According to different organizational forms, international commercial arbitration can be divided into ad hoc arbitration tribunals and permanent arbitration institutions. In general, arbitration submitted to an ad hoc arbitration tribunal is called ad hoc arbitration, while arbitration submitted to a permanent arbitration institution is called institutional arbitration.
(1) ad hoc arbitral tribunal
An ad hoc arbitration tribunal is an arbitration tribunal composed of arbitrators selected by both parties according to the agreement of both parties to the dispute and within the scope stipulated or permitted by law. Generally speaking, the ad hoc arbitration tribunal has no fixed organization, office, staff and arbitration rules. After hearing the dispute and making a ruling, it shall be dissolved. Ad hoc arbitration used to be the main form of arbitration, and it is still often used now. From the legislative point of view, some countries' arbitration laws provide for temporary arbitration, while some countries' arbitration laws do not.
(2) Permanent arbitration institution
The permanent arbitration institution is an arbitration organization established according to international treaties or the laws of a country, and has a fixed name, address, personnel and office space, articles of association, administrative management system and procedural rules. Now, if the parties use arbitration to solve international commercial disputes, it is usually submitted to the permanent arbitration institution for arbitration according to its arbitration rules.
There are more than 100 countries and regions in the world with permanent international commercial arbitration institutions, which can be generally divided into international, regional, national and industrial arbitration institutions.
1, permanent international arbitration institution
(1) The International Chamber of Commerce, established in 1923, is a permanent arbitration institution under the International Chamber of Commerce. The headquarters of the International Chamber of Commerce is located in Paris. The International Court of Arbitration of the International Chamber of Commerce is an international arbitration institution that provides more international economic and trade arbitration services and has a wide influence in the world. It is also the main center of international commercial arbitration.
(2) International Centre for Settlement of Investment Disputes (ICSID). 1965, at the initiative of the international bank for reconstruction and development, the center signed the convention on the settlement of private investment disputes between one country and another, aiming at solving investment disputes between the countries concerned and the nationals of other countries. The Convention came into force in 1966, and now there are nearly 100 member countries. The International Investment Dispute Settlement Center is located in Washington, USA, and specializes in handling international investment disputes.
2. Regional permanent arbitration institutions
(1) Inter-American International Commercial Arbitration Commission. It is a regional international arbitration organization established by Latin American countries. 1975, Latin America 12 countries signed the Inter-American Convention on International Commercial Arbitration.
(2) Economic Commission for Asia and the Far East Commercial Arbitration Center. It was established by the United Nations Economic Commission for Asia and the Far East to formulate arbitration rules. The arbitration center is located in Bangkok, Thailand.
3. Permanent national arbitration institution
(1) Arbitration Institute of Stockholm Chamber of Commerce (AISCC). Established in 19 17, it is the national arbitration institution in Sweden. Sweden is politically neutral. Internationally, the arbitration court is considered as an ideal institution to solve economic and trade disputes between the East and the West. At the same time, because the Swedish arbitration system has a long history and has a large number of experts who are proficient in international commercial arbitration, the Arbitration Institute of Stockholm Chamber of Commerce has rich arbitration experience and a good operating mechanism, handling cases quickly and timely, and the number of cases agreed in international economic and trade contracts in Sweden is increasing day by day. With the continuous development of the International Economic and Trade Arbitration Commission, the reputation of this arbitration institution has gradually improved. The China International Economic and Trade Arbitration Commission has established business relations with the Arbitration Institute, suggesting that both parties to China's foreign-related economic contracts should give priority to the Arbitration Institute when choosing a third country for arbitration.
(2) London International Court of Arbitration (LCIA). Founded in 1985, it has formulated and used the new arbitration rules of the London Court of International Arbitration, and the parties may also agree to apply the arbitration rules of the United Nations Commission on International Trade Law.
(3) Arbitration Institute of Zurich Chamber of Commerce, Switzerland. Founded in 19 10, located in Zurich, Switzerland, it has mediation and arbitration rules of Zurich Chamber of Commerce in Switzerland. The Arbitration Court accepts disputes between domestic industrial and commercial enterprises and foreign-related economic and trade disputes. As Switzerland is politically neutral, many international economic and trade disputes are submitted to it for arbitration.
(4) American Arbitration Association (AAA). Established in 1926, headquartered in new york, with branches all over the country. It is the largest comprehensive permanent arbitration institution in the United States. The American Arbitration Association is a permanent arbitration institution with commercial arbitration rules. It has established business contacts with arbitration institutions in China, and arbitration institutions in China and the United States have successfully settled trade disputes between the two countries through joint mediation.
(5) Japan Commercial Arbitration Association. Founded in 1950, the head office is in Tokyo, with branches in Kobe, Nagoya, Osaka and Yokohama. It has commercial arbitration rules. In addition to arbitration, the Arbitration Association is also engaged in the training of arbitrators and business cooperation with foreign arbitration institutions. Japan Commercial Arbitration Association maintains contact with more than 20 foreign arbitration institutions and has concluded bilateral agreements.
(6) Hong Kong International Arbitration Centre (HKIAC). Founded in 1985, it is a non-profit limited liability company registered under the Company Law of Hong Kong. It was established with the support and encouragement of many companies, professional organizations, law firms and the Hong Kong government, and was not influenced or controlled by the government or other officials. The center accepts two types of arbitration cases, namely, international commercial arbitration cases and Hong Kong arbitration cases. It has its own local arbitration rules, but has not formulated its own international commercial arbitration rules. When arbitrating international commercial disputes, the arbitration rules of the United Nations Commission on International Trade Law shall be adopted, and the center may also settle disputes through mediation or mediation.
China International Economic and Trade Arbitration Commission. International Arbitration Institute of China International Chamber of Commerce. Established in 1956, formerly known as Foreign Trade Arbitration Commission. The Arbitration Commission was renamed as the Foreign Economic and Trade Arbitration Commission on 1980, and later renamed as its current name on 1988. The name of the International Arbitration Institute of China International Chamber of Commerce was put into use in 2000. The Arbitration Commission has set up a Shenzhen branch in Shenzhen Special Zone and a Shanghai branch in Shanghai with the numbers 1989 and 1990 respectively, and five offices in Chongqing, Chengdu, Changsha, Fuzhou and Dalian with the numbers 1999. The Arbitration Commission and its Shenzhen Branch and Shanghai Branch are a whole, enjoying overall jurisdiction and applying unified arbitration rules and a roster of arbitrators.
The Arbitration Commission has its own rules of arbitration procedure. When the Arbitration Commission was established, it formulated the Provisional Rules of Arbitration Procedure. According to the needs of business development, the Arbitration Commission revised the arbitration rules five times in 1988, 1994, 1995, 1998 and 2000. The current arbitration rules of the Arbitration Commission came into effect on June 65438+ 10/0/2000. According to the current arbitration rules, the Arbitration Commission can accept international, foreign-related and domestic contract or non-contract disputes according to the arbitration agreement reached by the parties and submit the disputes to the Arbitration Commission for arbitration.
4. Permanent industrial arbitration institution
This is a variety of professional arbitration institutions established by various industry associations. For example, the London Grain Association and the arbitration institution under the London Rubber Exchange, the Dutch Coffee Trade Arbitration Commission.
Second, the arbitration institutions in China
(1) China International Economic and Trade Arbitration Commission
China International Economic and Trade Arbitration Commission (CIETAC) is a national non-governmental permanent arbitration institution under the China Council for the Promotion of International Trade (China International Chamber of Commerce). It was established in April 1956 by the China Council for the Promotion of International Trade in accordance with the decision of the State Council 1954 of the Central People's Government of People's Republic of China (PRC). At that time, it was named Foreign Trade Arbitration Commission. After China implemented the policy of opening to the outside world, in order to meet the needs of the continuous development of international economic and trade relations, the Foreign Trade Arbitration Commission was renamed as the Foreign Economic and Trade Arbitration Commission on 1980 and the China International Economic and Trade Arbitration Commission on 1988. Since June 5438+ 10/day, 2000, China International Economic and Trade Arbitration Commission has also adopted the name of icc icc international court of arbitration (China).
The Arbitration Commission has 1 honorary director and several consultants. The Arbitration Commission consists of 1 director, several vice-directors and several members. The director shall perform the duties entrusted by the arbitration rules of the Arbitration Commission, and the deputy director may perform the duties entrusted by the director. The Arbitration Commission shall have a secretariat, which shall be responsible for handling the daily affairs of the Arbitration Commission under the leadership of the Secretary General of the Arbitration Commission. The Committee shall establish a roster of arbitrators, who shall be appointed by the Arbitration Committee from Chinese and foreign people with special knowledge and practical experience in law, economy and trade, science and technology, etc.
The arbitration commission will always be located in Beijing. According to the needs of business development, the Arbitration Commission established Shenzhen Branch and Shanghai Branch in 1989 and 1990 respectively. From June 18, 2004, the Shenzhen Branch of the Arbitration Commission was officially renamed as the South China Branch of the Arbitration Commission, and the name of the South China Branch of the International Court of Arbitration of the China International Chamber of Commerce was activated. Arbitration Commission Beijing General Association and its South China branch and Shanghai branch are a unified whole and an arbitration commission. The congress and the sub-commission use the same arbitration rules and the roster of arbitrators, and enjoy arbitration jurisdiction as a whole. The Arbitration Commission Branch shall have a secretariat, which shall be responsible for handling the daily affairs of the Arbitration Commission Branch under the leadership of the Secretary-General of the Arbitration Commission Branch.
1994 article 73 of the arbitration law of China stipulates: "the rules for foreign-related arbitration may be formulated by the China international chamber of commerce in accordance with this law and the relevant provisions of the civil procedure law." 1on March 3, 9561,the China Council for the Promotion of International Trade adopted the Provisional Rules for Arbitration Procedure of the Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade. 1988 September 12 is amended as Arbitration Rules of China International Economic and Trade Arbitration Commission. Since then, the rule has been revised five times. The existing arbitration rules were revised on June 65438+1 October 1 1 and implemented on May1of the same year. According to actual needs, China International Chamber of Commerce (China Council for the Promotion of International Trade) can also modify and supplement the existing arbitration rules of the Arbitration Commission. The above arbitration rules are uniformly applicable to the Arbitration Commission and its sub-commissions. When conducting arbitration in a branch, the duties stipulated in the arbitration rules by the chairman of the Arbitration Commission, the secretariat of the Arbitration Commission or the Secretary-General may be performed by the chairman of the Arbitration Commission and the deputy director authorized by the secretariat of the Arbitration Commission or the Secretary-General, except for the right to decide whether the arbitrator should withdraw. If the parties agree to submit the dispute to the Arbitration Commission for arbitration, it shall be deemed that they agree to arbitration in accordance with these Rules. If the parties agree to apply other arbitration rules or change the relevant contents of the arbitration rules, such agreement shall prevail, unless the agreement is unenforceable or conflicts with the mandatory legal provisions of the arbitration place.
Both parties may agree to submit the dispute to Beijing Arbitration Commission for arbitration, or to Shenzhen Arbitration Commission South China Branch for arbitration, or to Shanghai Arbitration Commission Shanghai Branch for arbitration. If there is no such agreement, the applicant should choose to have arbitration by the Arbitration Commission in Beijing or its South China branch in Shenzhen or its Shanghai branch in Shanghai. When making a choice, the first one to make a choice shall prevail; In case of dispute, it shall be decided by the Arbitration Commission.
According to the new arbitration rules, which came into effect on May 1 2005, the Arbitration Commission accepts contract or non-contract economic and trade disputes. Its scope includes:
1, international or foreign-related disputes;
2. Disputes involving Hong Kong Special Administrative Region, Macao Special Administrative Region or Taiwan Province Province;
3. Controversial cases in China.
After nearly 50 years of unremitting efforts, China International Economic and Trade Arbitration Commission enjoys a wide reputation at home and abroad for its independent, fair, fast and efficient arbitration work, and has now become one of the important commercial arbitration institutions in the world. In recent years, the number of cases accepted by the Arbitration Commission has jumped to the top in the world, involving 45 countries and regions except China. The fairness of arbitral awards has been unanimously affirmed at home and abroad, and arbitral awards can be recognized and enforced in more than 40 countries in the world.
(2) China Maritime Arbitration Commission
China Maritime Arbitration Commission. CMAC is a permanent arbitration institution established on1June 5438+1October 22, 1959 to handle maritime disputes at home and abroad according to the decisions of People's Republic of China (PRC) and the State Council19581. 1988 June 2 1 the State Council decided to rename it "China Maritime Arbitration Commission".
1959 65438+1On October 8th, China Council for the Promotion of International Trade adopted the Provisional Rules for Arbitration Procedure of Maritime Arbitration Commission of China Council for the Promotion of International Trade. 1988 September 12, revised and renamed as Arbitration Rules of China Maritime Arbitration Commission. The current arbitration rules came into effect on June 6, 2004. According to the current arbitration rules, China Maritime Arbitration Commission independently and fairly resolves maritime, maritime and logistics disputes and other contractual or non-contractual disputes by arbitration, so as to protect the legitimate rights and interests of the parties and promote the development of international and domestic economy, trade and logistics.
(3) The newly established Arbitration Commission in China.
According to the provisions of Article 79 of the Arbitration Law, arbitration institutions established before the implementation of this Law in cities where the people's governments of municipalities directly under the central government, provinces and autonomous regions are located and other cities divided into districts shall be re-established in accordance with the relevant provisions of this Law; If it is not reorganized, the arbitration institution will terminate on 1 September 9961day. The new arbitration institution shall be established by the Municipal People's Government, which may establish an arbitration institution according to law and organize relevant departments and chambers of commerce to form a unified organization. Compared with the original arbitration institution, the biggest feature of the new arbitration institution is that it is independent from the administrative organ and has no subordinate relationship with the administrative organ. Regarding the jurisdiction of the newly established arbitration commission over foreign-related cases, the arbitration law has not made clear provisions. According to Article 66 of the Law, foreign-related arbitration institutions can be established by China International Chamber of Commerce, and the possibility of setting up local arbitration institutions to accept foreign-related cases is not ruled out. Article 3 of the Notice of the General Office of the State Council on Several Issues Needed to Be Clear in the Implementation of the Arbitration Law of People's Republic of China (PRC) (1June 8, 1996) stipulates: "If the parties to a foreign-related arbitration case voluntarily choose a newly established arbitration commission for arbitration, the newly established arbitration commission may accept it." Therefore, if the parties choose voluntarily, the local arbitration commission has the right to accept foreign-related arbitration cases. This will help to form a competitive situation among arbitration institutions and enhance the independence and impartiality of arbitration.
According to the Arbitration Law, China Arbitration Association is responsible for formulating uniform arbitration rules. The local arbitration commission shall formulate its own provisional arbitration rules. The Legislative Affairs Bureau of the State Council, together with relevant units, drafted a model text of the Provisional Rules for Arbitration of the Arbitration Commission for study and adoption by local arbitration commissions.
(4) Hong Kong International Arbitration Centre
Hong Kong International Arbitration Centre (HKI, AC) was established in 1985. It is a non-profit company registered under the Company Law of Hong Kong, which was established to meet the needs of arbitration services in Asia. The board of directors of the center is composed of business, legal and other professionals of different nationalities, with various expertise and qualifications. The arbitration affairs of the Center shall be managed by the Management Committee under the Council through the Secretary-General of the Center. The arbitration affairs of the center are divided into local arbitration and international arbitration. Local arbitration shall be governed by the local arbitration rules of Hong Kong International Arbitration Center (current version is 1993). International arbitration shall be governed by the arbitration rules of the United Nations Commission on International Trade Law. Unless otherwise agreed by both parties, the international arbitration tribunal shall have three arbitrators, one appointed by each party, and the two appointed arbitrators shall jointly elect a presiding arbitrator. The center can also serve as an appointing authority to appoint arbitrators. The center has a list of international arbitrators of different nationalities from all over the world. The place of arbitration can be in Hong Kong or outside Hong Kong. If the parties have not agreed on the place of arbitration, it shall be decided by the arbitration tribunal. Unless the parties agree that there is no need to explain the reasons, the award shall state the reasons on which it is based. At the same time, the center can also use mediation or mediation to resolve disputes.
Three. Functions of international arbitration institutions
The permanent arbitration institution itself is not specifically responsible for handling arbitration cases, but its main function is to manage the cases submitted to it for arbitration and ensure that the applicable arbitration rules are implemented. Although the specific responsibilities of permanent arbitration institutions are different, they generally have the following functions:
1. Accept the arbitration application submitted by the parties and conduct a preliminary hearing on the arbitration jurisdiction.
All arbitration institutions have special offices, such as the Secretariat of the International Court of Arbitration of the International Chamber of Commerce, the Registry of the London International Court of Arbitration, and the Secretariat of the China International Economic and Trade Arbitration Commission, which are responsible for accepting arbitration applications submitted by the parties to relevant arbitration institutions. The agency conducts a preliminary examination of the application of the parties and the arbitration clause or arbitration agreement on which it is based. If it considers that it has jurisdiction, it may decide to accept the case submitted by the parties and collect arbitration fees in accordance with the arbitration rules and relevant charging standards.
2. Assist in the formation of an arbitration tribunal.
It is an important function of the permanent arbitration institution to assist the formation of the arbitration tribunal. If the parties fail to reach an agreement on the sole arbitrator or the presiding arbitrator, or if the arbitration tribunal consists of three arbitrators, the respondent fails to appoint the arbitrator within the time limit stipulated in the arbitration rules, according to the arbitration rules of many arbitration institutions, the arbitration institution shall appoint the above-mentioned arbitrator. For example, according to Article 8 of the Arbitration Rules of the International Court of Arbitration of the International Chamber of Commerce, which came into effect on June 1998+10//,the parties agree that the dispute shall be tried by a sole arbitrator, but if the respondent fails to reach an agreement on the sole arbitrator within 30 days after receiving the applicant's application for arbitration or within an additional period allowed by the secretariat, the arbitration tribunal shall appoint it. If a dispute is tried by three arbitrators, and one party fails to appoint an arbitrator, the arbitration tribunal has the right to appoint the arbitrator. According to Article 5 of the Arbitration Rules of the London Court of International Arbitration, which came into effect on 1 June 1998+10/October1,when the arbitration tribunal is composed of three arbitrators, the presiding arbitrator shall be appointed by the arbitration tribunal, not by the parties. The arbitration rules of other arbitration institutions have similar provisions.
In addition, these arbitration institutions can also serve as appointed arbitrators for ad hoc arbitration, or as management institutions according to the application of the parties.
3. Revoking the appointment of arbitrators and replacing the appointment of arbitrators
This is another important duty of the permanent arbitration institution. For example, according to Article 10 of the Arbitration Rules of the London Court of International Arbitration, if an arbitrator intentionally violates the arbitration agreement or the applicable arbitration rules, delays the arbitration proceedings unreasonably, or has legitimate doubts about the impartiality and independence of the arbitrator, the Court of Arbitration has the right to make provisions to revoke the appointment of the arbitrator or ask him to withdraw. There are similar provisions in Article 1 1 of the Arbitration Rules of the International Court of Arbitration of the International Chamber of Commerce, Article 28 of the Arbitration Rules of the China International Economic and Trade Arbitration Commission and Article 9 of the Arbitration Rules of the American Arbitration Association.
Because of the death of the arbitrator, the arbitration institution accepts the resignation or withdrawal of the arbitrator, or at the request of both parties, the arbitration institution may also appoint a substitute arbitrator.
In addition to the above three basic functions, some arbitration institutions have other functions, such as confirming the composition of the arbitration tribunal; Approve the trial matters signed by the arbitration tribunal and the parties; Review the draft arbitration award, etc.
The above is about the international arbitration institutions. There are many kinds of international arbitration institutions, and the types of responsibility are different. When you encounter problems, you must find a suitable institution to deal with them.