Publish time: Fri May 11 09:38:22 CST 2018
Between April 19 and 20 2018, the AMINZ-ICCA International Arbitration Day (the “NZ conference”), a follow-up to the 24th International Commercial Council for Arbitration (the “ICCA”) congress, was successfully hosted in the Queenstown, New Zealand. The NZ conference was themed “A World from Evolution and Adaption to Transform”, which has attracted over a hundred professionals from dozens of jurisdictions. The Beijing Arbitration Commission / Beijing International Arbitration Center (the “BAC”) dispatched a delegation consisted of its Deputy Secretary General Dr. Chen Fuyong and BD director Mr. Xu Jie to attend this event.
Young ICCA workshop
Opening ceremony
On the afternoon of April 19, the Young ICCA workshop convened as an affiliate to the ICCA. Sir David Williams QC, former judge of the High Court of New Zealand, and Dr. Jacomijn van Haersolte-van Hof (Jackie), Secretary General of the London Court of International Arbitration, led a discussion on “how to start an arbitration profession” with several young arbitration practitioners. The speakers shared their experience of professional development and professional planning of “clerk of arbitral tribunal”, and pointed out that as a freshman, youth arbitration practitioners has no better choice to start their arbitration profession than learning the cutting-edge arbitration skills and knowledge at well-known international arbitration institutions. On this ground, active participation in international arbitration events and research projects organized by international arbitration institutions will greatly broaden youth arbitration practitioners’ perspectives and approaches of understanding and analysis, and help them to find their positions in the fast development of international arbitration. The BAC participated in the discussion actively, and raised questions about the career transition from clerk of arbitral tribunal to arbitrator or counsels in arbitration, which aroused warm discussion among audience. In the evening, the NZ conference formally began. The opening ceremony provided the audience from various jurisdictions with a grand show of New Zealand customs and the status quo of local arbitration industry.
Keynote speech by Governor of New Zealand
A grand party of international arbitration experts
During the panel discussion of the NZ conference, the organizer invited a number of renowned international arbitration experts including Christopher Finlayson QC, member of parliament and Attorney General of New Zealand, Sir Bernard Rix, retired Lord Justice of Appeal, Dr. Neil Kaplan KC, former judge of the High Court of the Hong Kong SAR, Mr. Gerard van Bohemen, former ambassador of New Zealand delegation at the UN and existing judge of the High Court of New Zealand, several members of the Governing Board of the ICCA and partners of various international law firms in charge of arbitration. They conducted a discussion on those possible new development of international arbitration in the future, and shared their experience and findings about a good many cutting-edge practice in international arbitration.
The Rt. Hon. Dame Patsy Reddy GNZM QSO, the existing Governor of New Zealand, made a summary of the achievement of international arbitration in a series of international public sectors such as environmental protection as well as problems it faces, by referring to the two ad hoc arbitration arising from the underground nuclear tests in New Zealand and France and the dispute over marine fishery resources between New Zealand, Australia and Japan. Mr. Donald Donovan, the former ICCA President, started his speech with the arbitration between the US and Canada for dispute over their borders and the well-known Alabama arbitration, and stressed that as an effective mean of dispute resolution and conflict avoidance that is widely recognized by the international community, arbitration is worth of summary and research in the public sector, and the issues in this respect must be the problems to be seriously considered, discussed and resolved by international arbitration practitioners in the future.
Mr. Daniel Kalderimis
Prof. Lucy Reed
Next Mr. Daniel Kalderimis and a member of the Governing Board of the ICCA Prof. Lucy Reed pointed out in their respective speeches that during the “Brave”, ”New” and ”World” process, it is important to be cautious and prudent and to focus on the core essence and the original aim of arbitration as a mean of dispute resolution. Indeed, arbitration has received outstanding achievements in the history of resolving public issues, and instruments such as the Hague Convention on Peace, the New York Convention and the Washington Convention have identified arbitration’s core value of independence and impartiality, and thereby built an international dispute resolution system that is helpful to the social development all over the world. Nevertheless, as a dispute resolution means based on party autonomy and self-governance of the parties, arbitration does not have a clear answer as to whether it should, and is capable to, cast its value on public sectors. By reference to the practice of Asian Infrastructure Investment Bank and the current sign of anti-globalization, the speakers analyzed that although the existing international arbitration theory and practice is in its third wave of evolution, it seems that arbitration practitioners could only expect that the change of global governance and arbitration’s evolution itself well complement each other, rather than have the order reversed and try to intervene in the public issues with arbitration. This is to be stressed not only in arbitrations for disputes over environmental issues, but also in practice that may have influence on the mode of global governance such as the Trans-Pacific Partnership Agreement and the Belt and Road Initiative where extra prudence is needed. Prof. Lucy Reed further stressed that over enthusiasm will damage the long-term development of arbitration, since the success of arbitration is built upon the demand of disputes, and should not try to shape such demand. People trust arbitration as they look forward to obtaining quality dispute resolution outcomes via this quality dispute resolution procedure. The speakers and audience had a heated discussion on this and reached a consensus that the strength of arbitration is that it is capable to turn hostility to friendship by righting the wrongdoing. As to the challenges faced by international arbitration, it is recognized that endeavors should be made to further absorb and summarize the rules resulted from international arbitral awards and relevant practice by limitedly improving the transparency of arbitration, to strengthen the arbitral tribunal’s expertise and responsibility in dealing with disputes, and to always stick to “the promotion of cross-border trade”, the original aim of arbitration development. Only on this ground could the innovation and attempt have legitimacy and more in-depth significance.
Introduction of cutting-edge practice by PCA members
Experience sharing of New Zealand aboriginal Maori tribe arbitration practice
The full day’s discussion also provided analysis of typical environmental arbitration under the Kyoto Protocol and the Paris Agreement, as well as the cutting-edge international arbitration practice of New Zealand aboriginal residents for resolving disputes over natural resource exploitation. Discussion was also conducted on cutting-edge issues such as emergency arbitrator, gender equality, the balance between confidentiality and transparency, which has fully reviewed the updates of international arbitration in recent years.
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Presentation of BAC and its books to Governor of New Zealand and Ms. Deborah Hart of the organizer by BAC delegation |
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BAC delegation’s discussion with AMINZ Vice President Mr. Royden Hindle (1st left) and New Zealand International Arbitration Center Director Mr. John Green (1st right) for possibility of cooperation
The BAC delegation has actively participated in this AMINZ-ICCA International Arbitration Day, which is not only a reflection of the BAC’s consistent support to the ICCA’s promotion of exchange and integration within the international arbitration community, but also a valuable exploration contributing to the close cooperation between the arbitration circles of China and other countries and regions. Meanwhile, from the adoption of valuable thought and practice of international arbitration, the BAC will, from its own research and practice, further promote the internationalized development of the Chinese arbitration, so as to strengthen the Chinese arbitration practitioners’ capability in discussion on international arbitration.