Beijing Arbitration Commission

Recently, Global Arbitration Review (“GAR”), the world leading legal information platform and authoritative distribution center of international arbitration news founded and operated by Law Business Research Limited from Great Britain, released Guide To Regional Arbitration 2013, which listed BAC in the “Ones to Watch” and made thorough introduction and analysis of BAC.

GAR indicated that many professionals admired BAC and regarded BAC as a local arbitration institution in China that meets international standards. The professionalism, competence and transparency of BAC were affirmed at the same time.

The professionalism of BAC is reflected not only in the design of systems and rules, but also in the competence and experience of BAC’s arbitrators in handling with complicated and difficult cases. The professionalism of the arbitrator team relies on the extensive training opportunities offered by BAC to its arbitrators, which was confirmed by GAR. The pursuit of BAC for the fairness and transparency of arbitration proceedings is manifested in details. The Guide especially referred to the practice of BAC in international commercial proceedings in which parties are allowed to appoint new arbitrators in post-mediation arbitration in case of failed mediation, in order to ensure the fairness of the arbitration. GAR held the opinion that the design of such a rule was highly humanized for multinational corporations. It is the design and application of such humanization that ensured the fairness and transparency of arbitration proceedings.

The core competitiveness of BAC is reflected in its software and hardware. As to the software, the Guide indicated that BAC owns the experience and competence to handle international cases. During its 17-year development, BAC has handled more than 490 foreign-related cases. In recent years, BAC accepted 30 to 50 international cases every year, while the total cases accepted were about 1,500 every year. While accumulating so much experience of individual cases, the arbitration proceeding of BAC was never tedious. On the contrary, BAC aims to resolve all disputes within 6 months. As to the hardware, GAC held the opinion that BAC has an excellent group of secretaries and realizes the systematic management of case information through advanced electronic case management system. Besides, the arbitration hall of BAC is fully equipped and has comfortable environment. The full view of Beijing CBD could be seen by looking out of its window.

It is learned that as the international influence of BAC increases in recent years, the international arbitration community pays more and more attention to BAC. In 2009, a long piece of empirical study of BAC was published in the American Review of International Arbitration, which fully analyzed all effective measures taken by BAC to ensure independence, competence and fairness. In 2010, the Construction Law Journal of Britain published an article to introduce Chinese experience of institutional arbitration. That article took BAC as an example,. In 2011, a chapter was added in the 2nd Edition of World Arbitration Reporter to review BAC. In 2012, GAR made a special report on an arbitration case handled by BAC which involved a Chinese company and a US company and the disputed amount of which was over one billion Yuan.

Attached please find the : original comments on BAC in the Guide to Regional Arbitration 2013:

    BAC – Beijing Arbitration Commission

    Why’s it one to watch?

    The BAC has many admirers. An article by the Economist Intelligence Unit described it as “the only local arbitration commission which meets global standards”. Anecdotal evidence in Hong Kong’s arbitration community supports this.

    Gosh. What makes it so popular?

    Professionalism, competence and transparency, according to one respected source (speaking at GAR Live Hong Kong). Its rules are friendly towards international companies, in that they allow the parties to change arbitrators mid-case should a Med-Arb process, which is often part of a foreign-related dispute, be unsuccessful.

    Who gets credit for all that?

    It’s run by Madame Wang Hongsong – “Madame Wang” to the local arbitration community – who’s occasionally described as “formidable”. The BAC also insists that all arbitrators joining its list go on an intensive training programme.

    What does the future hold?

    Most of China’s local arbitration commissions are expected to do well because of the “cloud” hanging over CIETAC (see below). The BAC, as the class of the field, should do better than most. It may be BAC’s big chance to shine.

    Does it have much experience with international work?

    Oh yes. It has handled around 490 foreign-related matters in its 17-year span. That equates to about 30 to 50 new international cases in recent times. It handles around 1,500 to 2,000 matters each year.

    Are there any things to look out for?

    As with any Chinese mainland arbitration, it won’t be as in-depth a process as some might want. The BAC aims to complete all matters within six months. On the upside, the staff are helpful, often fluent in English, and have the benefit of a really effective case-management system. And its hearing rooms also have a lovely view of Beijing. BAC – Beijing Arbitration Commission.

For more introduction to other well-known arbitration institutions in the Guide to Regional Arbitration 2013, please refer to:

http://globalarbitrationreview.com/regional-arbitration/directory/4/article/31490/ones-watch-asia/.