Beijing Arbitration Commission

A joint reception co-hosted by the Beijing Arbitration Commission (BAC), the New York State Bar Association (NYSBA) Beijing Chapter and the Beijing Lawyers Association (BLA) Arbitration Committee was held at Beijing on July 30, 2009. Mr. Michael Galligan, Chair of NYSBA International Section, delivered his opening remarks from New York City through telephone. Madam Wang Hongsong, Secretary-General of BAC, made a keynote speech entitled “Beijing Arbitration Commission: An Emerging International Arbitration Center”. In the speech, Madame Wang pointed out that the major features of the BAC as an emerging international arbitration center are to adopt mechanisms that encourage independence and impartiality, to integrate international practices into Arbitration Rules and Mediation Rules, and to continuously promote professionalism and quality of arbitrators.

The reception was moderated by Mr. Liu Chi, Chair of NYSBA Beijing Chapter. Mr. Jiang Junlu, Vice-President of BLA, and Professor Wang Chenguang, former Dean of Tsinghua University School of Law also delivered their special greetings to about one hundred attendees, who were mainly from international law firms and multi-national corporations. In addition, the NYSBA Shanghai Chapter took part in this event from Shanghai via video-conferencing system.

Mr. Michael Galligan delivered his opening remarks from NYC through telephone	Mr. Jiang Junlu delivered his greetings
Madam Wang Hongsong made a keynote speech	Professor Wang Chenguang delivered his greetings
Mingling	Food & Drink

For those interested in the detailed presentation made by Madame Wang Hongsong, please refer to：

Beijing Arbitration Commission: An Emerging International Arbitration Center.

With the kind permission of Mr. Michael Galligan, we are very honored to publish his remarks here.

REMARKS OF MICHAEL W. GALLIGAN,
CHAIR OF THE NEW YORK STATE BAR ASSOCIATION INTERNATIONAL SECTION
UPON THE OCCASION OF THE JULY 30, 2009 NYSBA INTERNATIONAL PROGRAM AND RECEPTION AT THE BEIJING ARBITRATION COMMISSION

Distinguished members of the Beijing Arbitration Commission, dear members and friends of the Beijing Chapter of the New York State Bar Association International Section, members and friends of the NYSBA International Shanghai Chapter taking part in this event from Shanghai by video link with this splendid gathering in Beijing, members and friends of the NYSBA International Hong Kong-Guangzhou-Shenzhen Chapter, and members of the Beijing Bar Association and many other members and friends in China who are also participating in or supporting this event:

On behalf of the over two thousand members of the New York State Bar Association International Section (“NYSBA International”) and indeed of all the members of the New York State Bar Association (almost eighty thousand), it is a great privilege and pleasure to welcome all of you to this program and reception, which has been organized by the Beijing Chapter of NYSBA International in cooperation with the Beijing Arbitration Commission. I want to express my special thanks to Chi Liu, Chair of the Beijing Chapter, for the initiative he has taken in proposing this event and for his efforts and energy in organizing it and also to the Jun He law firm, of which Chi Liu is a member, for their generous support of this event and the efforts of Chi Liu. I want to express the gratitude of the entire membership of NYSBA International to the Beijing Arbitration Commission for making the facilities of the Commission’s headquarters in Beijing available for this special occasion and for serving as co-sponsor. I would also like to extend a warm word of welcome to members of the Beijing Bar Association, the American Bar Association, the Legal Committee of the American Chinese Chamber of Commerce, and the International Sections of other United States State Bar Associations. Finally, I would like to extend a word of special appreciation to the Vice President of the Beijing Bar Association who has joined us tonight.

1.The Goals and Work of the New York State Bar Association International Section

The New York State Bar International Section is dedicated to the promotion of international practice in all phases of international life – whether commercially or for the common good – and the promotion of the rule of law throughout the world. NYSBA International stands firmly rooted and has its reason for existence in the vitality and broad reach of what I call “international civil society.” It is committed to the development and strengthening of legal principles, structures and policies that support each level and type of international civil relationship, transaction and project – from the exalted world of complex international financings and corporate acquisitions to the world of everyday trade, banking and commerce to the roles and responsibilities of individuals in social and family life and in the civic life of their countries and indeed of the world. In addition, NYSBA International is also committed to helping to address the very critical issues that need to be addressed to strengthen of the rule of law at the level of the formal relations of states and to promote a worldwide system to protect international human rights – for these issues and needs are critical for the whole international system, including that of “international civil society.”

NYSBA International works toward the achievement of these objectives through its six major organizational components: (1) substantive law and regional law committees and law development task forces, based primarily in New York but with the participation of our worldwide membership, (2) membership chapters in the world’s most important countries and urban centers – such as our three chapters in China – Beijing, Shanghai and Hong Kong-Guangzhou-Shenzhen, (3) steering committees that organize our major annual New York and international conferences such as our Annual Fall Conference that took place in Shanghai in October 2006 and that takes place this year in Singapore, from October 26 to 29, (4) the Executive Committee that guides the Section, an international body of which all our Committee Chairs and Chapter Chairs are members, (5) the Section’s web-based membership communities, and (6) the extensive publications of the Section, including the New York International Law Review and the International Law Practicum and New York International Chapter News.

May I point out that membership in NYSBA International is not limited to New York qualified attorneys. For example, any attorney qualified to practice in China may apply to be a nonresident member of the New York State Bar Association and therefore a member of the International Section and of one of our China chapters. If you would be able to attend our Annual Conference in Singapore at the end of October, you will have a superb opportunity to meet not only many of your colleagues from all over southeast Asia but many of our members who will be traveling to Singapore from New York and many other parts of the United States, Europe and Latin America.

2.China’s Place in the World of International Arbitration

I want to salute the organizers of this event for the theme and focus of this gathering – international arbitration in China. As you know, the foundation of any effective form of dispute settlement, whether through national and local courts or through alternative means such as arbitration – is the ability of parties to enforce a judgment or award and ensure that the remedies afforded to successful litigants are implemented and paid. In the case of arbitration, we have that foundation in the form of the 1958 Convention on the Recognition and Enforcement of Arbitral Awards, officially known as the “United Nations Convention” but unofficially and very widely known as the “New York Convention.” The accession of China to the New York Convention has given China an enhanced ability to project itself - yes, as a jurisdiction that recognizes and enforces international arbitration awards – but even more, as a jurisdiction that can credibly promote itself as a center and forum of international arbitration itself. China’s standing in this regard is all the more enhanced by its accession to the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States, also known as the “Washington Convention.” Everyone concerned with international arbitration follows with interest the numerous legislative efforts of China to strengthen its commitments under the New York and Washington Conventions, including the enactment of the Arbitration Law of the People’s Republic of China and more recent efforts to protect against so-called “local protectionism” (something that can also be experienced here in New York as well as in China!) through the so-called “double report system” and other methods.

At the last meeting of the NYSBA International Executive Committee, I made several proposals to articulate some of the “long-standing missions” of the NYSBA International Section. One of these concerns international arbitration: I proposed that NYSBA International be what I called a “guardian” of the New York Convention on the Enforcement and Recognition of Arbitral Awards and the international arbitral process. I noted the Convention’s historic connection with New York and that the New York Convention is the key to the success of international arbitration. With the help of our international network of chapters, such as our Beijing, Shanghai and Hong Kong-Guangzhou-Shenzhen Chapters, NYSBA International, I believe, should be a center for monitoring and tracking important developments in the implementation of the New York Convention throughout the world.

Our Executive Committee will continue its consideration of this proposal at its next meeting in September. But be that as it may be, it seems to me that there is a great amount of work that the Beijing Arbitration Commission, the Beijing Bar Association and the New York State Bar Association can do to learn from each other’s experience of the international arbitral process and to help each of our national systems of arbitration become more effective and reliable.

In concluding my thoughts on this theme, may I note that, in the Analects, there is attributed to Confucius the following saying:
“In hearing disputes, I am no better than any other man. But if you insist in asking in what way I differ, I would say it is that I try to avoid the parties going to litigation.”

As we know, in today’s world of complex international commerce and trade, it is not always possible to avoid resort to a judicial or arbitral body to resolve disputes. But, through a disciplined and well constructed system of arbitration, we can develop a system of dispute resolution that is more speedy, more tailored to the needs of the parties, more private and perhaps more prone to help parties resume or continue their commercial and personal ties with each other, once the disputes between them have been resolved.

With this final thought then, let me again thank everyone – the Beijing Arbitration Commission, the Beijing Bar Association, the leadership of our NYSBA International Chapters in China and our friends from the ABA and from AMCHAM for joining us today. May this be just the first of many opportunities for our members to meet and get to know each other and for all the members of NYSBA International, from Beijing to New York and beyond, to work together for the promotion of the rule of law, not only in the field of international arbitration but all the many areas of law that are critical for a vibrant and robust international civil society, for the freedom and dignity of everyone of its participants and for peace among all our peoples.

Mr. Galligan is a Partner (Trusts and Estates, Immigration) in the law firm of Phillips Nizer LLP, New York City, New York, and chair of the firm’s International Practice development committee. Chryssa Valletta, Senior Attorney (Litigation and Arbitration) assisted with the research for the second part of these Remarks.