On September 20, 2024, 2024 China Arbitration Week series event “Switzerland Arbitration Day” and the “Cutting-edge Issues in the Field of Arbitration in China and Switzerland: Innovation, Cooperation & Development” was jointly organized by China International Economic and Trade Arbitration Commission (CIETAC) Shanghai Sub-Commission, CIETAC Jiangsu Arbitration Center, CIETAC Zhejiang Sub-Commission and Swiss Arbitration Association, and supported by SWISSCHAM SHANGHAI, was successfully held. Guests from Chinese and foreign academic and legal community participated in the event.

 

 

Wang Chengjie, Vice Chairman and Secretary General of CIETAC, and Ms. Vittoria Pesenti, Executive Director of SWISSCHAM SHANGHAI, delivered opening and welcome remarks respectively. Secretary General Wang Chengjie first reviewed the friendship between CIETAC and Switzerland Arbitration Association over the past 30 years since the cooperation agreement in 1994. With the renewal of the 1994 cooperation agreement this year, a new chapter for the cooperation has begun. He further proposed that CIETAC and Switzerland Arbitration Association could work together to promote the exchange and integration of arbitration systems, deepen the innovation and reform of diversified dispute resolution mechanisms, and jointly build high-level exchange and cooperation platforms, so as to provide more alternative dispute resolution options for commercial entities around the world, escort domestic and foreign enterprises to participate in international and domestic commercial communication, and contribute to building a diverse, open, mutual learning and common prosperity international arbitration ecosystem. Ms. Pesenti emphasized that both Switzerland and China have a rich history in dispute resolution. She hoped that this event will stimulate the exchange of ideas among professionals and lay a further long-term foundation for open and effective exchanges and cooperation between SWISSCHAM SHANGHAI, Switzerland Arbitration Association and CIETAC.

 

 

After the speech, entrusted by Wang Chengjie, Vice Chairman and Secretary General of CIETAC, Jia Shen, Secretary General of CIETAC Shanghai Sub-Commission, presented the photo to Felix Dasser, President of Switzerland Arbitration Association, as a gift witnessing the 30-year cooperation between CIETAC and the Switzerland arbitration community, and looked forward to a new era of high-quality cooperation between the two sides.

 

 

The seminar began with keynote speeches by Prof. Felix Dasser and Ms. Julie Raneda, Co-President of the Asian Branch of Switzerland Arbitration Association. Professor Felix Dasser and Ms. Julie Raneda introduced the advantages and characteristics of Switzerland as one of the popular seat of international arbitration, including its geographical location, high degree of internationalization of legal services, rich, mature and flexible arbitration procedures that meet the needs of party autonomy and dispute resolution, as well as the advantages and characteristics of common law in substantive law and evidence law based on the basis of civil law.

 

 

Subsequently, on the theme of "Navigating Complexities in International Arbitration: Ad-Hoc Arbitration, Third Party Funding, and Cross-Border Enforcement", Mr. Jin Liyu, CIETAC arbitrator, Dr. Tom Christopher Pröstler, Partner of CMS International Law Firm, Dr. Clarisse von Wunschheim, Partner of Altenburger Law Firm, and Mr. Han Zheng, CIETAC arbitrator, shared their perspectives. Mr. Jin Liyu and Mr. Han Zheng pointed out that Shanghai has abundant arbitration resources and is one of the good locations for ad hoc arbitration to be piloted in China. Dr. Wunschheim and Dr. Pröstler shared their own experiences in the context of ad hoc arbitration. The guests also shared their experience in handling cases related to the recognition and enforcement of foreign awards in other jurisdiction, exchanged the latest judicial views of courts in China, Switzerland and other jurisdictions on third-party funding in arbitration cases and discussed the problems of third-party funding and the challenges to arbitration procedures.

 

 

The participants had a warm interaction with the speakers in the exchange session. The seminar served as the chance to enhance the understanding of arbitration in China and Switzerland, and provided new ideas and new perspectives on how to deal with the opportunities and challenges encountered by Chinese and Swiss enterprises in transactions and dispute resolution.

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