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People’s Court Ruled SHIAC Has the Jurisdiction on the Clause “China International Economic and Trade Arbitration Commission Shanghai Sub-Commission”
 

Editor’s Note

After the Supreme People’s Court has issued “The Supreme People’s Court’s Notice on Properly Hear the Relative Issues in Judicial Reviews on Arbitration (“Fa (2013) 194 Hao”) to all the High People’s Courts on September 4, 2013, No.2 Intermediate People’s Court of Shanghai Municipality rendered Ruling on Civil Procedure on December 31, 2014, confirmed that SHIAC, as an independent arbitral institute, has the jurisdiction over the arbitrations where parties have agreed in their arbitration clause to arbitrate by “China International Economic and Trade Arbitration Commission Shanghai Sub-Commission”.

No.2 Intermediate People’s Court of Shanghai Municipality rendered the Ruling on Civil Procedure (“(2012) Hu Er Zhong Min Ren (Zhong Xie) Zi Di 5 Hao”) on December 31, 2014. In this Ruling, it has been ascertained and affirmed that:

(1) Approved by Shanghai Municipal People's Government in 1988, and organized by Shanghai Council for the Promotion of International Trade, China International Economic and Trade Arbitration Commission Shanghai Sub-Commission was established through a formal procedure and legitimately registered in the Bureau of Justice of Shanghai Municipality, with the Registry Certification of PRC Arbitration Commission obtained;

(2) Approved by Shanghai Municipal Government and agreed by Shanghai Commission for Public Sector Reform, China International Economic and Trade Arbitration Commission Shanghai Sub-Commission has officially been renamed "Shanghai International Economic and Trade Arbitration Commission"; it will also use "Shanghai International Arbitration Center" concurrently as official name.

(3) The agreed arbitral institute, the China International Economic and Trade Arbitration Commission Shanghai Sub-Commission (now renamed Shanghai International Economic and Trade Arbitration Commission) is legally established. Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center) has power to arbitrate and render arbitral awards based upon such arbitration clauses concluded by parties. The arbitration shall be submitted to Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center).

 

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On September 4, 2013, the Supreme People’s Court has issued “The Supreme People’s Court’s Notice on Properly Hear the Relative Issues in Judicial Reviews on Arbitration (“Fa (2013) 194 Hao”) to all the High People’s Court. It was ordered in the notice that when parties apply for confirming the validity of arbitration clause, revoking arbitral awards and/or setting aside the enforcement of the arbitral awards based on the reasons of jurisdiction disputes between China International Economic and Trade Arbitration Commission , China International Economic and Trade Arbitration Commission Shanghai Sub-Commissi

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