CIETAC Construction Dispute Review Rules

Originally published August 17, 2010

Introduction

The China International Economic and Trade Arbitration Commission ("CIETAC") is one of the world's major arbitration forums, handling both domestic disputes and matters involving foreign parties. In fulfilling construction contracts, it is common for unforeseen circumstances to arise, giving occasion for disputes. In such situations, it is common practice for those involved to utilise arbitration over litigation due to the highly technical and complex nature of the issues involved, usually requiring some form of expert knowledge.

In order to help the dispute resolution process, CIETAC issued the "Construction Dispute Review Rules (Trial)" (the "Rules") in January of 2010 effective as of 1 May 2010. The Rules set out guidelines for a new system of dispute resolution when dealing with construction contracts.