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中国国际经济贸易仲裁委员会
CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION

On December 16, 2024, the first International Arbitration Seminar, co-hosted by the China International Economic and Trade Arbitration Commission (“CIETAC”) Hong Kong Arbitration Center and the Borneo International Centre for Arbitration and Mediation (“BICAM”), was successfully held in Kota Kinabalu, Malaysia. The event attracted dozens of representatives from chambers of commerce, lawyers, judges, arbitrators, and other professionals from Malaysia, Brunei, Indonesia, Russia, Vietnam, Australia, Chinese mainland, and Hong Kong.

 

(Wang Chengjie, Vice Chairman and Secretary General of CIETAC , delivering the opening speech)

 

Wang Chengjie, Vice Chairman and Secretary General of CIETAC, delivered the opening speech at the Seminar. He noted that China has maintained its position as Malaysia’s largest trading partner for 15 consecutive years. In the context of numerous Chinese-funded enterprises undertaking Belt and Road construction projects in Sabah, arbitration, as an internationally recognized dispute resolution mechanism, offers an ideal solution for cross-border disputes between Chinese and Malaysian businesses. Over the past five years, the number of cases involving Malaysian parties handled by CIETAC has steadily increased, and these disputes cover a wide range of areas, including sales contract disputes, service contract disputes, construction project disputes, and corporate governance issues. Wang Chengjie emphasized that 2024 marks the 50th anniversary of diplomatic relations between China and Malaysia. Not only are economic and trade exchanges between the two countries thriving, but cooperation and interaction between arbitration institutions in China and Malaysia, represented by CIETAC and BICAM, are also becoming more frequent, providing stronger support for bilateral trade and economic relations.

 

(Wang Haocheng, Deputy Secretary General of CIETAC Hong Kong Arbitration Center , delivering keynote speech online)

 

(Francis Xavier, Rajah & Tann Singapore LLP’s Regional Head of Disputes Group , delivering keynote speech online)

 

During the seminar’s keynote session, Wang Haocheng, Deputy Secretary General of CIETAC Hong Kong Arbitration Center, analyzed how innovative mechanisms in the CIETAC  Arbitration Rules 2024—such as digitization of arbitration procedures, early dismissal, and consolidated arbitration of multiple contracts—better address the dispute resolution needs of both Chinese and foreign parties. He also highlighted CIETAC's neutrality, efficiency, flexibility, and cost-effectiveness, drawing on nearly 70 years of accumulated international arbitration management experience and practice. Francis Xavier, Rajah & Tann Singapore LLP’s Regional Head of Disputes Group, focused on comparing the early dismissal, interim measures, and emergency arbitrator provisions under the ICC Arbitration Rules , BICAM Arbitration Rules , and the Singapore International Arbitration Centre (SIAC) Rules , exploring their similarities and differences.

 

[From left to right: Dr. Melissa Chia, Special Assistant to the Chief Judge of Sabah and Sarawak, Malaysia; Dato’ Mary Lim Thiam Suan, Director of the Asian International Arbitration Centre and former Judge of the Federal Court of Malaysia ; Ou Jintao, Counsel of CIETAC Hong Kong Arbitration Center ; Elijah Putilin, Independent Arbitrator (access the Seminar online)]

 

The panel discussion session of the Seminar was moderated by Dr. Melissa Chia, Special Assistant to the Chief Judge of Sabah and Sarawak, Malaysia. Dato’ Mary Lim Thiam Suan, Director of the Asian International Arbitration Centre and former Judge of the Federal Court of Malaysia, Ou Jintao, Counsel of CIETAC Hong Kong Arbitration Center, and Elijah Putilin, Independent Arbitrator, respectively provided an introduction to the arbitration systems in Malaysia, Chinese mainland, Hong Kong, and Russia. They specifically discussed the differences and similarities in the provisions on interim measures across the four jurisdictions. Ou Jintao also highlighted the practical application of CIETAC's emergency arbitrator procedures and the latest practices of the “Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region ” at the CIETAC Hong Kong Arbitration Center.

 

 

Datuk’ David Wong Dak Wah , Chairman of BICAM, delivered the closing speech at the Seminar. He pointed out that the Seminar provided valuable insights for businesses in Sabah and expressed his anticipation for continued and expanded collaboration between BICAM and CIETAC in the future.

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