Beijing Arbitration Commission

      On May 29, 2015, the international forum “Demystifying International Arbitration for Chinese Parties” jointly hosted by the Beijing International Arbitration Centre / Beijing Arbitration Commission (BIAC/BAC) and the International Court of Arbitration of the International Chamber of Commerce (ICC Court) was successfully convened at the BIAC/BAC in Beijing. The forum has attracted more than 100 participants.

The Forum

      This is a follow-up event to the 2014 Paris Annual Summit on Commercial Dispute Resolution in China jointly held by the BIAC/BAC and the ICC Court. Following a brief introduction by Dr. Chen Fuyong, the Deputy Secretary General of BIAC/BAC, the forum commenced with the BIAC/BAC’s Secretary General Mr. Lin Zhiwei’s opening address. Mr. Lin delivered warm welcomes to all the participants on behalf of the BIAC/BAC, and looked forward to working closely with renowned arbitration institutions like ICC to promote arbitration. Meanwhile, he hoped Chinese and foreign enterprises and legal practitioners could pay more and more attention to arbitration, so as to better understand the operation and development of Chinese and foreign arbitration institutions, to strengthen their confidence and trust in arbitration and arbitration institutions, and to choose arbitration more frequently to resolve their commercial disputes.

      Subsequently, Mr. John Beechey, the President of the ICC Court, gave his welcome remarks. He pointed out that as an alternative dispute resolution mechanism, arbitration currently is still not so popular with parties from mainland China, and yet it will become an increasingly significant dispute resolution mechanism in the near future. Enjoying his first time visit in Asia as the President of the ICC Court, Mr. Beechey is pleased to see the rapid growth of arbitration in mainland China, and is confident in the immeasurable value of this event to the future of Chinese arbitration.

Mr. Lin Zhiwei	Mr. John Beechey

      The forum then moved into its first session, “The Arbitration Law of the PRC, 20 years on”. The Deputy Secretary General of the BIAC/BAC, Dr. Chen Fuyong moderated this session. Following a brief introduction of the topic, Ms. Jessica Fei, Partner at Herbert Smith Freehills, Beijing, reviewed the past development of arbitration in mainland China and the continuously fast growth of arbitration caseload, and believed that there has been a transform in Chinese society from the initial unfamiliarity with and distrust of arbitration to increasing recognition and utilization of arbitration to resolve disputes. Meanwhile, Ms. Fei addressed on those practical problems in the globalization of Chinese arbitration industry. She was followed by Ms. Shen Hongyu, Judge of the Supreme People’s Court. After reviewing the practice experience of Chinese courts during the past two decades after the promulgation of the Arbitration Law of the PRC, Ms. Shen contributed an in-depth analysis from the perspectives of the role of courts in arbitration, the promotion of the Arbitration Law from the judicial practice, the collaborative development of arbitral and judicial practice, and the relationship between arbitration and judiciary. In addition, she introduced the Supreme People’s Court’s attitude toward arbitration in its judicial practice by discussing sample issues including validity of arbitration agreement, implied waiver of the right to object the arbitral jurisdiction and the like. Thereafter, Mr. Song Lianbin, Professor of China University of Political Science and Law, unveiled and discussed the evolutionary process of the Supreme People’s Court’s view on arbitration, the complementation between the Arbitration Law and arbitration rules of main arbitration institutions, by referring to four typical cases. Ms. Ariel Ye, Partner at Kong & Wood Mallesons, Beijing, confirmed the meaningful significance of the Arbitration Law to the establishment of the Chinese arbitration legal system by sharing her own experience in representing the first China-related ICC international arbitration. By comparing with the status quo of international arbitration, Ms. Ye also provided suggestive thoughts on the future of foreign-related arbitrations of China.

Dr. Chen Fuyong

Ms. Jessica Fei	Judge Shen Hongyu

Prof. Song Lianbin	Ms. Ariel Ye

      After a short break, the second session started under the moderation of Mr. Tao Jingzhou, Member of the ICC Court and Partner at Dechert LLP, Beijing. The four speakers focused on the topic “International Arbitration involving Chinese parties: myth vs reality”. Ms. Sylvia Tee, Director of Arbitration & ADR, Asia, ICC Dispute Resolution Services, made a clarification as to five myths that are mostly heard of ICC arbitration, breaking down those untrue stories. Mr. Damien McDonald, Associate at Fangda Law Office, Hong Kong, shared his experience in respect of strategies and skills for Chinese parties in international arbitration, and addressed on some frequently seen questions. Mr. Lu Song, Professor of China Foreign Affairs University, through the eyes of arbitrator, examined the reasons of Chinese enterprises’ failures in international arbitration from different perspectives like Chinese tradition and culture, languages and communication, the selection of counsels. Mr. Chen Jian, Director of CIETAC, offered insightful opinions about the enforcement of arbitral awards in China and relevant rules thereon.

Mr. Tao Jingzhou

Prof. Lu Song	Ms. Sylvia Tee

Mr. Damien McDonald	Mr. Chen Jian

      The Secretary General of the ICC Court, Mr. Andrea Carlevaris moderated the third session, “Effective management of arbitration: what can we do to control time and costs”. Firstly, Mr. John Wang Qiang, Legal Counsel of Sinomach, discussed the potential case management problems during the commencement of arbitration proceedings from the perspectives of in-house counsel, external counsel and arbitrator, respectively, and offered corresponding plans for solution of such problems. Next, Mr. Arvin Lee, Partner of RHTLaw Taylor Wessing, introduced his practical tips for an effective control of time and costs in international arbitration along with the process of arbitral proceedings whilst invoking a sample case. Then, Mr. Zhang Libin, Partner of Broad & Bright, summarized progressive experiences as to the effective conduction of arbitration hearings. He deemed it an innovative work to act as an arbitrator, rather than a matter of routine, which requires that the adjudicator shall give full play to his/her legal wisdom, so as to find an innovative resolution of the parties’ conflicts and disputes. Last but not least, Ms. Khong Cheng-Yee, Director and Counsel of the Asia Office of ICC International Court of Arbitration, presented her considerations of the balance between efficiency and effectiveness in arbitration in combination with the conciliation during arbitral proceedings.

Mr. Andrea Carlevaris

Mr. John Wang Qiang	Mr. Arvin Lee

Mr. Zhang Libin	Ms. Khong Cheng-Yee

      The speeches have apparently won strong interests among conference participants, who then made lively discussions with the speakers during the Q&A session.

Q&A Session

      At the end of the event, Dr. Dong Xiao, Partner of Anjie Law Firm, presented the concluding remarks. Based on his extensive experience both as legal counsel and as arbitrator, Dr. Dong addressed the issues of legislation model of Chinese commercial arbitration, enforcement of foreign arbitral awards in mainland China, as well as the maximization of arbitration’s advantages in settling commercial disputes, and expressed the shared vision of the internationalized development of Chinese commercial arbitration.

Dr. Dong Xiao

      The half-day forum was warmly received by the participants. During the following drinks reception, the speakers and participants had a further communication and discussion. This conference has clarified the myth of international arbitration, and helped Chinese parties and legal practitioners to better understand the development of arbitration in China. Its great success lies in not only the promotion of international communication, but also the improvement of mutual understanding between Chinese and foreign experts and practitioners within the global arbitral community.

Drinks Reception