The new SCIA-SAC merger will be responsible for disputes that will be submitted under arbitration agreements involving one of the following institutions: Arbitration agreements concluded on or after 23 October 2012 relating to CIETAC Shenzhen or southern China will continue to be referred to CIETAC Beijing or cietac Shenzhen. As a result of this split from CIETAC, there was a period of uncertainty as to the validity of the arbitration agreements relating to “CIETAC Shenzhen”, including the institution that would be responsible for all disputes that emerged. On July 15, 2015, the Supreme People`s Court of the PRC adopted a binding judicial interpretation to clarify jurisdictional issues related to the split of CIETAC. The interpretation provided for disputes that remained within THE jurisdiction of CIETAC and those that would be referred to LA SCIETAC/SCIA: standard instruction can be conducted by meeting or in writing. The project needs to be widely debated in order to reach a consensus. Approval of at least three-quarters of the delegates attending the meeting is required for the project to be approved. If it is a written agreement, three-quarters of the responses should be there. The results should closely reflect the views of all parties. The participation rate and response rate should not be less than two-thirds. Products imported from countries or regions without an equivalency agreement must comply with Chinese organic production rules. These products require certification by a Chinese control body accredited by the CNCA.
Articles 21 to 24 of the administrative measures for certification of organic products (AQSIQ Decree 155) set out the detailed requirements, including the documents that must be provided to demonstrate compliance. Pending the adoption of SCIA-SAC`s own rules, the newly merged institution will continue to apply the arbitration rules of the institution designated in the arbitration agreement. It will also appoint arbitrators to the body of that institution. For countries or regions exporting organic products to China whose certification system is equivalent to China`s product certification system, the Chinese Certification and Accreditation Administration (CNCA) may sign a cooperation agreement or memorandum with the country`s competent authority. Organic products exported from these countries or regions to China must be managed in accordance with the requirements of the Cooperation Agreement or Memorandum.