中国海事商事仲裁资讯2022年第3季度,2022Q3

China Newsletter on Maritime and Commercial Arbitration (CHNOMACA)

2022 China High-Level Dialogue on Maritime and Commercial Arbitration successfully held in Beijing

FROM:CMAC | 2022-06-17

On 16 June 2022, the 2022 China High-Level Dialogue on Maritime and Commercial Arbitration (CHDMACA) was held successfully in Beijing.

The event was organized by CMAC, in collaboration with the International Council for Commercial Arbitration (ICCA), Asian Institute of Alternative Dispute Resolution (AIADR), Inter-Pacific Bar Association (IPBA) and Society of Maritime Arbitrators, Inc (SMA), supported by 20 ADR institutions worldwide including the International Commercial Dispute Prevention and Settlement Organization (ICDPASO), China International Chamber of Commerce, KCAB International, Singapore Maritime Arbitrators Association (SMAA), Swiss Arbitration Centre, Tashkent International Arbitration Center (TIAC), Center for International Investment and Commercial Arbitration (CIICA), Thai-Chinese International Arbitration and Mediation Center (TCIAC), Bangladesh International Arbitration Center (BIAC), JIDRC, The Arbitration Foundation of Southern Africa (AFSA), Indonesia International Arbitration Center (INIAC), Qatar International Center for Conciliation and Arbitration, Rio de Janeiro Law School, China International Economic and Trade Arbitration Commission (CIETAC), China Academy of Social Science Institute of International Law, CCPIT Mediation Center, China Academy of Arbitration Law, China Maritime Law Association and Shanghai Arbitration Commission.

At the opening ceremony, Mr. Ren Hongbin, Chairman of the China Council for the Promotion of China Council for the Promotion of International Trade  (CCPIT), Mr. Wang Qijiang, Vice President of China Law Society, Mr. Liu Zhenyu, member of National Committee of the Chinese People's Political Consultative Conference / former Vice Minister of the Ministry of Justice PRC, Dr. Huang Jin, former President of China University of Political Science and Law / Vice President of China Law Society/ President of China Society of International Law, and Datuk Professor Sundra Rajoo, President of the Asian Institute of Alternative Dispute Resolution respectively delivered welcome remarks. Dr. Ke Liangdong, Vice Chairman of CCPIT presided over this session.

The keynote speech session was moderated by Dr. Li Hu, Vice Chairman of CMAC. Prof. Zhang Yuejiao, Director of Institute of International Dispute Settlement of Tsinghua University/ former Chair of WTO Appellate Body, said in the context of modernizing maritime arbitration in China, there are several factors to be further improved, including facilitating legal talents, providing world-class quality of service, serving the overall interests of China, and strengthening exchanges and cooperation in international arbitration. Dr. Shen Yuhong, Dpt. Chief Judge of Fourth Civil Division of SPC, said the SPC highly emphasizes the role of arbitration in disputes resolution. Several measures are taken for the purpose of supporting and supervising arbitration, and creating an arbitration-friendly judicial environment. Mr. Jiang Jing, Advisor (Director-General level) of Bureau of Public Legal Service Administration of the Ministry of Justice PRC, said Ministry of Justice highly emphasizes the building of international arbitration practitioners and plans to establish a cultivation system for international arbitration talents that compatible with the internationally-accepted arbitration system by 2025. Dr. Gao Zicheng, President of All-China Lawyers Association said, the ACLA has launched supportive projects and will make more positive contributions to promote the establishment and development of diversified dispute resolution mechanism in China. Mr. Jack Li, the 30th President of Inter-Pacific Bar Association, said that the IPBA will work with the CMAC to promote arbitration as a preferred mode of dispute resolution, providing legal assistance and guidance for companies and businesses throughout Asia-Pacific region.

Session I “Hot Topics in Maritime and Commercial Arbitration Law” (English) was moderated by Dr. Jerry Zhang, founder of Beijing Linli Law Office, with experts engaged in discussions on a range of topics such as “transparency of the arbitral proceedings and enforcement of arbitral awards”, “prospects of the increasing use of AI in arbitration”, “the necessity and practicality of online oral hearing”, “third-party funding of international arbitration” and “SMA arbitration: commercial, practical, final”. Panelists included Dr. Li Hu, Vice Chairman of CMAC, Dr. LeRoy Lambert, President of SMA, Mr. Robert C. Meehan, Senior Partner of Eastport Maritime USA, Mr. Richard A. Corwin, Arbitrator and Mediator of SMA, Ms. Müge Anber Kontakis, Vice President of Global FD&D/ Manager & Counsel at Shipowners Claims Bureau/ Manager of the American P &I Club, Arthur Wolff, Counsel at Baier Rechtsanwälte, Dr. Adolf Peter, Associate Professor at Law of Shanghai University of Political Science and Law, Mr. Stephen Leonard, Assistant Professor at Law of Renmin University of China, Dr. Xu Wei, Chief Judge of Case-Filing Tribunal pf Shanghai Financial Court and Dr. Chen Jian, Deputy Secretary General of Shanghai Arbitration Commission.

Session II “Hot Topics in Maritime Law” (Chinese) was moderated by Dr. Guan Zhengyi, Professor at Law of Dalian Maritime University. Dr. Sun Guang, Vice President of Dalian Maritime Court, Mr. Wu Yongqi, Counsel at CMAC Zhejiang Pilot Free Trade Zone Arbitrator Center, Dr. Hu Zhengliang, Professor at Law of Shanghai Maritime University, Prof. Zhu Zuoxian, Vice Dean of Dalian Maritime University, Mr. Zheng Tianwei, Director and Senior Partner of Weils & Co. as panelists engaged in discussion topics including possibility and necessity of amending provisions concerning rights and obligations of port operators in maritime code of China, legal responsibilities and contractual obligations concerning delivery of goods at the port of destination, substantive and procedural protection of maritime liens in bankruptcy proceedings.

Session III “Hot Topics in Commercial Law” (Chinese) was moderated by Dr. Liu Junhai, PhD Supervisor and Professor at Law of Renmin University of China, Dr. Liu Kaixiang, PhD Supervisor and Professor at Law of Peking University, Dr. Wang Yuying, Professor at Law of China University of Political Science and Law, Dr. Yao Xiaomin, Senior Partner at Lantai Partners, and Mr. Cui Qiang, Partner at Commerce and Finance Law Offices as panelists engaged in discussion topics including validity of shareholding entrustment, validity of the VAM Clause signed between the PE.VC Firm and the target company, when the change of shareholder occurs in the process of transfer of shareholding.

Dr. Chen Bo, Dpt. Secretary-General of CMAC, delivered the closing speech. She said CMAC will establish and improve joint working mechanism upon the CHDMACA for advancing a cross-border dispute resolution mechanism for the Belt and Road Initiative.

With the opening ceremony, keynote speech, and panel discussions, the event attracted more than 100 attendees on-site and nearly 360,000 online audiences.