On September 13, 2021, the fifth “Tang Lecture”, one of the main activities of the China Arbitration Week, organized by China International Economic and Trade Arbitration Committee (CIETAC) was successfully held in Beijing. About twelve thousand audiences from 17 countries and regions participated in the event online. Anna Joubin-Bret, Secretary General of the United Nations Commission on International Trade Law (UNCITRAL), was invited to share the institutional design and experience of the UNCITRAL Model Law (“Model Law”). Wang Chengjie, Vice Chairman and Secretary-General of CIETAC attended the event and delivered a welcome speech. Xie Changqing, Vice President of CIETAC, presided over the event.

(Wang Chengjie, Vice Chairman and Secretary-General of CIETAC is delivering a welcome speech)

Tang Lecture was set up in memory of Tang Houzhi (“Tang”), a critical founder and pioneer of China’s arbitration. The event first played a short video of precious images of Tang’s interviews, work and life, and reviewed the remarkable achievements of Tang’s great efforts in arbitration.

Secretary-general Wang Chengjie pointed out in the opening speech that Tang was deeply missed not only due to his glorious devotion to China’s international arbitration and the development of international arbitration, but also because of the arduous struggle and courage spirit stemming from him and the elder generation. The spirit of scaling new heights impelled the younger generations to work hard and forge ahead. Since its establishment in 2017, Tang Lecture has adhered to the principle of upholding the concept of arbitration, advocating the cultural exchange of international arbitration, promoting the development of international arbitration, and building an international arbitration exchange platform. Tang Lecture has become a crucial platform for arbitration exchanges between China and foreign countries. China is in the process of revising the arbitration Law. The Ministry of Justice officially released the draft of the amendment in July this year. CIETAC has contributed to the enactment of the current Arbitration Law with its insights in the exploration of rules and the accumulation of experience. In the current work of revising the arbitration Law, CIETAC has also organized many experts and professionals and submitted lots of vital opinions and suggestions for revision. Secretary General Anna was specially invited to speak on the Model Law in the hope that the revision of the Arbitration Law could better draw on the examples and essence of international rules.

(Secretary General of UNCITRAL Anna JOUBIN-BRET is delivering keynote speech online)

In her video speech, Secretary General Anna first affirmed the great achievements made by Tang in the field of international arbitration, and briefly introduced the history, purpose and work field of the UNCITRAL. She briefed on the system of commercial arbitration in international commercial dispute resolution and the advantages of the system of party autonomy, high efficiency and neutrality, and expounded the main chapters of the Model law, design of system and its characteristics. Anna especially fully embodied the principles of party autonomy, self-determined jurisdiction, the independence of arbitration agreement and limited intervention on court against the arbitration procedure. The Model Law establishes the basic procedural rights of the parties and provides a legal framework for fair and effective arbitration proceedings. Secretary General Anna also introduced the “Expedited Procedure” recently adopted by UNCITRAL. At present, the Model Law has been adopted by 118 jurisdictions, including 85 countries, and has played an important role in promoting the integration and development of international arbitration and the modernization and unification of arbitration legal systems in various countries. Finally, she expressed her interest in the ongoing work of China on the revision of the Arbitration Law and affirmed the adoption of the Model Law and the core principles and concepts of the international arbitration system. She hoped that the Model Law and other international rules and experiences could contribute to the revision of the Arbitration Law in China.

After the keynote speech, two senior arbitrators of CIETAC, Shen Sibao, Chairman of China International Economic Law Studies Association  and professor of University of International Business and Economics, and Liu Yuwu, Partner of King & Wood Mallesons made comments on the event respectively.

(Shen Sibao, Chairman of China International Economic Law Studies Association and professor of University of International Business and Economics comments on the event)

Professor Shen Sibao said that Tang advocated practice, actively promoted the Eastern experience of “Combination of Arbitration and Mediation", and made great contributions to the modernization of Arbitration in China. UNCITRAL has made unique devotions to international arbitration and the cause of arbitration in all countries. The enactment of the New York Convention and the Model Law facilitated further reform, modernized the arbitration laws and rules of various countries, and strengthened integration of international arbitration. The speech of Secretary General Anna embodied three basic spirits of the Model Law, namely, the integration of party autonomy with the authority of arbitration, minimization of the costs of arbitral dispute resolution (including time, economic and opportunity costs), and the empowerment of the arbitral tribunal with a wide range of discretionary decisions, which are worthy to learn and refer in the process of the revision of arbitration law.

(Liu Yuwu, Partner of King & Wood Mallesons comments on the event)

Liu Yuwu first reviewed the time working with Tang and expressed deep admiration for Tang's exquisite working capacity and integrity. On the basis of the trend towards convergence and unification of the world in arbitration practice and system combining with his experience in domestic and international arbitration, Liu suggested the fully adoption and usage of the Model Law in the field of foreign-related arbitration during the revision of the Arbitration Law. He also proposed to respect party autonomy comprehensively, leave wider space for autonomy for the parties and the arbitral tribunal, maintain stronger innovation consciousness and courage to meet international standards in legislative thoughts and specific system design.

(Xie Changqing, Vice President of CIETAC Arbitration Court presided over the event and made summary on the event)

At last, Xie Changqing, Vice President of CIETAC Arbitration Court appreciated all the distinguished guests for their wonderful sharing and pointed out that the promulgation and wide application of the Model Law has greatly promoted the convergence and unification of international arbitration, legal systems and arbitration procedures of various countries. After decades of development, Arbitration in China has gained more and more recognition from the international arbitration community and the vast majority of international arbitration users. In the future, China will seek further development, profound accumulation, integrate with the world based on national conditions in the revision of its Arbitration Law and combine the Model Law and Chinese experience in line with the world. We are on the mission to inherit the spirit of unremitting efforts of Tang. CIETAC is willing to work together with colleagues in the global arbitration industry to deepen exchanges and communications and endeavor to make prominent contributions to the steady and long-term development of international arbitration.