Publish time: Tue Jul 02 00:00:00 CST 2013
In order to strengthen the effective communication between arbitrators and lawyers and improve the positive interaction between arbitrators and agents in the arbitration service for the purpose of jointly promoting the specialized standard and professional quality and facilitating the establishment of the legal professional community, on the afternoon of June 20, 2013, Beijing Arbitration Commission (hereinafter referred to as BAC) and Beijing Lawyers Association (hereinafter referred to as BLA) held in the international conference hall of BAC the forum of “Observing lawyers from the perspective of arbitrators while observing arbitrators from the perspective of lawyers – strengthening professional cooperation between Beijing Arbitration Commission and Beijing Lawyers Association and establishing legal professional community”. The forum was presided over by JIANG Qiuju, Director of Business Department Two of BAC, and attended by more than 70 lawyers and BAC arbitrators, including Vice-chairperson WANG Hongsong, , Secretary-general LIN Zhiwei and Deputy Secretary-general CHEN Fuyong of BAC, as well as Vice-president ZHANG Xiaowei, Deputy Secretary-general WANG Xiaojuan, Ms. ZHANG Lixia, Vice-chairperson of Committee of Operational Guidance and Further Education, directors & deputy directors and members of the specialized committees of BLC.
Secretary-general LIN Zhiwei and Vice-president ZHANG Xiaowei gave their opening speeches. Secretary-general LIN welcomed the lawyers on behalf of BAC and pointed out that BAC attaches great attention and importance to the forum. He held the opinion that the reason why arbitration institutions, arbitrators and lawyers could establish a legal professional community is that they share the same goal, concept and behavioral pattern. BAC is an institution for both dispute settlement and legal service, providing the lawyers with impartial, professional and efficient arbitration service. Secretary-general LIN wished to deepen the cooperation and communication in the future by establishing a platform through this forum.
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Vice-president ZHANG Xiaowei pointed out the arbitration is an important field for lawyers and that a lot of professional and successful lawyers emerged therefrom. Vice-president ZHANG held the opinion that lawyers and arbitrators have common and consistent goal from the perspective of sociability; while from the perspective of practice, a lot of lawyers act as arbitrators in arbitration institutions, which will effectively promote the communication between the practice of arbitration and that of lawyers. BLA and BAC have a lot of jobs in common. They could cooperate more closely for mutual promotion and joint development.
At the speech stage, Mr. LIU Junhai, Professor of Renmin University of China, first gave a speech. Professor LIU thought that the forum is important to remove the fragmentation phenomenon within law practitioners, comprehensively create the legal environment with integrity and transparency, promote the prosperity and development of the business of lawyers and the arbitration market, and to rule of law. Legal professional community is a actual trend other than a dream. Professor LIU thought that the conference has an initiative meaning thereto. As a professional community, law practitioners should believe in the value of rule of law and stick to the concept that law is fair and just. Although it would take a long time to establish a legal professional community, Professor LIU believed it would be realized with the efforts of all law practitioners.
Mr. SUN Yonggang, Vice General Manger of Shougang Group, made a thorough presentation of the relationship between lawyers and arbitration before, during and after the hearing. Mr. SUN also indicated that where lawyers act as agents of the corporate clients, they should deal with issues from the standpoint of corporations and enhance communication with corporations to better promote the arbitration proceedings and safeguard the rights and interests of the corporations.
Mr. LIU Huisheng, former Director of the General Office of the Supreme People’s Court, thought that arbitrators and lawyers have the following aspects in common: first, common belief; second, common value; third, common thinking mode; fourth, common methodology. The difference between them is that lawyers serve their clients while arbitrators serve both parties. Arbitrators and lawyers are the two sides of one coin. They should become partners rather than opponents.
Ms. FU Yulin, Professor of Peking University, thought that it is very important to set up a common platform between arbitrators and lawyers. Professor FU offered several suggestions on the arbitration cases under the agency of lawyers: first, being a smart and kind person and being dedicated to work; second, speaking with evidence and facts to do the right things; third, concentrating on cases and being fully prepared; fourth, bringing clients to the hearing in cases with relatively great disputes on facts; fifth, persuading arbitrators other than arguing with the other party.
Mr. YANG Xuefang, Deputy Director of the Specialized Committee of Arbitration Law of BLA and Partner of Zhongzi Law Office, thought that the forum is a high-level and very professional one. Arbitration cannot develop without lawyers while the business of lawyers could not be separated from litigation and arbitration. Having made a comparison between litigation and arbitration, Lawyer YANG thought that arbitration has more advantages in terms of fairness and efficiency, so lawyers should advise the parties to choose arbitration and the professionalism of lawyers would be better brought into play in arbitration.
Mr. YUAN Huazhi, Deputy Director of the Specialized Committee of Construction Projects and Real Estate of National Lawyers Association and Partner of Dacheng Law Offices, proposed his opinions from the perspective of a lawyer and an arbitrator respectively. Lawyer YUAN thought that from the standpoint of a lawyer, arbitrators should be fair, professional, efficient and dedicated to work; while from the standpoint of an arbitrator, lawyers are expected to work carefully and actively cooperate with the arbitral tribunal to facilitate the arbitration process for the successful conclusion of cases.
Ms. WANG Yang, Member of the Specialized Committee of Beijing Lawyers Association and Director of Lvli Law Office, thought that the community should share the common core value, including fairness and justice, honesty and trustworthiness and diligence.
Mr. WANG Xuehua, Director of the Committee of International Business and WTO of National Law Association and Partner of Beijing Huanzhong Law Office, presented his opinions on how lawyers should treat arbitrators. Lawyer WANG thought that the concept of legal professional community should be actually deeply rooted in one’s mind rather than just being a slogan. Members of the community should at least respect each other, which would be reflected in every little bit of the process of cases. Arbitrators should be fair and efficient and build a favorable atmosphere to solve problems. Lawyer Wang also proposed his unique views as to the meetings before the hearing and the cross-examination of witnesses by combining his own foreign arbitration experiences.
Mr. CAO Lijun, Secretary-general of the Specialized Committee of Arbitration Law of National Lawyers Association and Partner of Zhong Lun Law Firm, indicated that the following issues should be solved to build a professional community of lawyers and arbitration: first, arbitration should be prevented from becoming litigation; second, professionalism should be reflected in arbitration; third, advanced experience of international arbitration institutions should be referred to by domestic arbitration institutions; fourth, arbitration should be separated from mediation.
Having listened to the opinions of the guests, Ms. WANG Hongsong, Vice-chairperson of BAC, gave the closing speech. Ms. Wang thought highly of the forum. She pointed out that the forum is a great success for the following reasons: first, all those who made speeches at the forum spoke sincerely and frankly; second, all those statements made at the forum were pertinent and constructive. One important purpose of the form is that arbitrators should make efforts to become good arbitrators in the eyes of lawyers while lawyers should strive to become good lawyers in the eyes of arbitrators. BAC proposed to build a professional community, wishing to turn the goal of BAC to that of the professional community. All law practitioners should jointly carry forward diversified dispute resolution mechanism, which would be an opportunity during social reform of China. BAC not only wishes to become a center for arbitration, but also wants to be a center for mediation and Dispute Review. The goal of building a legal professional community would be advanced to a new and higher degree through mutual cooperation between BAC and BLA. Ms. WANG finally expressed appreciation to all guests and lawyers for their participation and hoped more activities of this kind would be held in BAC in the future.