henlen

We are very pleased to meet up our Chinese excellent colleagues in London again.  This is the third year we, as delegates, attended London Summit on Commercial Dispute Resolution hosted by Beijing Arbitration Commission, Institute of Advanced Legal Studies, Queen Mary.

Our colleagues are all experienced and celebrated Chinese lawyers and arbitrators who dispose of international commercial cases in the different sectors. For example,

  • Dr. Helena Chen qualified Mainland China, Taiwan Province and New York State acts as arbitrators and mediators over 10 arbitration commissions around the world;
  • Dr. Xiuming Tao who is one of the top lawyers researching financial derivatives in China is very often nominated as the chief of a tribunal;
  • Dr. Libin Zhang, as an Energy Law expert contributes to the development of Energy legislation in China;
  • Mr. Zhi Bao focuses more attention on Investment & Finance.

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In this summit, these colleagues reviewed the development of arbitration and meditation in China over 10 years from their own sectors. Due to the limited space, we merely provide you a big picture in this article.  If you would like to study more on Chinesarbitration or meditation, please drop an email to us. In the near future, we may post a series of Chinese arbitration.

Chinese Arbitration Law was promulgated in 1995 and amended in 2009. Over 20 years, the number of cases accepted each year has been increasing with an average annual rate increase of 30%. The number of cases in 2016 has reached 208,545 which increased 71,621 cases from 2015 with a growth rate of 52%. The total amount in dispute is 469.5 Billion CNY, which is an increase of 58.3 billion CNY compared to 2015.

Among these cases, foreign-related arbitration in China amounts to 3,141 with a growth rate of 51% compared with 2015.

Traditionally, ad hoc arbitration is not allowed in China. However, over several years there are two crucial changes in China:

Firstly, since 22, August 2013, the Shanghai Pilot Free Trade Zone (FTZ) has been established. Currently, a total of 11 FTZs have been approved.

Secondly, the Belt and Road initiative has created the “go global” strategy. It is supposed that an opening-up arbitration is called for in China. Based on this, the Supreme Court of P.R.C. in 2016 issued an important judicial interpretation in arbitration which is the Opinions on Further Deepening the Reform of the Diversified Dispute Resolution Mechanism (Fa-Fa [2016] No. 14). In this interpretation, Paragraph (3) of Article 9 provides that “where enterprises registered in the FTZs have agreed with each other to submit relevant disputes to arbitration at a specific place in mainland China in accordance with the specific arbitration rules by specific people, the arbitration agreement should be deemed valid.” This provision has been considered as the acceptance of ad hoc arbitration in the arbitrators’ circle.

Apart from the general review, our colleagues have provided the detailed illustration from Construction Project, Real Estate, Energy law, Investment & Finance, International trade, Intellectual Property, Film & TV, and Aviation law.

blair

After the conference, we are very honored to have a conversation with Sir William Blair again. Regrettably, he had to deal with case in the court on 9, June and could not manage time to do a closing remark in our Annual Maritime conference after we invited him. But he is pleased to promise that he will try to do a closing at our next year’s conference.

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