Beijing Arbitration Commission

To adapt to the demands of international arbitration market and help the development of international arbitration, on March 26, 2013, the symposium of “Latest Development and Prospect of International Arbitration Rules”, co-organized by Beijing Arbitration Commission (“BAC”) and Hong Kong International Arbitration Center (HKIAC), was grandly held in International Conference Hall of BAC and attracted nearly 100 participants including officers from legislature, judicial organization and the experts and scholars engaged in arbitration theory and practice for a long time, famous lawyers and legal professionals from the enterprises and units and some senior arbitrators, etc. The secretary-general of HKIAC Bao Qi’an and deputy secretary-general Liu Jing, the vice director of BAC Wang Hongsong, secretary-general Lin Zhiwei, section chief of business department II Jiang Qiuju attended this symposium which was presided over by Mr. Chen Sheng, the arbitrator of BAC and HKIAC.

The host Mr. Chen Sheng	The symposium gathered a lot of experts

The secretary-general of BAC Mr. Lin Zhiwei and secretary-general of HKIAC Ms. Bao Qi’an made the speech respectively in the symposium. Mr. Lin Zhiwei firstly extended warm welcome to all the participants, expressed the appreciation for close cooperation with HKIAC, emphasized the important significance of arbitration rules for arbitration commissions to improve the arbitration service quality, enhance international competitiveness and build on the famous international arbitration brand, summarized the basic concepts on BAC revising arbitration rules in previous times and background and meaning on starting up the amendment to arbitration rules this time and showed the expectations to extensively listen to the suggestions and advices from the experts in the field on amendment to arbitration rules. Ms. Bao Qi’an thought highly of the open dialogue platform created by BAC and HKIAC, briefed the revision background and main features of new arbitration rules of HKIAC (new HKIAC rules) as adopted in 2013 by integrating the development demands of Hong Kong and international arbitration market and expected to make deep communication and cooperation with the domestic arbitration professionals.

The secretary-general of BAC Mr. Lin Zhiwei	The secretary-general of HKIAC Ms. Bao Qi’an

The second session was about “the Latest Arbitration Rules of HKIAC and Evaluation”. Hosted by Prof. and PHD supervisor Wang Chenguang from Law School of Tsinghua University, the deputy secretary-general of HKIAC Mr. Liu Jing gave a keynote speech titled “Features of HKIAC Rules in 2013 and Macro Environment and Micro Operation of Arbitration in Hong Kong”. As he pointed out, new HKIAC rules would, while respecting the autonomy of will of the parties involved, enhance the management and proceeding facilitation capacities, offer more flexible management convenience for arbitration organizations by affirming and perfectly adding the parties, combining the case, emergency arbitrators, and generally trying the arbitration agreement, etc., and endow the arbitration tribunal with more discretion powers. At the same time, the new rules would improve the arbitration fee system and the parties may be subject to hourly rate or amount in dispute according to Fee Statement, which has enhanced the abilities of the parties involved in controlling the fees in the course of arbitration. Lawyer Ye Lu, the associate of King & Wood and Zheng Rungao, the associate of Clifford Chance made the wonderful comment on Mr. Liu Jing’s speech and showed their appreciation and recognition on new HKIAC rules, and proposed active suggestions and opinions on revision of new HKIAC rules based on their rich experience and by sharing the relevant arbitration cases.

Prof. Wang Chenguang	The deputy secretary-general of HKIAC Mr. Liu Jing

Lawyer Zheng Rungao	Lawyer Ye Lu

The third session was hosted by Ms. Wu Zhenglan, the vice general manager of Legal Affairs Department of the Export-Import Bank of China and Jiang Qiuju, section chief of business department II, made the keynote speech titled “Ideas for Revising the New BAC Rules”. As the first public “show” of revised new BAC rules, Ms. Jiang firstly overviewed the revisions on arbitration rules in previous times, pointed out that the revision of BAC rules always adheres to the basic concept of “two developments” and “three mainlines”, i.e. the new rules shall be revised on the basis of sticking to the theory and practice of domestic and foreign business arbitration concepts and development of BAC, by combining the rules and common practice of commercial arbitration and comprehensively considering the understanding of parties involved and applicable experience as well as the practice of judicial supervision of the courts etc., and extensively soliciting the opinions of all sectors of society prior to making the all-around consideration. Afterwards, Ms. Jiang introduced to the participants the ideas for revising new rules this time. As she pointed out, the revised new rules would be more in full compliance with the concept of highly efficiency and flexibility of international commercial arbitration, endow the arbitration commission and arbitration tribunal to adopt flexible and diversified management methods and discretion on trial measures by affirming to allow case combination, adding the parties and making decision on jurisdiction, etc. so as to actively realize the flexible connection with the common practice in international arbitration. At the same time, new rules had made breakthrough stipulations on evidence identification and the arbitration tribunal may, in addition to by reference to the laws, juridical interpretations, relevant industrial rules and transactional practice, etc., comprehensively consider the whole case during evidence identification. In addition, Ms. Jiang stressed that the new BAC rules would respect the autonomy of will of the parties involved more and try to make the parties involved feel the friendliness of the arbitration rules. For instance, the counterclaim may be proposed exceeding the time limit and proposing the jurisdiction opposition would not affect the term for appointing arbitrators, etc., which has enhanced the transparency and predictability of the proceedings. Lawyer Fei Ning, the associate of Junhe Law Firm, on the basis of fully confirming the exploration and efforts in internationalization made by BAC on revising the new rules, called for more arbitration commissions to take the internationalized road. Mr. Gao Wei, the secretary of board and chief counsel of Sinotrans & CSC Holdings Co., Ltd. had actively offered his valuable advices on rules revision from the perspective of consumers of arbitration service and by integrating his own experience.

Vice general manager Wu Zhenglan	Section chief Jiang Qiuju

Lawyer Fei Ning	Chief counsel Gao Wei

The fourth session is on the theme of “Latest Practice and Prospect of Judicial Review of International Commercial Arbitration” and hosted by Ms. Tang Qixia, the vice director of Legal Affairs Department of Commercial Aircraft Corporation of China, Ltd.. The keynote speaker Shen Hongyu, judge of No. 4 Civil Division of Supreme People’s Court, shared the data and relevant cases on foreign-related commercial arbitration and judicial review on international commercial arbitration as reported by the local courts and accepted by the Supreme People’s Court between 2010 and 2012. Afterwards, Ms. Shen expressed her own opinion on common issues in arbitration practice such as validity of arbitration agreement, arbitration rules, and agreement on arbitration organization, proper notice and service, arbitrator information disclosure from the perspective of judicial review of the court. Hao Zuocheng, the section chief of Civil Law Department of Legislative Affairs Committee of National People's Congress and Wang Yaxin, Prof. and PHD supervisor from Law School of Tsinghua University made the wonderful comment. Mr. Hao pointed out that the development of commercial arbitration benefited from the support of legal system, judicial authorities and administrative authorities besides its own development and Prof. Wang expressed the good hope that the court should give guidance during judicial review of arbitration award instead of controlling and cracking down.

Vice director Tang Qixia	Judge Shen Hongyu

Section chief Hao Zuocheng	Prof. Wang Yaxin

During the free discussion, the participants spoke enthusiastically, and actively shared their own ideas and what they have learnt from this symposium and made the communications and exchanges with the guests from many perspectives. At last, the vice director of BAC Wang Hongsong made the closing remarks. She firstly showed the gratitude for HKIAC’s support for this symposium and appreciation for the excellent speeches of keynote speakers and evaluators with clear viewpoint and full and accurate information. Ms. Wang also emphasized that BAC shall continue to adhere to the principle of integrating the internationalization with localization during amendment to arbitration rules this time, make every effort to provide better arbitration services and expected that all sectors would give more valuable and precious opinions on the review of new rules this time.

Communications on site with the participants

The vice director Wang Hongsong is making the closing remark	Participating leaders are taking photos

This symposium is one of measures of BAC’s development planning to adapt to the needs of international arbitration development, trying to constantly enlarge the cooperation and communication with international and domestic famous institutions and gradually develop into the world famous ADR core institution. The symposium, by deeply interpreting new HKIAC rules and new BAC rules, has better met the demands of workers in the field and social sectors focusing on the latest development of international arbitration rules and provided an open platform for all social sectors to understand the development trend of domestic and international arbitration course. The symposium came to an end with the warm applause.

Attached:

Report on the symposium of Xinhua News:http://news.xinhuanet.com/2013-03/28/c_115196284.htm