the China (Shanghai) Pilot Free Trade Zone Arbitration Rules

By Mia Qu King&Wood Mallesons’ IP Litigation Group

On April 8th, 2014, the Shanghai International Arbitration Center officially issued the China (Shanghai) Pilot Free Trade Zone Arbitration Rules (the “FTZ Rules”). The FTZ Rules, which brings a lot of bold attempts and innovation based on the present legal frame and arbitration practice, is of important innovative significance. The FTZ Rules will enter into force on 1st May. This article will focus on the influence that the FTZ Rules will impose on IP disputes.

The innovative aspects of the FTZ Rules include: (1) the provisions regarding the interim measures; (2) the provision about the open panel of arbitrators; (3) the provision of combined trial of certain cases; (4) the provision of third party’s participation in the arbitration (including other parties of the arbitration agreement or even non-parties of the arbitration agreement); (5) the provision of evidence rules; (6) the provision that mediation may be conducted both by an arbitral tribunal or by an independent mediator; (7) introducing a friendly arbitration system; and (8) introducing procedures for disputes with small claims. The innovative arrangements which are most relevant to IP disputes are reflected in the above (1)、(5) and (8), which will be illustrated in detail as follows:
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