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The Mediation Center co-organized and participated in the theme salon "Revision of the Arbitration Law and the New Development of China's Arbitration-The Reform and Prospect of the Arbitration System"

The Mediation Center co-organized and participated in the theme salon "Revision of the Arbitration Law and the New Development of China's Arbitration-The Reform and Prospect of the Arbitration System"

  • Categories:News
  • Time of issue:1629702645000

The Mediation Center co-organized and participated in the theme salon "Revision of the Arbitration Law and the New Development of China's Arbitration-The Reform and Prospect of the Arbitration System"

  • Categories:News
  • Time of issue:2021-08-23 15:10

On August 20, 2021, initiated by the Guangdong-Hong Kong-Macao Arbitrators Liaison Office of the Hainan International Arbitration Court, the arbitration law revision co-organized by the Beijing Arbitrators Liaison Office of the Hainan International Arbitration Court, Shenzhen Qianhai International Commercial Mediation Center, and Guangdong Guanghe Law Firm And China's new development of arbitration-the theme salon on arbitration system reform and prospects was successfully held in Shenzhen. The theme salon was conducted in a combined online and offline manner, and was presided over by Wang Biyu, deputy director of the Guangdong-Hong Kong-Macao Arbitrator Liaison Office of the Hainan International Arbitration Court.

Wen Guihe, Chairman of the Board of Supervisors of the Mediation Center, Zhu Hong, Executive Chairman and Secretary-General of the Mediation Center, and Dr. He Shukui, mediator of the Mediation Center, attended the meeting and delivered wonderful speeches.

Director Tong Xin, chief partner of Guangdong Guanghe Law Firm, gave a speech first. He welcomed all colleagues to participate in this theme salon through online and offline methods. Guanghe Law Firm will do its best to ensure the conference affairs and hope that everyone will pass this time. The activity has been rewarded, and I wish this activity a success.

Professor Du Xinli, Dean and Professor of the Arbitration Research Institute of China University of Political Science and Law, shared and interpreted the provisions on foreign-related arbitration in this revision of the Arbitration Law. She said that the foreign-related arbitration provisions are in line with the existing international rules and systems, but still need Attention should be paid to issues in the practical application of the identification of foreign-related, the scope of adjustment of the arbitration law, the application of the law of the arbitration agreement and the place of arbitration, and ad hoc arbitration.

Yao Junyi, director of the Institute of Arbitration of the China International Economic and Trade Arbitration Commission and Secretary-General of the Hubei Branch, pointed out that the "Draft for Comments" introduced international arbitration concepts such as the list of recommended arbitrators, the seat of arbitration, ad hoc arbitration, and interim measures, and summarized the development of arbitration in my country. More than ten years of experience and issues, especially the organizational structure of arbitration institutions and arbitration associations, have made some necessary regulations, which are of positive significance to the development of arbitration. He put forward his opinions and suggestions on arbitration supervision, the nature of arbitration institutions, arbitration agreements, arbitration execution, and arbitration fees.

Mao Xiaofei, associate researcher of the Institute of International Law of the Chinese Academy of Social Sciences and deputy director of the Research Center for Foreign-related Rule of Law, said that the revision of the "Arbitration Law" needs to create institutional space for the reform and development of China's arbitration institutions. She proposed to clarify the specific category name of the arbitration institution as a "non-profit legal person", clarify the nature and supervision of the state-owned assets of the arbitration institution, clarify the institution's fees as "operating service fees", and clarify the arbitration institution reforms such as preferential tax policies for arbitration institutions Suggestions.

Xiong Daikun, deputy director of the Hong Kong, Macao, Taiwan and Foreign Affairs Committee of the Guangdong Lawyers Association and director of the International Business Committee of Guangdong Guanghe Law Firm, pointed out that the "Draft for Comments" draws on some achievements of the internationally accepted model law, such as the addition of temporary measures and emergency arbitration. The membership system has filled the gaps in my countrys arbitration law. She said that the concept of foreign affairs should be further clarified, and the practice of investment arbitration, sports arbitration, and ad hoc arbitration are also issues that require further consideration.

Xu Sanqiao, a partner of Beijing Jingtian & Gongcheng (Shenzhen) Law Firm, made suggestions. First, the "Arbitration Law" should be revised based on the "United Nations Commission on International Trade Law Model Law on Commercial Arbitration" to make China a model country. . The second is that the arbitration procedure should not be prescribed in too much detail in order to facilitate the innovation of the arbitration institution. The third is that the "Arbitration Law" should formulate a supplementary table in the supplementary provisions to clarify the mandatory and arbitrary provisions in order to simplify the legislative language and reduce the resulting disputes.

Li Huanjiang, member of the Macau Basic Law Committee of the Standing Committee of the National Peoples Congress, chairman of the Macau Law Association, and director of the Guangdong Province Guangdong-Hong Kong-Macao Cooperation Promotion Association Legal Professional Committee, Li Huanjiang, put forward his own views on the handling of unclear arbitration clauses. He suggested that the arbitration clauses When it is not clear, a clearer and more detailed handling plan should be stipulated to avoid a lot of waste of procedures and increase the cost of rights protection for the parties. At the same time, it is proposed that the provisions of the Macao Arbitration Law can be used to allow the parties to agree to appeal to other arbitral tribunals before the arbitration award is made.

He Shukui, co-founder of Beijing Jingshi (Shenzhen) Law Firm, shared the issue of judicial review of arbitration mediation documents. He suggested that this "Arbitration Law" amend the arbitration mediation documents and based on the settlement agreement and mediation agreement between the parties. It should be clearly stipulated whether the arbitration award made applies to the circumstances of applying for cancellation of the award and whether to apply the "non-confirmed execution" system.

Han Zhongjie, Associate Professor of Dongguan University of Technology, Executive Vice President of Dongguan Trademark and Brand Research Institute, and Dean of Hezhi United Business School, Han Zhongjie. Relevant regulations such as signatures are insufficient and should be strengthened.

Wang Jing, chairman of the board of directors of Guangdong Guangyue Law Firm and director of the All-China Lawyers Association's Maritime and Maritime Professional Committee, focused on issues that need to be paid attention to in practice, such as the place of arbitration, the validity of the arbitration agreement, the jurisdiction of arbitration, and the composition of the arbitration tribunal.

Zhao Lei, associate professor of South China Agricultural University, a distinguished researcher of the Arbitration Institute of China University of Political Science and Law, and an international researcher of the U.S. Judicial Arbitration and Mediation Legal Services Corporation, believes that a system that follows the law of dispute resolution development, meets the dispute resolution market and the needs of the parties, and conforms to the spirit of the digital age should be formulated Reform and modernize the arbitration law. She expressed her unique insights on how to scientifically design the Chinese arbitration system to achieve diversification, internationalization and technology.

Zhu Hong, Executive Chairman of Shenzhen Qianhai International Commercial Mediation Center and Secretary-General of the Council, shared the concept of mediation, saying that mediation is well before the dispute resolution mechanism, focusing on the application of the combination of mediation and mediation in practice.

Wen Guihe, chairman of the supervisory board of the Shenzhen Qianhai International Commercial Mediation Center and deputy secretary general of the Qianhai Belt and Road Legal Service Federation, said that mediation and arbitration should flow in both directions, and the existing system design cannot completely solve the problem of separation of mediation and mediation. He proposed that the status of mediation institutions should be further clarified, and a team of professional mediators should be organized to efficiently connect with arbitration institutions in order to save time and money costs for procedural exchanges.

Zhong Cheng, associate professor of Shenzhen Vocational and Technical College and deputy director of the Institute of Real Estate Economics and Policy, expressed his opinions on the identity of arbitrators, the collection of evidence by the arbitration tribunal, and court assistance. A good grasp of the relationship between one's own job and arbitration work, it is recommended that the Arbitration Law make clearer provisions on the identity of arbitrators to ensure the fairness of arbitration.

Wu Jianping, a senior lawyer of Beijing Jingshi (Shenzhen) Law Firm, said that the "Draft for Solicitation of Comments" is advancing with the times and reflects the innovation and development of the "Arbitration Law". Based on his rich practical experience, he put forward clear and specific opinions and suggestions on the types of arbitrable cases.

Liu Jia, a senior partner of Tahota (Shenzhen) Law Firm, shared suggestions on the improvement and revision of judicial supervision, taking the re-arbitration in the dismissal as an example. She said that this amendment to the "Arbitration Law" reflects the legislator's pursuit of fairness and efficiency, and maintains the finality of arbitration. The content of the provisions is framework and principled, and specific operational issues still need to be further clarified and detailed.

Finally, Huang Yibo, Director of the Guangdong-Hong Kong-Macao Arbitrator Liaison Office of the Hainan International Arbitration Court, made a summary of the salon. He expressed his gratitude to the co-organizers and all guests for their strong support. The research results of this salon help us to further understand the arbitration system. Arbitration methods for dispute resolution have more prospects.

Nearly a hundred arbitrators participated in this theme salon event online and offline. This salon event was rich in content and full of dry goods. The speeches of the expert arbitrators were both ideological and theoretical. It was a spiritual feast.

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