From December 15 to 16, China International Economic and Trade Arbitration Commission (hereinafter referred to as "CIETAC") successfully held the 2023 Seminar for Some Arbitrators, which was the first seminar for partial arbitrators after the transition of the three-year epidemic prevention and control, and received positive response from arbitrators, with a total number of 406 arbitrators attending the seminar, 248 of which attended the seminar at the main venue in Beijing and 158 arbitrators attended the seminar at Sub-Commissions/arbitration centers of CIETAC. This seminar is the largest in scale and most extensive in coverage among all the arbitrators' meetings ever held by CIETAC.

 

(Main and parallel sessions of the Conference)

 

Mr. Wang Chengjie, Deputy Director and Secretary-General of CIETAC, delivered an important speech at the opening ceremony. He pointed out that this conference is an important conference held in the context of implementing the new policies, concepts and tasks of the Party and the State for arbitration work in the new period, and carrying out the new requirements of the Party Organization of CCPIT on strengthening the construction of arbitrators' team. It is also a conference of practical significance in the new journey of high-quality development of CIETAC centering on the goal of building an international first-class arbitration institution. Focusing on the theme of " Establishing a world-class arbitration institution, developing a world-class team of arbitrators ", Mr. Wang exchanged views and put forward requirements from four aspects, namely, the work of CIETAC in recent years, the current situation and tasks, the main problems in reality, as well as the new requirements for arbitrators to perform their duties in the new period. He emphasized that the CPC Central Committee and the State Council attached great importance to arbitration work, and as a pioneer and leader of China's arbitration cause, a leading domestic and internationally renowned arbitration institution, CIETAC should have a more systematic perspective, and play a greater role in the overall situation by promoting the construction of a market-oriented, rule of law-oriented and internationalized first-class business environment, advancing the construction of China under the rule of law, and building the " Belt and Road Initiative " in a high-quality manner. He said that the work of CIETAC in recent years has been a great success and that CIETAC has been playing a greater role in the overall situation.  He said that CIETAC has made outstanding achievements in recent years, featuring an increase in quantity and quality of accepted cases, continuous optimization of structure, enhanced internationalization and remarkable improvement of international credibility. Focusing on the goal of building an international first-class arbitration institution, CIETAC has taken multiple measures to comprehensively strengthen the system construction、team construction、sub-commission construction and information construction, consistently maintain the advanced nature of arbitration rules, build a multi-disputes resolution service pattern in all aspects, and comprehensively enhance the effectiveness of governance. With regard to the specific problems arising from the performance of arbitrators, he emphasized that the arbitrators should strictly abide by the principles of integrity and honesty, independence and impartiality, and diligence. It is necessary for arbitrators to implement the system of responsibility of the arbitral tribunal, accurately grasp the 2024 version of the Arbitration Rules, strictly abide by the Code of Arbitrators and the Regulations on the Examination of the Behavior of Arbitrators, and thus correctly deal with the relationship between the arbitral tribunal and the arbitration institution, the relationships between the members of the arbitral tribunal and between the arbitrators and the agents (parties). Moreover, arbitrators should, appropriately deal with assorted cases and related cases, cases involving "non bis in idem", and sensitive issues related to the cases, endeavoring to achieve a good effect of the arbitral awards.

 

(Mr. Wang Chengjie, Deputy Director and Secretary-General of CIETAC, delivered an important opening speech.)

 

Mr. Zou Yonggui, Deputy Secretary of the Party Committee and Secretary of the Discipline Inspection Committee of CIETAC, made a special speech on the professional conduct of arbitrators. He emphasized that arbitrators, a vital force in the comprehensive governance of the country by law in the new era, should adhere to the bottom line of law and discipline and morality. He stressed that arbitrators should strictly abide by the Code of Conduct for Arbitrators, the Provisions on the Examination of the Behavior of Arbitrators and other management systems, to uphold independence and impartiality, demonstrate dedication and professionalism, adhere to standards and efficiency, and remain clean and upright.

 

 

(Mr. Zou Yonggui, Deputy Secretary of the Party Committee and Secretary of the Discipline Inspection Committee, delivered a special speech.)

 

Mr. Ma Jun, Director of the Civil and Commercial Trial Division of the Beijing Municipal No. 4 Intermediate People's Court (Beijing International Commercial Court), gave a lecture on the practical aspect of judicial review of arbitral awards. Based on years of practical experience in judicial review of arbitral awards, he gave a detailed explanation on ten aspects, including the scope of setting aside arbitral awards, the validity of the arbitration agreement, arbitrability, statutory procedures, challenge and disclosure of arbitrators, service, other grounds for setting aside an award, third-party funding, re-arbitration and finalization of an award, etc.The lecture is comprehensive, systematic and in-depth, and is of great significance to the arbitrators for improving their case adjudication skills.

 

(Mr. Ma Jun, Director of the Civil and Commercial Trial Division of No.4 Intermediate People's Court of Beijing Municipal (Beijing International Commercial Court), gave a monographic lecture.)

 

Ms. Qu Zhujun, former Director of the Committee Office Affair Department of CIETAC, gave a monographic lecture on the new version of the Arbitration Rules of the CIETAC. She systematically explained the purpose and principles of the revision of the new version of the Arbitration Rules, and gave a detailed interpretation on the understanding and application of the key revised contents. Ms. Xie Changqing, Vice President of the Arbitration Court of CIETAC, pointed out in her comments the matters that arbitrators should pay special attention to handling cases, and put forward the requirements that arbitrators should master the new version of the Arbitration Rules as soon as possible.

 

(Ms. Qu Zhujun, Former Director of the Working Division of CIETAC, gave a monographic lecture.)

 

The Conference held seminars on the topics of "Hearing of Similar Cases and Related Cases" and "Recognition of non bis in idem ". Ms. Xie Changqing, Vice-President of CIETAC Arbitration Court, presided over the session of sharing experience in the hearing of class and related cases. Mr. Lin Wenbiao, Judge of the Case-Filing Division of the Beijing Financial Court shared the Court's understanding and handling of " uniform judgment in similar cases", and made suggestions on how to appropriately handle class and related cases in arbitration. Mr. Li Hongji, Arbitrator of CIETAC, analyzed the core of the hearing of similar and related cases and its impact, and summarized the hearing experience. Mr. Song Lianbin, Arbitrator of CIETAC analyzed the concept of "similar and related cases" and the issues to be noted from a doctrinal point of view. Ms. Xie Changqing, Vice President of CIETAC Arbitration Court, explained CIETAC's approach to handling class and related cases, and reminded arbitrators to pay attention to the identification and proper handling of such cases.

 

(First seminar session)

 

Mr. Gu Yan, Vice-President of CIETAC Arbitration Court, presided over the seminar on identifying and dealing with the issue of "non bis in idem". Ms. Tao Zhirong, Judge of the Second Civil Division of the High People’s Court of Beijing Municipal made a keynote speech on how to correctly apply and understand the issue of "non bis in idem" in judicial practice, summarizing the identification criteria of "non bis in idem", the relevant rules of the hearing practice as well as the difficult issues in the handling. Ms. Liu Jing, an Arbitrator, gave a detailed explanation on the prohibition of duplicative arbitration, the risk of "finalization of arbitration" and " non bis in idem ". Mr. Dong Chungang, an Arbitrator, explained the "non bis in idem" rule in common law, civil law and international investment arbitration through cases. Ms. Fu Yulin, an Arbitrator analyzed the similarities and differences between "non bis in idem" in litigation and arbitration from a theoretical point of view and clarified common misconceptions regarding the "non bis in idem" principle.

 

(Second seminar session)

 

The Guidelines on Evidence represents the distinctive and highlighted feature of the revision of the 2024 version of the Arbitration Rules, which aims to help parties, lawyers and arbitral tribunals to deal with the evidence issues more effectively in arbitration, and to emphasize the professionalism and transparency of the arbitration of CIETAC. The conference specially invited Arbitrator Mr. Lu Song, the main author of the new version of the the Guidelines on Evidence , to give a detailed explanation on the understanding and specific application of the Guidelines on Evidence.

 

(Arbitrator Mr. Lu Song explains new version of The Guidelines on Evidence)

 

The conference featured a session on practical case-handling experience sharing, in which arbitrators Mr. Zhang Zheng, Ms. Qi Lihua, Mr. Zhao Jian, Mr. Zhao Hang and Mr. Che Pizhao shared their experiences in handling cases in an efficient manner respectively. Arbitrator Mr. Zhang Zheng presided over this session and shared his experience on how to effectively manage the relationship between arbitrators and arbitration institutions. Arbitrator Ms. Qi Lihua shared her experience on the preparation for hearings, hearing arrangements and considerations. Arbitrator Mr. Zhao Jian made suggestions on efficiently arranging arbitration procedures for different types of cases. Arbitrator Mr. Zhao Hang shared his experience on handling expert opinions and efficiently promoting appraisals. Arbitrator Mr. Che Pizhao shared his experience in completing the writing of the award with high efficiency and high quality. Mr. Wang Chengjie, Deputy Director and Secretary General of CIETAC, combined the content of this session and re-emphasized the need to correctly understand the relationship between arbitral tribunals and arbitral institutions, the duties of arbitral tribunals (arbitrators), and the new requirements for arbitrators in the new period from the perspectives of service, management, supervision, and so on.

 

(Experience-sharing session on case-handling practices)

 

Group discussions were also organized during the conference. Focusing on the themes of building an international first-class arbitration institution and a world-class team of arbitrators, the participating arbitrators of CIETAC and Sub-Commissions of CIETAC/arbitration centers expressed their opinions, and actively offered  suggestions on the management of arbitration procedures, the quality and efficiency of arbitral awards, the construction of information technology and the development of arbitration career, etc., contributing their wisdom to the development of the cause of CIETAC.

 

(breakout session)

 

In the closing session, Mr. Xu Yanbo, Secretary of the Party Committee and Deputy Secretary-General of CIETAC, made a concluding speech. He fully affirmed the results of this conference, emphasized that a first-class arbitration institution should have first-class arbitrators, and arbitrators should adhere to independence and impartiality, handle each arbitration case effectively, strictly and the disciplinary provisions, abide by the professional conduct, and maintain close communication with the institution, deepen exchanges and cooperation, and jointly create a healthy environment for arbitration practice.

 

(Concluding remarks by Mr. Xu Yanbo, Secretary of the Party Committee and Deputy Secretary-General of CIETAC)

 

This seminar is rich in content, warm in atmosphere and remarkable in results. The serious thinking and sincere exchanges among the participating arbitrators will certainly play a positive role in strengthening the construction of the team of arbitrators of CIETAC and promoting the development of CIETAC and the cause of arbitration.

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