Laws & Regulations

The CAAI Arbitration Rules 2017 (“the Rules”) have been adopted by the Chinese Arbitration Association, International (“CAAI”) to take effect from 1 July 2017.
The Rules reflect international standards and developments in arbitration, as illuminated by the arbitration rules of various institutions, including HKIAC, ICC, SIAC, SCC, LCIA, ACICA and UNCITRAL.
The Rules apply to arbitrations seated outside Taiwan Area, while the CAA Arbitration Rules 2001 continue to apply to arbitrations seated in Taiwan Area.
Parties may adopt the Rules in their arbitration agreement or by agreement in writing at any time before or after a dispute has arisen.

Any dispute, controversy, difference or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity, interpretation, performance, breach or termination, shall be referred to and finally resolved by arbitration administered by CAAI under CAAI Arbitration Rules in force when the Notice of Arbitration is submitted, which Rules are deemed to be incorporated by reference in this clause.
Optional: The number of arbitrators shall be [insert one or three].
Optional: The seat of arbitration shall be… [Hong Kong].
Optional: The language of arbitration shall be [insert language].
Optional: The governing law of this arbitration clause shall be the law of [insert jurisdiction].

The Rules shall come into force on 1 July 2017, and shall govern any arbitration where an arbitration agreement, whether entered into before or after a dispute has arisen, either:
provides for CAAI Arbitration Rules to apply; or
provides for arbitration “administered by CAAI” or to similar effect;
except where the arbitration agreement designates, or the parties or the Tribunal otherwise designate, any place in Taiwan Area as the Seat of Arbitration.
The Rules shall apply to any arbitration falling within Article 1.1 and the Notice of Arbitration is submitted on or after 1 July 2017, subject to such modification as the parties may agree in writing, unless such agreement is inoperative or in conflict with a mandatory provision of the law applicable to the arbitration.
If any of the Rules is inconsistent with any mandatory provision of the law applicable to the arbitration from which the parties cannot derogate, that mandatory provision shall prevail. 
For any matters not expressly provided for in the Rules, CAAI may administer and the Tribunal may conduct the arbitration in such manner as they consider appropriate, while giving all parties reasonable opportunity to present their case.

This Schedule shall not apply if:
the arbitration agreement was concluded before the Rules came into force; or
the parties have agreed to opt out of this Schedule.
A party may, concurrent with or after the submission of a Notice of Arbitration but before the Tribunal’s constitution, submit to CAAI a request for urgent measures to be granted by an Emergency Arbitrator (“Request for Emergency Measures”).
The Request for Emergency Measures shall be submitted in accordance with any of the means specified in Article 5.2 of the Rules, and shall include the following items:
the names and any known postal and email addresses, telephone and facsimile numbers of the parties and any representatives;
a description of the circumstances giving rise to the Request for Emergency Measures and the underlying dispute referred to arbitration;
a statement of the Emergency Measures sought, including the reasons why the applicant needs and is entitled to such measures on an urgent basis that cannot await the Tribunal’s constitution;
the arbitration agreement(s) and other relevant agreement(s);
any comments on the language, applicable law and seat of the proceedings for Emergency Measures (“Emergency Proceedings”);
confirmation of payment to CAAI of the “Emergency Deposit” (as specified in Section 8 of this Schedule); and
confirmation that copies of the Request for Emergency Measures and any accompanying documents have been or are being served simultaneously on all other parties, the Emergency Arbitrator and CAAI by the means of service specified in such confirmation.
The Request for Emergency Measures may contain such other information or documents as the requesting party considers appropriate or as may contribute to the efficient examination of the Request.
The requesting party shall promptly notify CAAI, all other parties and the Emergency Arbitrator (once appointed) of any application for measures similar to Emergency Measures made to a court or other competent authority.

1. This Schedule shall apply to arbitrations in which the Tribunal’s fees and expenses are to be determined on the basis of hourly rate, as well as to the Emergency Arbitrator’s fees and expenses payable under Schedule 1.
2. CAAI may interpret this Schedule’s terms and scope of application as it considers appropriate.
3. The hourly rate determined by CAAI shall be the rate in force on the date when the Notice of Arbitration or the Request for Emergency Measures is submitted.

CAAI shall make payments to the Tribunal from the parties’ Deposit for Costs (as specified in Article 42 of the Rules).
CAAI may direct the parties, in such proportions as it considers appropriate, to make one or more interim or final payments to the Tribunal.
If the funds are insufficient at the time a payment is required, CAAI may invoice the parties for payment and settlement.
Payments to the Tribunal shall be made in United States Dollars (USD) unless the Tribunal directs otherwise.
The parties are jointly and severally liable for the Tribunal’s fees and expenses, irrespective of which party appointed which arbitrator.