as we reported on 22 January 2013, announced that the establishment of Shenzhen Court of International Arbitration (“SCIA”) or South China International Economic and Trade Arbitration Commission (“SCIETAC”) was null and void. We predict the reaction to this latest news will be in the same vein…

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