Publish time: Tue Feb 28 18:11:20 CST 2023
On February 3, 2023, the Seminar on International Arbitration Practice in Northeast Asia jointly hosted by Beijing Arbitration Commission/Beijing International Arbitration Center (the “BAC”), Japan Commercial Arbitration Association (the “JCAA”), Korean Commercial Arbitration Board (the “KCAB”) and Keio University Law School was successfully held online. This seminar aims to introduce the International Arbitration in Northeast program set up by Keio University Law School in cooperation with the three arbitration institutions, so as to promote the academic and practice exchanges of arbitration in Northeast Asia. The event consists of Opening Address, Introduction of the New Program, Keynote Speeches and Q&A sessions.
The Opening Address was given by Prof. Masako Miyatake of Keio University Law School. This was followed by a presentation of themes and contents of the upcoming International Arbitration in Northeast program of eight lessons by Dr. Harald Sippel. Thereafter, Dr. Chen Fuyong, Deputy Secretary General of the BAC, Prof. Kazuhiko Yamamoto, Executive Director of Arbitration and Mediation of JCAA, and Mr. Steve Kim, Secretary General of KCAB, delivered keynote speeches as representative of arbitration practice within Northeast Asia on arbitration practice in their respective countries as well as cooperation and development within the arbitration community in Northeast Asia.
Dr. Chen’s speech was themed “It’s the Right Time for Northeast Asia to Strengthen Cooperation in the field of Arbitration – From the Perspective of BAC/BIAC”. He presented key facts about BAC in details, its arbitration caseload concerning Japan and South Korea, its arbitrators with Japanese and South Korean backgrounds, and its long-standing friendship with Japanese and South Korean colleagues.
By the end of 2022, BAC has accepted 66,792 arbitration cases in total, with accumulative total disputed amount of approx. RMB726.5 billion. Among such caseload, there are 1,715 international arbitration, with an annual international arbitration caseload of over 200 cases for three consecutive years. 52 cases are related to Japan, and 31 to South Korea (excl. cases concerning Japan-invested and South Korea-invested enterprises that are incorporated in China), which cover a wide range of categories, and have a trend of increase year by year. 50% of Japan related cases and 27% of South Korea related cases have been concluded by mediation.
In the BAC Panel of Arbitrators for commercial arbitration, there are 6 South Korean arbitrators, 20 non-Japanese arbitrators who are capable of dealing with cases in Japanese language, 4 non-South Korean arbitrators who are capable of dealing with cases in Korean language. In the BAC Panel of Arbitrators for investment arbitration, there is 1 Japanese arbitrator, 3 South Korean arbitrators and 2 non-Japanese arbitrators who are capable of dealing with cases in Japanese language. From 2005 to 2022, the BAC has appointed foreign arbitrators for 745 times, with an annual appointment of foreign arbitrators for more than 75 times in recent two years. The BAC has kept the proportion of female arbitrators appointment at around 50% of its appointment of male arbitrators during the past three years.
Ever since its establishment, the BAC has well kept it exchanges and cooperation with the legal communities of Japan and South Korea. Ms. Keiko Ito and Mr. Yoon Kyung-won, Legal Counsellors of Japan and South Korea, Prof. Yasuhei Taniguchi, the renowned Japanese legal scholar, Prof. Sawada Toshio, Vice President of International Court of Arbitration of International Chamber of Commerce, and Prof. Yang Byung Hui, President of Korea Arbitration Association, have all paid visits to the BAC. The delegation of Nagoya University Law School has visited the BAC twice to have exchanges, and the delegation of Korea Future Information Property Law Institute has also visited the BAC to have exchanges. In 2003, the BAC has held the China-South Korea-Japan International Arbitration Academy Conference jointly with Korea Commercial Arbitration Board and Korean Council for International Arbitration. In July 2022, Dr. Chen was invited to give a lecture in the University of Tokyo Law School themed “The Status quo of International Arbitration in China”. Apart from that, three South Korean students who studied at Georgetown University, Washington University and Peking University have participated in the BAC’s international internship program.
Dr. Chen highlighted that the cooperation within the arbitration community in Northeast Asia has solid historical background, and expressed the willingness to promote the cooperation within the arbitration community in Northeast Asia. Prof. Kazuhiko Yamamoto and Mr. Steve Kim introduced the differences between arbitration and other dispute resolution means and the advantages of arbitration based on practical experiences of their respective institutions, and expected to strengthen the exchanges and cooperation between arbitration institutions of China, Japan and South Korea in the future, so as to promote the arbitration development in Northeast Asia.
In the Q&A session, the speakers answered questions raised by the audience. Students of the Law School have shown their interests in and expectations toward the program. The BAC will provide the Sixth course that is scheduled on May 15, 2023, which will be focused on the BAC Arbitration Rules and its international arbitration practice in details.