CIETAC Arbitration Counsel
A CIETAC clause is a reason to prepare early.
Counsel in CIETAC arbitrations and in the recognition and enforcement of CIETAC awards under the New York Convention.
- Institution
- China International Economic and Trade Arbitration Commission
- Headquarters
- Beijing, China
- Current rules
- CIETAC Arbitration Rules (2024)
- In force from
- 1 January 2024
CIETAC arbitration,
prepared from the clause.
The China International Economic and Trade Arbitration Commission, headquartered in Beijing, administers arbitrations under the CIETAC Arbitration Rules (2024), effective 1 January 2024. For many contracts with Mainland Chinese counterparties a CIETAC clause is part of the bargain — and the question becomes how to make it work.
ME Law advises on CIETAC clauses and proceedings, and on enforcing and resisting CIETAC awards outside China, working with PRC-qualified counsel wherever Chinese law, the Chinese courts or a hearing in the Mainland is involved. China is a party to the New York Convention, with the reciprocity and commercial reservations, so CIETAC awards can be enforced in the Convention’s other Contracting States.
- CIETAC clause drafting and review
- Proceedings under the 2024 Rules
- Interim measures in and outside China
- Enforcing CIETAC awards abroad
A Chinese counterparty, Chinese assets, Chinese law — each changes how a dispute should be run.
A CIETAC clause is
a reason to prepare,
not to lose control.
Default rules fill every gap a clause leaves: the seat, the language, the tribunal. We close those gaps at the drafting stage — and, once a dispute arises, plan the preservation and enforcement steps before the first filing.
Fixing the defaults
The seat, the CIETAC sub-commission or centre, the language, the number and nationality of arbitrators and the governing law — settled in the clause rather than left to the Rules.
Interim measures early
In a Mainland-seated arbitration, interim measures are ordered by the courts. CIETAC forwards the application to the competent court — under the 2024 Rules, even before the notice of arbitration is served, and to courts outside the Mainland where the assets are there.
Constitution and challenges
Nominations weighed for expertise, language and independence, from CIETAC’s panel or as the Rules allow.
Under the 2024 Rules
Early dismissal applications, funding disclosure, and hearings in person or by video, prepared with PRC counsel where Chinese law is in issue.
Recovery in and outside China
Enforcement abroad under the New York Convention, and in China through the Chinese courts with PRC counsel.
CIETAC arbitration,
stage by stage.
Each stage of an institutional arbitration has its own rules, deadlines and strategic choices. Select a category to see the typical matters and the related services.
CIETAC Clause Drafting
Clauses that specify the seat, the CIETAC sub-commission or centre, the language, the number and nationality of arbitrators and the governing law — the points that otherwise fall to the Rules’ defaults.
- Seat and sub-commission
- Language of the arbitration
- Number and nationality of arbitrators
- Governing-law provisions
Proceedings Under the 2024 Rules
Requests for the early dismissal of claims manifestly without legal merit or beyond the tribunal’s jurisdiction, decided within 60 days; disclosure of third-party funding; and hearings in person, by video or by other appropriate means.
- Early dismissal applications
- Third-party funding disclosure
- Remote and hybrid hearings
- Multi-contract claims
Interim Measures
Applications for preservation that CIETAC forwards to the competent courts — before the notice of arbitration is served where urgency requires it, and to courts outside the Mainland where the assets are there.
- Asset preservation
- Evidence preservation
- Pre-arbitration applications
- Courts outside the Mainland
Enforcing CIETAC Awards Abroad
Enforcing CIETAC awards under the New York Convention against assets held outside the Mainland — in Hong Kong under the Mainland–Hong Kong awards arrangement, and elsewhere under the Convention.
- New York Convention enforcement
- Hong Kong enforcement
- Freezing relief in aid of enforcement
- Asset tracing
Awards in the Chinese Courts
Working with PRC counsel on the enforcement of awards in the Mainland and on the Chinese courts’ review of foreign-related and foreign awards, in which a proposal to refuse enforcement is reviewed by higher courts before it is made.
- Enforcement applications in China
- Review by higher courts
- Foreign awards in China
- Coordination with PRC counsel
Hong Kong & Singapore Alternatives
Where the parties can agree, a Hong Kong or Singapore seat — under HKIAC, SIAC or ICC rules — with the interim-measures and enforcement arrangements each offers for Mainland assets.
- Hong Kong-seated arbitration
- Singapore-seated arbitration
- Mainland interim measures
- Enforcement planning
CIETAC arbitration
under the 2024 Rules.
The CIETAC Rules 2024
The CIETAC Arbitration Rules (2024) came into force on 1 January 2024. They:
- require a funded party to disclose third-party funding, which the tribunal may take into account in deciding costs;
- allow a party to request the early dismissal of claims that are manifestly without legal merit or beyond the tribunal’s jurisdiction, with a decision within 60 days;
- allow CIETAC to forward applications for interim measures to the competent court before the notice of arbitration is served, including to courts outside the Mainland;
- allow hearings in person, by videoconference or by other appropriate means.
China’s revised Arbitration Law
China’s revised Arbitration Law, adopted on 12 September 2025, came into force on 1 March 2026. For foreign-related disputes, the parties may now agree on the seat of arbitration, which determines the procedural law, the supervising court and where the award is made; ad hoc arbitration is permitted for certain foreign-related disputes, such as maritime disputes and disputes between enterprises in the pilot free trade zones. The period for applying to set aside an award is shortened from six months to three, in line with the UNCITRAL Model Law, and the law sets out a statutory framework for recognising and enforcing foreign awards. Interim measures remain a matter for the courts.
Enforcing CIETAC awards outside China
China acceded to the New York Convention in 1987 with the reciprocity and commercial reservations. A CIETAC award can therefore be enforced in the Convention’s other Contracting States, subject to the Convention’s grounds for refusal; in Hong Kong, Mainland awards are enforced under the Mainland–Hong Kong arrangement rather than the Convention.
Awards in the Chinese courts
Foreign and Hong Kong awards are enforced in the Mainland through the Chinese courts, where applications concerning foreign-related and foreign awards are subject to an internal reporting system: a lower court’s proposal to refuse enforcement is reviewed by higher courts before any refusal is made. We work with PRC-qualified counsel on every step in the Chinese courts.
Choosing the forum
For many contracts the practical choice is between CIETAC in the Mainland and an offshore seat — Hong Kong or Singapore — under HKIAC, SIAC or ICC rules. The answer depends on where the counterparty’s assets are and on which interim-measures and enforcement routes will reach them: see HKIAC arbitration and disputes with Chinese parties.
Claimants and respondents
under the same rules.
We act for claimants and respondents, and advise parties deciding whether these rules belong in their contracts.
Foreign Companies Contracting With Chinese Parties
Supply, manufacturing, distribution and services disputes under CIETAC clauses.
Investors in China
Joint-venture and investment disputes with Chinese partners.
Trade & Sourcing Companies
Quality, delivery and payment disputes across the supply chain.
Financial Institutions
Finance and guarantee disputes with Chinese counterparties.
General Counsel
Negotiating dispute-resolution clauses with Chinese counterparties.
A CIETAC clause is not a reason to lose control of a dispute. It is a reason to prepare for one early.
A dispute with
a Chinese counterparty?
Whether you are negotiating a CIETAC clause, facing a CIETAC arbitration or holding an award against a Chinese party, speak with senior counsel about the forum, preservation and enforcement options.
Consultations are held in person or by video, wherever you are. Describe the matter briefly — no confidential details are needed until a conflict check is complete.