At 7:00 pm on September 24th, 2016, Professor Shen Sibao, President of the China International Economic and Trade Law Research Association and Senior Arbitrator, held the " The Achievements of China's Arbitration in 60 Years and Its Future Development" in the 120 Lecture Hall of Wuhan University Law School - China Arbitration Week International Commercial Arbitration Series Lectures at Wuhan University. The lecture was presided over by Professor Xiao Yongping, Director of the Institute of International Law of Wuhan University. Professor Zhang Qinglin from the Department of International Economic Law of the Institute and Director of the Supervision and Coordination Division of the China International Economic and Trade Arbitration Commission and the Secretary-General of the Hubei Branch Yao Junyi were commentators.
Professor Shen Sibao spoke:
First, Professor Shen divides the 60-year development of Chinese arbitration into three phases. The first phase was established from the establishment of the China International Economic and Trade Arbitration Commission in 1956 to the 1995 Arbitration Law. In the 39 years, the trade and industry were singled out; the second phase was from 1995 to 2005, the Judicial Interpretation of the Arbitration Law. It was enacted that China's arbitration industry has developed in a large scale in the past 10 years. In the third phase, since 2005, China's arbitration industry has made rapid progress.
Professor Shen summed up the achievements of China's 60 years of arbitration as follows: First, the arbitration institutions have been arbitrarily extended to a hundred flowers and spring gardens. Second, the awareness and participation of the people in arbitration has been greatly improved. Third, the international vision, international mind and international way of thinking of Chinese arbitration have basically taken shape. Fourth, a large number of professional arbitration teams with strong legal concepts, rich practical experience and good education at home and abroad have been formed, which can basically meet the specialization of arbitration. Fifth, China's arbitration has laws to follow, and the legal system is constantly improved. Sixth, actively participate in the practice of domestic and foreign arbitration rules and the formulation of international arbitration rules.
Secondly, Professor Shen especially emphasized the contribution of CIETAC to China's arbitration development. CIETAC is the leader of China's arbitration, and it is true in accumulating arbitration experience, cultivating arbitration talents, promoting China's arbitration internationalization and credibility. At the same time, the rising stars of other arbitration circles have also become an important force for the further development of China's arbitration industry. For example, the BAC increased the proportion of arbitrators' compensation and developed online arbitration; the Shandong Arbitration Promotion Association formed in Shandong Province; Hainan Arbitration Commission assisted the Cambodian government in the development of arbitration; Shenzhen Arbitration Commission became an independent legal person and set up a council;
Thirdly, Professor Shen pointed out that China's arbitration still has defects, that is, China's arbitration system is imperfect and its ability to keep pace with the times is weak. The overall international competitiveness of arbitration is not strong, and its credibility needs to be improved. To solve this problem, we need the power of trust, so that foreign companies do not have doubts about the independence and impartiality of Chinese arbitration, and make Chinese arbitration and international arbitration models more similar.
Finally, Professor Shen proposed that under the current internationalization and Internet + trend, Chinese arbitration should be improved in the following aspects:
First, establish a temporary arbitration system. Temporary arbitration can form a strong competition for arbitration institutions and is in line with international standards.
Second, the cooperation and competition of national arbitration is concentrated on its own management mechanism, changing the status quo of competition in terms of the number of cases, the subject of disputes, and the number of arbitrators.
Third, Chinese arbitration should go out, go out of the arbitration institution, and the arbitrators will go out and gradually transition to the arbitration institution not going out, the parties and the source of the case coming in.
Fourth, to give full play to the advantages of arbitrators cultivated by China in the past 60 years, to use the professionals who are proficient in the civil law system and the Anglo-American legal system to build the credibility of Chinese arbitration professionals; to develop online arbitration using talents who are both proficient in law and proficient in the Internet.
Fifth, promote the revision of the Arbitration Law and the promulgation of the judicial interpretation of the Supreme Court, and establish an arbitration association.
Professor Shen concluded that in the current world characterized by globalization, internationalization and Internet +, cooperation and competition with the goal of facilitation, socialization and non-governmentalization, Chinese arbitration will definitely appear in the international arbitration community with a brand new look. .
Professor Zhang Qinglin commented: I agree with Professor Shen's summary and outlook, and add four points: First, the arbitration institution should go to administrative; second, there are too many Chinese arbitration institutions, there should be independent and clean arbitration institutions; third, establish The provisional arbitration system; fourth, the court’s supervision of arbitration should be changed to a two-track system.
Professor Shen Sibao added: Under the promotion of online arbitration in the next 10-20 years, the arbitration industry will surely usher in the climax of arbitration institutions.
Director Yao Junyi Comments: Put forward three points of experience. First, full competition in ad hoc arbitration and institutional arbitration, domestic arbitration and foreign arbitration, arbitration and mediation can promote the development of arbitration. Second, the arbitrator's roster of arbitration institutions is fixed, and arbitrators cannot move and share. Third, Wuhan is an excellent arbitration center with abundant talents, obvious location advantages and perfect legal services. Fourth, the credibility of arbitration should be improved through arbitration, self-construction, state supervision and full competition.
Professor Xiao Yongping concluded that when considering arbitration issues, it should be divided into three dimensions, namely, the legal relationship in which the arbitrator provides services to the center, the legal relationship in which the arbitrator is the form of the public power of the dispute, and the relationship between the arbitration institution and the arbitrator. Chinese arbitration is competitive internationally because of the high efficiency of arbitration and low fees, depending on the subject matter of the case; foreign arbitrations are charged on time, which may result in lengthy arbitration.
(Writer: Qiu Wen, graduate student of the International Law Institute)
