Dispute between Joctextile (Tanzania) Co.Limited and Jiangsu High Hope International Group Tong Tai Trade Co., Ltd, Jiangsu Dahong Textile Group Co., Ltd and Yancheng Hongmingda Textile Co.,Ltd over a request for revocation of an arbitral award
Abstract of judgment:
According to the arbitration rules of the China International Economic and Trade Arbitration Commission (CIETAC), only when it is difficult to deliver the arbitration documents in person can they be sent by other supplementary means. The third clause of Article 8 of the CIETAC's arbitration rules stipulates that any arbitration correspondence to a party or its representative(s) shall be deemed to have been properly served if delivered to the party’s place of business, registration, domicile, habitual residence or mailing address or where, after reasonable inquiries by the other party, or by deemed service if none of the aforesaid addresses can be found. The utilization of deemed delivery is meant to ensure that the target litigants receive arbitral notices and any other documents in good faith. There shall be some time deemed for the delivery of arbitration correspondences since the arbitration rules also make specifications over the date when the parties in a case are expected to have received arbitration documents. When it can be shown that the notice of the opening of a proceeding cannot be delivered within a specific time as deemed, it can be concluded that delivery of documents doesn't conform to the arbitration rules.