1 Article 7 of the ICETTAC rules authorizes parties to designate a place of arbitration outside China; But this rarely happens. In a 2011 interview, Yu Jianlong, SECRETARy general of CIETAC, answered a question on this point: “Each year we have several cases in Hong Kong, and I remember one in Salzburg and one in Perth, Australia. We have also come across cases where parties have chosen a seat in the United States. But it`s still rare. This is partly due to the fact that CIETAC deals primarily with China-related litigation and that a headquarters in China makes it easier for parties to access Chinese courts, which can provide support as interim measures under China`s arbitration law. Alison Ross, An Interview with Yu, Global Arbitration Review (September 5, 2011). The headquarters or arbitration tribunal is [the State of Georgia, United States of America, in the city of Atlanta, Fulton County].3 The following ad hoc arbitration clause (with the exception of the provision known as the Atlanta Arbitration Place) comes from Jan Paulsson, Nigel Rawding and Lucy Reed, The Freshfields Guide to Arbitration in International Contracts (3d ed., 2011): 3 LCIA rules provide that “the parties may agree in writing the seat (or legal place) of their arbitration proceedings. If such a choice does not exist, the seat of arbitration is London …. See the rules of the LCIA, art. 16.1. Arbitration clauses provide that disputes are dealt with by a designated arbitration tribunal and may arise in the national and international context. A compromise clause may or may provide that an institution (such as the International Chamber of Commerce (ICC) or the London Court of International Arbitration (LCIA) manages arbitration according to its own rules or other rules. This note gives the example of an international arbitration clause that does not provide for an institution to manage arbitration. 1.
Disputes, disputes, controversies or claims arising from or related to this agreement are identified and decided by arbitration in [Atlanta, Fulton County, State of Georgia, United States of America]. “Any dispute arising from or related to this Agreement, including matters relating to its existence, validity or termination, will be settled definitively by arbitration. [11. The parties agree that the arbitration procedure will be implemented in accordance with the IBA`s rules of evidence, as they are up to date on the date [of this agreement/start of the arbitration procedure].] The law applicable to the arbitration agreement is […] 7. If an arbitrator appointed by one of the parties is unable to participate in the arbitration or to participate in the content of the dispute at any time after the hearings begin or refuses to participate in the content of the dispute, the two remaining arbitrators may continue the arbitration process and issue an arbitration award without a vacancy being considered nascent if they find, at their discretion, that the failure or refusal of the other arbitrator to participate is without reasonable excuses. 2 The annotated version of the DIS arbitration clause provides for the possibility of arbitrations managed by DIS outside Germany. See Annotated DIS Rules, 7; See also the DIS rules, No. 21.
Some of these arbitration proceedings did take place. See DIS 2009 statistics. “Any disputes arising from or related to this contract, including the violation, termination or validity of this contract, are definitively settled by arbitration, in accordance with the rules of the International Institute for The Prevention of Conflict and Conflict Resolution (“CPR”) for the management of international dispute arbitrations by [three arbitrators] [three arbitrators] [three arbitrators] [three arbitrators] each party appoints an arbitrator appointed by the third arbitrator appointed by the CPR] [three arbitrators] each of which designates one, with the third arbitrator appointed by the two arbitrators appointed by the party] [three arbitrators appointed in accordance with the armoured appointment procedure under Rule 5.4[three arbitrators, none of whom are appointed by any of the parties].