Arbitration has become the most usual alternative dispute resolution method for international disputes, in particular in the field of international trade. In the world, the most important arbitration body in this area is indisputably the International Court of Arbitration of the International Chamber of Commerce (“ICC”), located in Paris. In China, the most important arbitration body is the China International Economic and Trade Arbitration Commission (“CIETAC”).
As the expansion of international trade and investment introduces additional complexity to the business relationships between the various economic operators around the world, arbitration rules should improve the administration of cases, provide for a more transparent and predictable resolution of disputes, and meet the needs for interim and protective measures.
This is the context surrounding the adoption of new rules of arbitration by the ICC in 2012 (“ICC Rules”) and by the CIETAC in 2015 (“CIETAC Rules”). It is interesting to note that there is a convergence, if not a similarity, between the amendments made to each of these two sets of rules.
Pursuant to a Decree dated March 11, 2015 relating to the simplification of civil procedure, electronic communications and amicable dispute resolution, any and all summons must, since April 1, 2015, specify the steps taken by the parties to attempt to amicably settle their dispute.
Yet, in France like in China, the effectiveness of alternative dispute resolution clauses included by the parties in their contracts remains often uncertain.
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