Introduction to International Credit Dispute Arbitration
Introduction to the International Credit Disputes Arbitration Commission
1. Introduction to the International Credit Disputes Arbitration Commission
(1) The International Credit Dispute Arbitration Commission, headquartered in Washington DC, USA and Great Lakes Municipality, New Brunswick, Canada, is an arbitration institution established by the World Credit Organization (WCO) in June 2005. The International Credit Disputes Arbitration Commission provides people with arbitration services in accordance with the "ICE8000 International Credit Standard System International Credit Disputes Arbitration Standards".
(2) History of establishment: On June 19, 2005, the World Credit Organization (WCO) issued the "ICE8000 International Credit Standard System for International Credit Disputes" based on the International Commercial Arbitration Treaty, international commercial arbitration practices, generally recognized principles of international law, and U.S. law. "Arbitration Standards", and at the same time established the International Credit Dispute Arbitration Commission, headquartered in Delaware, USA, and is an internal institution of the World Credit Organization. Since then, a new member has been added to the family of international arbitration. It will be authoritative because of fairness, and it will develop because of fairness. On February 3, 2021, the World Credit Organization (WCO) established the International Credit Dispute Arbitration Committee with independent legal personality in New Brunswick, Canada, as its second global headquarters. On January 25, 2024, the World Credit Organization (WCO) established the International Credit Dispute Arbitration Commission with independent legal personality in Washington, DC, the capital of the United States, as its first global headquarters, replacing the original first headquarters in Delaware.
2. Characteristics of the International Credit Dispute Arbitration Commission
(1) As a member of the World Credit Organization (WCO), the International Credit Dispute Arbitration Commission fully complies with the "ICE8000 International Credit Standard System International Credit Dispute Arbitration Standard" and related ICE8000 standards. The rationality and advancement of the ICE8000 international integrity standard provide a solid foundation for the arbitration committee’s fairness and impartiality.
(2) The party concerned provides evidence in good faith. During the arbitration process, the parties should give evidence in good faith. Otherwise, whenever it is proved that the party has not given evidence in good faith, the party will be held responsible according to the ICE8000 standard.
(3) The ICE8000 credit system guarantees the execution of the arbitration results. Parties who do not implement the arbitration results will be held liable in accordance with ICE8000 standards. According to the ICE8000 standard, the arbitration tribunal has the right to request in writing any member of the World Credit Organization to assist in the implementation of the arbitration results. If the relevant member fails to fulfill its obligation to assist, it will bear corresponding responsibilities. In addition, the arbitral tribunal has the power to impose credit penalties such as credit warnings, public exposure, and even the issuance of credit warrants against parties who refuse to implement the arbitration results and members who refuse to assist volunteers. (Also note that parties may apply to the court for enforcement in accordance with international treaties. There are three international conventions on the recognition and enforcement of foreign arbitral awards: ① The 1923 Geneva Protocol on Arbitration Clauses concluded in 1923; ② The "Protocol on the Enforcement of Foreign Arbitral Awards" concluded in 1927 ③The Convention on the Recognition and Enforcement of Foreign Arbitral Awards concluded in New York in 1958, referred to as the New York Convention. China formally acceded to the New York Convention on December 2, 1986, but has two reservations. One is that it only applies to Second, awards made between contracting states only apply to disputes arising from commercial legal relations.)
(4) Fair and honest. If the arbitrator appears to be partial or accepts bribes, he will be held accountable in accordance with the ICE8000 standard.
(5) The parties’ obligation to avoid intensifying conflicts. In order to avoid intensifying conflicts, during the arbitration process, neither party is allowed to initiate litigation, arbitration, administrative reporting or other procedures, nor is it allowed to complain to newspapers, the Internet and other media or make any other form of complaint or exposure. Credit penalty measures that have taken effect before the arbitration proceedings are initiated shall be temporarily suspended.
(6) The arbitral tribunal, all parties and participants have the obligation to maintain confidentiality. Protect the parties’ business secrets or personal privacy from being leaked.
3. Scope of acceptance of the International Credit Disputes Arbitration Commission
(1) The arbitration committee accepts cases based on the arbitration agreement reached by the parties before or after the occurrence of the dispute (submitting the dispute to the arbitration committee for arbitration) and the written application of one party. In other words, as long as there is an arbitration agreement, any dispute can be accepted without restrictions such as geographical scope.
(2) Arbitration agreement refers to the arbitration clause specified in the contract by the parties, or the written agreement to submit to arbitration reached in other ways.
(3) In the relevant standards of the ICE8000 international credit standard system, if an arbitration clause has been agreed upon by default, the parties do not need to sign or submit a separate arbitration agreement. However, in this case, the respondent has the right to exclude the effectiveness of the arbitration clause in writing within 7 days of receiving the arbitration notice. The arbitral tribunal shall terminate the arbitration proceedings immediately upon receipt of the notice excluding the application of the arbitration clause. If the respondent does not exclude the effectiveness of the arbitration clause as specified above, the arbitration clause will always be valid.
4. Selection of arbitrator.
(1) For cases not exceeding US$500,000, both parties shall jointly select a sole arbitrator from the arbitrator list within 15 days from the date the respondent receives the notice of arbitration. If both parties fail to make a joint selection within the time limit, the director of the arbitration committee shall immediately appoint a sole arbitrator to establish an arbitral tribunal to hear the case.
(2) For cases exceeding US$500,000, both parties shall each select an arbitrator from the Arbitration Commission’s arbitrator roster and jointly select a third arbitrator within 15 days from the date of receipt of the arbitration notice. If the parties fail to select the relevant arbitrator within the time limit, the arbitrator shall be appointed by the chairman of the arbitration committee.
5. Challenge of arbitrator.
(1) If the selected or appointed arbitrator has an interest in the case, he should take the initiative to disclose it and apply for recusal. Otherwise, the arbitrator qualification will be cancelled.
(2) When a party has legitimate doubts about the impartiality and independence of the selected or appointed arbitrator, it may submit a written request to the arbitration committee requesting the arbitrator to challenge, but the challenge shall be stated in the The specific facts and reasons on which the request is based, and evidence provided.
(3) A request to challenge an arbitrator shall be made in writing before the first hearing; if the reason for the challenge occurs and becomes known after the first hearing, the challenge shall be made after the first hearing. The reason for recusal must be submitted in writing within two working days.
6. Basis of the arbitral tribunal’s award
The arbitral tribunal shall be based on facts, in accordance with the principles of universal human values, ICE8000 standards, international norms, international practices, the law of the place where the act occurred (or the applicable law agreed by the parties) and the provisions of the contract, follow the principle of fairness and reasonableness, uphold justice and conscience, and make decisions independently and impartially.
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Tip: Introduction to International Commercial Arbitration
In international commercial exchanges, subjective disputes or disputes are unavoidable. An important content and task of international commercial law is how to adopt appropriate methods to resolve international commercial disputes fairly and reasonably, so as to ensure the smooth progress of international commercial transactions. There are generally three ways to resolve various disputes in international commercial relations: reconciliation or mediation, arbitration and judicial litigation, among which arbitration is widely used.
International commercial arbitration means that the parties to an international commercial relationship, after a dispute arises, voluntarily submit the dispute to an ad hoc arbitration institution or an international permanent arbitration institution for trial according to the arbitration clause or arbitration agreement. Arbitrate on the principle of fairness and reasonableness to resolve disputes.
Arbitration is a more common way to resolve international commercial disputes. Compared with conciliation, mediation and judicial litigation, it has the following characteristics: ①The parties have greater autonomy, and the choice of arbitration methods, arbitration venues, arbitration institutions, and arbitrators The parties are free to make decisions about the arbitration procedure, the law applicable to the arbitration, etc.; ② the procedure is flexible, fast and timely, and the fees are low; ③ it is necessary and mandatory, which is reflected in the mandatory nature of the arbitration agreement and the mandatory nature of the arbitration award ; ④ is conducive to maintaining the relationship between the parties, and can coordinate the conflict between different laws.
(1) International commercial arbitration institutions
Arbitration institutions are non-governmental institutions independently selected by the parties in international commercial relations to resolve their disputes, and their jurisdiction to hear cases depends entirely on the choice and authorization of the parties. International commercial arbitration institutions can be divided into ad hoc arbitration institutions and permanent arbitration institutions. An ad hoc arbitration institution refers to an ad hoc arbitration institution that is temporarily formed by arbitrators recommended by both parties after a dispute arises in accordance with the arbitration clause or arbitration agreement of the parties. A permanent arbitration institution refers to a permanent arbitration institution established in accordance with international treaties or domestic laws with a fixed organization and location, and fixed arbitration procedure standards.
At present, several permanent commercial arbitration institutions with great influence in the world are: International Chamber of Commerce Arbitration Court, established in 1923, headquartered in Paris; Stockholm Commercial Arbitration Institute, Sweden, established in 1917; London Arbitration Institute, established Founded in 1892; American Arbitration Association, founded in 1926 and headquartered in New York; Zurich Chamber of Commerce Arbitration Institute, founded in 1911; my country's international commercial arbitration institutions are mainly the China International Economic and Trade Arbitration Commission, which was established in 1956 and was adjusted twice in 1980 and 1988. Its headquarter is located in Beijing, with branches in Shenzhen and Shanghai; Year, adjusted in 1988, headquartered in Beijing.
(2) Arbitration Agreement
The arbitration agreement is a written agreement between the two parties expressing their willingness to submit their disputes to arbitration. It is the basis for the arbitration institution or arbitrator to accept dispute cases. There are two forms of arbitration agreement: one is the arbitration clause, which means that both partiesIn the case of a treaty or contract, a clause in the treaty or contract agrees to submit disputes that may arise therein to arbitration. An arbitration clause is concluded before a dispute occurs, and is the most common and important arbitration agreement; one is an arbitration agreement, which refers to an agreement concluded by both parties after a dispute arises, expressing their agreement to submit the dispute that has occurred to arbitration for resolution, This is a separate agreement from the main contract. The most important function of the arbitration agreement is to exclude the jurisdiction of the court over the disputed case, so that the parties can only submit the dispute to arbitration, so that the arbitral tribunal or arbitrator can obtain jurisdiction.
The arbitration agreement should be as clear, specific and complete as possible. Generally speaking, the arbitration agreement should include the following contents: ①The place of arbitration, which is a key content, related to the choice of arbitration procedure and applicable law; ②Arbitration institution; ③Arbitration procedure Standards, generally speaking, which arbitration institution arbitrates in, the arbitration standards of the institution will apply, but some countries allow the parties to choose arbitrarily; ④The validity of the arbitral award refers to whether the award is final and binding on the parties, Whether it is possible to appeal to the court, etc., these must be specified in the arbitration agreement.
(3) International Commercial Arbitration Procedures
International commercial arbitration procedures generally include the following stages: ①The application and acceptance of arbitration; ②The composition of the arbitral tribunal. The ad hoc arbitration institution can directly serve as an arbitral tribunal, while the permanent arbitral institution has its own arbitral tribunal. The arbitral tribunal is composed of arbitrators selected by both parties or appointed by the relevant arbitration institution based on the authorization of the parties or ex officio; ③ Arbitration hearing, which is divided into oral hearing and written hearing; ④ Arbitration award. After the arbitral tribunal makes its award, the arbitration proceeding comes to an end.
(4) Enforcement of Arbitration Awards
If the parties refuse to enforce the arbitral award, the issue of arbitration enforcement will arise. This includes two situations: the enforcement of domestic arbitral awards and the enforcement of foreign arbitral awards. The former procedure is relatively simple; while the enforcement of foreign arbitral awards is more complicated, because it involves not only the interests of both parties, but also the interests of the two countries. Therefore, various countries have stipulated some restrictions on the enforcement of foreign arbitral awards. Many disagreements. There are three international conventions on the recognition and enforcement of foreign arbitral awards: ① the "1923 Geneva Arbitration Clause Protocol" concluded in 1923; ② the "Convention on the Enforcement of Foreign Arbitral Awards" concluded in 1927; <
Jurisdiction in International Commercial Arbitration
Zhang Wei
In a general sense, the jurisdiction of international commercial arbitration is also called authority, and national jurisdiction is the power of the state to govern people and things. Jurisdiction is primarily concerned with making and enforcing laws, including administrative and judicial jurisdiction. In some countries, the exercise of jurisdiction is often through the judiciary (court), and jurisdiction and judicial jurisdiction are equivalent in certain circumstances. Jurisdiction in international commercial arbitration refers to the power of international commercial arbitration institutions or arbitral tribunals, where arbitrators have the power to hear specific international commercial disputes and make binding awards.
The jurisdiction of international commercial arbitration is different from the jurisdiction of the courts, and they are two corresponding powers. Theoretically speaking, international commercial arbitration must have an arbitration agreement between the two parties as the basis for the international commercial arbitration institution to hear and adjudicate the dispute. However, the jurisdiction of the court comes directly from the provisions of national laws and does not require the authorization of both parties. . As long as one party initiates a lawsuit and meets the legal requirements for filing a lawsuit, the jurisdiction of the court will be established, while the jurisdiction of international commercial arbitration shall be owned by an arbitral tribunal composed of arbitrators selected or entrusted by the parties, and It can be exercised in accordance with the legal provisions of the procedure chosen by the parties, while the jurisdiction of the court is enjoyed and exercised by the court on behalf of the state, and the parties have no right to choose the judge or the applicable law.
Due to the incompatibility of international commercial arbitration jurisdiction and court jurisdiction over the same case, in principle, as long as the parties have entered into an arbitration agreement, the dispute cannot be submitted to the court for resolution through litigation, that is, the court cannot Jurisdiction over disputes with an arbitration agreement between them. Conversely, if the two parties have not concluded an arbitration agreement in advance, even if one party applies for arbitration, the arbitral tribunal's arbitration jurisdiction cannot be obtained accordingly.
However, in arbitration practice, the jurisdiction of international commercial arbitration and the jurisdiction of the court are not static for the same case, and it may change due to the behavior of the parties.
For example: both parties have stipulated an arbitration clause in the contract. After a dispute arises, one party brings a lawsuit to the court. The court filed a lawsuit. After accepting the case, the court reviewed the arbitration agreement in accordance with the law and found that the arbitration clause was flawed. At the same time, because the other party failed to raise a defense against the jurisdiction of the court during the effective defense period, the case officially entered the litigation procedure.
In arbitration practice, under what circumstances, the arbitration jurisdiction can be transformed into the jurisdiction of the court because the behavior of the parties is usually clearly recognized by the arbitration law. The jurisdiction of international commercial arbitration, the scope of arbitration, the scope of acceptance, etc. There are similarities.
The scope of arbitration refers to what kind of disputes between the parties allowed by law or international treaties can apply for arbitration, that is, arbitrable issues. The scope of cases refers to a specific arbitration institution or arbitrator in the case of ad hoc arbitration Which disputes can be accepted refers to the jurisdiction of the arbitration institution or arbitrator.
Within a country, the scope of arbitration is consistent with the scope of cases accepted by all arbitration institutions (including ad hoc arbitration). Arbitration jurisdiction and the admissibility of a dispute are the first issues that need to be resolved before starting the arbitration procedure. When the arbitration institution decides whether to accept the applicant's application for arbitration, it must first look at whether it is admissible. If there is a clear arbitration request , Whether the form of the arbitration application meets the requirements of the arbitration institution shall be subject to a formal review before the case is accepted. Since the case acceptance review is based on the materials provided by the applicant party, its judgment will inevitably be uncertain. Therefore, the arbitration institution may accept an arbitration application from the applicant, but may not have jurisdiction over the dispute. An arbitration agreement accepts a certain case, but it is found that the arbitration agreement is invalid after trial, so it cannot exercise jurisdiction over the case.
Jurisdiction is the prerequisite for truly resolving international commercial disputes. Without jurisdiction, even if a formal award is made, it may be revoked or refused to be enforced by the court, which is stipulated in the arbitration laws of various countries. For example, Article 802 of Japan's "Civil Procedure Code", British "Arbitration Law 1996", Article 1052 of French "Code of Civil Procedure", etc., Article 5, Paragraph 1, Item 3 and Item 2 of the 1958 New York Convention Paragraph 1, Article 36 of the United Nations Model Law on International Commercial Arbitration has similar provisions.
Source: People's Court News, February 7, 2002