September 2, 2022 at 9:30 am Beijing time, September 1, 2022 at 6:30 pm Vancouver time, “Sino-Canada International Arbitration Hotspot Seminar - The Enforcement of Arbitration Agreement and the Impact of Sanctions on International Arbitration” was successfully held online by China International Economic and Trade Arbitration Commission (“CIETAC”) and Vancouver Maritime Arbitrators Association (“VMAA”) , and co-organized by CIETAC North American Arbitration Center.

The seminar was chaired by Liang Hua, Executive Vice Chairman of VMAA.  Mr. Wang Chengjie, Vice-Chairman and Secretary-General of CIETAC, delivered an opening speech. He extended a warm welcome to the guests and expressed his gratitude to the VMAA, one of the organizers of the seminar. China and Canada enjoy a time-honored friendship, the bilateral trade volume between the two countries has grown steadily and the exchanges in the fields of law and culture are very close. In 2018, CIETAC established the CIETAC North American Arbitration Center in Vancouver, marking a historic step for Chinese arbitration institutions to deploy abroad and serve the world. Since its establishment, CIETAC North America Arbitration Center has been committed to promoting legal exchanges between China and Canada, and strives to provide fair, professional, convenient and efficient arbitration legal services for parties in Canada, North America and around the world. CIETAC has so far handled nearly 200 cases involving Canadian parties, with a disputed amount of nearly RMB 5 billion. He pointed out that CIETAC is committed to strengthening international cooperation and legal and cultural exchanges between China and the West. CIETAC has established cooperative relations with more than 100 countries including Canada, and strives to build itself into an international arbitration highland with global influence. In the future, CIETAC is willing to work together with the Canadian legal community to jointly devote itself to the development and prosperity of international arbitration.

(Wang Chengjie, Vice-Chairman and Secretary-General of CIETAC)

Mr. Peter Swanson, Arbitrator and Founding Partner of Bernard LLP, delivered a speech on “Enforcement of Arbitration Agreements in Canadian Courts: Case Study of an Odd Case under Section 46 of the Maritime Liability Act”. He introduced the evolution of the enforcement of arbitration agreements by Canadian courts, discussed the impact of Article 46 of the Maritime Liability Act on the enforceability of arbitration agreements, and explained the practice of Canadian courts in implementing the Model Law.

Dr. Zhang Yulin, Arbitrator and Director of Beijing Linli Law Office, shared the issue of recognition and enforcement of non-domestic arbitration agreements in China. Through detailed and rich case analysis, Dr. Zhang Yulin discussed issues such as legal application, institution selection and jurisdiction. He first distinguished three forms of arbitration in the context of Chinese arbitration law, namely foreign arbitration, foreign-related arbitration, and domestic arbitration. He also analyzed the concept of non-domestic arbitration agreement, and discussed the application of Chinese and foreign laws when the parties choose a foreign arbitration institution, but the place of arbitration is in Shanghai, China, based on the latest domestic and international cases.

Mr. JJ Mclntyre, Chairman of VMAA, discussed the impact of sanctions on international arbitration, and he explained the differences in the application of laws in different parts of Canada in the face of sanctions. Quebec is a civil law jurisdiction, and its civil code has a Force Majeure Law, and the law of the common law jurisdiction is subject to exemption in the event of contractual frustration and the contract cannot be performed. He also pointed out that arbitrators now need to pay attention to retrieving whether the related entity is sanctioned. It is a new challenge for international arbitration.

Mr. Gu Jia, Partner of Jun He Law Office, discussed the impact of sanctions on international arbitration from the perspective of China. He noted that sanctions could lead to disruptions in international trade and the flow of goods, which raises legal issues related to international trade and transport company deliveries, international payments, contract performance. In response to the possible risks in the practice of Chinese enterprises, he reminded the parties to pay attention to the predictability issues and the application of the principle of fairness in the contract related to sanctions.

(From left to right, top to bottom: Ms. Liang Hua, Executive Vice Chairman of VMAA, Mr. Peter Swanson, Arbitrator and Founding Partner of Bernard LLP, Mr. Zhang Yulin, Arbitrator and Director of Beijing Linli Law Office, Mr. JJ Mclntyre, Chairman of VMAA, Mr. Gu Jia , Partner of Jun He Law Office)

At the end of the seminar, Mr. Mclntyre, Chairman of the VMAA, delivered a closing speech. He expressed his gratitude to all the speakers and participants, and pointed out that in the world with increasingly frequent sanctions, communication among colleagues in the international arbitration community helps to promote mutual understanding and it is crucial to the development of global dispute resolution. The seminar ended successfully, and the participants from all walks of life who were concerned about the development of arbitration and international exchanges responded enthusiastically, and gained a lot from the seminar.