Beijing Arbitration Commission

The Beijing Arbitration Commission (the BAC) held a seminar on October 23, 2007, so as to prepare for the implementation of its mediation rules. Ms. Wang Hongsong, the Secretary-General of the BAC introduced the background and features of the mediation rules. Next, Mr. Lu Song, professor from China Foreign Affairs University (CFAU), made some comments on the mediation rules, referring to his understanding of the essence of mediation and international practice. Then Ms. Shu Yujing, partner of Kirkpatrick & Lockhart Preston Gates Ellis LLP, Beijing Office, gave her specific analysis on the fee schedule of the mediation, compared to the hourly rate and daily rate of some attorneys and mediators in the U.S.. And then, Mr. Ashley Howlett, Partner of Jones Day LLP, Beijing Office, shared his experience of mediation with the participants especially in construction fields. Finally, Ms. Liu Huishan and Mr. Yao Zhuang, both of whom are professors from CFAU, commented on the mediation rules and practice with their decades of experience in legal fields.

 

Following the speeches, Mr. Qiao Gangliang, VP of GE Medical Health Care, presided over free discussion, during which the participants from foreign and domestic law firms made warm discussion over the mediation rules and its fee schedule. Focused on the settlement agreement reached by the parties in mediation, the attendants gave different opinions about whether the settlement agreement was legal binding. They emphasized on the differences between laws and regulations in Civil Procedural law of PRC and those in common law countries. By comparison, they were also curious about under what circumstances the parties could submit the settlement agreement to arbitration to get an arbitral award or mediation statement, which is enforceable in people’s courts. As concerned the fee schedule of mediation, some participants reached an agreement on a flexible fee schedule, which would be attractive to both senior mediators and more parties.