"Immediate Response of Atlantic Bottlenose Dolphins to High-Speed Perso" by Lance J. Miller, Moby Solangi et al.
Measuring the impact of anthropogenic factors on marine mammals is critical to the conservation of these species. Recently, the effect of personal watercraft on marine mammal behaviour and well-being has become a topic of increasing concern. 7 lie purpose of this study was to examine the immediate effects of high-speed personal watercraft on Atlantic bottlenose dolphin (Tursiops truncatus) behaviour. Opportunistic surveys were conducted front a research vessel in the Mississippi Sound (30 degrees 13 ' 22.6 '' N 89 degrees 0.1 ' 36.5 '' W)from September 2003 through to August 2005. The passing of a high-speed personal watercraft significantly increased dolphin dive duration, dolphin group cohesion and dolphin breathing synchrony. Additionally, in 47% of the encounters a dolphin groups behaviour changed within one minute of the presence of a high-speed personal watercraft. The most notable changes were tin increase in dolphin travelling behaviour and a decrease in feeding behaviour following the boat's presence. The results demonstrated an immediate, short-term change in dolphin behaviour, suggesting that all increase in the frequency of high-speed personal watercraft in this area could produce long-term detrimental effects. Research on the long-term effects of boat traffic on marine mammals is clearly needed to assess and hopefully mediate any potential long-term effects.
Miller, L. J., Solangi, M., Kuczaj, S. A. (2008). Immediate Response of Atlantic Bottlenose Dolphins to High-Speed Personal Watercraft in the Mississippi Sound. Journal of the Marine Biological Association of the United Kingdom, 88(6), 1139-1143.


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Evenimente

Nașteri

 18 mai: Omar Haiām, poet, matematician, filosof și astronom persan (d. 1131)
 Alexios I Comnen, împărat bizantin (d. 1118)

Decese

 9 august: Papa Damasus al II-lea (n. Poppo von Brixen), (n. 1000)
 13 decembrie: Al Biruni, enciclopedist arab (n. 973)

Vezi și
 Listă de conducători de stat din 1048

1048

redpajama_set_name: RedPajamaWikipedia


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← Charlotte Maxeke: Tireless campaigner for women's rights
Day in the working life of a historian: Frances Clarke →
"Women are the oldest colonial group in the world": Elizabeth Reid on human rights and women's rights in Mexico City, 1975
by Managing Editor Posted on April 1, 2017
Examining the Elizabeth Reid papers at the National Library of Australia, Jon Piccini uncovers her contributions to International Women's Year, 1975 after attending the ANU Gender Institute symposium, How the Personal Became Political.
International Women's Year 10c 1975 issue U.S. stamp. Image via U.S. Postal Service, National Postal Museum.
During International Women's Year, 1975, Australia's Elizabeth Reid took part in the year's signature event, a huge United Nations conference on the theme of "Equality, Development and Peace" held in Mexico City. The Elizabeth Reid papers at the National Library of Australia – which encompass her documents, letters, and speeches – reveal her contributions to this event. At this event, which lasted from June 19 to July 2, 1975, the intersections, and perhaps contradictions, of a government-mandated feminism become apparent.
After a lengthy application and interview process, Elizabeth Reid was appointed Prime Minister Gough Whitlam's advisor on women's affairs in 1973: the first person to ever occupy such a position. Designed to advise the prime minister on how to "remove or at least reduce all legal, social, educational and economic discrimination against women," Reid's appointment intersected with Whitlam's broader ambition of capturing the spirit of (what he at least imagined as) Australia's 1940s human rights activism. His administration signed on to or ratified dozens of UN treaties and covenants, catching up on two decades of international law either bypassed or procrastinated over by his conservative predecessors.
Elizabeth Reid speaking to Gough Whitlam. Image courtesy of the Museum of Australian Democracy.
Whitlam wanted, as he put it in a cabinet submission around the celebration of International Women's Year, for "Australia to become once again a pacesetter for the rest of the world in advancing human rights". This was a re-conceptualising of Australia's international position, seen as a break with pro-American policies and contributing to the reposition of Australia as an independent middle power. Yet Whitlam's idea of human rights was in many ways out of keeping with that of the burgeoning women's movement that Reid and Australia's International Women's Year committee represented.
A "looking-glass equality," which allowed women access to male professions and roles, would perpetuate what this committee labelled "sexism" – unequal divisions of labour in the home that perpetuated the social construct of male and female, public and private spheres. As feminist Shirley Castley put it, in a document prepared for the Australian contingent to the Mexico City conference:
Equality is not the answer so long as our society remains sexist. Equality would mean women becoming more like men. What is needed is for people to become more like human beings.
The UN had declared 1975 to be International Women's Year three years earlier, yet anyone who thought that this conference would focus on the plight of the world's women were to be disappointed. The powers that were in the UN, most centrally the group of third world nations around the G-77 and their plans for a New International Economic Order (NIEO), had reached a peak of influence. Articulated in 1974's Charter of the Economic Rights and Duties of States, the NIEO pointed to the need for a for a more equitable distribution of the world's wealth, particularly through increases in aid, the democratisation of global financial institutions and removing unfair tariff barriers protecting the industries of developed nations.
As Roland Burke argues, 1968's International Conference on Human Rights in Tehran had seen the meaning of human rights almost entirely subordinated to the economic needs of the nation state. Mexican President Ojeda Paullada, a particularly vocal defender of this project, wanted to ensure that:
the Conference of the International Women's Year does not become a forum for enumerating the political and social problems that women face in contemporary society; on the contrary, the meeting must approve a series of international documents of fundamental political value which are defined in accordance with the principle of international responsibility.
Internationales Jahr der Frau, Germany 1975. Image via Wikimedia Commons.
Australia's delegation, made up of ten feminists "who had been working on Australian government programs specifically related to women" as well as four career diplomats, received a confidential briefing to this effect. Based on experience at a preparatory conference held in March in New York, delegates were warned that third world nations would try "to link the advancement of women with struggles against colonialism, imperialism and racism with economic development and [the] need for a greater sharing of the world's resources". Against this reading of women's struggles as subservient to the post-colonial state, the Australian delegates were instructed to argue for "fundamental human rights" and "general solutions to the problems and injustices facing women irrespective of particular political and economic circumstances".
Here, the agenda of second wave feminism met that of Australian foreign policy. The group of women's activists were advised to "promote Australia's concerns and interests," in particular through demonstrating "a sympathetic and cooperative concern … for the developing countries". This, of course, was part of Whitlam's broader strategy of presenting Australian foreign policy as "an independent one". Yet, whilst expressing sympathy with those nations at "different levels of development," the delegation was to focus on "unifying objectives and themes" rather than "extraneous political and economic issues" such as dealing with issues of underdevelopment that impacted women in the third world.
While viewing "moves to change the present structure of international economic relationships as justified and deserving support," "continuing reservations" persisted. As Jim Cairns put it at 1974's meeting of the Organisation of Economic Cooperation and Development (OECD), such fundamental changes to the economy needed to wait for a "recovery in world economic conditions resulting from the pursuit of sound policies of economic management". It isn't hard to catch Cairns' drift – developed nations took precedence in matters of global economics.
As such, a careful rhetorical balance was necessary. Reid's statements to both the March preparatory meeting in New York and to the conference's plenary session in Mexico adopted the third world's language of decolonisation to push a western feminist agenda. At the preparatory meeting, presided over by Ashraf Pahlavi, the sister of Iran's Shah, Reid protested that "women are the oldest colonial and underdeveloped people in the world". Reid attempted to carve out a place for western feminism in this highly-developmentalist conference through the theorising of the term "sexism". "We must cease being afraid to use these words," Reid instructed, for like "racism, racial discrimination … and the taking of territories by force," sexism was a form of "power over other human beings". "Patriarchy," Reid insisted, "was just another form of colonising people".
Both the Mexico City conference's key planks of "equality" and "development," proposed and widely supported by the developing world, needed revising. "Equality is a limited and possibly harmful goal," Reid argued at one of the plenary sessions, as it would lead to a "strengthening of the status quo". At the conference's preparatory gathering, she had argued that equality merely extended the limited rights and privileges men enjoyed to women – locking them into "an already inadequate and destructive structure."
This critique of equality was tied to a critique of the third world's position on development. While allowing that demands for a more equitable global order were "far from peripheral" to women, levelling the playing field between developed and developing worlds would only force developing nations into the drudgery of the western way of work – "larger institutions, distant workplaces, inflexible hours, a dehumanised environment which suppressed the social, cultural and spiritual life of its workers".
Thus, "[t]he transferring of the Western economic growth model to other countries no longer seems desirable," Reid argued. This was especially true for women, as "capital intensive development, unemployment and underemployment hit women hardest". As such, any notion of a new international order must place women at the centre, for history showed that after a systemic revolution or transformation "the new society benefits women no more than the old". For if women are treated merely as abstract equals within the development process, rather than peoples subordinated by complex social and cultural practices, the myths and prejudices that keep women in their place will continue to hold say.
Reid and her fellow Australians did not succeed in having a more universal understanding of women's rights adopted by the conference, which instead endorsed a pre-prepared statement and action plan which spoke in clearly gendered terms of the women's place as separate but equal partners in the development process. Yet, they had successfully presented to an alien forum the case of second wave feminism, which happily dovetailed in this instance at least with Australian government policy. While cautiously endorsing fundamental global economic restructuring, Australia's participants in the conference critiqued the meaning of decolonisation via a language of anti-sexism. Equally, this case shows how the meaning of human rights was up for debate in local and global settings.
Was human rights merely the extension of legalised equality to those previously excluded – women and colonial nations – or the undermining of more subtle social attitudes and expectations that perpetuate discrimination? Was it, as Shirley Castley put it, about women becoming more like men, or everyone becoming more human?
Original: Jon Piccini, "'Women are the oldest colonial group in the world': Human Rights, Women's Rights and Third Worldism in Mexico City, 1975," not even the dead, March 21, 2017.
Jon Piccini is a Postdoctoral Development Fellow in the School of Historical and Philosophical Inquiry at The University of Queensland, where he is working on a book provisionally titled Human Rights: An Australian History. His most recent book is Transnational Protest, Australia and the 1960s: Global Radicals (Palgrave Macmillan, 2016).
Follow Jon on Twitter @JonPiccini.
This entry was posted in Internationalism. Bookmark the permalink.

redpajama_set_name: RedPajamaCommonCrawl


Simple statements go a long way, this Lava stone was crafted with this in mind. You will hold close the connection to the Earth with this sublime example of it's constant change.
Approximately Size: 1.75" x 1.5"


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First Timers to Amsterdam – Top Things to Do
Amsterdam is the city of canals, bikes and well-preserved 17th to 18th century architecture. To be honest, Amsterdam was low on my travel list. I always viewed it as a good-time city, with…
Pena Palace – a Must-See Day Trip from Lisbon
As if it were a page torn right out of a fairy tale, the Pena Palace and Park, is a fine example of 19th-century romanticism in Portugal. It is unlike anything I have…
A Guide to Prague's Historical Quarters: New Town
Prague has been known to have many nicknames. The 'city of a hundred spires', 'the magic city', 'the mother of cities', 'the city with 100 bell towers', 'the golden city'; and the 'heart…
Utrecht – a Day Trip to a Quintessential Dutch Town
Charming would be the one word I would use to describe this quintessential Dutch town just outside of Amsterdam. The town's historic center is small and compact, making it very possible to experience…
A Guide to Prague's Historical Quarters: Little Quarter
Prague was been known to have many nicknames. The 'city of a hundred spires', 'the magic city', 'the mother of cities', 'the city with 100 bell towers', 'the golden city', the Old Town,…
A Tour of Art Nouveau Architecture in Brussels
Are you a fan of architecture, in particular Art Nouveau? Then you have to go to Brussels. Brussels is well-known for this type of architecture, and some say, it's where it all began.…
A Guide to Prague's Historical Quarters: Old Town
The heart of any European city is always the historic old town, and Staré Město is definitely that. Likely due to the fact that it has one of Europe's most specular town squares…
A Guide to Prague's Historical Quarters: Castle District
Évora – more than just a day trip!
Are you looking to visit one of Portugal's most beautifully preserved medieval cities? Then you must go to Évora. This beautifully historic city is an UNESCO World Heritage site due to its well-preserved…
Let's Go to the Alentejo Region in Portugal!
The Alentejo region of Portugal is often referred to as the new Tuscany. With its pastoral landscape, it includes endless olive trees, cork trees, vineyards and wheat fields. Much of the population make…


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Browsing articles in "Heartwarming"
Heartbroken dog prompts owner to write a note to the neighbors
A love story like no other was posted to Reddit by user Garret_N, and it's taking the internet by storm.
There was a dog who would sit in the window and stare at the neighbor's cat. This happened every day for nearly half a year until the neighbors put plants in the window, blocking the dog's view. They had no idea, but the dog had become heartbroken because of this. So the owner of the dog wrote this note and taped it to the cat's window.
Keep Reading the Rest… »
The most unique rescue dog finds his forever home
Cletus Spuckler started life on the streets of Los Angeles before being rescued and taken in by Best Friends LA. The two-year-old dog with a crooked nose, large overbite, and humped back was a turnoff to most, but he stole the hearts of Mark Enrietto and Summer Esslingen.
The unique rescue dog finally has his forever home, but he requires a little bit of extra care. But that's no problem at all to his new parents as they feel he's the one who rescued them. 🙂
Street beggar seen using and abusing pregnant dog while asking for money
A street beggar in Athens, Greece, was seen exploiting a pregnant dog while asking for money. He kept her tied up and according to witnesses, constantly abused her. He had a few of her puppies in a box that he was trying to sell. One morning, the police were called by SPAZ, the local charity of Glyfada.
The beggar was taken to the police station along with the dogs who would spend the night awaiting a court order to be removed from his care. They even tracked down the father dog and four more puppies! All eight are looking for their forever homes.
SPAZ website: http://spazgreece.gr/
SPAZ Facebook page: https://www.facebook.com/SPAZGREECE/
Marine wanted to give a proper farewell to the battle buddy who was more than just a dog
U.S. Marine veteran Lance Cpl. Jeff DeYoung wanted to give Cena, his black Labrador battle buddy, a farewell ceremony fit for a Marine. The dog kept him warm during cold nights in Afghanistan and helped him cope with pain back home in America.
Cena was way more than just a dog to the veteran, and he felt it was only right to say goodbye with the utmost respect. The cancer-stricken dog retired in 2014 as a bomb-sniffer for the Marines and then became a service dog for Lance Cpl. Jeff DeYoung.
Dog's 'goodbye' letter to his owner will leave you in tears
A man posted his dog's "Goodbye" letter to Facebook, and it's taking the internet by storm. John Pointer recently lost his best friend, Benny, and it's something dog lovers everywhere can relate to. He put his emotions into words from the dog's point of view. The result is absolutely beautiful.
"Yesterday was a weird day. I couldn't get myself out of bed. The guy I live with lifted me up. I tried to get my legs under me, but they wouldn't cooperate. He said, "Don't worry, I gotcha buddy," carried me downstairs, and out the front door. That was so nice of him. I needed to pee so badly, I just had to go right there where he put me down. Normally I wouldn't, but we both decided to make an exception to the rule.
I started walking down the parking lot toward that place where all the dogs like me go to poop. I felt my paws dragging on the ground. "How strange," I thought. Then suddenly, I just had to go, really badly. In the middle of the parking lot. Normally, I wouldn't do that. It's against the rules."
Dog gives his all for little girl, so family decides to return the favor
George, a Great Dane service dog, helped a little girl named Bella walk again. The 11-year-old girl suffers from Morquio Syndrome and thought she'd spent her life on crutches or in a wheelchair. But all of that changed when she met George.
Now it's time to celebrate George and the amazing work he's done as a service dog and friend. BarkPost presents George's episode of their "Dog's Best Day" video series.
There's a reason they call dogs Man's Best Friend. Aren't dogs just the greatest? 🙂
Microchipped dog no longer wanted by his owner found in the bushes
Hope For Paws was contacted in the middle of the night to rescue a dog found in the bushes. The stray was scared and wouldn't let anyone near, so they set up a barricade. The rescuers proceeded to use bits of cheeseburger to lure him out.
The beautiful little pup was scanned for a microchip, and they were able to contact his owner. But the owner said she was given the dog as a gift she never really wanted in the first place and refused to take him back.
If you'd like to donate to Hope For Paws, go here: http://www.HopeForPaws.org
To adopt FOX, please contact our friends at Pal Rescue: http://www.PalRescue.org
Stray wanders into a yard and collapses — then Hope For Paws shows up
Hope For Paws received word of a stray dog who wandered into a stranger's yard and collapsed. They rushed to the location to find out what was wrong. The dog was responsive but clearly in distress.
The dog showed his teeth to let them know he was in a lot of pain, but he cooperated as if he knew they were there to help. The stray allowed the rescuers to pick him up in a makeshift gurney and load him into the vehicle. Now watch Milo's happy ending. 🙂
Help Hope For Paws save more dogs like Milo by making a small donation: http://www.HopeForPaws.org
Thank you Cause for SB Paws for finding him such an amazing home! They have many more beautiful dogs for adoption, so please check them out here: http://www.CauseForSBpaws.org
Giant Bernese Mountain Dogs welcome baby home the only way they know how
The four-day-old baby girl is brought home from the hospital, and now it's time for mom and dad to introduce her to her furry siblings. Their very first interaction is a heart-melter! 🙂
The two gentle giants welcome their human sister home the only way they know how: with lots of love and kisses. The Bernese Mountain Dogs are overcome with joy, and it shows in the way they behave around her. Too adorable!
Owner laughs when approached about her dog who'd been chained up for 10-15 years
After living a life of cruelty, Rusty Diamond finally gets the life he's always deserved. All it took was one caring person to free him from 10-15 years on a chain.
Everything changed for the dog the day a neighbor stuck his hand through the fence to pet him. It was then the man decided he wasn't leaving without the neglected dog.
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China International Economic and Trade Arbitration Commission CIETAC Arbitration Rules
(Revised and adopted by the China Council for the Promotion of International Trade/China Chamber of International Commerce on November 4, 2014. Effective as of January 1, 2015.)
Chapter I General Provisions
Article 1 The Arbitration Commission
Article 2 Structure and Duties
Article 3 Jurisdiction
Article 4 Scope of Application
Article 5 Arbitration Agreement
Article 6 Objection to Arbitration Agreement and/or Jurisdiction
Article 7 Place of Arbitration
Article 8 Service of Documents and Periods of Time
Article 9 Good Faith
Article 10 Waiver of Right to Object
Chapter II Arbitral Proceedings
Section 1 Request for Arbitration, Defense and Counterclaim
Article 11 Commencement of Arbitration
Article 12 Application for Arbitration
Article 13 Acceptance of a Case
Article 14 Multiple Contracts
Article 15 Statement of Defense
Article 16 Counterclaim
Article 17 Amendment to Claim or Counterclaim
Article 18 Joinder of Additional Parties
Article 19 Consolidation of Arbitrations
Article 20 Submission and Exchange of Arbitration Documents
Article 21 Copies of Arbitration Documents
Article 22 Representation
Article 23 Conservatory and Interim Measures
Section 2 Arbitrators and the Arbitral Tribunal
Article 24 Duties of Arbitrator
Article 25 Number of Arbitrators
Article 26 Nomination or Appointment of Arbitrator
Article 27 Three-Arbitrator Tribunal
Article 28 Sole-Arbitrator Tribunal
Article 29 Multiple-Party Tribunal
Article 30 Considerations in Appointing Arbitrators
Article 31 Disclosure
Article 32 Challenge to Arbitrator
Article 33 Replacement of Arbitrator
Article 34 Continuation of Arbitration by Majority
Section 3 Hearing
Article 35 Conduct of Hearing
Article 36 Place of Oral Hearing
Article 37 Notice of Oral Hearing
Article 39 Default
Article 40 Record of Oral Hearing
Article 41 Evidence
Article 42 Examination of Evidence
Article 43 Investigation and Evidence Collection by the Arbitral Tribunal
Article 44 Expert's Report and Appraiser's Report
Article 45 Suspension of the Arbitral Proceedings
Article 46 Withdrawal and Dismissal
Article 47 Combination of Conciliation with Arbitration
Chapter III Arbitral Award
Article 48 Time Period for Rendering Award
Article 49 Making of Award
Article 50 Partial Award
Article 51 Scrutiny of Draft Award
Article 52 Allocation of Fees
Article 53 Correction of Award
Article 54 Additional Award
Article 55 Performance of Award
Chapter IV Summary Procedure
Article 56 Application
Article 57 Notice of Arbitration
Article 58 Formation of the Arbitral Tribunal
Article 59 Defense and Counterclaim
Article 63 Change of Procedure
Article 64 Context Reference
Chapter V Special Provisions for Domestic Arbitration
Chapter VI Special Provisions for Hong Kong Arbitration
Article 74 Place of Arbitration and Law Applicable to the Arbitral Proceedings
Article 75 Decision on Jurisdiction
Article 77 Interim Measures and Emergency Relief
Article 78 Seal on Award
Article 79 Arbitration Fees
Chapter VII Supplementary Provisions
Article 81 Language
Article 82 Arbitration Fees and Costs
Article 83 Interpretation
Article 84 Coming into Force
The China International Economic and Trade Arbitration Commission ("CIETAC"), originally named the Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade and later renamed the Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade, concurrently uses as its name the "Arbitration Institute of the China Chamber of International Commerce".
Where an arbitration agreement provides for arbitration by the China Council for the Promotion of International Trade/China Chamber of International Commerce, or by the Arbitration Commission or the Arbitration Institute of the China Council for the Promotion of International Trade/China Chamber of International Commerce, or refers to CIETAC's previous names, it shall be deemed that the parties have agreed to arbitration by CIETAC.
The Chairman of CIETAC shall perform the functions and duties vested in him/her by these Rules while a Vice Chairman may perform the Chairman's functions and duties with the Chairman's authorization.
CIETAC has an Arbitration Court (the "Arbitration Court"), which performs its functions in accordance with these Rules under the direction of the authorized Vice Chairman and the President of the Arbitration Court.
CIETAC is based in Beijing. It has sub-commissions or arbitration centers (Appendix I). The sub-commissions/arbitration centers are CIETAC's branches, which accept arbitration applications and administer arbitration cases with CIETAC's authorization.
A sub-commission/arbitration center has an arbitration court, which performs the functions of the Arbitration Court in accordance with these Rules under the direction of the president of the arbitration court of the sub-commission/arbitration center.
Where a case is administered by a sub-commission/arbitration center, the functions and duties vested in the President of the Arbitration Court under these Rules may, by his/her authorization, be performed by the president of the arbitration court of the relevant sub-commission/arbitration Center.
The parties may agree to submit their disputes to CIETAC or a sub-commission/arbitration center of CIETAC for arbitration. Where the parties have agreed to arbitration by CIETAC, the Arbitration Court shall accept the arbitration application and administer the case. Where the parties have agreed to arbitration by a sub-commission/arbitration center, the arbitration court of the sub-commission/arbitration center agreed upon by the parties shall accept the arbitration application and administer the case. Where the sub-commission/arbitration center agreed upon by the parties does not exist or its authorization has been terminated, or where the agreement is ambiguous, the Arbitration Court shall accept the arbitration application and administer the case. In the event of any dispute, a decision shall be made by CIETAC.
CIETAC accepts cases involving economic, trade and other disputes of a contractual or non-contractual nature, based on an agreement of the parties.
The cases referred to in the preceding paragraph include:
(a) international or foreign-related disputes;
(b) disputes related to the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan region; and
(c) domestic disputes.
These Rules uniformly apply to CIETAC and its sub-commissions/arbitration Centers.
Where the parties have agreed to refer their dispute to CIETAC for arbitration, they shall be deemed to have agreed to arbitration in accordance with these Rules.
Where the parties agree to refer their dispute to CIETAC for arbitration but have agreed on a modification of these Rules or have agreed on the application of other arbitration rules, the parties' agreement shall prevail unless such agreement is inoperative or in conflict with a mandatory provision of the law applicable to the arbitral proceedings. Where the parties have agreed on the application of other arbitration rules, CIETAC shall perform the relevant administrative duties.
Where the parties agree to refer their dispute to arbitration under these Rules without providing the name of the arbitration institution, they shall be deemed to have agreed to refer the dispute to arbitration by CIETAC.
Where the parties agree to refer their dispute to arbitration under CIETAC's customized arbitration rules for a specific trade or profession, the parties' agreement shall prevail. However, if the dispute falls outside the scope of the specific rules, these Rules shall apply.
An arbitration agreement means an arbitration clause in a contract or any other form of a written agreement concluded between the parties providing for the settlement of disputes by arbitration.
The arbitration agreement shall be in writing. An arbitration agreement is in writing if it is contained in the tangible form of a document such as a contract, letter, telegram, telex, fax, electronic data interchange, or email. An arbitration agreement shall be deemed to exist where its existence is asserted by one party and not denied by the other during the exchange of the Request for Arbitration and the Statement of Defense.
Where the law applicable to an arbitration agreement has different provisions as to the form and validity of the arbitration agreement, those provisions shall prevail.
An arbitration clause contained in a contract shall be treated as a clause independent and separate from all other clauses of the contract, and an arbitration agreement attached to a contract shall also be treated as independent and separate from all other clauses of the contract. The validity of an arbitration clause or an arbitration agreement shall not be affected by any modification, cancellation, termination, transfer, expiry, invalidity, ineffectiveness, rescission or non-existence of the contract.
CIETAC has the power to determine the existence and validity of an arbitration agreement and its jurisdiction over an arbitration case. CIETAC may, where necessary, delegate such power to the arbitral tribunal.
Where CIETAC is satisfied by prima facie evidence that a valid arbitration agreement exists, it may make a decision based on such evidence that it has jurisdiction over the arbitration case, and the arbitration shall proceed. Such a decision shall not prevent CIETAC from making a new decision on jurisdiction based on facts and/or evidence found by the arbitral tribunal during the arbitral proceedings that are inconsistent with the prima facie evidence.
Where CIETAC has delegated the power to determine jurisdiction to the arbitral tribunal, the arbitral tribunal may either make a separate decision on jurisdiction during the arbitral proceedings or incorporate the decision in the final arbitral Award.
Any objection to an arbitration agreement and/or the jurisdiction over an arbitration case shall be raised in writing before the first oral hearing held by the arbitral tribunal. Where a case is to be decided on the basis of documents only, such an objection shall be raised before the submission of the first substantive defense.
The arbitration shall proceed notwithstanding an objection to the arbitration agreement and/or jurisdiction over the arbitration case.
The aforesaid objections to and/or decisions on jurisdiction by CIETAC shall include objections to and/or decisions on a party's standing to participate in the Arbitration.
CIETAC or its authorized arbitral tribunal shall decide to dismiss the case upon finding that CIETAC has no jurisdiction over an arbitration case. Where a case is to be dismissed before the formation of the arbitral tribunal, the decision shall be made by the President of the Arbitration Court. Where the case is to be dismissed after the formation of the arbitral tribunal, the decision shall be made by the arbitral tribunal.
Where the parties have agreed on the place of arbitration, the parties' agreement shall prevail.
Where the parties have not agreed on the place of arbitration or their agreement is ambiguous, the place of arbitration shall be the domicile of CIETAC or its sub-commission/arbitration center administering the case. CIETAC may also determine the place of arbitration to be another location having regard to the circumstances of the case.
The arbitral award shall be deemed as having been made at the place of arbitration.
All documents, notices and written materials in relation to the arbitration may be delivered in person or sent by registered mail or express mail, fax, or by any other means considered proper by the Arbitration Court or the arbitral Tribunal
The arbitration documents referred to in the preceding Paragraph 1 shall be sent to the address provided by the party itself or by its representative(s), or to an address agreed by the parties. Where a party or its representative(s) has not provided an address or the parties have not agreed on an address, the arbitration documents shall be sent to such party's address as provided by the other party or its representative(s).
Any arbitration correspondence to a party or its representative(s) shall be deemed to have been properly served on the party if delivered to the addressee or sent to the addressee's place of business, place of registration, domicile, habitual residence or mailing address, or where, after reasonable inquiries by the other party, none of the aforesaid addresses can be found, the arbitration correspondence is sent by the Arbitration Court to the addressee's last known place of business, place of registration, domicile, habitual residence or mailing address by registered or express mail, or by any other means that can provide a record of the attempt at delivery, including but not limited to service by public notary, entrustment or retention.
The periods of time specified in these Rules shall begin on the day following the day when the party receives or should have received the arbitration correspondence, notices or written materials sent by the Arbitration Court.
Arbitration participants shall proceed with the arbitration in good faith.
A party shall be deemed to have waived its right to object where it knows or should have known that any provision of, or requirement under, these Rules has not been complied with and yet participates in or proceeds with the arbitral proceedings without promptly and explicitly submitting its objection in writing to such non-compliance.
The arbitral proceedings shall commence on the day on which the Arbitration Court receives a Request for Arbitration.
A party applying for arbitration under these Rules shall:
Submit a Request for Arbitration in writing signed and/or sealed by the Claimant or its authorized representative(s), which shall, inter alia, include:
(a) the names and addresses of the Claimant and the Respondent, including the zip code, telephone, fax, email, or any other means of electronic telecommunications;
(b) a reference to the arbitration agreement that is invoked;
(c) a statement of the facts of the case and the main issues in dispute;
(d) the claim of the Claimant; and
(e) the facts and grounds on which the claim is based.
Attach to the Request for Arbitration the relevant documentary and other evidence on which the Claimant's claim is based.
Pay the arbitration fee in advance to CIETAC in accordance with its Arbitration Fee Schedule.
Upon the written application of a party, CIETAC shall accept a case in accordance with an arbitration agreement concluded between the parties either before or after the occurrence of the dispute, in which it is provided that disputes are to be referred to arbitration by CIETAC.
Upon receipt of a Request for Arbitration and its attachments, where after examination the Arbitration Court finds the formalities required for arbitration application to be complete, it shall send a Notice of Arbitration to both parties together with one copy each of theseRules and CIETAC's Panel of Arbitrators. The Request for Arbitration and its attachments submitted by the Claimant shall be sent to the Respondent under the same cover.
Where after examination the Arbitration Court finds the formalities required for the arbitration application to be incomplete, it may request the Claimant to complete them within a specified time period. The Claimant shall be deemed not to have submitted a Request for Arbitration if it fails to complete the required formalities within the specified time period. In such a case, the Claimant's Request for Arbitration and its attachments shall not be kept on file by the Arbitration Court.
After CIETAC accepts a case, the Arbitration Court shall designate a case manager to assist with the procedural administration of the case.
The Claimant may initiate a single arbitration concerning disputes arising out of or in connection with multiple contracts, provided that:
(a) such contracts consist of a principal contract and its ancillary contract(s), or such contracts involve the same parties as well as legal relationships of the same nature;
(b) the disputes arise out of the same transaction or the same series of transactions; and (c) the arbitration agreements in such contracts are identical or compatible.
The Respondent shall file a Statement of Defense in writing within forty-five (45) days from the date of its receipt of the Notice of Arbitration. If the Respondent has justified reasons to request an extension of the time period, the arbitral tribunal shall decide whether to grant an extension. Where the arbitral tribunal has not yet been formed, the decision on whether to grant the extension of the time period shall be made by the Arbitration Court.
The Statement of Defense shall be signed and/or sealed by the Respondent or its authorized representative(s), and shall, inter alia, include the following contents and attachments:
(a) the name and address of the Respondent, including the zip code, telephone, fax, email, or any other means of electronic telecommunications;
(b) the defense to the Request for Arbitration setting forth the facts and grounds on which the defense is based; and (c) the relevant documentary and other evidence on which the defense is based.
The arbitral tribunal has the power to decide whether to accept a Statement of Defense submitted after the expiration of the above time period.
Failure by the Respondent to file a Statement of Defense shall not affect the conduct of the arbitral proceedings.
The Respondent shall file a counterclaim, if any, in writing within forty-five (45) days from the date of its receipt of the Notice of Arbitration. If the Respondent has justified reasons to request an extension of the time period, the arbitral tribunal shall decide whether to grant an extension. Where the arbitral tribunal has not yet been formed, the decision on whether to grant the extension of the time period shall be made by the Arbitration Court.
When filing the counterclaim, the Respondent shall specify the counterclaim in its Statement of Counterclaim and state the facts and grounds on which the counterclaim is based with the relevant documentary and other evidence attached thereto.
When filing the counterclaim, the Respondent shall pay an arbitration fee in advance in accordance with the Arbitration Fee Schedule of CIETAC within a specified time period, failing which the Respondent shall be deemed not to have filed any counterclaim.
Where the formalities required for filing a counterclaim are found to be complete, the Arbitration Court shall send a Notice of Acceptance of Counterclaim to the parties. The Claimant shall submit its Statement of Defense in writing within thirty (30) days from the date of its receipt of the Notice. If the Claimant has justified reasons to request an extension of the time period, the arbitral tribunal shall decide whether to grant such an extension. Where the arbitral tribunal has not yet been formed, the decision on whether to grant the extension of the time period shall be made by the Arbitration Court.
The arbitral tribunal has the power to decide whether to accept a counterclaim or a Statement of Defense submitted after the expiration of the above time period.
Failure of the Claimant to file a Statement of Defense to the Respondent's counterclaim shall not affect the conduct of the arbitral proceedings.
The Claimant may apply to amend its claim and the Respondent may apply to amend its counterclaim. However, the arbitral tribunal may refuse any such amendment if it considers that the amendment is too late and may delay the arbitral proceedings.
During the arbitral proceedings, a party wishing to join an additional party to the arbitration may file the Request for Joinder with CIETAC, based on the arbitration agreement invoked in the arbitration that prima facie binds the additional party. Where the Request for Joinder is filed after the formation of the arbitral tribunal, a decision shall be made by CIETAC after the arbitral tribunal hears from all parties including the additional party if the arbitral tribunal considers the joinder necessary.
The date on which the Arbitration Court receives the Request for Joinder shall be deemed to be the date of the commencement of arbitration against the additional Party.
The Request for Joinder shall contain the case number of the existing arbitration; the name, address and other means of communication of each of the parties, including the additional party; the arbitration agreement invoked to join the additional party as well as the facts and grounds the request relies upon; and the Claim.
The relevant documentary and other evidence on which the request is based shall be attached to the Request for Joinder.
Where any party objects to the arbitration agreement and/or jurisdiction over the arbitration with respect to the joinder proceedings, CIETAC has the power to decide on its jurisdiction based on the arbitration agreement and relevant evidence.
After the joinder proceedings commence, the conduct of the arbitral proceedings shall be decided by the Arbitration Court if the arbitral tribunal is not formed, or shall be decided by the arbitral tribunal if it has been formed.
Where the joinder takes place prior to the formation of the arbitral tribunal, the relevant provisions on party's nominating or entrusting of the Chairman of CIETAC to appoint arbitrator under these Rules shall apply to the additional party. The arbitral tribunal shall be formed in accordance with Article 29 of these Rules.
Where the joinder takes place after the formation of the arbitral tribunal, the arbitral tribunal shall hear from the additional party of its comments on the past arbitral proceedings including the formation of the arbitral tribunal. If the additional party requests to nominate or entrust the Chairman of CIETAC to appoint an arbitrator, both parties shall nominate or entrust the Chairman of CIETAC to appoint arbitrators again. The arbitral tribunal shall be formed in accordance with Article 29 of these Rules.
The relevant provisions on the submission of the Statement of Defense and the Statement of Counterclaim under these Rules shall apply to the additional party. The time period for the additional party to submit its Statement of Defense and Statement of Counterclaim shall start counting from the date of its receipt of the Notice of Joinder.
CIETAC shall have the power to decide not to join an additional party where the additional party is prima facie not bound by the arbitration agreement invoked in the arbitration, or where any other circumstance exists that makes the joinder inappropriate.
At the request of a party, CIETAC may consolidate two or more arbitrations pending under these Rules into a single arbitration if:
(a) all of the claims in the arbitrations are made under the same arbitration agreement;
(b) the claims in the arbitrations are made under multiple arbitration agreements that are identical or compatible and the arbitrations involve the same parties as well as legal relationships of the same nature.
(c) the claims in the arbitrations are made under multiple arbitration agreements that are identical or compatible and the multiple contracts involved consist of a principle contract and its ancillary contract(s); or
(d) all the parties to the arbitrations have agreed to consolidation.
In deciding whether to consolidate the arbitrations in accordance with the preceding Paragraph 1, CIETAC shall take into account the opinions of all parties and other relevant factors such as the correlation between the arbitrations concerned, including the nomination and appointment of arbitrators in the separate arbitrations.
Unless otherwise agreed by all the parties, the arbitrations shall be consolidated into the arbitration that was first commenced.
After the consolidation of arbitrations, the conduct of the arbitral proceedings shall be decided by the Arbitration Court if the arbitral tribunal is not formed, or shall be decided by the arbitral tribunal if it has been formed.
All arbitration documents from the parties shall be submitted to the Arbitration Court.
All arbitration documents to be exchanged during the arbitral proceedings shall be exchanged among the arbitral tribunal and the parties by the Arbitration Court unless otherwise agreed by the parties and with the consent of the arbitral tribunal or otherwise decided by the arbitral tribunal.
When submitting the Request for Arbitration, the Statement of Defense, the Statement of Counterclaim, evidence, and other arbitration documents, the parties shall make their submissions in quintuplicate. Where there are multiple parties, additional copies shall be provided accordingly. Where the party applies for preservation of property or protection of evidence, it shall also provide additional copies accordingly. Where the arbitral tribunal is composed of a sole arbitrator, the number of copies submitted may be reduced by two.
A party may be represented by its authorized Chinese and/or foreign representative(s) in handling matters relating to the arbitration. In such a case, a Power of Attorney shall be forwarded to the Arbitration Court by the party or its authorized representative(s).
Where a party applies for conservatory measures pursuant to the laws of the People's Republic of China, CIETAC shall forward the party's application to the competent court designated by that party in accordance with the law.
In accordance with the applicable law or the agreement of the parties, a party may apply to the Arbitration Court for emergency relief pursuant to the CIETAC Emergency Arbitrator Procedures (Appendix III). The emergency arbitrator may decide to order or award necessary or appropriate emergency measures. The decision of the emergency arbitrator shall be binding upon both parties.
At the request of a party, the arbitral tribunal may decide to order or award any interim measure it deems necessary or proper in accordance with the applicable law or the agreement of the parties and may require the requesting party to provide appropriate security in connection with the measure.
An arbitrator shall not represent either party, and shall be and remain independent of the parties and treat them equally.
The arbitral tribunal shall be composed of one or three arbitrators.
Unless otherwise agreed by the parties or provided by these Rules, the arbitral tribunal shall be composed of three arbitrators.
CIETAC maintains a Panel of Arbitrators which uniformly applies to itself and all its sub-commissions/arbitration centers. The parties shall nominate arbitrators from the Panel of Arbitrators provided by CIETAC.
Where the parties have agreed to nominate arbitrators from outside CIETAC's Panel of Arbitrators, an arbitrator so nominated by the parties or nominated according to the agreement of the parties may act as arbitrator subject to the confirmation by the Chairman of CIETAC.
Within fifteen (15) days from the date of receipt of the Notice of Arbitration, the Claimant and the Respondent shall each nominate, or entrust the Chairman of CIETAC to appoint, an arbitrator, failing which the arbitrator shall be appointed by the Chairman of CIETAC.
Within fifteen (15) days from the date of the Respondent's receipt of the Notice of Arbitration, the parties shall jointly nominate, or entrust the Chairman of CIETAC to appoint, the third arbitrator, who shall act as the presiding arbitrator.
The parties may each recommend one to five arbitrators as candidates for the presiding arbitrator and shall each submit a list of recommended candidates within the time period specified in the preceding Paragraph 2. Where there is only one common candidate on the lists, such candidate shall be the presiding arbitrator jointly nominated by the parties. Where there is more than one common candidate on the lists, the Chairman of CIETAC shall choose the presiding arbitrator from among the common candidates having regard to the circumstances of the case, and he/she shall act as the presiding arbitrator jointly nominated by the parties. Where there is no common candidate on the lists, the presiding arbitrator shall be appointed by the Chairman of CIETAC.
Where the parties have failed to jointly nominate the presiding arbitrator according to the above provisions, the presiding arbitrator shall be appointed by the Chairman of CIETAC.
Where the arbitral tribunal is composed of one arbitrator, the sole arbitrator shall be nominated pursuant to the procedures stipulated in Paragraphs 2, 3 and 4 of Article 27 of these Rules.
Where there are two or more Claimants and/or Respondents in an arbitration case, the Claimant side and/or the Respondent side, following discussion, shall each jointly nominate or jointly entrust the Chairman of CIETAC to appoint one arbitrator.
The presiding arbitrator or the sole arbitrator shall be nominated in accordance with the procedures stipulated in Paragraphs 2, 3 and 4 of Article 27 of these Rules. When making such nomination pursuant to Paragraph 3 of Article 27 of these Rules, the Claimant side and/or the Respondent side, following discussion, shall each submit a list of their jointly agreed candidates.
Where either the Claimant side or the Respondent side fails to jointly nominate or jointly entrust the Chairman of CIETAC to appoint one arbitrator within fifteen (15) days from the date of its receipt of the Notice of Arbitration, the Chairman of CIETAC shall appoint all three members of the arbitral tribunal and designate one of them to act as the presiding arbitrator.
When appointing arbitrators pursuant to these Rules, the Chairman of CIETAC shall take into consideration the law applicable to the dispute, the place of arbitration, the language of arbitration, the nationalities of the parties, and any other factor(s) the Chairman considers relevant.
An arbitrator nominated by the parties or appointed by the Chairman of CIETAC shall sign a Declaration and disclose any facts or circumstances likely to give rise to justifiable doubts as to his/her impartiality or independence.
If circumstances that need to be disclosed arise during the arbitral proceedings, the arbitrator shall promptly disclose such circumstances in writing.
The Declaration and/or the disclosure of the arbitrator shall be submitted to the Arbitration Court to be forwarded to the parties.
Upon receipt of the Declaration and/or the written disclosure of an arbitrator, a party wishing to challenge the arbitrator on the grounds of the disclosed facts or circumstances shall forward the challenge in writing within ten (10) days from the date of such receipt. If a party fails to file a challenge within the above time period, it may not subsequently challenge the arbitrator on the basis of the matters disclosed by the arbitrator.
A party having justifiable doubts as to the impartiality or independence of an arbitrator may challenge that arbitrator in writing and shall state the facts and reasons on which the challenge is based with supporting evidence.
A party may challenge an arbitrator in writing within fifteen (15) days from the date it receives the Notice of Formation of the Arbitral Tribunal. Where a party becomes aware of a reason for a challenge after such receipt, the party may challenge the arbitrator in writing within fifteen (15) days after such reason has become known to it, but no later than the conclusion of the last oral hearing.
The challenge by one party shall be promptly communicated to the other party, the arbitrator being challenged and the other members of the arbitral tribunal.
Where an arbitrator is challenged by one party and the other party agrees to the challenge, or the arbitrator being challenged voluntarily withdraws from his/her office, such arbitrator shall no longer be a member of the arbitral tribunal. However, in neither case shall it be implied that the reasons for the challenge are sustained.
In circumstances other than those specified in the preceding Paragraph 5, the Chairman of CIETAC shall make a final decision on the challenge with or without stating the reasons.
An arbitrator who has been challenged shall continue to serve on the arbitral tribunal until a final decision on the challenge has been made by the Chairman of CIETAC.
In the event that an arbitrator is prevented de jure or de facto from fulfilling his/her functions, or fails to fulfill his/her functions in accordance with the requirements of these Rules or within the time period specified in these Rules, the Chairman of CIETAC shall have the power to replace the arbitrator. Such arbitrator may also voluntarily withdraw from his/her office.
The Chairman of CIETAC shall make a final decision on whether or not an arbitrator should be replaced with or without stating the reasons.
In the event that an arbitrator is unable to fulfill his/her functions due to challenge or replacement, a substitute arbitrator shall be nominated or appointed within the time period specified by the Arbitration Court according to the same procedure that applied to the nomination or appointment of the arbitrator being challenged or replaced. If a party fails to nominate or appoint a substitute arbitrator accordingly, the substitute arbitrator shall be appointed by the Chairman of CIETAC.
After the replacement of an arbitrator, the arbitral tribunal shall decide whether and to what extent the previous proceedings in the case shall be repeated.
After the conclusion of the last oral hearing, if an arbitrator on a three-member tribunal is unable to participate in the deliberations and/or to render the award owing to his/her demise or to his/her removal from CIETAC's Panel of Arbitrators, or for any other reason, the other two arbitrators may request the Chairman of CIETAC to replace that arbitrator pursuant to Article 33 of these Rules. After consulting with the parties and upon the approval of the Chairman of CIETAC, the other two arbitrators may also continue the arbitral proceedings and make decisions, rulings, or render the award. The Arbitration Court shall notify the parties of the above circumstances.
The arbitral tribunal shall examine the case in any way it deems appropriate unless otherwise agreed by the parties. Under all circumstances, the arbitral tribunal shall act impartially and fairly and shall afford a reasonable opportunity to both parties to present their case.
The arbitral tribunal shall hold oral hearings when examining the case. However, the arbitral tribunal may examine the case on the basis of documents only if the parties so agree and the arbitral tribunal consents or the arbitral tribunal deems that oral hearings are unnecessary and the parties so agree.
Unless otherwise agreed by the parties, the arbitral tribunal may adopt an inquisitorial or adversarial approach in hearing the case having regard to the circumstances of the case.
The arbitral tribunal may hold deliberations at any place or in any manner that it considers appropriate.
Unless otherwise agreed by the parties, the arbitral tribunal may, if it considers it necessary, issue procedural orders or question lists, produce terms of reference, or hold pre-hearing conferences, etc. With the authorization of the other members of the arbitral tribunal, the presiding arbitrator may decide on the procedural arrangements for the arbitral proceedings at his/her own discretion.
Where the parties have agreed on the place of an oral hearing, the case shall be heard at that agreed place except in the circumstances stipulated in Paragraph 3 of Article 82 of these Rules.
Unless otherwise agreed by the parties, the place of oral hearings shall be in Beijing for a case administered by the Arbitration Court or at the domicile of the sub-commission/arbitration center administering the case, or if the arbitral tribunal considers it necessary and with the approval of the President of the Arbitration Court, at another location.
Where a case is to be examined by way of an oral hearing, the parties shall be notified of the date of the first oral hearing at least twenty (20) days in advance of the oral hearing. A party having justified reasons may request a postponement of the oral hearing. However, the party shall communicate such request in writing to the arbitral tribunal within five (5) days of its receipt of the notice of the oral hearing. The arbitral tribunal shall decide whether or not to postpone the oral hearing.
Where a party has justified reasons for its failure to submit a request for a postponement of the oral hearing in accordance with the preceding Paragraph 1, the arbitral tribunal shall decide whether or not to accept the request.
A notice of a subsequent oral hearing, a notice of a postponed oral hearing, as well as a request for postponement of such an oral hearing, shall not be subject to the time periods specified in the preceding Paragraph 1.
Hearings shall be held in camera. Where both parties request an open hearing, the arbitral tribunal shall make a decision.
For cases heard in camera, the parties and their representatives, the arbitrators, the witnesses, the interpreters, the experts consulted by the arbitral tribunal, the appraisers appointed by the arbitral tribunal and other relevant persons shall not disclose to any outsider any substantive or procedural matters relating to the case.
If the Claimant fails to appear at an oral hearing without showing sufficient cause, or withdraws from an on-going oral hearing without the permission of the arbitral tribunal, the Claimant may be deemed to have withdrawn its application for arbitration. In such a case, if the Respondent has filed a counterclaim, the arbitral tribunal shall proceed with the hearing of the counterclaim and make a default award.
If the Respondent fails to appear at an oral hearing without showing sufficient cause, or withdraws from an on-going oral hearing without the permission of the arbitral tribunal, the arbitral tribunal may proceed with the arbitration and make a default award. In such a case, if the Respondent has filed a counterclaim, the Respondent may be deemed to have withdrawn its counterclaim.
The arbitral tribunal may arrange for a written and/or an audio-visual record to be made of an oral hearing. The arbitral tribunal may, if it considers it necessary, take minutes of the oral hearing and request the parties and/or their representatives, witnesses and/or other persons involved to sign and/or affix their seals to the written record or the minutes.
The written record, the minutes and the audio-visual record of an oral hearing shall be available for use and reference by the arbitral tribunal.
At the request of a party, the Arbitration Court may, having regard to the specific circumstances of the arbitration, decide to engage a stenographer to make a stenographic record of an oral hearing, the cost of which shall be advanced by the parties.
Each party shall bear the burden of proving the facts on which it relies to support its claim, defense or counterclaim and provide the basis for its opinions, arguments and counter-arguments.
The arbitral tribunal may specify a time period for the parties to produce evidence and the parties shall produce evidence within the specified time period. The arbitral tribunal may refuse to admit any evidence produced after that time period. If a party experiences difficulties in producing evidence within the specified time period, it may apply for an extension before the end of the period. The arbitral tribunal shall decide whether or not to extend the time period.
If a party bearing the burden of proof fails to produce evidence within the specified time period, or if the produced evidence is not sufficient to support its claim or counterclaim, it shall bear the consequences thereof.
Where a case is examined by way of an oral hearing, the evidence shall be produced at the oral hearing and may be examined by the parties.
Where a case is to be decided on the basis of documents only, or where the evidence is submitted after the hearing and both parties have agreed to examine the evidence by means of writing, the parties may examine the evidence in writing. In such circumstances, the parties shall submit their written opinions on the evidence within the time period specified by the arbitral tribunal.
The arbitral tribunal may undertake investigation and collect evidence as it considers necessary.
When investigating and collecting evidence, the arbitral tribunal may notify the parties to be present. In the event that one or both parties fail to be present after being notified, the investigation and collection of evidence shall proceed without being affected.
3. Evidence collected by the arbitral tribunal through its investigation shall be forwarded to the parties for their comments.
The arbitral tribunal may consult experts or appoint appraisers for clarification on specific issues of the case. Such an expert or appraiser may be a Chinese or foreign institution or natural person.
The arbitral tribunal has the power to request the parties, and the parties are also obliged, to deliver or produce to the expert or appraiser any relevant materials, documents, property, or physical objects for examination, inspection or appraisal by the expert or appraiser.
Copies of the expert's report and the appraiser's report shall be forwarded to the parties for their comments. At the request of either party and with the approval of the arbitral tribunal, the expert or appraiser shall participate in an oral hearing and give explanations on the report when the arbitral tribunal considers it necessary.
Where the parties jointly or separately request a suspension of the arbitral proceedings, or under circumstances where such suspension is necessary, the arbitral proceedings may be suspended.
The arbitral proceedings shall resume as soon as the reason for the suspension disappears or the suspension period ends.
The arbitral tribunal shall decide whether to suspend or resume the arbitral proceedings. Where the arbitral tribunal has not yet been formed, the decision shall be made by the President of the Arbitration Court.
A party may withdraw its claim or counterclaim in its entirety. In the event that the Claimant withdraws its claim in its entirety, the arbitral tribunal may proceed with its examination of the counterclaim and render an arbitral award thereon. In the event that the Respondent withdraws its counterclaim in its entirety, the arbitral tribunal may proceed with the examination of the claim and render an arbitral award thereon.
A party may be deemed to have withdrawn its claim or counterclaim if the arbitral proceedings cannot proceed for reasons attributable to that party.
A case may be dismissed if the claim and counterclaim have been withdrawn in their entirety. Where a case is to be dismissed prior to the formation of the arbitral tribunal, the President of the Arbitration Court shall make a decision on the dismissal. Where a case is to be dismissed after the formation of the arbitral tribunal, the arbitral tribunal shall make the decision.
The seal of CIETAC shall be affixed to the Dismissal Decision referred to in the preceding Paragraph 3 and Paragraph 7 of Article 6 of these Rules.
Where both parties wish to conciliate, or where one party wishes to conciliate and the other party's consent has been obtained by the arbitral tribunal, the arbitral tribunal may conciliate the dispute during the arbitral proceedings. The parties may also settle their dispute by themselves.
With the consents of both parties, the arbitral tribunal may conciliate the case in a manner it considers appropriate.
During the process of conciliation, the arbitral tribunal shall terminate the conciliation proceedings if either party so requests or if the arbitral tribunal considers that further conciliation efforts will be futile.
The parties shall sign a settlement agreement where they have reached settlement through conciliation by the arbitral tribunal or by themselves.
Where the parties have reached a settlement agreement through conciliation by the arbitral tribunal or by themselves, they may withdraw their claim or counterclaim, or request the arbitral tribunal to render an arbitral award or a conciliation statement in accordance with the terms of the settlement agreement.
Where the parties request for a conciliation statement, the conciliation statement shall clearly set forth the claims of the parties and the terms of the settlement agreement. It shall be signed by the arbitrators, sealed by CIETAC, and served upon both parties.
Where conciliation is not successful, the arbitral tribunal shall resume the arbitral proceedings and render an arbitral award.
Where the parties wish to conciliate their dispute but do not wish to have conciliation conducted by the arbitral tribunal, CIETAC may, with the consents of both parties, assist the parties to conciliate the dispute in a manner and procedure it considers appropriate.
Where conciliation is not successful, neither party may invoke any opinion, view or statement, and any proposal or proposition expressing acceptance or opposition by either party or by the arbitral tribunal in the process of conciliation as grounds for any claim, defense or counterclaim in the subsequent arbitral proceedings, judicial proceedings, or any other proceedings.
Where the parties have reached a settlement agreement by themselves through negotiation or conciliation before the commencement of an arbitration, either party may, based on an arbitration agreement concluded between them that provides for arbitration by CIETAC and the settlement agreement, request CIETAC to constitute an arbitral tribunal to render an arbitral award in accordance with the terms of the settlement agreement. Unless otherwise agreed by the parties, the Chairman of CIETAC shall appoint a sole arbitrator to form such an arbitral tribunal, which shall examine the case in a procedure it considers appropriate and render an award in due course. The specific procedure and time period for rendering the award shall not be subject to other provisions of these Rules.
The arbitral tribunal shall render an arbitral award within six (6) months from the date on which the arbitral tribunal is formed.
Upon the request of the arbitral tribunal, the President of the Arbitration Court may extend the time period if he/she considers it truly necessary and the reasons for the extension truly justified.
Any suspension period shall be excluded when calculating the time period in the preceding Paragraph 1.
The arbitral tribunal shall independently and impartially render a fair and reasonable arbitral award based on the facts of the case and the terms of the contract, in accordance with the law, and with reference to international practices.
Where the parties have agreed on the law applicable to the merits of their dispute, the parties' agreement shall prevail. In the absence of such an agreement or where such agreement is in conflict with a mandatory provision of the law, the arbitral tribunal shall determine the law applicable to the merits of the dispute.
The arbitral tribunal shall state in the award the claims, the facts of the dispute, the reasons on which the award is based, the result of the award, the allocation of the arbitration costs, and the date on which and the place at which the award is made. The facts of the dispute and the reasons on which the award is based may not be stated in the award if the parties have so agreed, or if the award is made in accordance with the terms of a settlement agreement between the parties. The arbitral tribunal has the power to fix in the award the specific time period for the parties to perform the award and the liabilities for failure to do so within the specified time period.
The seal of CIETAC shall be affixed to the arbitral award.
Where a case is examined by an arbitral tribunal composed of three arbitrators, the award shall be rendered by all three arbitrators or a majority of the arbitrators. A written dissenting opinion shall be kept with the file and may be appended to the award. Such dissenting opinion shall not form a part of the award.
Where the arbitral tribunal cannot reach a majority opinion, the arbitral award shall be rendered in accordance with the presiding arbitrator's opinion. The written opinions of the other arbitrators shall be kept with the file and may be appended to the award. Such written opinions shall not form a part of the award.
Unless the arbitral award is made in accordance with the opinion of the presiding arbitrator or the sole arbitrator and signed by the same, the arbitral award shall be signed by a majority of the arbitrators. An arbitrator who has a dissenting opinion may or may not sign his/her name on the award.
The date on which the award is made shall be the date on which the award comes into legal effect.
The arbitral award is final and binding upon both parties. Neither party may bring a lawsuit before a court or make a request to any other organization for revision of the award.
Where the arbitral tribunal considers it necessary, or where a party so requests and the arbitral tribunal agrees, the arbitral tribunal may first render a partial award on any part of the claim before rendering the final award. A partial award is final and binding upon both parties.
Failure of either party to perform a partial award shall neither affect the arbitral proceedings nor prevent the arbitral tribunal from making the final award.
The arbitral tribunal shall submit its draft award to CIETAC for scrutiny before signing the award. CIETAC may bring to the attention of the arbitral tribunal issues addressed in the award on the condition that the arbitral tribunal's independence in rendering the award is not affected.
The arbitral tribunal has the power to determine in the arbitral award the arbitration fees and other expenses to be paid by the parties to CIETAC.
The arbitral tribunal has the power to decide in the arbitral award, having regard to the circumstances of the case, that the losing party shall compensate the winning party for the expenses reasonably incurred by it in pursuing the case. In deciding whether or not the winning party's expenses incurred in pursuing the case are reasonable, the arbitral tribunal shall take into consideration various factors such as the outcome and complexity of the case, the workload of the winning party and/or its representative(s), the amount in dispute, etc.
Within a reasonable time after the award is made, the arbitral tribunal may, on its own initiative, make corrections in writing of any clerical, typographical or calculation errors, or any errors of a similar nature contained in the award.
Within thirty (30) days from its receipt of the arbitral award, either party may request the arbitral tribunal in writing for a correction of any clerical, typographical or calculation errors, or any errors of a similar nature contained in the award. If such an error does exist in the award, the arbitral tribunal shall make the correction in writing within thirty (30) days of its receipt of the written request for the correction.
The above written correction shall form a part of the arbitral award and shall be subject to the provisions in Paragraphs 4 to 9 of Article 49 of these Rules.
Where any matter which should have been decided by the arbitral tribunal was omitted from the arbitral award, the arbitral tribunal may, on its own initiative, make an additional award within a reasonable time after the award is made.
Either party may, within thirty (30) days from its receipt of the arbitral award, request the arbitral tribunal in writing for an additional award on any claim or counterclaim which was advanced in the arbitral proceedings but was omitted from the award. If such an omission does exist, the arbitral tribunal shall make an additional award within thirty (30) days of its receipt of the written request.
Such additional award shall form a part of the arbitral award and shall be subject to the provisions in Paragraphs 4 to 9 of Article 49 of these Rules.
The parties shall perform the arbitral award within the time period specified in the award. If no time period is specified in the award, the parties shall perform the award immediately.
Where one party fails to perform the award, the other party may apply to a competent court for enforcement of the award in accordance with the law.
The Summary Procedure shall apply to any case where the amount in dispute does not exceed RMB 5,000,000 unless otherwise agreed by the parties; or where the amount in dispute exceeds RMB 5,000,000, yet one party applies for arbitration under the Summary Procedure and the other party agrees in writing; or where both parties have agreed to apply the Summary Procedure.
Where there is no monetary claim or the amount in dispute is not clear, CIETAC shall determine whether or not to apply the Summary Procedure after full consideration of relevant factors, including but not limited to the complexity of the case and the interests involved.
Where after examination the Claimant's arbitration application is accepted for arbitration under the Summary Procedure, the Arbitration Court shall send a Notice of Arbitration to both parties.
Unless otherwise agreed by the parties, a sole-arbitrator tribunal shall be formed in accordance with Article 28 of these Rules to hear a case under the Summary Procedure.
The Respondent shall submit its Statement of Defense, evidence and other supporting documents within twenty (20) days of its receipt of the Notice of Arbitration. Counterclaim, if any, shall also be filed with evidence and supporting documents within such time period.
The Claimant shall file its Statement of Defense to the Respondent's counterclaim within twenty (20) days of its receipt of the counterclaim and its attachments.
If a party has justified reasons to request an extension of the time period, the arbitral tribunal shall decide whether to grant such extension. Where the arbitral tribunal has not yet been formed, such decision shall be made by the Arbitration Court.
The arbitral tribunal may examine the case in the manner it considers appropriate. The arbitral tribunal may decide whether to examine the case solely on the basis of the written materials and evidence submitted by the parties or to hold an oral hearing after hearing from the parties of their opinions.
For a case examined by way of an oral hearing, after the arbitral tribunal has fixed a date for the first oral hearing, the parties shall be notified of the date at least fifteen (15) days in advance of the oral hearing. A party having justified reasons may request a postponement of the oral hearing. However, the party shall communicate such request in writing to the arbitral tribunal within three (3) days of its receipt of the notice of the oral hearing. The arbitral tribunal shall decide whether or not to postpone the oral hearing.
If a party has justified reasons for failure to submit a request for a postponement of the oral hearing in accordance with the preceding Paragraph 1, the arbitral tribunal shall decide whether to accept such a request.
A notice of a subsequent oral hearing, a notice of a postponed oral hearing, as well as a request for postponement of such oral hearing, shall not be subject to the time periods specified in the preceding Paragraph 1.
The arbitral tribunal shall render an arbitral award within three (3) months from the date on which the arbitral tribunal is formed.
The Summary Procedure shall not be affected by any amendment to the claim or by the filing of a counterclaim. Where the amount in dispute of the amended claim or that of the counterclaim exceeds RMB 5,000,000, the Summary Procedure shall continue to apply unless the parties agree or the arbitral tribunal decides that a change to the general procedure is necessary.
The relevant provisions in the other Chapters of these Rules shall apply to matters not covered in this Chapter.
The provisions of this Chapter shall apply to domestic arbitration cases.
The provisions of the Summary Procedure in Chapter IV shall apply if a domestic arbitration case falls within the scope of Article 56 of these Rules.
Upon receipt of a Request for Arbitration, where the Arbitration Court finds the Request to meet the requirements specified in Article 12 of these Rules, the Arbitration Court shall notify the parties accordingly within five (5) days from its receipt of the Request. Where a Request for Arbitration is found not to be in conformity with the requirements, the Arbitration Court shall notify the party in writing of its refusal of acceptance with reasons stated.
Upon receipt of a Request for Arbitration, where after examination, the Arbitration Court finds the Request not to be in conformity with the formality requirements specified in Article 12 of these Rules, it may request the Claimant to comply with the requirements within a specified time period.
The arbitral tribunal shall be formed in accordance with the provisions of Articles 25, 26, 27, 28, 29 and 30 of these Rules.
Within twenty (20) days from the date of its receipt of the Notice of Arbitration, the Respondent shall submit its Statement of Defense, evidence and other supporting documents. Counterclaim, if any, shall also be filed with evidence and other supporting documents within the time period.
The Claimant shall file its Statement of Defense to the Respondent's counterclaim within twenty (20) days from the date of its receipt of the counterclaim and its attachments.
For a case examined by way of an oral hearing, after the arbitral tribunal has fixed a date for the first oral hearing, the parties shall be notified of the date at least fifteen (15) days in advance of the oral hearing. A party having justified reason may request a postponement of the oral hearing. However, the party shall communicate such request in writing to the arbitral tribunal within three (3) days of its receipt of the notice of the oral hearing. The arbitral tribunal shall decide whether or not to postpone the oral hearing.
The arbitral tribunal shall make a written record of the oral hearing. Any party or participant in the arbitration may apply for a correction upon finding any omission or mistake in the record regarding its own statements. If the application is refused by the arbitral tribunal, it shall nevertheless be recorded and kept with the file.
The written record shall be signed or sealed by the arbitrator(s), the recorder, the parties, and any other participant in the arbitration.
The arbitral tribunal shall render an arbitral award within four (4) months from the date on which the arbitral tribunal is formed.
The relevant provisions in the other Chapters of these Rules, with the exception of Chapter VI, shall apply to matters not covered in this Chapter.
CIETAC has established the CIETAC Hong Kong Arbitration Center in the Hong Kong Special Administrative Region. The provisions of this Chapter shall apply to arbitration cases accepted and administered by the CIETAC Hong Kong Arbitration Center.
Where the parties have agreed to submit their disputes to the CIETAC Hong Kong Arbitration Center for arbitration or to CIETAC for arbitration in Hong Kong, the CIETAC Hong Kong Arbitration Center shall accept the arbitration application and administer the case.
Unless otherwise agreed by the parties, for an arbitration administered by the CIETAC Hong Kong Arbitration Center, the place of arbitration shall be Hong Kong, the law applicable to the arbitral proceedings shall be the arbitration law of Hong Kong, and the arbitral award shall be a Hong Kong award.
Any objection to an arbitration agreement and/or the jurisdiction over an arbitration case shall be raised in writing no later than the submission of the first substantive defense. The arbitral tribunal shall have the power to determine the existence and validity of the arbitration agreement and its jurisdiction over the arbitration case.
The CIETAC Panel of Arbitrators in effect shall be recommended in arbitration cases administered by the CIETAC Hong Kong Arbitration Center. The parties may nominate arbitrators from outside the CIETAC's Panel of Arbitrators. An arbitrator so nominated shall be subject to the confirmation of the Chairman of CIETAC.
Unless otherwise agreed by the parties, the arbitral tribunal has the power to order appropriate interim measures at the request of a party.
Where the arbitral tribunal has not yet been formed, a party may apply for emergency relief pursuant to the CIETAC Emergency Arbitrator Procedures (Appendix III).
The seal of the CIETAC Hong Kong Arbitration Center shall be affixed to the arbitral award.
The CIETAC Arbitration Fee Schedule III (Appendix II) shall apply to the arbitration cases accepted and administered in accordance with this Chapter.
The relevant provisions in the other Chapters of these Rules, with the exception of Chapter V, shall apply to matters not covered in this Chapter.
Where the parties have agreed on the language of arbitration, their agreement shall prevail. In the absence of such agreement, the language of arbitration to be used in the proceedings shall be Chinese. CIETAC may also designate another language as the language of arbitration having regard to the circumstances of the case.
If a party or its representative(s) or witness(es) requires interpretation at an oral hearing, an interpreter may be provided either by the Arbitration Court or by the party.
The arbitral tribunal or the Arbitration Court may, if it considers it necessary, require the parties to submit a corresponding translation of their documents and evidence into Chinese or other languages.
Apart from the arbitration fees charged in accordance with its Arbitration Fee Schedule, CIETAC may charge the parties for any other additional and reasonable actual costs, including but not limited to arbitrators' special remuneration, their travel and accommodation expenses incurred in dealing with the case, engagement fees of stenographers, as well as the costs and expenses of experts, appraisers or interpreters appointed by the arbitral tribunal. The Arbitration Court shall, after hearing from the arbitrator and the party concerned, determine the arbitrator's special remuneration with reference to the standards of arbitrators' fees and expenses set forth in the CIETAC Arbitration Fee Schedule III (Appendix II).
Where a party has nominated an arbitrator but fails to advance a deposit for such actual costs as the special remuneration, travel and accommodation expenses of the nominated arbitrator within the time period specified by CIETAC, the party shall be deemed not to have nominated the arbitrator.
Where the parties have agreed to hold an oral hearing at a place other than the domicile of CIETAC or its relevant sub-commission/arbitration center, they shall advance a deposit for the actual costs such as travel and accommodation expenses incurred thereby. In the event that the parties fail to do so within the time period specified by CIETAC, the oral hearing shall be held at the domicile of CIETAC or its relevant sub-commission/arbitration center.
Where the parties have agreed to use two or more than two languages as the languages of arbitration, or where the parties have agreed on a three-arbitrator tribunal in a case where the Summary Procedure shall apply in accordance with Article 56 of these Rules, CIETAC may charge the parties for any additional and reasonable costs.
The headings of the articles in these Rules shall not be construed as interpretations of the contents of the provisions contained therein.
These Rules shall be interpreted by CIETAC.
These Rules shall be effective as of January 1, 2015. For cases administered by CIETAC or its sub-commissions/arbitration centers before these Rules come into force, the Arbitration Rules effective at the time of acceptance shall apply, or where both parties agree, these Rules shall apply.


Starbucks is introducing its newest flavored drink: the Horchata Almond Milk Frappuccino. The product will be the brewing behemoth's first ever all almond milk beverage.
It's prepared by blending almond milk, cinnamon dolce syrup, coffee and ice, with a topping of whipped cream, a caramel swirl, and cinnamon sugar sprinkles. Note: There's not any actual horchata in it.
The drink's title, however, didn't just emerge from the brain of some Starbucks exec. Horchata has a lengthy transatlantic history that reveals colonial pathways and historic trade routes.
The drink is said to originate in Valencia, Spain, where residents soaked tiger nuts—introduced to the Iberian peninsula by Arab traders—in water to produce a frothy milk substitute. Spanish invaders then brought the drink to the Americas, where it's taken on a variety of interpretations. In El Salvador it's made with morro seeds, while in Puerto Rico they add sesame seeds. But the rendition consumed in the U.S. is inspired by the Mexican preparation made by blending soaked rice with cinnamon, vanilla, and sugar.
I'm glad we're talking about the culture and history around Horchata! So often the rich cultural background of recipes gets lost when big brands like Starbucks pick them up (and typically modify them heavily).
TIL: I hadn't realized that there was quite so much diversity in the core ingredients from place to place.
more free advertising for starbucks!


Under the EU's General Data Protection Regulation (GDPR) personal data is defined as: "any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person".
This website is operated by Professional Personal Claims Ltd, who is the data controller and is committed to protecting your privacy and takes its responsibilities regarding the security of user information very seriously. This privacy statement sets out how both UK and European Union data protection requirements will be complied with. This website is structured so you can visit it without identifying yourself or revealing sensitive personal information. Once you choose to provide us with any information by which you can be identified, then you can be assured that it will only be used in accordance with this Privacy Notice. This website and our services are not intended for individuals under 18 years of age. If you have any queries about the policy, you should contact the Company.
Provide our products and services that you request from us.
Send you transactional communications via the contact details you have provided to us during our services.
Contact third parties on your behalf, with your specific instruction.
Contact you by telephone, email and text to provide information, which you have specifically requested.
Operate and manage your account and manage any application, agreement or correspondence you may have with us.
Carry out, monitor and analyse our business, to identify, prevent, detect or tackle fraud, money laundering, terrorism and other crimes.
Conduct audits, for regulatory purposes, legal purposes and compliance with industry standards.
We will not under any circumstances sell or share your data with third party marketing companies without your consent.
Identity Data. This includes, first name, maiden name, last name, marital status, title, date of birth and gender.
Contact Data. This includes, postal address, email address and telephone number.
Financial Data. This includes, creditor details, bank account information and payment details.
Compliance Data. This includes, recorded calls for quality checks and staff training.
Technical Data. This includes, internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
Usage Data. This includes, information about how you use our website, products and services.
Marketing and Communications Data. This includes, your communication preferences.
Aggregated Data. This includes statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data, which will be used in accordance with this privacy notice.
Special Categories of Personal Data. This includes health and vulnerability related data that you may voluntarily share with us during the fulfilment of our services to you. We will always ask for your explicit consent to record and share Special Category Data.
When you voluntarily provide it to us: You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: apply for our products or services; request marketing to be sent to you; or give us some feedback.
We will always have a legal basis for processing personal data and we have methodically assessed our purposes and legal bases. Our legal basis for processing your information is most commonly in line with our contractual obligations to fulfil the services and products you request from us. As a Regulated Company, we are audited and held to high standards for the services and products we offer. Therefore, we may be legally obligated to process personal data during regulatory audits. In the process of delivering our services, there may be legitimate interests that we pursue, which we have tested to ensure that those interests are balanced, appropriate and we have considered any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). If you have any questions about the legal basis for our processing activities, please feel free to get in touch with our Data Protection Office.
During the course of providing the services that you request from us, we may share your information with our processing partners, known as recipients and data processors. We conduct due diligence with both recipients and data processors around the areas of their data security protocols, data protection policies and we have strict contracts in place that govern how they process your information.
1–13 St Giles High St.
Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We may have to disclose your personal data with other third parties as set out below. These organisations or bodies will not use your information to contact you. These third parties will be subject to obligations to process your personal information in compliance with the same safeguards that we deploy.
In the provision of our services to you we use data processors that are outside of the European Economic Area (EEA). Specifically, we use data processors based in The United States of America. The General Data Protection Regulation has strict rules about data transfers to international organisations and we use approved data transfer mechanisms, including the EU–US Privacy Shield and contracts with model clauses. We take extra steps to ensure comprehensive due diligence and regular audits, both onsite and remote, of the data processing activities of our data processors. If you would like any more information, please get in touch by contacting our Data Protection Office, details can be found at the start of this Privacy Notice.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. By law we have to keep certain information about our customers and this data will be held solely and securely for those legal purposes.
Right to judicial review -in the event the Company refuses your request under rights of access, we will provide you with a reason as to why.
You have the right to complain and we have provided a specific section on this below.
At your request, the Company can confirm what information we hold about you and how it is processed. If the Company does hold personal data about you, you can request the following information: Identity and the contact details of the person or organisation that has determined how and why to process your data. Contact details of the data protection officer, where applicable. The purpose of the processing as well as the legal basis for processing. If the processing is based on the legitimate interests of the Company or a third party, information about those interests. The categories of personal data collected, stored and processed. Recipient(s) or categories of recipients that the data is/will be disclosed to. If we intend to transfer the personal data to a third country or international organisation, information about how we ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information.
Your personal data will be stored by the Company for as long as necessary to complete providing the service you have requested and to comply with all relevant legislation. You have the right to request access your personal data the Company is storing. You have the right to request the Company destroy or transfer to a suppression list your personal data the Company is storing. However, the Company has the right to refuse to destroy your personal data where its retention is required by the Company to comply with relevant legislation or Court proceedings.
We accept copies of the following forms of ID when information on your personal data is requested: Passport, driving license, birth certificate, utility bill from last 3 months. You may access your personal data by contacting the Company's data protection officer, details are contained on the contact us website page.
This website and its content is copyright of Professional Personal Claims Ltd - © Professional Personal Claims 2019. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.