n 2019, the world economic slowdowns already under way reflected common influence across the countries. The cyclical and structural slowdowns in China have fueled disputes in the market place and thus created a rising number in the statistics of commercial dispute resolution in China. Many developments in the field of arbitration and mediation mark the milestones of building the rule-based practice. Some of these developments have already brought positive effects in the dispute resolution industry amid the slowing down economy. To present an insightful understanding of the developments of commercial dispute resolution in China, the Beijing Arbitration Commission/Beijing International Arbitration Center (hereinafter referred to as the “BAC/BIAC”) continuingly invites experts to author 12 chapters of this book, namely, the chapters on commercial arbitration, commercial mediation, construction, real estate, energy, international trade, investment, finance, intellectual property, civil aviation, entertainment, and sports.
In the chapter on commercial arbitration, the authors believe many efforts in the regulatory and judicial directions have further promoted China as a viable choice of arbitration seat. In the direction of regulation, the Several Opinions on Improving the Arbitration System to Strengthen the Creditability of Arbitration issued by the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council, as the first central-level government’s policy for arbitration, has laid out an ambitious plan for the vigorous and competitive arbitration industry in China. In the direction of judicial policy, the Supreme People’s Court and the Hong Kong Special Administrative Region Department of Justice signed the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region, as a symbolic cooperation between the mainland courts and courts in Hong Kong SAR, has bridged the gap in mechanisms of enforcing the interim measures resulting from the arbitration in the region. Breakthroughs in practice has also been recorded in 2019. For example, the BAC/BIAC has adopted its new arbitration rules which introduce a long-expected reform in the framework of arbitration fees. The transparency and the fee’s redistribution of the BAC/BIAC’s new rules are not only praised by the Chinese practitioners, but also regarded as a breakthrough of the internationalization of Chinese arbitration industry and a guarantee of process of cultivating the professionalism among the Chinese arbitrators.
In the chapter on commercial mediation, the authors predict that the signing of the United Nations Convention on International Settlement Agreements Resulting from Mediation may align the mediation theories and practice in China to the international counterparts and safeguard the healthy development of commercial mediation in China.
The impact of economic slowing down also project profound changes in each different specialized sector. More detailed and targeted legislation and regulations have emerged in 2019 as the response to the changing climate of business environment. In the chapter on construction, numerous legislations and regulations have been referred to. The Construction Law of the People’s Republic of China, the Regulation on Government Investment and the Regulation on Ensuring Wage Payment to Migrant Workers, and other laws and regulations have been revised, reflecting the liability rearrangement among the relevant parties. The arbitrability of a PPP contract provided in the Provisions on Several Issues Concerning the Trial of Administrative Agreement Cases touched on the controversial matters in the dispute resolution of PPP contracts, triggering even more controversial arguments.
- File size : 22230 KB
- Print length : 671 pages
- Word Wise : Enabled
- X-Ray : Not Enabled
- ASIN : B08JD4PJ8Z
- Publisher : Wolters Kluwer Hong Kong; PublishDrive edition (17 September 2020)
- Text-to-Speech : Enabled
- Enhanced typesetting : Enabled
- Language: : English
