On September 12, 2023, 2023 China Arbitration Week Special Event in Haikou and the Seminar on "Dispute Resolution in the Context of RCEP" was successfully held in the Round Hall of Grandall (Hainan) Law Firm.

 

(The scene of the Seminar)

 

The seminar was hosted by China International Economic and Trade Arbitration Commission Hainan Arbitration Center (“CIETAC Hainan Center”), organized by Grandall (Hainan)  Law Firm, and co-organized by China Council for the Promotion of International Trade Hainan Committee (“CCPIT Hainan Committee”).

 

Gu Yan, Vice-President of CIETAC Arbitration Court, delivered a speech for the Seminar. He noted that RCEP is now in full effect for 15 member states, marking a new phase in regional economic integration in the Asia-Pacific region. The implementation of RCEP plays an important role in "stabilizing foreign trade and foreign investment". As an important intersection of China and the RCEP market, Hainan is also seizing the opportunities to fully release the superposition effect of the Free Tradd Port policy. RCEP member states have diverse legal systems and different levels of the rule of law, and in this context, how to build a alternative dispute resolution mechanism that conforms to the characteristics of RCEP member states has become an important issue. Gu Yan further analyzed the characteristics of arbitration and its advantages in resolving RCEP commercial disputes, and briefed on the work of CIETAC and CIETAC Hainan Center.

 

(Gu Yan, delivering the speech)

 

The keynote speech session was moderated by Jiang Dan, CIETAC Arbitrator and Director of Grandall (Hainan) Law Firm. Prof. Qi Tong, an CIETAC Investment Arbitration Arbitrator, Vice President of the Institute of International Law of Wuhan University, and Director of the Oversea Investment Law Research Center of Wuhan University delivered the first keynote speech. He discussed the Cooperation in Commercial Law among RCEP Members from three aspects, namely "Background of Cooperation", "Content of Cooperation", "Opportunities and Challenges". Moreover, he also analyzed the application and significance of international investment arbitration in the context of RCEP by elaborating on the topics of "Investment Arbitration and Case Ekran ", "the Lack of RCEP Investment Chapter and Investment Arbitration Rules", "Settlement of Investment Disputes among RCEP Members".

Kuang Xianming, Vice President of China (Hainan) Institute for Reform and Development and Director of RCEP Research Institute, with the title of “Analysis of the Implementation Trends and Dispute Settlement Mechanisms of RCEP", introduced the "Initial Effect and Basic Trend of RCEP Implementation", "Main Characteristics of RCEP Dispute Settlement Mechanism", "Application of Dispute Settlement Mechanism by RCEP Members", "Challenges of RCEP Dispute Settlement Mechanism", and "Preliminary Thoughts on Optimizing the Dispute Settlement Mechanism of RCEP".

Huang Ningning, CIETAC Arbitrator and the partner of Grandall Law Firm Shanghai Office, shared his views on "Comparison of RCEP and WTO's Opening Commitment", "Rules of the Opening of Legal Service Industry in Hainan Free Trade Port", "Prospect for the Opening of the Legal Service Industry", "Opportunities for Chinese Lawyers", and "Prevention of Legal Risks in Investment and Trade Activities".

 

(From top to bottom, left to right: Jiang Dan, Qitong, Kuang Xianming, Huang Ningning.)

 

During the Q&A session, the speakers answered questions on the legislative issues related to commercial mediation in Hainan Free Trade Port, and how enterprises can seize the time to establish their own compliance systems in the deepening of the "Belt and Road " Initiative and during the implementation of RCEP.

Lv Yan, Deputy Secretary General of CIETAC Hainan Center, delivered the closing speech. She pointed out that the Seminar has provided ideas and insights for Hainan Free Trade Port to optimize the "one-stop" diversified international commercial dispute resolution mechanism and to improve the international first-class business environment. CIETAC Hainan Center will continue to fully inherit and give full play to the more than 60 years of advanced and mature dispute resolution experience and advantages of CIETAC to provide first-class legal services for RCEP-related commercial entities and contribute to building Hainan into an international commercial dispute resolution center for RCEP member states. 

 

(Closing remarks by Lv Yan)

 

Nearly 100 representatives from legal, business and other industries in Hainan, attended the Seminar. Participants said that the Seminar is of great significance for promoting the high-level opening up of Hainan Free Trade Port, enhancing the level of Hainan-ASEAN cooperation in the field of commercial law in the context of RCEP, and effectively preventing legal risks.

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