Worth a read….
Here comes an insightful article by a Chinese attorney, Vincent Mu, written in a humorous and informal style. I came across it on “retweet” at the Weixin posts of some lawyer friends, and would like to share it with list members who follow this development. An enjoyable legal reading.
Wishes,
Simon Xi Zhang
Linklaters, Hong Kong
2015?1?6? 11:31 AM? “Nicholas Howson” <[email protected]>???
Recieved just now, from the Shanghai IAC. Nico
———- Forwarded message ———-
From: info <[email protected]>
Date: Mon, Jan 5, 2015 at 10:27 PM
Subject: People’s Court Ruled SHIAC Has the Jurisdiction on the Clause “China International Economic and Trade Arbitration Commission Shanghai Sub-Commission”
To: [email protected]
Dear Arbitrators,
Thank you for your long time support and concern towards SHIAC!
On September 4, 2013, the Supreme People’s Court of PRC has issued “The Supreme People’s Court’s Notice on Properly Hear the Relative Issues in Judicial Reviews on Arbitration (“Fa (2013) 194 Hao”) to all the High People’s Court of PRC. It was ordered in the notice that when parties apply for confirming the validity of arbitration clause, revoking arbitral awards and/or setting aside the enforcement of the arbitral awards based on the reasons of jurisdiction disputes between China International Economic and Trade Arbitration Commission , China International Economic and Trade Arbitration Commission Shanghai Sub-Commission and China International Economic and Trade Arbitration Commission South China Sub-Commission, such applications should be discussed and advised by Judicial Committee and then report to the Supreme People’s Court level by level. No decision/ruling could be rendered out before the Supreme People’s Court’s formal reply on such applications. In accordance with the laws, the Shanghai No. 2 Intermediate People’s Court now has rendered the Ruling confirmed that this Commission is an independent arbitral institute, and has the power to arbitrate and render arbitral awards based upon the arbitration clauses of to arbitrate by “China International Economic and Trade Arbitration Commission Shanghai Sub-Commission”.
No.2 Intermediate People’s Court of Shanghai Municipality rendered the Ruling on Civil Procedure (“(2012) Hu Er Zhong Min Ren (Zhong Xie) Zi Di 5 Hao”) on December 31, 2014. In this Ruling, it has been ascertained and affirmed that:
(1) Approved by Shanghai Municipal People’s Government in 1988, and organized by Shanghai Council for the Promotion of International Trade, China International Economic and Trade Arbitration Commission Shanghai Sub-Commission was established through a formal procedure and legitimately registered in the Bureau of Justice of Shanghai Municipality, with the Registry Certification of PRC Arbitration Commission obtained;
(2) Approved by Shanghai Municipal Government and agreed by Shanghai Commission for Public Sector Reform, China International Economic and Trade Arbitration Commission Shanghai Sub-Commission has officially been renamed “Shanghai International Economic and Trade Arbitration Commission”; it will also use “Shanghai International Arbitration Center” concurrently as official name.
(3) The agreed arbitral institute, the China International Economic and Trade Arbitration Commission Shanghai Sub-Commission (now renamed Shanghai International Economic and Trade Arbitration Commission) is legally established. Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center) has power to arbitrate and render arbitral awards based upon such arbitration clauses concluded by parties. The arbitration shall be submitted to Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center).
For details, please see: http://www.shiac.org/NewsDetails.aspx?tid=7&nid=844
???????????????????????
Shanghai International Economic and Trade Arbitration Commission
(Shanghai International Arbitration Center)
??Tel.: + 86 21 6387 5588
??Fax: + 86 21 6387 7070
??E-mail: [email protected]
??Website: www.shiac.org
??(??)??????????
The China(Shanghai)Pilot Free Trade Zone Court of Arbitration
??Tel.:+86 21 68961702
??Fax:+86 21 68961703
??E-mail: [email protected]
??Website: www.shiac.org
