Challenge to jurisdiction on CIETAC-related case

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In 2012, a dispute broke out between the China International Economic and Trade Arbitration Commission (CIETAC) and its two branches, the Shanghai Sub-commission (CIETAC Shanghai) and the Shenzhen Sub-commission (CIETAC Shenzhen). Soon afterwards, the two sub-commissions renamed themselves and declared their independence.

Due to this dispute, since 2013, cases have arisen in several places of China where one party to the arbitration applied not to enforce the arbitration award on various grounds, such as the nature of the arbitration institution. On 4 September 2013, the Supreme People’s Court released the Circular of the Supreme People’s Court on Issues Concerning Correctly Hearing of Cases Involving Arbitration-related Judicial Review.

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The author, Martin Hu, is founding partner and Blake Yang is an associate at Martin Hu and Partners

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