On September 18, 2023, the Singapore special seminar of China Arbitration Week 2023 with the theme of “Practical Experience in Drafting Dispute Resolution Clauses: Characteristics of Hong Kong and Singapore” (hereinafter referred to as “the Seminar”) was successfully held. The Seminar was co-organized by China International Economic and Trade Arbitration Commission (CIETAC) Hong Kong Arbitration Center and Singapore LVM Chambers, and supported by the Hong Kong Institute of Arbitrators and the Singapore Institute of Arbitrators, attracting more than 600 views from professionals such as lawyers, in-house counsels, scholars and arbitrators from over 10 jurisdictions including Singapore, Malaysia, the Philippines, Myanmar, Australia, Germany, India, mainland China, Hong Kong, China and Macau, China, etc. 

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

Mr. Wang Chengjie, Vice Chairman and Secretary General of CIETAC, delivered a welcome speech for the Seminar. Secretary General Wang said that China and Singapore were close neighbors, and economic and trade ties between the two countries continued to deepen, the demand for dispute resolution among the entities in economic and trade cooperation had been growing. Over the past 60 years, CIETAC has properly handled nearly 60,000 commercial arbitration cases which mainly involve foreign-related disputes, covering more than 150 countries and regions. The arbitral awards has been widely recognized and enforced around the world, including the common law countries such as Singapore, the United States, the United Kingdom and Australia. Combined with CIETAC's case data, Mr. Wang shared the situation of cases with high amount in dispute and the complex cases managed by CIETAC in recent years.

When sharing examples of Singapore courts in recognizing and enforcing CIETAC arbitral awards, Secretary General Wang stressed the importance of drafting normative arbitration clauses. Secretary General Wang pointed out that new demands for arbitration were emerging in an endless stream, but standardized arbitration clauses were the basis for effective dispute resolution through arbitration. From the perspective of lawyers, arbitrators, arbitration institutions and corporate in-house counsels, the Seminar provided quite meaningful experience for practitioners in the field of dispute resolution both in China and Singapore.

 (From top to bottom: Ms. Lv Lingling and Mr.Lok Vi Ming S.C.)

In the first keynote session of the Seminar entitled "Considerations in Drafting a Dispute Resolution Clause", Mr. Lok Vi Ming S.C., Co-managing Partner of Singapore LVM Chambers and arbitrator of CIETAC, presented the advantages and potential risks of multi-tiered dispute resolution clauses and the special considerations in drafting an effective multi-tiered dispute resolution clause. Mr. Lok also introduced the potential impact of the Singapore Convention on Mediation on the "arbitration-mediation-arbitration" clause agreed by enterprises. Subsequently, Ms. Lv Lingling, General Counsel of a listed company in the field of Singapore airlines discussed topics such as the considerations of enterprises in the drafting and negotiation of dispute resolution clauses with Mr. Lok. 

(From top to bottom: Mr. Wang Haocheng and Mr. Michael Hwang S.C.)

In the second keynote session of the Seminar entitled "Multi-Tiered Dispute Resolution Provision and its Implications", Mr. Wang Haocheng, Deputy Secretary General of CIETAC Hong Kong Arbitration Center, used the data to show the characteristics of short time in case management of CIETAC Hong Kong Arbitration Center, low cost and diversified arbitrator team combined with CIETAC Hong Kong Arbitration Centre's recently updated Data Report on Duration, Fees, Arbitrators and Emergency Arbitrators. In combination with CIETAC Hong Kong Arbitration Center's model arbitration clauses, Wang analyzed the issues that commercial entities should pay attention to when drafting dispute resolution clauses. In addition, Wang also shared the practical experience of combining arbitration and mediation on the basis of Article 47 of the prevailing Arbitration Rules of CIETAC and relevant cases. Based on the actual cases, Mr. Michael Hwang S.C., an arbitrator of CIETAC, also shared the application and practical significance of multi-tier dispute resolution clauses in Singapore, the United Kingdom and Hong Kong, China, and provided practical suggestions for arbitration practitioners on how to draft dispute resolution clauses.

(From left to right and top to bottom: Mr. Lok Vi Ming SC, Ms. Lv Lingling, Mr. Wang Haocheng, Mr. Michael Hwang S.C., Ms. Huang Huixian, and Ms. Xia Jingjie)

The panel discussion session was moderated by Ms. Huang Huixian, Associate Director of Singapore LVM Chambers. The participants exchanged views on such topics as "how to advise the parties to abide by the negotiation or mediation before arbitration proceedings" and "the differences in views and practices of arbitrators who serve as mediators in different jurisdictions when arbitration and mediation are combined". The Seminar was moderated by Ms. Xia Jingjie, Assistant Legal Counsel of CIETAC Hong Kong Arbitration Center.