"Seminar on Focused Legal Issues in International Commercial and Investment Arbitration" was held in w88 casino
w88 casino News Network (provided by the Law w88 casino)2015Year11month19On the afternoon of the same day, the "Seminar on Focused Legal Issues in International Commercial and Investment Arbitration" was held in Ningyuan Building of w88 casino232Held in room. The seminar was chaired by Liu Jingdong, Vice President of the Fourth Civil Division of the Supreme People's Court, and the participating experts closely focused on five carefully selected discussion topics.
The meeting was discussed by Professor Shi Jingxia, Dean of the Law w88 casino. She first expressed her gratitude and looked forward to more attention and support from industry experts on behalf of the w88 casino of Law of the University of w88 and Economics, and was committed to making international commercial and investment arbitration better and stronger. Combining the current international and domestic situations, she pointed out the latest development overview and trends of international commercial and investment arbitration in recent years, and predicted that as China, the United States, China and EuropeBITWaiting for the second generation of ChinaBIT, the further opening of the Chinese market and a large number of Chinese companies going global, China-related investment arbitration cases will be as followsWTOThe cases are the same, happening more frequently. Therefore,ISDS's issue will be one of the topics of concern at the first meeting. Shi Jingxia pointed out that that day coincided with the unveiling ceremony of the Shanghai Office of the Hong Kong International Arbitration Center. This involves the opening of China’s arbitration service market. Combining relevant cases, she pointed out that how to understand "foreign-related" factors in international arbitration, as well as ad hoc arbitration and the core issues in the revision of the Arbitration Law are of high importance and value for discussion. Shi Jingxia said that the research base and center will continue to pay attention to cutting-edge issues in the field of international commercial and investment arbitration, and regularly organize academic discussions and practical discussions.
(Seminar host, Vice President Liu Jingdong and keynote speaker, Dean Shi Jingxia)
Regarding the issue of ad hoc arbitration, Vice President Li Hu of the China International Economic and w88 Arbitration Commission expressed his wonderful views on the differences and connections between ad hoc arbitration and institutional arbitration, the international status quo of ad hoc arbitration, and the functions of "institutions" in institutional arbitration. He pointed out that ad hoc arbitration has high requirements for the professional level and professional ethics of arbitrators, and believed that ad hoc arbitration should be recognized from a development and long-term perspective. Professor Shen Sibao from the w88 casino of Law of the w88 casino pointed out that ad hoc arbitration is a major innovation and measure to facilitate the internationalization of China's arbitration industry. He recognized that ad hoc arbitration can enhance the international commonality of my country's arbitration, and discussed how to "put new wine in old bottles" without amending the Arbitration Law, innovatively providing a path for the practice of ad hoc arbitration. Wang Wenying, Secretary-General of the China International Economic and w88 Arbitration Commission Hong Kong Center, believes that my country’s arbitration law has not been incorporated into ad hoc arbitration, resulting in unequal treatment of parties when choosing dispute resolution mechanisms. The competitiveness of my country’s arbitration market has been affected, and the validity of ad hoc arbitration awards made in the mainland has been questioned outside the territory. He proposed that the inclusion of ad hoc arbitration requires systematic revision of my country’s arbitration law, and pointed out that the win-win development of institutional arbitration and ad hoc arbitration can be achieved through arbitration institutions providing services for ad hoc arbitration. Vice President Liu also explained the academic circles’ understanding of Article of the Arbitration Law from an academic perspective16Several insights into the understanding of Article 9412_9459|, and expressed the expectation that the arbitration community will pay more attention to the feasibility, necessity, timetable, and road map of ad hoc arbitration.
(The first group: from left to right are Vice President Li Hu, Professor Shen Sibao, and Secretary-General Wang Wenying)
Regarding the topic of “Understanding and Application of ‘Foreign-Related’ Factors in International Commercial Arbitration”, Professor Lu Song from the Department of International Law of China Foreign Affairs University elaborated on the four aspects of legislation, judicial interpretations, precedents and the policies behind legislation and judicial interpretations. He suggested that Article 1 of the Supreme Court’s judicial interpretation of the “Law on the Application of Foreign-Related Civil Legal Relations” be revised"Foreign factors"10811_11021
(Second group: from left to right are Professor Lu Song, Mr. Huang Tao, and Mr. Lu Yang)
Regarding "Host State and Investor Dispute Resolution (ISDS) On the topic "Reflection of China's Judicial Function", Director Jiang Chenghua of the Department of Treaty and Law of the Ministry of Commerce expressed important views from three aspects: the trend of strengthening arbitration in the field of public law, treating investor and host state arbitration rationally, and completing the connection between international investment arbitration and domestic judicial work as soon as possible. He particularly raised the issue of the construction of an enforcement mechanism. Attorney Ren Qing, part-time associate professor of the w88 casino of Law at the w88 casino, discussed how Chinese courts govern and accept casesISDSCase, heard by Chinese arbitration institutionISDSObstacles in the case, and the possibility of a Chinese court rulingISDSExpressed views on the issue of prosecution of the case. Deputy Director of the Department of Treaty and Law of the Ministry of Foreign Affairs Sun Xiaofei saidISDS12694_12728
(The third group: from left to right are Director Jiang Chenghua, Deputy Director Sun Xiaofei, and Mr. Ren Qing）
On the topic of "Core Issues in the Revision of China's Arbitration Law", Deputy Secretary-General Chen Fuyong of the Beijing Arbitration Commission focused on the key issues and purposes of the revision of the Arbitration Law. He pointed out that the integration of the arbitration system with international standards is not only a matter of improving the competitiveness of my country's arbitration market, but more importantly, allowing Chinese parties to receive training in the rules of international standards at home, so as to change the situation of "civil war between insiders and outsiders". Deputy Secretary-General Chen also raised the issue of how to modify the arbitration law so that my country can be regarded as a country with the United Nations Model Arbitration Law. He also specifically pointed out that my country’s inclusion of ad hoc arbitration is essentially an issue of opening up the domestic market for arbitration services. Director Yao Junyi of China International Economic and w88 Arbitration Commission said199414265_14405
(The fourth group: from left to right are Deputy Secretary-General Chen Fuyong, Director Yao Junyi, and Mr. Wang Xuehua）
On the topic of "Opening up China's arbitration industry", Professor Gao Xiqing from the w88 casino of Law of the w88 casino focused on the key issues of how to improve the influence and credibility of my country's arbitration in the world from two aspects: allowing arbitration to operate independently and courts supporting arbitration. Director Zhao Jian of the China International Economic and w88 Arbitration Commission reviewed the history of China’s arbitration opening up to the outside world, and pointed out that whether domestic disputes are allowed to be arbitrated by overseas arbitration institutions and whether foreign arbitration institutions can open offices and branches in China are hot issues in the opening up of China’s arbitration industry.
(The fifth group: from left to right are Professor Gao Xiqing and Director Zhao Jian)
During the discussion, the participating experts and the leading experts had lively interactions and discussions. The collision of different viewpoints on related topics highlighted the value of their discussion.
(Free discussion session: from left to right are Director Fang Xiao, Associate Professor Jane Willems, and Professor Zhang Xiaojian)
At the end of the meeting, President Zhang Yongjian of the Fourth Civil Division of the Supreme People’s Court summarized the seminar. President Zhang Yongjian affirmed the results of this seminar and stated that many good ideas from this seminar will soon enter the research scope of relevant agencies of the court, and some of the contents will also form certain results to meet the needs of practice. In his summary, Zhang Yongjian expressed his insightful opinions on the above-mentioned topics. He pointed out: First, international commercial and investment arbitration is an important part of the soft power of the country's legal system; secondly, developing and improving my country's international commercial and investment arbitration system is an inevitable requirement for establishing a new pattern of all-round opening up to the outside world; thirdly, supporting international commercial investment arbitration in accordance with the law is a principle that our country's judiciary has always adhered to. Finally, Zhang Yongjian discussed specific issues such as ad hoc arbitration, the opening of the arbitration service market, foreign-related factors and the arbitration mechanism of investment disputes (ISDS) and other issues were elaborated profoundly based on the practice of the Supreme Court, which raised the issues discussed in this seminar to a new level. Amid warm applause, Vice President Liu Jingdong announced the successful conclusion of this seminar.
