Publish time: Wed Dec 06 17:19:32 CST 2017
Between November 24 and 26 2017, the 1st China-Africa Joint Arbitration Centre (the “CAJAC”) International Arbitration Conference has been successfully hosted in Cape Town, South Africa. This event attracted more than 300 professionals from Chinese and African governmental authorities, embassies and consulates, arbitration institutions, colleges and enterprises. At the invitation of the organizer, the Beijing Arbitration Commission / Beijing International Arbitration Center (the “BAC”) dispatched its delegation consisted of Mr. Zhang Haoliang, Director of BAC No. 3 Business Dept., and Ms. Zhang Xi, BAC case manager, to attend the conference. Mr. Zhang delivered speeches in two sections on the CAJAC development and infrastructure and construction dispute resolution, respectively.
The CAJAC was founded in December 2015 by member states of China-Africa Cooperation Forum, aimed to provide proper dispute resolution mechanism for potential disputes arising from commerce, investment and trade between China and Africa. Under the guidance and coordination of the China Law Society, the BAC established the CAJAC Beijing Center on March 27 2017, and endeavored to provide quality and efficient dispute resolution services to Chinese and African entities.
This International Arbitration Conference was themed “From Plan to Action”, an exchange platform for further discussion and clarification of the cooperation and development details of China-Africa joint dispute resolution mechanism. Mr. Ian Neilson, Executive Deputy Mayor of the City of Cape Town, Mr. Kang Yong, Consul General of the PRC Consulate General in Cape Town, Mr. Ji Daxin, Director of China Law Society Office, Mr. Yang Xiaoping, Vice Director of PR Dept. of China Law Society, Dr. Henrique de Sante, Vice Attorney General of Angola, representative of Prof. Githu Muigai, Attorney General of Kenya, Mr. Raymond Zondo, Deputy Chief Justice of South Africa, and Mr. John Jeffery, Deputy Minister of Justice and Constitutional Development of South Africa, were presented and addressed at the conference.
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Mr. Ian Neilson |
Mr. Kang Yong |
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Mr. Raymond Zondo |
Mr. Ji Daxin |
During the session of CAJAC development , Mr. Zhang Haoliang presented an introduction on behalf of the BAC to the audience concerning the quick development of the BAC and the CAJAC Beijing Center, as well as the progress of the Beijing Center since its establishment. By 2016, the BAC has accepted over 30 thousands arbitrations, with the overall disputed amount of more than 30 million USD, accounting for 10% of the whole arbitration market in China. The parties concerned are from over 30 countries and regions, including 6 African countries. As an important arbitration institution within the Asia and Pacific region, the BAC has been promoting the diversified development of Chinese dispute resolution industry and the exchange and cooperation between Chinese and foreign international arbitration practice. Ever since 2013, the BAC has been sharing the Chinese arbitration practice to the international arbitration circle with its launch events of Commercial Dispute Resolution in China: An Annual Review and Preview. Also, the BAC has constantly contributed its experience to the making of international diversified dispute resolution rules as an observer of the UNCITRAL Working Group II. By expressing strong confidence in the continuous growth of the CAJAC, Mr. Zhang said that the BAC would promote the development of Chinese-African dispute resolution mechanism jointly with numerous Chinese and African arbitration institutions and legal professional colleagues, and thereby provide first class arbitration services to Chinese and African entities.
Speech by Mr. Zhang Haoliang in CAJAC development session
In the session of infrastructure and construction dispute resolution, Mr. Zhang delivered another speech on “Reviewing Advantages and Disadvantages of Infrastructure and Construction Arbitration” on the ground of the BAC practice.
Speech by Mr. Zhang Haoliang in infrastructure and construction dispute resolution session
In the field of infrastructure and construction, arbitration has been popular among the parties for dispute resolution thanks to its features such as professionalism, efficiency and confidentiality. More than 20% of the BAC’s overall caseload belong to construction arbitration, predominantly professional and technical disputes, covering various sectors of construction. With the development of practice and the judiciary reforms in various jurisdictions, however, it is necessary that the arbitration community reconsiders how arbitration’s attraction and relative strength to infrastructure and construction disputes could be maintained. Mr. Zhang suggested that to fully implement the arbitration mechanism in China-Africa infrastructure and construction, joint efforts should be made to strengthen the exchanges on China-Africa construction laws, both substantive and procedural, so as to improve the studies of technical issues in infrastructure and construction arbitration, to form a Chinese-African infrastructure dispute expert database and to encourage Chinese and African parties to refer their disputes to renowned arbitration institutions in China or in Africa, and thereby to promote the quick development of China-Africa infrastructure and construction arbitration.
The conference also had sessions on CAJAC prospect, business outlook, legal viewpoint, Intercollegiate communication and support, where speakers from business, law and academic circles conducted in-depth dialogues on the demand and expectations in China-Africa trade and investment, the basis for the establishment of transcontinental legal network and the foundation of uniform China-Africa dispute resolution model. Apart from that, students from four law schools of South Africa, Kenya and China had a mock arbitration competition.
Mock arbitration
At the end of the conference, Advocate Michael Kuper SC, President of the CAJAC Johannesburg Cente, made a closing remark. He said that the 1st CAJAC International Arbitration Conference was undoubtedly a success, and another step towards the furtherance of China-Africa legal cooperation and the joint dispute resolution mechanism. CAJAC centers were expected to put the progresses of the conference into practice, turning the CAJAC prospect into action, and becoming the communication channel between Chinese and African legal and business circles while providing legal guarantee to Chinese and African commercial entities.
Advocate Michael Kuper SC
Before the conference, the BAC delegation participated in the China-Africa Joint Arbitration Guiding Committee meeting and provided its opinions. During the conference, the BAC delegation has conducted extensive and in-depth exchanges with the management of the CAJAC and attendees of the event.
China-Africa Joint Arbitration Guiding Committee meeting
The Conference
The BAC has been endeavoring to provide first class dispute resolution services to parties. The establishment of the China-Africa joint arbitration mechanism provided a larger platform to the BAC where it could turn its prospect of building itself into a world-renowned diversified dispute resolution center to reality. You are welcome to pay continuous attention to the BAC’s diversified dispute resolution practice, and to actively participate in various events organized by the BAC. For more information, please refer to the BAC website or Wechat platform.