On September 15th, 2023, “China Arbitration Week- ‘The Belt and Road’ Arbitration Forum: Enterprise ‘Going Out’ and Arbitration and Legal Service ‘Bringing In’” Activity was successfully held in Beijing. This forum was co-hosted by China International Economic and Trade Arbitration Commission (CIETAC), Yingke Law Firm  and Academic Advisory Committee  China Association for Public Companies , and assisted by Yingke International Arbitration and Mediation Research Institute , International Arbitration Research Center  of University of International Business and Economics , ADR and Arbitration Research Institute  of Shanghai University . The forum invited nearly 100 arbitrators, lawyers, scholars and other experts to speak and share the hot issues of arbitration of the Belt and Road Initiative.

 

(Vice President Xie Changqing making the address)

 

During the organizer's speech session, Xie Changqing, Vice President of CIETAC Arbitration Court, said that with the in-depth implementation of the construction of "The Belt and Road Initiative", China enterprises will also face more disputes. The business and lawyer communities need to fully understand the risks in the process of dispute resolution, and strive to determine more favorable arbitration arrangements through negotiation with the enhancement of contract status. More than 60 years since its establishment, CIETAC has made unremitting efforts in optimizing arbitration rules and practices, maintaining the professionalism and internationalization of arbitrators, innovating digital leadership, improving diversified dispute resolution mechanisms, and strengthening international cooperation, and won extensive trust and support from domestic and international arbitration clients. In the future, CIETAC will continue to work together with all circles, closely follow the pace of China’s enterprises going abroad under "The Belt and Road Initiative", and play a more important role in solving the " The Belt and Road Initiative" disputes with high quality.

 

(Mr. Xu Guoxin making the address)

 

Xu Guoxin, Member of the Party Committee and Secretary of the Discipline Inspection Commission of China Association for Public Companies , made a speech. He explained the common problems existing in the dispute resolution of China’s enterprises in the process of "going out" and the challenges of "bringing in" in arbitration and legal services. He said that in the future, China Association for Public Companies will work together with others to improve the efficiency of development, give play to the function of arbitration in the domestic and international business environment, and constantly enhance the international competitiveness and influence of arbitration in China.

 

 

(Ms. Yang Lin making the address)

 

Yang Lin, Founding Partner and Global Partner of Yingke International , Executive Director of Global Board and Executive Director of Yingke International Arbitration and Mediation Research Institute , reviewed the development of Yingke in arbitration and international aspects, and emphasized that arbitration, as an important part of diversified dispute resolution, has far-reaching significance for the prosperity of domestic and foreign trade and investment. She said that in the future, Yingke will continue to combine international vision and local experience, empower China's arbitration with the wisdom of legal persons, show the achievements and features of China arbitration to the world, and provide more enlightenment for the future of international arbitration through professional knowledge.

 

 

(Vice Chairman Yu Jianlong making his keynote speech)

 

In the keynote speech session, Mr. Yu Jianlong, Vice Chairman of China Council for the Promotion of International Trade, reviewed the establishment and development of Arbitration Week. He said that in the past ten years since the "The Belt and Road Initiative" was put forward, the arbitration community in China has made contribution in escorting economic and trade cooperation under "The Belt and Road Initiative", building a "The Belt and Road Initiative" legal think tank, and in-depth implementing "The Belt and Road Initiative" legal cooperation. In the future, the arbitration community in China should continue to strengthen the level of professional legal services, deepen the study of the rule of law, improve the international cooperation mechanism, and better serve China’s enterprises to cooperate with the countries and regions which jointly built "The Belt and Road Initiative" to achieve mutual benefit and win-win results.

 

 

(Professor Shen Sibao making his keynote speech)

 

Professor Shen Sibao, Honorary Director of Yingke Global Board, Director of Yingke International Arbitration and Mediation Research Institute, One of the First Members of International Commercial Experts Committee of Supreme People’s Court of China, and Director of International Economic Law Research Center of China Law Society, put forward his own understandings and opinions on the direction of internationalization and modernization of arbitration in China and the construction of professional arbitration team. He said that China, as the second largest economy in the world, should "drive legal service through business and promote business through legal service" and "bring in" legal services and arbitration with economic strength. In order to achieve this goal, it is necessary to constantly improve China's arbitration legal system, improve the service level of arbitration institutions, train a large number of foreign-related commercial arbitrators and lawyers with professional knowledge, and enhance the exchanges between arbitration, legal professions and enterprises communities.

 

 

(Mr. Hu Zhenjie making the keynote speech)

 

Mr. Hu Zhenjie, Counsel General of China Aluminum International Engineering Company , expressed his views on how to improve China's international arbitration legal system on the basis of People's Republic of China Arbitration Law (Draft for Comment). He pointed out that "foreign-related" in the title of Chapter VII "Special Provisions on Foreign-Related Arbitration" should include the situation that both parties are abroad; the establishment of foreign-related arbitration institutions should have corresponding thresholds; and the provisions on the enforcement of foreign-related arbitration are scattered. He suggested that the provisions related to foreign-related arbitration should be gathered under one chapter, and noted if it is necessary to refer to the provisions of the Civil Procedure Law. He stressed that it is necessary to strengthen supervision over the fairness and rationality of foreign ad hoc arbitration and put an end to possible corruption.

 

 

(The first roundtable discussion: from left to right are Ms. Yang Lin, Mr. Wang Yaoguo, Ms. Qi Lin, Ms. He Jingjing, Mr. Huang Shihan, and Mr. Shen Jian)

 

The first roundtable discussion, with the theme of "Challenges and Countermeasures in International Arbitration", was hosted by Yang Lin, Founding Partner and Global Partner of Yingke International, Executive Director of Global Board and Executive Director of Yingke International Arbitration and Mediation Research Institute. He Jingjing, Researcher of Institute of International Law of Chinese Academy of Social Sciences , Huang Shihan, Lawyer of Yingke Law Firm, Qi Lin, Director of Legal Affairs of NIO Co., Ltd., Shen Jian, Associate Professor of Law School of Central University of Finance and Economics, and Wang Yaoguo, Vice Chairman of Workers’ Rights Protection Committee of China Enterprise Confederation and Chief Editor of Weekly Newspaper of Enterprise Rule of Law Information, respectively discussed the possible risks in international arbitration from aspects of arbitration institutions, seat of arbitration, application ofble law, selection of arbitrators and principles of different arbitration institutions, and put forward corresponding measures to deal with them.

 

 

(The second roundtable discussion: from left to right are Mr. Chen Xiaoyang, Mr. Sun Wenxue, Ms. Yuan Dujuan, Mr. Zhu Yawei, Mr. Fu Jun, and Mr. Tian Shuguang)

 

The second roundtable discussion was hosted by Chen Xiaoyang, Lawyer and Counsel of Yingke International Arbitration and Mediation Research Institute, with the theme of "Crutial Points and Difficulties of China’s Enterprises in International Arbitration". Fu Jun, Professor of International Arbitration Research Center of University of International Business and Economics, Sun Wenxue, General Manager of Legal Compliance Department of China Gold Group (HONG KONG) Co., Ltd., Tian Shuguang, Lawyer of Yingke Law Firm, Yuan Dujuan, Standing Deputy Director of ADR and Arbitration Research Institute of Shanghai University, and Zhu Yawei, Head of International Law Department of Zhengtai International Co., Ltd. , combined with their own work experience, analyzed China's arbitration development on professional issues such as the comparison of domestic and foreign arbitration institutions, fast arbitration procedures, cultivation of arbitration talents, choice of arbitration place and the discovery of evidence in international arbitration, so as to solve the existing cruicial points and difficult problems, and continuously improves the credibility of arbitration with the focus on improving the quality of arbitration.

This forum is of great significance to jointly promote the high-quality development of “The Belt and Road Initiative”, facilitate the development of Chinese arbitration and international arbitration, and encourage international arbitration exchanges and cooperation.

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