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Mediation, Arbitration and Shanghai Pilot Free Trade Zone Dispute Resolution International Symposium Successfully Held

The one day “Mediation, Arbitration and Shanghai Pilot Free Trade Zone Dispute Resolution International Symposium”, jointly organized by Shanghai Municipal Commission of Commerce, British Consulate General Shanghai and Shanghai International Arbitration Center, and hosted by Shanghai University of Finance and Economics and Collaborative Innovation Center of China (Shanghai) Pilot Free Trade Zone, was successfully held in Baolong Shanghai Hotel on July 13, 2015. Approximately 80 participants who come from government departments, British Consulate General, law schools, domestic or international arbitration organizations and law firms attended the conference.

YANG Jianrong, the chairman of Shanghai International Arbitration Center (hereafter “SHIAC”), introduced the recent remarkable explorations and developments of SHIAC and how those achievements make positive contributions to the legal environment of Shanghai Pilot Free Trade Zone. Topics included the establishment of China (Shanghai) Pilot Free Trade Zone Court of Arbitration, the creation of “The China (Shanghai) Pilot Free Trade Zone Arbitration Rules”, the set up of “The China Pilot Free Trade Zone Arbitration League” with other arbitration organizations, and the significant improvements that SHIAC has achieved in the area of professional arbitration. Other speakers like SHEN Weihua, the vice chairman of Shanghai Municipal Commission of Commerce, John Edwards, the Consul General of British Consulate General Shanghai, and ZHENG Shaohua, the Assistant to Principal of Shanghai University of Finance and Economics also made welcome remarks on behalf of all organizers and hosts.

Four major topics were discussed in the symposium, “the establishment of Shanghai Asian and Pacific Arbitration Center”, “the diversity and unbalance of international dispute resolutions”, “the interaction between arbitration and mediation” and “the new practice of foreign related commercial dispute resolutions in China”. A great number of impressive speeches were made by experts and scholars from Shanghai No. 1 Intermediate People’s Court, Shanghai University of Finance and Economics, SHIAC, Shanghai Arbitration Commission, Hong Kong International Arbitration Centre, International Court of Arbitration of International Chamber of Commerce, Shanghai Commercial Mediation Center, Chartered Institute of Arbitrators, Centre for Effective Dispute Resolution, Vienna International Arbitration Centre, JunHe Law Firm, Boss & Young Attorney-at Law, Co-effort Law Firm and Cuatrecasas Goncalves Pereira Shanghai.

HUANG Wen, the Deputy Secretary-General of SHIAC, was invited to make a statement about “the establishment of Shanghai Asian and Pacific Arbitration Center”. By discussing about the creation of arbitration rules on international convention, the increasing proportion of foreign arbitrators and regions, the collaboration with international organizations and foreign arbitration organizations, and case hearing, Mr. Huang briefly introduced the SHIAC’s role in promoting internationalism and new ideas in building professionalism. Mr. LIU Jing, the Deputy Secretary-General of Hong Kong International Arbitration Centre and arbitrator of SHIAC, made another statement regarding the same topic. He then introduced the establishment and recent developments of Hong Kong International Arbitration Centre, characters of “Hong Kong International Arbitration Centre Arbitration Rules” and the enforcement of its arbitration awards.

Other arbitrators of SHIAC, such as lawyer CHEN Luming and lawyer Omar Puertas, meanwhile, discussed “the diversity and unbalance of international dispute resolutions”. CHEN Luming laid emphasis on characters of international investment arbitration and its differences with commercial arbitration in terms of system of law, applicable law, jurisdiction, creation of arbitration tribunal, case management, principal of transparency and etc. In addition, he also sent words to all legal communities and proposed to conduct further studies of international investment arbitration in the context of Shanghai Pilot Free Trade Zone. Omar Puertas, on the other hand, spoke of the unbalance in international dispute resolutions by talking about the gender. He used the Penal of Arbitrators of SHIAC as an excellent positive example to illustrate the advantage of being diverse in international arbitrations. At the same time, he also praised Chinese arbitration organizations, including SHIAC, in their developments of arbitration internationalism.

Lawyer David FONG, Associate Professor FAN Mingchao, Lawyer ZHANG Zhen’an and Professor SONG Xiaoyan, who are all arbitrators of SHIAC, also participated in the symposium as hosts or commentators, and showed their remarkable attainments in arbitration in a great way. With the help of domestic and international experts and scholars, the international symposium was successfully held.

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