Beijing Arbitration Commission

New Chapter for China-Africa Arbitration Cooperation- Inauguration of China-Africa Joint Arbitration Centre Nairobi Center and the First Nairobi Nationwide Dispute Resolution Conference

Publish time: Thu Jul 19 13:33:01 CST 2018

Between 4th and 6th June, inauguration of China-Africa Joint Arbitration Centre Nairobi Center and the First Nairobi Nationwide Dispute Resolution Conference themed “Dispute Resolution from Court to Meeting Room” were successfully held in Nairobi, Kenya. As a member of CAJAC, Beijing Arbitration Commission/Beijing International Arbitration Center (BAC/BIAC) was invited and Dr. Chen Fuyong, Deputy Secretary General of the BAC/BIAC delivered addresses and made some speeches in many sections. Mr. Xu Jie, Senior Brand Manager also attended this conference.

Under the instruction and coordination of China Law Society, BAC/BIAC, Shanghai International Arbitration Center (SHIAC), Shenzhen Court of International Arbitration (SCIA) were delegated as representatives of Chinese arbitration commissions and established cooperation with African relevant arbitration institutions and organizations. In 2017, the BAC/BIAC and the Nairobi Centre for International Arbitration (NCIA) jointly founded the China-Africa Joint Arbitration Centre (CAJAC) – Beijing and the CAJAC – Nairobi. And this inauguration of Nairobi Center is the further development of CAJAC and makes it easier to realize CAJAC vision.

Inauguration of CAJAC Nairobi Center. Members are delivering addresses. Group photo

Inauguration of China-Africa Joint Arbitration Centre Nairobi Center was held in 4th June. NCIA invited Mr. David K.Maraga, Chief Justice of Supreme Court of Kenya to cut the ribbon and inaugurated NCIA. Mr. Li Xuhang, Minister-Counselor and Deputy Chief of Chinese Embassy in Kennya, was invited to attend the opening ceremony and deliver addresses. Dr. Chen Fuyong, Deputy Secretary General of the BAC/BIAC, Mr. Michael Kuper, Chairman of Johannesburg Center of CAJAC, Mr. Huang Wen, Deputy Secretary General of SHIAC, Mr. Chen Siwei, Deputy Legal Counsel of SCIA expressed their congratulations. Dr. Chen Fuyong had a deep discussion with Mr. Lawrence Muiruri Ngugi, Chief Executive Officer of NCIA, Mr. Joshua Oigara, Chief Executive Officer of Kenya Commercial Bank, Mr. Njeri Kariuki, Defender of High Court of Kennya, Mr. Shane Voigt, Partner of Pinsent Masons LLP. Dr. Chen Fuyong emphasized the importance of “New York Convention” and Africa arbitration can use the experience of Chinses arbitration’s flexibility and high efficiency. Mr. Zhuo Wu, Chairman of Kennya Chinese General Chamber of Commerce and Ms. Long Zhiyun,Manager of Commercial Bank Department of Standard Chartered Bank proposed some questions about the development direction of CAJAC and had deep communications with Dr. Chen.

Dr. Chen Fuyong is responding the concern from Mr. Zhuo Wu and Ms. Long Zhiyun.

After the inauguration, five members of CAJAC had a deep discussion about the detailed development measures and methods of CAJAC. It is worth mentioning all members agreed that CAJAC shall conduct further work under the guidance of Chinese arbitration mode and path based on the suggestion of Johannesburg Center. And all members agreed to use rotating presidencies to conduct further work based on the suggestion of Shenzhen Court of International Arbitration. After the discussion, five members of CAJAC visited BOWMANS Law Firm and Dr. Fuyong Chen proposed that the Chinese arbitration path can provide some reference for Africa in the communications and also clarified the enforcement system of Chinese courts.

Five members of CAJAC reached agreement about the further working direction and steps.

Dr. Chen Fuyong is communicating with lawyers from BOWMANS Law Firm. Photo of Dr. Chen and Mr, Zhuo.

After the conference, Chinese General Chamber of Commerce in Kenya prepared celebration dinner for five members of CAJAC and warmly celebrated the inauguration of Nairobi Center of CAJAC.

Between 5th and 6th June, the First Nairobi Nationwide Dispute Resolution Conference themed “Dispute Resolution from Court to Meeting Room” was successfully held in Nairobi. Attorney General of Kennya Mr. Kennedy Ogeto represented the Attorney General Office and Ministry of Justice and elaborated the legislative background and policy-making background to promote multi dispute resolution mechanism. Chairman of NCIA Mr. Arthur Igeria also elaborated the profound significance of embodying the promotion of multi dispute resolution mechanism into Constitution.

Attorney General of Kennya Mr. Kennedy Ogeto is delivering addresses.

The First Nairobi Nationwide Dispute Resolution Conference

Dr. Chen Fuyong made a speech about “Arbitration Institution is the Driving Force of Dispute Resolution Mechanism and How to Exploit the Advantage of Arbitration” and “Multi Dispute Resolution Mechanism Facing Future” respectively. He pointed out that the proper management on arbitral procedure from arbitration institution is an important factor to improve arbitration efficiency and reduce arbitration cost. BAC/BIAC has led folk and international development tendency of Chinese arbitration institutions by introducing a set of advanced arbitration case management system and promoting a set of scientific guidance and incentive mechanism for arbitration parties. He also pointed out that Chinese arbitration path can provide some reference for Africa in the communications. Based on this acknowledgement, BAC/BIAC and other CAJCA members are willing to support the development of African arbitration. In other sections, Mr. Huang Wen, General of SHIAC and Mr. Chen Siwei, Deputy Legal Counsel of SCIA also provided some suggestions and won applause extensively of African practitioners.

Dr. Fuyong Chen is making speeches.

Based on the more and more tight cooperation between China and Africa and the implementation of Belt and Road, BAC/BIAC’s and other Chinese arbitration institutions’ participation in CAJAC will not only deepen China-Africa friendship but also promote the international acknowledgement of Chinese arbitration experience. Today, international arbitration theories and practice are merging step by step. The development of CAJAC will improve the influence of Chinese arbitration industry and China’s image of rule of law, and provide legal defending mechanism for more and more frequent trade and commercial communications and investment cooperation between China and Africa. BAC/BIAC hopes cooperating with more and more people to promote the development of CAJAC and embraces jointly the bright future of China-Africa arbitration cooperation.

Group photo

Model Arbitration Clause Arbitration Clause
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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