On September 8, 2023, the 2023 China Arbitration Week Special Event in Kuala Lumpur, Malaysia “Contemporary International Dispute Resolution Practices: The Role of Asia” International Arbitration Seminar, co-hosted by China International Economic and Trade Arbitration Commission (CIETAC) Hong Kong Arbitration Center and the Asian International Arbitration Centre, was successfully held in the Auditorium of the Asian International Arbitration Centre Theatre. The Seminar was supported by the Associated Chinese Chambers of Commerce and Industry in Malaysia, Asian Institute of Alternative Dispute Resolution, the Chartered Institute of Arbitrators East Asia Branch, the Chartered Institute of Arbitrators Malaysia Branch, the Hong Kong-ASEAN Association, Hong Kong Institute of Arbitrators, Inns of Court Malaysia and The Sabah Law Society. This Seminar is the first event of China Arbitration Week held in Malaysia. Lawyers, corporate counsels, scholars, and others from more than 10 jurisdictions around the world, including the Mainland China, Hong Kong, Macau, Singapore, Malaysia, Indonesia, Philippines, Algeria, Sri Lanka, Myanmar, Laos, and Bangladesh, participated in this Seminar.

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

Wang Chengjie, Vice Chairman and Secretary-General of CIETAC, delivered a welcome speech by video. Secretary-General Wang Chengjie said that with the continuous upgrading of the friendly cooperation between China and ASEAN in recent years, and the increasing volume of transactions, the needs for Chinese and ASEAN enterprises in cross-border dispute resolution have also continued to show a diversified trend. As the most well-known international arbitration brand in China, CIETAC has always maintained a high level of internationalization, and committed to providing fair, impartial and efficient dispute resolution services for commercial entities in China and ASEAN. In 2022, among all the cases handled by CIETAC, 642 were foreign-related cases, and the number of international cases in which both parties were foreign parties increased by 36% year-on-year, involving 83 countries and regions, covering all 10 ASEAN countries.

In particular, Secretary-General Wang Chengjie stressed that in order to benefit all commercial entities in ASEAN and RCEP member states, CIETAC has set up the ASEAN Trial Center in Nanning, Guangxi. In May this year, the first case of CIETAC ASEAN Trial Center was officially heard, which reflects the capability of CIETAC to provide high-quality and efficient dispute resolution services, and the recognition of credibility to commercial entities in this region.

(Dato’ Sundra Rajoo, Director of the Asian International Arbitration Centre, delivered a welcome speech online)

Dato’ Sundra Rajoo, Director of the Asian International Arbitration Centre, delivered a welcome speech online. Director Dato’ Sundra Rajoo pointed out that the Seminar was the first cooperation between CIETAC Hong Kong Arbitration Center and Asian International Arbitration Centre during China Arbitration Week, which is a testament to cooperation spirit between the two sides. Director Dato’ Sundra Rajoo considered that, in a world where culture, legal systems and economic interests are intertwined, dispute resolution is also evolving dynamically. This event was very timely and enlightening, not only conformed to the outlook of Asian entities on international arbitration prospects, but also provided guidance to stakeholders in the arbitration field in Asia-Pacific region.

(From left to right, Mr. Yu Meijian, Dr. Adolf Peter, Mr. Dato’ Nitin Nadkarni, Ms. Xu Kaiyi and Ms. Heather Yee)

The first session of the Seminar with the theme on “ASEAN-China Trade in a Changing Market” was moderated by Yu Meijian, Partner of Shearn Delamore & Co. Dr. Adolf Peter, Professor of Shanghai University of Political Science and Law, Dato’ Nitin Nadkarni, head of the International Arbitration Practice Group at Lee Hishammuddin Allen & Gledhill, Xu Kaiyi, Partner of Stevenson, Wong & Co., and Heather Yu, Assistant Director of Asian International Arbitration Centre, shared and exchanged views on “Opportunities and Challenges Related to ASEAN Transactions”, “Risk Prevention in ASEAN-China Trade”,  “The Enforceability of Multilevel Dispute Resolution clauses” and “Investment Dispute Arbitration Resolution in Asia”.

(From left to right, Mr. Ooi Huey Miin, Mr. Au Jintao, Ms. Huang Chuyin, Mr. Liu Qiao and Mr. Yang Wensheng)

The second session of the Seminar with the theme on “Enhancing Asian Entities’ Capability in Dispute Resolution” was moderated by Ooi Huey Miin, Partner of Raja Darryl & Loh.  Au Jintao, Legal Adviser of CIETAC Hong Kong Arbitration Center, and Huang Chuyin, Head of Legal Unit of Asian International Arbitration Centre, shared their views on the advantages of choosing Hong Kong and Malaysia as the seat of arbitration. Mr. Au Jintao introduced to the guests and audience the unique advantages of CIETAC Hong Kong Arbitration Center as an arbitration institution and Hong Kong as the seat of arbitration in resolving commercial disputes involving China and ASEAN. Parties in an arbitral case administered by CIETAC Hong Kong Arbitration Center may obtain interim relief through the decision of the emergency arbitrator, interim measures issued by the arbitral tribunal, and measures of protection made by the Mainland courts under the Arrangement for Mutual Assistance in Protection of Arbitration Proceedings between the Courts of the Mainland and the Hong Kong Special Administrative Region (the “Protection Arrangement”) to ensure the effective enforcement of the final award. Subsequently, Liu Qiao, Independent Arbitrator, and Yang Wensheng, Partner of LI & PARTNERS, shared their views on the topics of “Cooperation between Chinese Arbitration Institutions and Other Asian Arbitration Institutions” and “Prevention of Construction Disputes” respectively.

The Seminar attracted nearly 700 online and offline participants, and received wide attention and good response from the ASEAN regional dispute resolution market.