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Forum of “20 anniversary of Implementing Arbitration Law of the P. R. C.” and Seminar of “New Tendency of Arbitration and Judicial Review in China”
 

The year of 2015 is the 20th anniversary of implementing Arbitration Law of P.R.C, on this occasion, Shanghai International Economic and Trade Arbitration Commission (Also Shanghai International Arbitration Center , hereinafter referred to as ‘SHIAC’) held a Forum of “20 anniversary of Implementing Arbitration Law of the P.R.C” and Seminar of “Arbitration’s New Tendency in China”. More than 40 participants, who were arbitrators and mediators of SHIAC, local lawyers, legal counsel and so on, took part in this event.

On the forum, Chairman of the International Economic Law Research Institution of China Law Society and Chairman of the Board of South China Economic and Trade Arbitration Commission, Prof. Shen Sibao, made a speech titled “Enhancing Public Trust and Promoting the Development of Arbitration – Outlook of the Future of Arbitration in China”. Mr. Shen gave his suggestions on how to enhance the public trust of arbitration and achieve the development of Arbitration in China by specialization, professionalization and internationalization. The Vice Chairman of All China Lawyers Association, Mr. Lv Hongbin, made a speech titled “How the Arbitration System Draw Lessons from the Judicial Reform.” Mr. Lv mentioned some focus of China Judicial Reform, such as convenient case-filing register system, judgment centralism, judicial publicity and so on and discussed the new ideas and new measures on how to improve arbitration mechanism and develop arbitration business. Deputy Secretary General of SHIAC, Mr. Huang Wen, made a speech titled “New Thought and New Mechanism on the Internationalization of Arbitration”. Mr. Huang introduced the international and professional measures taken by SHIAC under the background of a great development of Chinese arbitration in recent years, and then he detailed the blueprint of SHIAC in the future.

The discussion of “the New Tendency of Arbitration in China” was hosted by Prof. Chen Zhidong and Lawyer Zhao Jing, arbitrators of SHIAC and conveners of SHIAC’s research committee on arbitration law. They made speech titled “The validity of the arbitration agreement referred to Foreign Arbitration Institutions without Foreign Factors” and “The Practice of Foreign Arbitration Institutions in China”. By studying relevant arbitration cases and opinion of courts, the two conveners had a deep and energetic discussion with participants on many issues, such as the criteria to evaluate whether there is a foreign factor, seat of arbitration, nationality of arbitral award and how to identify an arbitration institution mentioned in the Arbitration Law of P.R.C.

Some participants had doubt about the jurisdiction of cases where parties have agreed to refer their disputes to “China International Economic and Trade Arbitration Commission Shanghai Commission/Branch/Sub-Commission”. Referring to the Supreme People’s Court’s Notice on Properly Hear the Relative Issues in Judicial Reviews on Arbitration, the Ruling on Civil Procedure ordered by Intermediate People’s Court of Shanghai, Shenzhen, Zhaoqing and Beijing, we hereby clarify: SHIAC is the only arbitration institution with judicial registration by the name of “China International Economic and Trade Arbitration Commission Shanghai Commission/Branch/Sub-Commission”. According to the official reply of the judicial administrative department, the rename of our institution has no effect on its right of jurisdiction on cases. On the basis o

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