As we are a foreign invested enterprise, are there specific procedures that apply to us?
Yes. Based on the newly amended Arbitration Rules, CIETAC can handle both domestic and international arbitral cases. Arbitration for the following disputes shall be regarded as domestic:
i. Disputes between enterprises with foreign investment and disputes between an enterprise with foreign investment and another Chinese legal person, individual and/or economic organization;
ii. Disputes arising from project financing, invitations for tender, bidding, construction and other activities conducted by Chinese legal person, individual and/or other economic organizations through the utilization of capital, technology or service from foreign countries, international organization or from Hong Kong, Macao, and Taiwan;
iii. Dispute that may be taken cognizance of by CIETAC in accordance with special provisions of or upon special authorization from the law or administrative regulations of China; or
iv. Other domestic disputes which the parties have agreed to refer to CIETAC for arbitration.
Therefore, in most of the cases, domestic arbitration procedures shall be applied to disputes involving FIEs. In general, the difference between international arbitration and domestic arbitration is that the time limit for the latter is shorter.
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