Beijing Arbitration Commission

On Aug. 11, 2011, the symposium, titled Joint Efforts Towards a Fair and Efficient Dispute Resolution Platform,was held in the international conference hall of the BAC; it was co-sponsored by the BAC and Beijing Lawyers Association. Over 90 persons attended the conference, including: Gong Sha, vice chairman of Beijing Lawyers Association, Pang Zhengzhong, business director of Beijing Lawyers Association and director of the Continuing Education Committee; Zhang Jin, director of the Beijing Lawyers Association training department. In addition directors, deputy directors, secretary generals and experienced lawyers from: the Special Committee for Arbitration Law, Special Committee for Acquisition and Restructuring Law, Special Committee for Trust Law, Special Committee for Construction Law,Special Committee for Real Estate Law, Special Committee for Trademark Law, Special Committee for Copyright Law, Special Committee for International Investment and Trade Law, Special Committee for Media and Press Law, and Research Committee for Dispute Resolution all participated. Reporters of Xinhua News Agency, Beijing Daily, Beijing Youth Daily, Legal Daily, Lawyer’s Digest, Fangyuan Law Report, and Politics and Law Online also attended the conference, and discussed with participants how to make the BAC into a society-governed dispute resolution platform that is independent, impartial, and efficient. The conference was chaired by the director of the Arbitration Law Committee of the Beijing Lawyers Association, lawyer Zhang Lixia.

Director Zhang Lixia leads the symposium	Secretary General Wang Hongsong makes a speech
Vice Chairman Gong Sha sums up the proceedings	A scene from the symposium

Secretary General Wang Hongsong firstly expressed appreciation for support from the Beijing Lawyers Association and the attendants, She said: Our vision is that the BAC and Beijing Lawyers Association jointly endeavour to build a fair and efficient disputes resolution platform. There are two layers of meaning within that idea: the first is how to jointly make the BAC such a platform,, and the second is how to use the BAC platform: to make the arbitration community and the legal community into a combined force: to have more commercial disputes settled through mediation, arbitration, dispute review, and other society-governed dispute resolution mechanisms. Mrs. Wang explained why she put forward this vision, and she introduced the BAC’s efforts and achievements thus far towards realizing the vision, she then proposed specific measures and proposals for achieving the vision.

Mrs. Wang's speech was warmly applauded by the lawyers at the conference. Then Pang Zhengzhong, business director of Beijing Lawyers Association and director of the Continuing Education Committee took the stage and said that it is lawyer’s professional ability and moral integrity that determine the quality and equity of individual cases and that lawyers play an important role in arbitration, and thus to a great extent determine whether or not the BAC will succeed. At the same time, lawyers play an irreplaceable role when they serve as arbitrators. At the BAC, we don’t need dishonest methods, we only need legal knowledge to win respect. The Legal community can work with the BAC to formulate rules for arbitration representatives and regulate the conduct of arbitration representatives and lawyers. Mr. Pang finished by saying that he hopes that outstanding lawyers apply to serve as arbitrators so that together, lawyers and arbitrators can build the BAC into an arbitration promised land.

Mr. Wang Xuehua, director of the Special Committee for International Investment and Trade Law said, in foreign arbitration organizations it is difficult to find an arbitrator with proficient Chinese and understanding of Chinese laws, and the arbitration rules do not match up with the practice of Chinese parties. He hopes that on more aspects, the BAC can integrate internationally and come together with international rules like the model law; this way foreign parties will be more willing to come to the BAC. Finally,Mr. Wang Xuehua expressed belief that the BAC will become a world class arbitration organization.

Mr. Zhu Maoyuan, director of the Special Committee for Real Estate of the Beijing Lawyers Association suggested that the BAC strengthen the institutional improvement of its internal systems, rules for arbitrators, and integrity of its arbitrators. He also suggested that the BAC should receive feedback from supervision, reviews, and general information to make itself into an independent system. It should also use appropriate institutional and organizational systems to ensure the equity of arbitral awards. Furthermore, the BAC can use the prior experience of foreign arbitration organizations and ensure equity in step with efficiency.

Mr. Wang Qingyou, deputy director of the Special Committee for Construction Law of the Beijing Lawyers Association, held the opinion that currently the pressure on courts is huge, this results in many appeals for technical problems in litigation proceedings. Spending on court proceedings is limited because it is allocated by the government, but arbitration is different, it doesn’t take up national expenditures, it’s actually resolves disputes for taxpayers. . Mr. Wang Qingyou pointed out that China greatly lacks experience in mediation; in contrast, outside China, there is a very matur mediation system. So he thinks China’s mediation system needs more development, and it’s worth lawyers paying more attention.

Lawyer Li Yunli, deputy secretary-general of Special Committee for Arbitration Law of the Beijing Lawyers Association expressed: lawyers should use a foundation of ethical pursuit to build their values, adjust their mind-sets, and ceaselessly learn to elevate themselves. Lawyers should use more professionalized service to help build BAC as a dispute resolution platform. . She also suggested the BAC may consider engaging professionalization organizations, including international management consulting organizations to give better recommendations for the development of the BAC.

Attendants also raised specific suggestions for strengthening the infrastructure for arbitration fairness, and making a fair dispute resolution platform. Just before the end of the conference, Beijing Lawyers Association vice chairman, Gong Sha gave a concluding speech. He made certain that he hopes the legal community can cooperate with the BAC to construct a diversified dispute resolution platform, promote arbitration, honesty and self-discipline, and ensure the procedural efficiency and impartiality.