Beijing Arbitration Commission

A Success on the Swiss-Chinese Arbitration Seminar and Workshops jointly held by BAC and ASA

Publish time: Fri Jul 15 13:38:47 CST 2016

On June 14th, 2016, the Beijing Arbitration Commission/Beijing International Arbitration Center (“BAC/BIAC) and the Swiss Arbitration Association (“ASA”) jointly held a successful the Swiss-Chinese Arbitration Seminar and Workshops at BAC’s International Conference Room. As one of the significant members in the field of international arbitration, ASA gathered twelve internationally renowned experts of arbitration to China and invited numerous distinguished guests from the Chinese arbitration profession together to hold conversation and discussions on the international arbitration and its relating rising issues. Being their first stop to a series of seminars and workshops in China, the ASA came with two goals: to present the latest breakthrough and development of the international arbitration to our fellow Chinese Arbitration practitioners peers, and to draw interest from more Chinese arbitrators, current and/or potential arbitration clients to the advantages and unique characteristics of the Swiss arbitration law and practice.

Opening introduction to the Swiss-Chinese Arbitration Seminar and Workshops 

Mr. Elliot Geisinger, Chairman of the ASA, and Dr. Fu-yong Chen, Deputy Secretary-General at the BAC/BIAC, address opening speeches to the event respectively. As Mr. Geisinger gave his speech, he introduced the development of Swiss arbitration that descends from the benefits of geographical convenience, long-standing national impartiality, and stable political/economic environment. As an ideal seat of arbitration for international arbitration, the ASA wishes to show more of its unique advantages to the field in the world. Dr. Chen succeed Mr. Geisinger’s speech with an introduction to the BAC as one of the leading arbitration institutions in China, who has always been actively integrating itself with the practice of international arbitration with an open and embracing attitude. One of the reasons to the rapid growth and development of the arbitration industry in China is its gradually maturing practice to its domestic arbitration, and also as a result to a mutual integration with the international arbitration practice. The BAC/BIAC supported and welcomed ASA’s seminars and workshops in China. BAC further hopes from this event, to not only foster mutual Swiss-Chinese understanding and trust, but also wishes to find more common grounds for cooperation from BAC’s events, including but not limited to researches, publications, and overseas presentations and seminars in the near future.

 
Mr. Elliot Geisinger, Chiarman of ASA, addressing his opening speech

 
Dr. Fuyong Chen, Deputy Secretary-General at the BAC, addressing his opening speech

Later, Dr. Bernhard Meyer, the Vice Chairman of ASA, and Mr. Jingzhou Tao, the Managing Partner of Dechert LLP of the Asia Pacific Region, each introduced from the perspective of one’s practice, on the Swiss/ Chinese law, culture and its fit. During which, Dr. Meyer mentioned that Switzerland, as an open and embracing Civil Law system country, demonstrates flexibility in its arbitrational practices that derives from clients’ chosen jurisdiction and customary industry practices. It provides clients with possibility of inquisitorial and adversarial procedures that are common to the two main types of Civil Law regime and Common Law regime.  Furthermore, as a multi-lingual country, the majority of Swiss arbitrators or relating practitioners offers alternative dispute resolution services in at least four different major languages. Mr. Tao, who spoke from his abundant experiences in the international arbitration practice, praised the Swiss arbitration practice for its advantages and uniqueness. He further remarked that the two countries’ arbitrators and relating practitioners should broaden and deepen their mutual understanding and collaborations since the two have so much in common on each of their own arbitration practices.

 
Commenter: Dr. Bernhad Meyer

 
Commenter: Mr. Jingzhou Tao 

The ASA brought the event to its climax by presenting inspirational case discussions and training workshops. The participants to this event were divided into three smaller discussion groups.  Each discussion session is based a real international arbitration case and centered around a topic of either: provisional measures, the cost-efficient and speedy organization of the arbitration proceedings, or managing the hearing. Under the guidance of both Western and Eastern arbitration experts, and an interactive discussion based on the chosen topic, each discussion group compared and contrasted the similarities and differences between the Chinese/Swiss arbitration procedures and each of its own practical applications.

 

 
On-site Training sessions

The half-day seminar and training workshop came to a fruitful ending. At the cocktail reception after the seminar and workshop, participants continued their cultural and legal exchange more in depth with the Swiss representatives. This is a recognition to the mutual consensus between the Chinese and Swiss arbitration ideals and an anticipation toward many further exchange and collaborations on Chinese and Swiss arbitration theories and practices in the future.

 
At the cocktail reception

As one of the major arbitration institutions, the Beijing Arbitration Commission, with its long-standing tradition of holding numerous professional seminars and workshops, strives to promote mutual trust and consensus among our domestic dispute resolutions practitioners. It also actively advocates the development of alternative dispute resolutions in China, which increases BAC’s own value on the alternative dispute resolutions services. We welcome any criticisms and comments from all professionals toward BAC’s alternative dispute resolution services, and enthusiastic participation to all kinds of events that BAC hosts, manages, and supports.

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All disputes arising from or in connection with this contract shall be submitted to Beijing Arbitration Commission / Beijing International Arbitration Center for arbitration in accordance with its rules of arbitration. The arbitral award is final and binding upon both parties.
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