On 20 September 2024, the International Arbitration Seminar on “Elevating Asian Arbitration: The Latest Practice and Prospect in International Arbitration in China and Malaysia” was successfully held at Asia International Arbitration Centre (AIAC) in Kuala Lumpur, Malaysia, during 2024 China Arbitration Week, which was jointly organized by China International Economic and Trade Arbitration Commission (CIETAC) Hong Kong Arbitration Center and AIAC. The seminar marks the second consecutive occurrence of the China Arbitration Week series events coming to Malaysia. Nearly 200 lawyers, legal practitioners and academics from over 10 jurisdictions worldwide, including Mainland China, Hong Kong, Singapore, Malaysia, Indonesia, South Korea, France, Nepal, Myanmar, Laos and the United Kingdom, have registered to participate.

(Wang Chengjie, Vice Chairman and Secretary General of CIETAC, delivered the opening speech)

Secretary General Wang said that following the friendly cooperation between the 11th China Arbitration Week and AIAC, China Arbitration Week has once again come to Malaysia to promote cultural exchanges between China and Malaysia in the field of dispute resolution. Over the past five years, CIETAC has received a year-on-year increase in the number of cases involving Malaysian parties, with the types of disputes covering a wide range of important areas such as sale and purchase contract disputes, service contract disputes, construction project disputes, and corporate governance. He particularly mentioned that this event coincides with the 50th anniversary of the establishment of diplomatic relations between China and Malaysia, and that the economic and trade exchanges between China and Malaysia have been frequent, improved and upgraded. CIETAC, as the most well-known brand of international arbitration in China, has always maintained a high level of internationalization, providing fair, impartial and efficient dispute resolution services for China, Malaysia and other ASEAN commercial entities.

(Opening speech by Dato' Amarina Sharmila, Chief Executive Officer of AIAC)

Ms. Amarina noted that since its establishment, AIAC has been dedicated to embracing technology and new techniques, and was committed to enhancing the credibility of arbitration and the confidence of dispute resolution users in arbitration. She also recalled the friendly cooperation with CIETAC and looked forward to working with CIETAC in the future to build an open and inclusive international arbitration ecosystem.

(From left to right: Dato’ Nitin, CIETAC arbitrator and Head of the International Arbitration Practice Group of Lee Hishammuddin Allen & Gledhill, Ou Jintao, Counsel of CIETAC Hong Kong Arbitration Center, Ooi Huey Miin, Partner of Raja Darryl & Loh, Wang Lian Lian, Partner of Shearn Delamore & Co, Dato’ Chan Heng Cheong, Partner of Messrs Ricky Tan & Co)

Session I of the seminar on “Regional Perspectives: The Evolving Transformation of Dispute Resolution Mechanism in China and Malaysia” was moderated by Dato' Ricky Tan, Partner of Messrs Ricky Tan & Co, Wang Lian Lian, Partner of Shearn Delamore & Co , Ooi Huey Miin, Partner of Raja Darryl & Loh, and Ou Jintao, Counsel of CIETAC Hong Kong Arbitration Center, and Dato' Nitin Nadkarn, CIETAC arbitrator and Head of the International Arbitration Practice Group of Lee Hishammuddin Allen & Gledhill., spoke on the “Opportunities and Challenges faced by International Arbitration Users in the Data Era”, “Construction Disputes Resolution and its Advanced Practice”, “Dissection of CIETAC 2024 Arbitration Rules and CIETAC Hong Kong Arbitration Center’s Practical Outlook” and “AIAC’s Reformation Initiatives and the Malaysian Legislative Amendments to the Arbitration Act 2005”. Ou Jintao shared how the innovative mechanisms in CIETAC 2024 Arbitration Rules, such as pre-arbitration proceedings without prejudice to the acceptance of the case, multi-contract arbitration and early dismissal procedures, can help the parties to further enhance the efficiency of arbitration and reduce the costs of arbitration, and highlighted the similarities and differences of the people’s courts of the Mainland of China in assisting in arbitration in the Mainland and the preservation of arbitration in Hong Kong, as well as the “Arrangements for Mutual Assistance in Preservation of Arbitral Proceedings by the Courts of the Mainland of China and of Hong Kong SAR” (the ‘Preservation Arrangement’) in CIETAC Hong Kong Arbitration Center.

(From top to bottom, left to right: Dr. Iur Adolf Peter, Consultant of Fieldfisher, Fu Yongliang, Partner of Gan Partnership, Shawn Siow Chan Wai, Partner of Y Kong Wong & Partners, Joel Kon, Managing Partner of Joel & Co, and Heather Yee, Assistant Director of AIAC)

Session II of the seminar on "Enhancing the Standards: Innovations and Best Practices in Chinese and Malaysian Arbitrations", was moderated by Heather Yee, Assistant Director of AIAC, Joel Kon, Managing Partner of Joel & Co, Shawn Siow Chan Wai, Partner of Y Kong Wong & Partners, Fu Yongliang, Partner of Gan Partnership, Dr. Iur Adolf Peter, Consultant of Fieldfisher, shared and exchanged views on topics such as "Adaptions of Users and Arbitrators in Asia to the New Changes and Challenges", "The Use of Technology in Asian Arbitration", "Best Practices in Asian Arbitration and within Centers in Asia and situation of Third-Party Funding in Malaysia", "Comparative Analysis of Combined Arbitration Provisions under Different Arbitration Rules and the Current Situation of Third-Party Funding in China".

(Closing remarks by Dato' Lim Thiam Suan, Director of AIAC)

Dato' Lim Thiam Suan pointed out that the collaboration between arbitration institutions, the use of technology and the needs of diversified dispute resolution are embracing the new era and promoting the latest developments in the arbitration industry. She reviewed the topics of the seminar and said that CIETAC 2024 Arbitration Rules, the use of artificial intelligence in international arbitration, and the practice of technology in arbitration in Asia have greatly benefited arbitration users. Meanwhile, Ms. Lim looks forward to deepening the cooperation between AIAC and CIETAC to promote the exchange and development of dispute resolution culture.

The seminar attracted nearly 600 in-person participants and online audience, and received wide attention and good response from the ASEAN dispute resolution market.