Publish time: Tue Aug 07 00:00:00 CST 2012
A 26-people delegation made up of Peter Robinson, a professor at the Straus Institute for Dispute Resolution of Pepperdine University School of Law, Roger Alford, a professor at Notre Dame University School of Law and some students visited the Beijing Arbitration Commission (BAC) from July 30 to August 2, 2012, and ran a 4-day summer vacation course with the topic of “An Asian Perspective on International Commercial and Public Dispute Resolution” at the BAC. General Secretary Wang Hongsong, Department Chief Chen Fuyong and Secretary Xu Jie warmly received the delegation and assisted in arranging related study activities.
The dispute resolution courses of the School of Law of Pepperdine University have been ranking straightly number one among all the similar courses run by the other law schools in the U.S. year by year. The aim of the biannual summer vacation course is to deepen the students’ understanding on the practice of dispute resolution in various countries of the world, especially Asia Pacific Region, and to build up a communication platform for the students and judges, top lawyers, government officials and other dispute resolution practitioners around the world so as to enrich their experiences in this trade. Ever since the beginning of the cooperation between the Straus Institute for Dispute Resolution of t Pepperdine University School of Law and BAC in 2007, BAC has assisted the school in conducting trainings and student field trips in China for many times， and has invited experts and scholars in related field from the school to give lessons in China, promoting the ideas, knowledge, skills and experience in dispute resolution of the school and has achieved good results. The summer vacation course which was conducted in Beijing this year is another joint effort of two sides.
On July 30, 2012, BAC invited Jiang Huiling, a judge at the Supreme People’s Court, Chen Chong, a lawyer at Jun He Law Offices, Chen Fuyong, director of the third Business Department of BAC, Chen Guang, a lawyer at Jianwei (Beijing) Law Firm and Hao Xue, director of Yangfangdian Office of Justice of Haidian District of Beijing Municipality to make keynote speeches respectively at the International Hall of BAC on the topics of “the Reform of the Diversified Mechanisms of Dispute Resolution in China”, “the Function of Arbitration and Mediation in Major Commercial Disputes in China’s Legal System”, “the Status Quo of the development of BAC” and “ the Status Quo of the Mediation at Grass Roots China”, etc. Those speakers gave an all around presentation to the delegation on the development of the diversified mechanisms of dispute resolution in China from various perspectives.
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| Judge Jiang Huiling makes a keynote speech | Arbitrator Chen Guang shares her experience with the delegation |
In light of the explores and practices in the current diversified mechanisms of dispute resolution, Judge Jiang Huiling presented to the delegation the strategy, status quo, prospect of the ADR development as well as its reform measures. Lawyer Chen Chong, based on his rich experience in legal practice analyzed the significant roles of some dispute resolution measures, such as arbitration and mediation, played in commercial disputes in China. Director Chen Fuyong elaborated the history and status quo of BAC and the efforts made and results achieved by BAC in remolding itself into a diversified international center for dispute resolution. And Lawyer Chen Guang shared with the delegation members her experience and perceptions as an arbitrator in handling arbitration cases. At last, Director Hao Xue introduced the organizational structure and functions of the grass roots office of justice to the delegation, giving a vivid picture of basic level mediation in China.
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| Lawyer Chen Chong makes a keynote speech | Director Hao Xue presents grass roots mediation in China |
Mr. Xin Shoudong of the Ministry of Commerce of China who was specially invited by the delegation, Mr. Deng Feng, a professor at the School of Law of Peking University who was invited by BAC and Ms. Sally Harpole, BAC’s foreign arbitrator jointly introduced to the teachers and students of delegation the development of China’s market economy and the status quo of the practice of dispute resolution in China on August 1 and 2, 2012, and based on the specific cases and their own professional experiences, they also introduced the status quo of the diversified mechanisms of dispute resolution as well as the legal practice of foreign-funded law firms in China
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| Mr. Xin Shoudong of the Ministry of Commerce | Ms. Sally Harpole shares her experience with the delegation |
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| Arbitrator Deng Feng presents the practice of dispute resolution in China | Interactions between the Students and the Guest Speakers |
In order to further the teachers and students’ understanding of the mechanisms of litigant and non-litigant dispute resolution in China, on July 31, 2012, BAC arranged for them an observation on the hearing of a litigious case at the People’s Court of Chaoyang District of Beijing Municipality to directly perceive the advance of China’s civil legal proceedings. Impressed with the high skills of the presiding judge in trial and court hearing control, the teachers and students changed their views of the legal environment in China. After the hearing, they had brief but enthusiastic communication with the hearing judges and received exquisite presents prepared by the court.
In addition, on the afternoon of August 1, 2012, BAC arranged for the delegation a tour visit to China International Economic and Trade Arbitration Commission. During the visit, they had friendly and spirited communication with the staff members of the commission on the issues of arbitration and mediation etc. which they were interested in.
The summer vacation course, centering on the topic of dispute resolution in China, demonstrated various mechanisms of commercial dispute resolution such as mediation, arbitration, litigation and diplomatic offices against the background of China from the perspectives of lawyers, arbitrators, judges, scholars and government officials. Through the course, members of the delegation obtained a deep understanding of the intention of the diversified mechanisms of dispute resolution in China and objectively learnt the commercial environment and the status quo of the ancillary circle of the dispute resolution against the background of China’s socialist market economy; they were also impressed with the services of diversified dispute resolution offered by BAC such as arbitration, mediation and dispute adjudication, etc. as well as the diligence of its arbitrators.
The summer vacation course successfully strengthened the cooperation between the Straus Institute for Dispute Resolution of Pepperdine University School of Law and BAC, and promoted the traditional friendship between the two sides.