(Conference Scene of the First CIETAC Global Arbitrators Forum)

 

On September 17 to 18, the First CIETAC Global Arbitrators Forum (Forum) was successfully held in Beijing by China International Economic and Trade Arbitration Commission (CIETAC). LU Pengqi, Vice Chairman of China Council for the Promotion of International Trade (CCPIT) and CIETAC, attended and addressed the opening ceremony. ZHANG Yuejiao, arbitrator of CIETAC and the International Centre for Settlement of Investment Disputes (ICSID), and Former Chair and Judge of World Trade Organization Appellate Body, delivered a keynote speech at the opening ceremony. WANG Chengjie, Vice Chairman and Secretary General of CIETAC, gave a special report at the opening session. LI Hu, Deputy Secretary General of CIETAC, moderated the opening session.

Chinese and foreign guests present or speaking at the Forum included: FEI Zongyi, Honorary Arbitrator of CIETAC and Director of CIETAC Expert Advisory Committee; YU Jianlong, Secretary General of China Chamber of International Commerce (CCOIC); Mohamed S. Abdel WAHAB, Vice President of ICC International Court of Arbitration; Kap-You (Kevin) KIM, Vice President of ICC International Court of Arbitration; Kaj HOBÉR, President of SCC Arbitration Institute; Günther HORVATH, President of Vienna International Arbitration Centre (VIAC); Eric TUCHMANN, Senior Vice President and General Counsel of AAA/ICDR; Michael LEE, Vice President of AAA/ICDR; Mary THOMSON, Chairman of the East Brach of Chartered Institute of Arbitrators (CIArb); Fuldien LI, President of Arbitration Association of Chinese Taipei; Nigel LI, Honorary President of Arbitration Association of Chinese Taipei; Jingzhou TAO, Partner of Dechert LLP (Beijing Office); Philip YANG, senior international arbitrator; SHEN Sibao, Chairman of Chinese Research Society of International Economic and Trade Law. The speakers of the Forum included 32 CIETAC arbitrators at home and abroad. Over 340 CIETAC arbitrators from arbitration and law community, business community, and academic community, joined the Forum  from all over the world. 

 

(LU Pengqi, Vice Chairman of CCPIT and Vice Chairman of CIETAC,  addressed the opening ceremony.)

 

LU Pengqi, Vice Chairman of CCPIT and CIETAC, started his opening speech with warmly welcome and sincere thanks to CIETAC arbitrators for attending this Forum and for their hard work and dedication to CIETAC. He said, in the past 62 years, CIETAC has developed an international and outstanding team of arbitrators, currently with 1441 listed arbitrators 407 of whom are from 65 countries and regions including Hong Kong, Macao, Taiwan, shaping CIETAC’s brand of arbitration service with international influence. He pointed out, under the continuous “Belt and Road” construction, international arbitration faces new opportunities and challenges. In order to meet the needs of parties from different jurisdictions and provide convenient, fair and efficient arbitration service, CIETAC arbitrators are expected to make efforts to promote the development of international arbitration and best arbitration practice.Arbitrators should maintain fairness and justice and stay honest and clean. He also stressed that arbitrators should try their best to strengthen their professional integrity, ensure the quality and efficiency of arbitration, enhance the public's confidence in arbitration and establish a good image of CIETAC.  

 

(ZHANG Yuejiao, arbitrator of CIETAC and the International Centre for Settlement of Investment Disputes (ICSID), and Former Chair and Judge of World Trade Organization Appellate Body, delivered a keynote speech at the opening ceremony)

 

CIETAC arbitrator ZHANG Yuejiao said in her keynote speech that, CIETAC is the earliest arbitration institution in China, and plays an important role in promoting the enactment and implementation of Chinese Arbitration Law and the development of international arbitration in China. CIETAC also promotes the international recognition of Chinese arbitration practices. Nowadays, with parties’ increasing pursuit of equity and transparency, convenient procedure and reasonable cost, international arbitration should keep pace with the time, improve the arbitration system and mechanism, avoid unfair competition among arbitration institutions and enhance legal services of arbitration to better parties’ satisfaction. As arbitrators play a significant role in the process of disputes resolution, they need to improve their qualities and abilities by studying and practicing continuously. 

 

(WANG Chengjie, Vice Chairman and Secretary General of CIETAC,  gave a special report at the opening ceremony)

 

WANG Chengjie, Vice Chairman and Secretary General of CIETAC, gave a special report about CIETAC’s cases statistics, arbitrators and international development. He introduced that, in the past three years, CIETAC’s  caseload and  total amount in dispute have increased year by year. More than one fifth of the cases accepted by CIETAC are foreign-related, which shows remarkable improvement in its internationalization. The foreign parties in CIETAC cases have covered more than 100 countries and regions since its establishment. The parties come from as many as 85 countries and regions in the past three years, The number of foreign-related cases where both parties are from oversea are also increasing year by year, with an average of nearly 50 per year, which reflects the internationalization level of CIETAC and the recognition of global arbitration users. He also pointed out that the participation of Chinese and foreign arbitrators has continuously improved, especially for foreign arbitrators. He also introduced the significance of CIETAC's branches at home and abroad in providing geographically more convenient arbitration legal service for parties and as windows for arbitration exchange and cooperation. He stressed that CIETAC has taken various measures to improve its arbitration service to meet the needs of arbitrators and parties, and has made great efforts in broadening its scope of business, training internationalized arbitration professionals, and promoting international exchange and cooperation, which has won attention and applaud from all circles. 

 

(LI Hu, Deputy Secretary General of CIETAC, moderated the opening session)

 

In order to enrich the programme of the Forum and increase its internationality, this Forum has formed a programme committee, with senior CIETAC arbitrator Jingzhou Tao as the chair and other six distinguished Chinese and foreign CIETAC arbitrators as committee members. Based on the proposal of the programme committee, the Forum has set up the programme to discuss the hot and difficult issues in international arbitration.

During the Forum, Chinese and foreign speakers discussed about the arbitration opportunities in the “Belt and Road” construction, efficiency and flexibility of arbitration procedures, conflict of interest in arbitration, and different approaches in the civil law and common law systems, as well as holding a mock cross-examination. With its diverse forms and rich content, the Forum was highly praised by the participating arbitrators and experts.

 

(Plenary Session I, International Arbitration and the “Belt and Road” Construction: How Will They Contribute to Each Other? The Speakers, from top to bottom, from left to right: SHEN Sibao, Chairman of Chinese Research Society of International Economic and Trade Law; Kaj HOBÉR, President of SCC Arbitration Institute; Günther HORVATH, President of VIAC; Mohamed S. Abdel WAHAB, Vice President of ICC International Court of Arbitration; Adrian HUGHES, Barrister/International Arbitrator; YU Jianlong, Secretary General of CCOIC; Tang Gongyuan, Partner of Junzejun Law Offices )

 

(Sub-Session A, Better Serving the Parties: Efficiency and Flexibility of Arbitral Proceedings. The Speakers, from top to bottom, from left to right: Peter THORP, International Arbitrator; Ing Loong YANG, Partner of Latham &

Watkins LLP (Hong Kong Office); WANG Jie, Former Director of International Cases Department of CIETAC; Lawrence BOO, International Arbitrator; Philip YANG, International Arbitrator; Marcos LUDWIG, Partner of Veirano Advogados; CAO Xinguang, Partner of Hui Zhong Law Firm)

 

(Sub-session B, Conflicts of Interest and Ethics in Arbitration. The Speakers, from top to bottom, from left to right: YE Lu, Partner of King & Wood Mallesons; Mary THOMSON,Chair of the CIArb East Asia Branch; Winnie TAM, Chair of China Practice Development Committee of Hong Kong Bar Association; Nigel LI, Honorary Chairman of Arbitration Association of Chinese Taipei; DONG Xiao, Partner of Anjie Law Firm; Jane WILLEMS, Associate Professor of Tsinghua University School of Law)

 

(Sub-session C, Civil Law and Common Law Approaches in International Arbitration: Similarities, Differences and Converge. The panelists, from top to bottom, from left to right: Arbitral tribunal of the mock cross-examination: CHEN Fayun, Partner of Grandall Law Firm; Jingzhou TAO, Partner of Dechert LLP (Beijing Office); Theng Fong HEE, Consultant of Eversheds Harry; Claimant of the mock cross-examination: CUI Jun, Managing Director of Eminent Consultants Limited; JIA Huaiyuan, Partner of Deheng Law Office; Peter HIRST, Partner of Clyde & Co.UK; Respondent of the mock cross-examination: ZHAO Fang, Partner of Hui Zhong Law Firm; ZHANG Libin, Partner of Broad & Bright; Tim MENG, Partner of Golden Gate; Moderator of this session, CUI Jun; Speakers of this session: WANG Xuehua, Partner of Beijing Huanzhong & Partners; and Peter HIRST, Partner of Clyde & Co.UK)

 

In the summary session, representatives of the sub-sessions briefed the participants about the discussions of each sub-session, and CIETAC arbitrator representatives made pragmatic and pertinent suggestions for the future development of CIETAC.

 

(Plenary Session II, Conclusions and Suggestions. The speakers on the top picture from left to right are: Fuldien LI, Chairman of Arbitration Association of Chinese Taipei; FEI Jia, Partner of Herbert Smith Freehills (Beijing Office). The speakers on the bottom picture from left to right are: Jingzhou Tao, Partner of Dechert LLP (Beijing Office); Peter THORP, international arbitrator; YE Lu, Partner of King & Wood Mallesons; Tim MENG, Partner of Golden Gate, Fuldien LI andFEI Jia)

 

After extensive consultations before the Forum, the Declaration on 2018 CIETAC Global Arbitrators Forum was made and formally released, which demonstrates the consensus of CIETAC arbitrators on the full implementation of their duties and influence as arbitrators. It highlights the unity and common development of CIETAC arbitrators, and their determination of continuously enhancing the credibility of arbitration and promoting the development of international arbitration. The Declaration has also become the solemn commitment of CIETAC arbitrators to work together on the development of international arbitration and the direction of their future endeavors.

 

(WANG Chengjie, Vice Chairman and Secretary General of CIETAC, summarized the achievements of the Forum at the closing ceremony)

 

At the closing ceremony, WANG Chengjie, Vice Chairman and Secretary General of CIETAC, summarized the achievements of this Forum  and proposed the future work plan of CIETAC combining with the research results and suggestions from arbitrators, so to satisfy the diverse demands of arbitrators and parties. ZHAO Jian, Vice President of CIETAC Court of Arbitration, moderated the closing ceremony.

 

(ZHAO Jian, Vice President of CIETAC Court of Arbitration formally released the Declaration of the 2018 CIETAC Global Arbitrators Forum and moderated the closing ceremony)

 

The Forum is the first global arbitrators forum of CIETAC in the past 62 years since its establishment, which is a timely action for CIETAC to meet the needs of global commercial dispute resolution in the new situation, and is a high-level and high-quality dialogue among international arbitrators. The Forum demonstrates CIETAC’s capability and standard of serving parties from various countries and regions, and gained extensive attention and high praise from the international arbitration community.

The Forum is very fruitful and has achieved a complete success. It has further promoted the exchange and cooperation of international arbitration, enhanced the international influence of Chinese arbitration, demonstrated the achievements of Chinese arbitration system, shaped the good image of China as a country rules by law, and has a positive impact on further development of the “Belt and Road” construction.

 

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