1. Chapter 8 Arbitration Institution and rules

2. Ad hoc v. Inst’l Arbitration
Business place
Administration staff
Rules of arbitration
Panel list

3. Function of Institution
Draft arbitration rules & supervision on the application of the Rules
Administration works
Maintain panel list
Preliminary decision on the jurisdiction
Assistance to the composition of the arbitration tribunal
Appointment or withdraw of the appointment of the arbitrator

4. Advantages & Disadvantages
Efficiency
Quality of works
Arbitration fee
Enforcement issues

5. Classification on the Institution
International Institution
------based on int’l convention
------ICSID
Local Institution
------registered in particular country

6. International Institution
解决投资争议国际中心（ICSID）
ICSID is an autonomous international institution established under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID or the Washington Convention) with over one hundred and forty member States.

7. The Convention sets forth ICSID's mandate, organization and core functions. The primary purpose of ICSID is to provide facilities for conciliation and arbitration of international investment disputes.

8. The ICSID Convention is a multilateral treaty formulated by the Executive Directors of the International Bank for Reconstruction and Development (the World Bank).
It was opened for signature on March 18, 1965 and entered into force on October 14, 1966.

9. The Convention sought to remove major impediments to the free international flows of private investment posed by non-commercial risks and the absence of specialized international methods for investment dispute settlement.
ICSID was created by the Convention as an impartial international forum providing facilities for the resolution of legal disputes between eligible parties, through conciliation or arbitration procedures.
Recourse to the ICSID facilities is always subject to the parties' consent.

10. As evidenced by its large membership, considerable caseload, and by the numerous references to its arbitration facilities in investment treaties and laws, ICSID plays an important role in the field of international investment and economic development.
Today, ICSID is considered to be the leading international arbitration institution devoted to investor-State dispute settlement.

11. Local Arbitration Institutions
American Arbitration Association (AAA)
London Court of International Arbitration (LCIA)
Arbitration Institute of the Stockholm Chamber of Commerce (SCC)
China International Economic & Trade Arbitration Commission (CIETAC)
Hong Kong International Arbitration Center (HKIAC)

12. 美国仲裁协会 （AAA） http://www.adr.org/ About Us
The American Arbitration Association ® (AAA), with its long history and experience in the field of alternative dispute resolution, provides services to individuals and organizations who wish to resolve conflicts out of court.

13. The AAA role in the dispute resolution process is to administer cases, from filing to closing.
The AAA provides administrative services in the U.S., as well as abroad through its International Centre for Dispute Resolution ® (ICDR).

14. The AAA's and ICDR's administrative services
assisting in the appointment of mediators and arbitrators
setting hearings
providing users with information on dispute resolution options, including settlement through mediation.
aims to move cases through arbitration or mediation in a fair and impartial manner until completion.

15. the design and development of alternative dispute resolution (ADR) systems for corporations, unions, government agencies, law firms, and the courts.
also provides elections services as well as education, training, and publications for those seeking a broader or deeper understanding of alternative dispute resolution.

16. 伦敦国际仲裁院（LCIA） http://www.lcia-arbitration.com/
LCIA ARBITRATION The LCIA arbitration rules are universally applicable. They offer a combination of the best features of the civil and common law systems, including in particular:
maximum flexibility for parties and tribunals to agree on procedural matters
speed and efficiency in the appointment of arbitrators, including expedited procedures
means of reducing delays and counteracting delaying tactics
tribunals' power to decide on their own jurisdiction

17. a range of interim and conservatory measures
tribunals' power to order security for claims and for costs
special powers for joinder of third parties
fast-track option
waiver of right of appeal
costs computed without regard to the amounts in dispute
staged deposits - parties are not required to pay for the whole arbitration in advance

18. 国际商会仲裁院（ICC） Commission on Arbitration
The Commission on Arbitration aims to create a forum for experts to pool ideas and impact new policy on practical issues relating to international arbitration, the settlement of international business disputes and the legal and procedural aspects of arbitration.
The Commission also aims to examine ICC dispute settlement services in view of current developments, including new technologies.

19. ICC in General ICC 1919: NGO ICC Arbitration Court 1923
International Court of Arbitration (1998)

20. CIETAC Arbitration FTAC 1954 FETAC 1980 CIETAC 1988
CIETAC South China Sub-Commission (Shenzhen Branch)
CIETAC Shanghai Sub-Commission

22. 华南国际经济贸易仲裁委员会（深圳国际仲裁院） http://www.sccietac.org/main/
上海国际经济贸易仲裁委员会（上海国际仲裁中心)

24. SCIA
South China International Economic and Trade Arbitration Commission (also known as the Shenzhen Court of International Arbitration; previously known as the China International Economic and Trade Arbitration Commission South China Subcommission, the China International Economic and Trade Arbitration Commission Shenzhen Subcommission; hereinafter the “SCIA”) was established in 1983 in Shenzhen Special Economic Zone.
It is an arbitration institution founded to resolve the contract disputes and other property rights disputes amongst individuals, legal entities and other institutions from domestic China and overseas.

25. SCIA is the nationally first Arbitration Institution established by legislation with its legal person governance model.
According to Regulation on the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone of Shenzhen Special Economic Zone and Provisions on the Administration of Shenzhen Court of International Arbitration (for Trial Implementation), it adopts the advanced international commercial arbitration systems and implements the Council-centered management model with effective check-and-balance in Decision-making, implementation and supervision, to ensure the independence of the arbitration institution and arbitral tribunal.

26. SCIA is a pioneer exploration of China’s commercial arbitration
SCIA is a pioneer exploration of China’s commercial arbitration. It is nationally the first to include arbitrators from foreign jurisdictions on its panel in 1984, as well as the first to render an arbitral award by its arbitral tribunal that got enforced outside Mainland China pursuant to the New York Convention in 1989.
More than one-third of the members of the Council are from outside Mainland China. And more than one-third of the arbitrators are also come from China's Hong Kong Special Administrative Region, Macao Special Administrative Region, Taiwan Region, and 25 foreign countries.

27. SHIAC
Approved by Shanghai Municipal People's Government in 1988, Shanghai International Economy and Trade Arbitration Commission (also known as the Shanghai International Arbitration Center; previously known as the China International Economic and Trade Arbitration Commission Shanghai Commission, hereinafter referred to as “SHIAC”) was established through a formal procedure and legitimately registered, and has been acting as an independent arbitration institute all along.

28. SHIAC is located in Shanghai, which is a crucial city in chinese economic market. SHIAC has successfully carried out independent, impartial, effective and professional arbitration services for the dispute resolution which have been positively commented at home and abroad.

29. In the past two decades, the number of cases administrated by SHIAC has been steadily increasing. The types of disputes include, but not limit to, trade, investment, transfer of technology, M&A, finance, securities, insurance, real estate, construction, logistics, intellectual property, franchising, energy, environment interest, information technology. Parties from more than 60 countries and regions have participated in arbitration proceedings administered by SHIAC.
The awards of SHIAC have been recognized and enforced in more than 40 countries and regions.

30. In recent years, SHIAC has been making great efforts to pursue the objectives for the promotion of the internationalization of arbitration and construction of a regional centre for commercial arbitration. Preliminary achievements have been reached for such objectives.

31. China (Shanghai)Free Trade Zone Court of Arbitration

32. CIETAC Rules 1956 FTAC provisional rules 1988 CIETAC Rules

33. International treaties and rules
1958 New York Convention
1965 Washington Convention

34. 1961 The European Convention on International Commercial Arbitration
1975 Inter-American Convention on International Commercial Arbitration (Panama Convention)
1987 Amman Arab Convention
1991 Mercosur Agreement

35. 1985 Model law
UNCITRAL Model Law on International Commercial Arbitration
Drafted by experts and representatives from various countries and international agencies
2006 amended
Harmonize and modernize the national law on international commercial arbitration

36. Arbitration Rule
Arbitration Rule V. Arbitration Law

37. 1976 UNCITRAL Arbitration Rule
1998 ICC Rules
1998 LCIA Rules
2003 AAA Rules
1999 SCC Rules

38. Model Arbitration Clause of ICC
All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

39. Xiamen co. v. Taiwan co.
Dispute settled by friendly consultation or subject to ICC arbitration
Supreme ct. replied in 1996 that ICC Ct. is the only institution to apply ICC Rules
Ct. has no jurisdiction over the case

40. Arbitration Institution in China
Before arbitration law in 1995
Commercial arbitration after 1995
Any ad hoc arbitration in China?

41. Provision of the Arbitration Law on the Arbitration Institution
Arbitration Commission（Art.10-13）
Arbitration agreement must include the definite arbitration institution (Art.16)
Supplementary agreement needed if no arbitration institution in the agreement, otherwise invalid(Art.18）

42. Chapter II Arbitration Commissions and the Arbitration Association
Article 10 
Arbitration commissions may be established in municipalities directly under the Central Government and in cities that are the seats of the people's governments of provinces or autonomous regions. They may also be established in other cities divided into districts, according to need. Arbitration commissions shall not be established at each level of the administrative divisions.

43. People's governments of the cities referred to in the preceding paragraph shall arrange for the relevant departments and chambers of commerce to organize arbitration commissions in a unified manner. The establishment of an arbitration commission shall be registered with the administrative department of justice of the relevant province, autonomous region or municipality directly under the Central Government.

44. Article 11 
An arbitration commission shall meet the conditions set forth below:
(1) To have its own name, domicile and charter;
(2) To have the necessary property;
(3) To have the personnel that are to form the commission; and
(4) To have appointed arbitrators. The charter of an arbitration commission shall be formulated in accordance with this Law.

45. Article 12 
An arbitration commission shall be composed of one chairman, two to four vice chairmen and seven to eleven members. The offices of chairman, vice chairman and members of an arbitration commission shall be held by experts in the field of law, economy and trade and persons with practical working experience. Experts in the field of law, economy and trade shall account for at least two thirds of the people forming an arbitration commission.

46. Article 13 
An arbitration commission shall appoint its arbitrators from among righteous and upright persons. An arbitrator shall meet one of the conditions set forth below:
(1) To have been engaged in arbitration work for at least eight years;
(2) To have worked as a lawyer for at least eight years;
(3) To have served as a judge for at least eight years;

47. (4) To have been engaged in legal research or legal education, possessing a senior professional title; or
(5) To have acquired the knowledge of law, engaged in the professional work in the field of economy and trade, etc., possessing a senior professional title or having an equivalent professional level. An arbitration commission shall have a register of arbitrators in different specializations.

48. Article 14 
Arbitration commissions shall be independent from administrative organs and there shall be no subordinate relationships between arbitration commissions and administrative organs. There shall also be no subordinate relationships between arbitration commissions.

49. Article 15 
China Arbitration Association is a social organization with the status of a legal person. Arbitration commissions are members of China Arbitration Association. The charter of China Arbitration Association shall be formulated by its national congress of members.

50. Article 18 
If an arbitration agreement contains no or unclear provisions concerning the matters for arbitration or the arbitration commission, the parties may reach a supplementary agreement. If no such supplementary agreement can be reached, the arbitration agreement shall be null and void.

51. China Arbitration Association is a self-disciplined organization of arbitration commissions. It shall, in accordance with its charter, supervise arbitration commissions and their members and arbitrators as to whether or not they breach discipline. China Arbitration Association shall formulate rules of arbitration in accordance with this Law and the relevant provisions of the Civil Procedure Law.

52. Judicial Interpretation by the Supreme Court in 2006
Implement on Sept. 8, 2006 (31 Arts.)
Art. 3、4、5、6、7 deal with the arbitration institutions
Unclear provision on the institution
Arbitration Rules may decide

53. Other Arbitration Commissions in China
Independent Institutions
Independent each other
Independent panel
Independent arbitration rules
Independent management