Research Topic of the Supreme People’s Court on Establishing and Improving Diversified Dispute Settlement Mechanisms
Research Report on the Sub-topic Project of Commercial Arbitration
(Note: The version published on the website is the brief version of the “Report”, the full text of which is published on Beijing Arbitration, Volume 66, China Legal Publishing House, September, 2008)
The Sub-topic Project Team of Commercial Arbitration
Report Outline (please click the contents for details):
- I. Project Overview
- II. Research Background and Purpose
- III. Development History and Present Situation of China’s Arbitration
- (I) Development History of China’s Arbitration and Promulgation Background of the Arbitration Law
- (II) Innate Advantages of Arbitration in terms of Settling Disputes, Maintaining Harmony and Promoting Civil and Commercial Trade
- (III) Epochal Characteristics of the Development of China’s Arbitration System
- IV. Project Research Methods
- (I) Overview of Research Methods
- (II) Design of Research Questionnaire
- (III) Statistical and Analytical Tools of Research Questionnaire
- (IV) Analysis of Collecting of Research Questionnaire
- V. Extensive Analysis of Major Issues
- (I) On Development of Arbitration Institutions and Popularity of Arbitration
- (II) On Circumstances of Case Settlement
- (III) On Arbitration Legislation
- (IV) On Arbitration Agreements
- (V) On Judicial Supervision over Arbitration
- (VI) Summary of Research Circumstances
- VI. Suggestions
- (I) On Arbitration Agreements
- (II) On Arbitrators
- (III) On Arbitration Procedures
- (IV)On Judicial Supervision over Arbitration
- (V) The Positioning of Arbitration Institutions as Legal Person
- (VI) Undertaking of Responsibilities by Arbitrators and Arbitration Institutions
- (VII) On Suggestions for Special Provisions of International Commercial Arbitration
I. Project Overview
Establishing and improving diversified dispute settlement mechanisms was the key reform project of the Supreme People’s Court in 2008. As an important way of diversified dispute settlement mechanisms, commercial arbitration is one of the important sub-topics of the research project. Under the arrangement of the Supreme People’s Court, the sub-topic team of commercial arbitration was established jointly by the Supreme People’s Court, China International Economic and Trade Arbitration Commission (hereinafter referred to as CIETAC) and Beijing Arbitration Commission (hereinafter referred to as BAC), and was formally founded in late July, 2007. Leng Haidong, Deputy Secretary General of CIETAC, acts as the leader of the sub-topic team, while Dr. He Fan of the Judicial Reform Office of the Supreme People’s Court (hereinafter referred to as JRO) takes charge of the coordination and guidance thereof. Wang Xilian, Director of BAC, Zhao Jian, Director of CIETAC and others a total of ten persons are the members of the topic team. Jiang Lili from BAC, as well as a member of the topic team, is the author of the research report.
When the Work Program of the Reform Project on Establishing and Improving Diversified Dispute Settlement Mechanisms of the JRO of the Supreme People’s Court was issued, the sub-topic team of commercial arbitration held a meeting on August 15, 2007 as required by the Work Program to jointly research work ideas, discuss work plans and prepare work programs. Afterwards, the topic team prepared a questionnaire, which was sent to 186 arbitration institutions nationwide, and followed up the feedback information timely. In September and October, 2007, the topic team went to Nanjing, Shenzhen, Chongqing and Yinchuan for survey, and had an informal discussion with the local high and intermediate people’s courts, arbitration institutions, lawyers and representatives of the business. In November, 2007, the topic team went to France, Britain and Singapore for study. On January 18, 2008, the JRO of the Supreme People’s Court held “Forum on Judicial Reform of the People’s Courts – Seminar on Establishing and Improving Diversified Dispute Settlement Mechanisms”, and the topic team sent members to report the interim progress of the project. At present, the research project has been successfully implemented and finished as scheduled, the achievement of which is the research report.