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)

Deputy Secretary-General Dr. Chen Bo attends the “Arbitration Talk Show”

FROM:CMAC | 2022-06-30

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6 April 2022 - Dr. Chen Bo, Deputy Secretary-General of CMAC/Vice President of CMAC Arbitration Court, along with Dr. Zhang Wenguang, associate research fellow and associate professor at CASS Institute of International Law, were invited as special guests for the “Arbitration Talk Show” host by Fangda & Partners, and shared insights on the topic “recent development of ad hoc arbitration in China”.

Dr. Chen Bo said, “China Maritime Law Association (CMLA) and China Maritime Arbitration Commission (CMAC) jointly released the CMLA Ad Hoc Arbitration Rules and CMAC Rules as Appointing Authority in Ad Hoc Arbitration, which came into effect on 18 March 2022. The CMLA Ad Hoc Arbitration Rules are designed as model rules for ad hoc arbitration in China, in line with its commitment to aligns with international practice and to reflect the current trend in maritime arbitration. These Rules offer the parties more flexibility and greater freedom over the arbitral proceedings. More power/responsibility is given to the arbitrator. There are no institutional fees and charges to pay. The parties can mutually negotiate their arbitrator’s rates. This is an experimental but important step forward in promoting ad hoc arbitration practices in mainland China”.

“A successful ad hoc arbitration depends for its full effectiveness on a spirit of co-operation between the parties.Parties to ad hoc arbitrations are likely to encounter a number of procedural deadlocks, in particular the constitution of the arbitral tribunal, nevertheless. CMAC Rules as Appointing Authority in Ad Hoc Arbitration are designed to provide external support for ad hoc arbitrations, subject to the relevant arbitration agreement or any other agreement between the parties. CMAC may exercise several functions, such as determining the number of arbitrators, and appointing arbitrators in an ad hoc arbitration. CMAC is also the default appointing authority under the CMLA Ad Hoc Arbitration Rules”, she added.