I. AnJie Broad’s News on Int’Commercial Dispute Resolution

      • AnJie Broad Partners An Shouzhi, Wan Jia, and Wu Shanshan Listed on the First Legal 500 Arbitration Powerlist China 2023
        Recently, the Legal 500, an internationally renowned and authoritative legal rating agency, announced the first Arbitration Powerlist China 2023. With extensive practical experience in the field of arbitration and high-quality client feedback, AnJie Broad Partners Dr. An Shouzhi , Wan Jia and Wu Shanshan were listed in it.
      • AnJie Broad Partner Wang Xiaojun Appointed as Arbitrator of Several Arbitration Commissions 1
        In 2023, AnJie Broad Partner Wang Xiaojun was appointed as arbitrator of several arbitration commissions, including Nanjing Arbitration Commission, Langfang Arbitration Commission, Xuchang Arbitration Commission, Quzhou Arbitration Commission, Rizhao Arbitration Commission, Jingmen Arbitration Commission, Xiangyang Arbitration Commission and Fuzhou Arbitration Commission.
      • AnJie Broad Partner Chen Gui Appointed as Arbitrator of Shanghai International Economic and Trade Arbitration Commission 2
        In 2023, Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center) published a new version of Penal of Arbitrators, on which, AnJie Broad Partner Chen Gui, is listed as one of the new arbitrators. The appointment commences on January 1, 2024, and will expire on April 30, 2026.
      • AnJie Broad Partner Yan Bing Appointed as Arbitrator of Tianjin Arbitration Commission 3
        On 29 December 2023, Tianjin Arbitration Commission announced its new list of the Panel of Arbitrators, and AnJie Broad Partner Yan Bing was listed as one of the arbitrators, whose appointment will last three years, from December 29, 2023 to December 28, 2026.
      • AnJie Broad Assisted in the Forum of New Technology, New Cooperation and New Development – Improving the Service Level of Maritime Arbitration during Shanghai Arbitration Week
        On 21 November 2023, the forum of New Technology, New Cooperation, New Development – Improving the Service Level of Maritime Arbitration, co-organized by AnJie Broad Law Firm Shanghai Office, was successfully held in Shanghai. AnJie Broad Partner Chen Lei, attended the forum and presented a speech, pointing out that with the rapid development of the e-commerce industry, some new forms of cooperation in the shipping industry and the new risks brought by them, and the continuous improvement of the digitization of shipping has put forward new requirements for relevant conventions such as electronic bills of lading. It is believed that there will be new development trends in the “blue economy” such as offshore wind power and marine fishery in the future.
      • AnJie Broad Partner Dr. An Shouzhi Attended the 2023 International Congress of Maritime Arbitrators (ICMA XXII) and Present Keynote Speech
        From 5 to 10 November 2023, the XXII International Congress of Maritime Arbitration (ICMA 2023) was held in Dubai, United Arab Emirates. AnJie Broad Partner Dr. An Shouzhi was invited to attend and give a special report as a representative of arbitrators of the Singapore Court of Maritime Arbitration. With the theme of Issues on the Identification of B/L Carrier-Judicial Practice, Theories and the Proposed Revision on China’s Maritime Law, Dr. An Shouzhi focused on the identification of B/L carriers under China’s Maritime Law, conducted an empirical analysis of the judicial practice of China’s B/L carrier identification, discussed the theoretical issues, advantages and disadvantages of carrier identification methods in China’s judicial practice, as well as proposed advice on amendments to Article 89(2) of China’s Draft Revision of the Maritime Law.
      • AnJie Broad Partner Dr. An Shouzhi Appointed as Singapore International Arbitration Center (SIAC) Panel of Arbitrator and Arbitrator of Court of Arbitration for Sport
        In October, 2023, AnJie Broad Partner Dr. An Shouzhi was appointed as Singapore International Arbitration Center (SIAC) panel of arbitrator. In May, Dr. An was re-appointed as an arbitrator of the Court of Arbitration for Sport for the years 2023-2026.
      • AnJie Broad Partner Dr. An Shouzhi Appointed as Domestic and International Arbitrator of Several Arbitration Institutions
        In 2023, AnJie Broad Partner Dr. An Shouzhi was appointed as arbitrators of several international arbitration institutions, including Singapore International Arbitration Center (SIAC) panel, Arbitration Institute of the Stockholm Chamber of Commerce and Singapore Chamber of Maritime Arbitration, and will continue to serve as an arbitrator of Russian Arbitration Center. In May, Dr. An was re-appointed as an arbitrator of the Court of Arbitration for Sport for the years 2023-2026.
        Besides, Dr. An was also appointed as arbitrator of several domestic arbitration institutions, including the Arbitration Center Across the Straits, China Commission of Arbitration for Sport, and Chongqing Arbitration Commission.
      • AnJie Broad Partner Chen Lei Selected as Expert of Shanghai International Maritime Arbitration Expert Tank
        Justice Bureau of Shanghai Municipality released the list of experts in the Shanghai International Maritime Arbitration Expert Tank (the second batch). AnJie Broad Partner Chen Lei was selected as an expert in the tank. The establishment of the Shanghai International Maritime Arbitration Expert Tank is aimed at strengthening the construction of Shanghai’s international maritime arbitration talent team, promoting the enhancement of maritime arbitration service capacity, and assisting Shanghai accelerate the building of a globally oriented Asia-Pacific Arbitration Centre to provide better services to guarantee the construction of Shanghai international shipping centre.
      • AnJie Broad Partner Chen Lei Appointed as the Deputy Director of Maritime and Logistics Professional Research Institute, Shanghai Arbitration Association
        The first meeting of the second session of the General Assembly of Shanghai Arbitration Association was successfully held, and AnJie Broad Partner Chen Lei was appointed as the deputy director of Maritime and Logistics Professional Research Institute, Shanghai Arbitration Association. The Institute shall follow the footsteps of Shanghai Arbitration Association to help Shanghai accelerate the building of a globally oriented Asia-Pacific Arbitration Centre.
      • AnJie Broad Partner Chen Lei Appointed as an Arbitrator of Shanghai International Economic and Trade Arbitration Commission
        Following a rigorous selection by Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center, “SHIAC”), AnJie Broad Partner Chen Lei has been appointed as an arbitrator of SHIAC for a period beginning on 1 January, 2024 and ending on 30 April, 2026.
      • AnJie Broad Partner Chen Lei Hosted Seminar on Hot Issues of Maritime Arbitration in Singapore
        On 25 October 2023, a delegation from Singapore Chamber of Maritime Arbitration visited Shanghai to exchange views on the hot issues of maritime arbitration in Singapore. AnJie Broad Partner Chen Lei hosted the seminar. At the meeting, the industry insiders had an in-depth discussion on the relevant hot issues to further promote the friendly cooperation and communication between the two sides.
      • AnJie Broad Partners An Shouzhi, Wan Jia, and Liu Hongchuan Invited to Participate in FDI Moot Shenzhen 2023
        In August 2023, FDI Moot Shenzhen 2023 hosted by Shenzhen Court of International Arbitration (SCIA) came to a successful end. Anjie Broad, as the supporting law firm, has actively engaged in the tournament, exerting its legal expertise and sharing legal practice experience. AnJie Broad Partners An Shouzhi and Wan Jia acted as referees in the online tournament, providing precise guidance and comments for the competitors and injecting professional strength into the competition. AnJie Broad Partner Liu Hongchuan acted as the chief referee of the offline contests, to ensure the fairness and professionalism of the competition.
      • Seminar on International Arbitration Practice of Jiangsu Lawyers Association Arbitration Committee Successfully Held
        On 12 August 2023, the seminar on international arbitration practice of Jiangsu Lawyers Association Arbitration Committee, organized by Anjie Broad Law Firm, was successfully held in Nanjing. AnJie Broad Partners Wang Xiaojun and Wei Xueping presented the keynote speeches on the Application of International Arbitration in Cross-border Intellectual Property Dispute Resolution, and the Recognition and Enforcement of Foreign Arbitral Awards in Chinese Courts respectively.
      • AnJie Broad’s Dispute Resolution Team Invited to Co-write the Latest Work of The International Arbitration Review
        AnJie Broad Partners Wan Jia, Cui Wei, Wu Shanshan, and Associate Zhu Bingjing, were invited as Chinese experts and responsible for drafting the Chinese chapter of the latest work of The International Arbitration Review. This chapter provides an overview of China’s laws and regulations on international arbitration, analyzes the dynamic development of international arbitration in China, and forecasts the future development.
      • AnJie Broad Partner Sun Xumin Appointed as Arbitrator of Dongguan Arbitration Commission 4
        In August, 2023, Dongguan Arbitration Commission published the new list of the Panel of arbitrators. AnJie Broad Partner Sun Xumin has been appointed as arbitrator of the Commission.
      • AnJie Broad Partners Ding Zhenyu and Jiang Yading Invited to Participate in Frankfurt Investment Arbitration Moot Court [Chinese Circuit] Competition
        From 8 May to 10 May, 2023, Frankfurt Investment Arbitration Moot Court CIETAC Chinese (Mainland) National Rounds were held in Jiangwan Campus of Fudan University in Shanghai. AnJie Broad Partners Ding Zhenyu and Jiang Yading participated in the competition as the referees in 7 matches. They graded the participants in terms of their understanding of the facts and laws, logic of debate, ability of expression, preparation, and answering skills, and also actively communicated with the participants.
      • Several AnJie Broad Partners Appointed as the 6th Session of Nanjing Arbitration Commission
        In April 2023, the Nanjing Arbitration Commission announced the new Panel of Arbitrators of Nanjing Arbitration Commission. AnJie Broad Partners Liu Hongchuan, Wang Xiaojun, Wang Xiujuan, Wang Yong, Zhan Hao and Zhang Haixiao were appointed as arbitrators of the 6th session of Nanjing Arbitration Commission. Among them, Zhan Hao and Wang Yong are reappointed. The new arbitrators of Nanjing Arbitration Commission commence their duties on 4th March 2023, and the term of appointment is five years.

      II. AnJie Broad’s Observations on Int’Commercial Arbitration

      • Arbitration Case Review

      1. AnJie Broad Represents a Private Fund to Recover All the Performance Commitment Compensation for the Actual Controller of the Portfolio Company and the Interest and Fee Thereon

      AnJie Broad Partners Liu Hongchuan, associate Yan Fang and Wang Shijia filed for arbitration before Shenzhen International Court of Arbitration and assisted a private fund to successfully recover all the performance commitment compensation to the actual controller of a portfolio company in a total amount of more than RMB42 million in cash compensation, interest and fee thereon.

      【Case Background】

      The fund, as an investor, made equity investment in a high-tech company, of which the respondent is the actual controllers, and has set forth performance commitment, valuation adjustment and compensation arrangement in the Capital Increase Agreement. Subsequently, the portfolio company failed to fulfill its performance commitment, and the fund requested the actual controller to make equity compensation and entered into the Equity Compensation Agreement with the actual controller, which has not been actually performed. Thereafter, the fund and the respondent entered into the Cash Compensation Agreement regarding cash compensation in lieu of equity compensation, providing that the respondent shall pay a certain amount of cash compensation to the fund in lieu of equity compensation. The fund has exited the portfolio company by way of equity transfer, but the respondent has not paid most of the cash compensation and interest accrued thereon.

      【Arbitration Process and Significance of the Case】

      After being engaged by the fund, AnJie Broad Partner Liu Hongchuan, associate Yan Fang and Wang Shijia submitted an arbitration application to Shenzhen International Court of Arbitration to request the actual controller of the portfolio company to pay the remaining cash compensation and interest thereon. The respondent filed its reply in respect of the validity of the Cash Compensation Agreement, breach of the fund, and the cash compensation agreement terminated due to the fund’s exit from the target company, etc.

      By collecting and combing various agreements, letters, bank payment vouchers, e-mails, WeChat records and other evidence between the parties, the AnJie Broad team forcefully proved to the tribunal that it is a reasonable business arrangement agreed by the parties to replace the original equity compensation, and the parties have never reached any consensus with respect to the rescission or termination of the Cash Compensation Agreement. The Claimant has performed the obligation in accordance with the Cash Compensation Agreement, which is legitimate and valid. Moreover, the Cash Compensation Agreement is a termination and replacement of the original legal relationship between the parties with respect to the earn-out and compensation, which is independent of other transaction documents and is irrelevant to the shareholder status of the Claimant. Therefore, the Respondent shall continue to perform the obligation and pay the Claimant the remaining compensation and interest thereon.

      Finally, the tribunal supported the Claimant’s claims, ruling that the Respondent shall pay the remaining compensation and interest thereon in a total amount of more than RMB42 million in accordance with the Cash Compensation Agreement and pay all attorney fees and arbitration fees to the Claimant.

      2.AnJie Broad Successfully Provided Domestic Enterprises with Arbitration Service in Hong Kong Enriching the Practice of the Maritime Silk Road International Commercial and Maritime Dispute Preferred Seat

      AnJie Broad received the Consent Award by a tribunal consisting of Mr. Philip Yang, Mr. Patrick O’Donovan and Mr. Danny Mok, international arbitrators from the United Kingdom and Hong Kong, successfully saving domestic enterprises from losses of nearly RMB10 million and enriching the legal practice of the Maritime Silk Road International Commercial and Maritime Dispute Preferred Seat.

      In this case, the domestic enterprise, as agent, entered into a shipbuilding contract on behalf of a domestic shipyard and an Indonesian buyer. In the case, the shipbuilding contract was one given up by the previous Indonesian buyer, and was to be performed again with a new buyer. Accordingly, the domestic shipyard signed a shipbuilding contract with the new buyer according to the introduction of the previous buyer, and agreed on the advance payment made by the previous buyer as the advance payment of the shipbuilding contract. After the signing of the shipbuilding contract, due to market changes and the downturn of the international marine engineering market, the new buyer failed to pay for the subsequent shipbuilding, and the domestic shipyard fell into bankruptcy for the market reasons. The new buyer retained a Singapore Law Firm and initiated an ad hoc arbitration in Hong Kong, the arbitration place stipulated in the arbitration clause. The new buyer claimed termination of the shipbuilding contract and restitution of the advance payment of the contract and the liquidated damages. The arbitration place of the case was the Hong Kong SAR, with the Arbitration Ordinance of Hong Kong as the procedural law, and English law as the substantive law.

      Upon entrustment by the client, AnJie Broad formed a legal service team, led by Partner An Shouzhi, Wang Yong, Yang Manzhen, Xu Kun, Han Ziwei and Liu Xueqi as members, to provide the client with whole-process arbitration legal services. With full understanding of the facts of the case, the attorney team reviewed in detail the performance of the contract by the former buyer as well as the details of the takeover by the new buyer, pointed out to the tribunal that the new buyer had not actually paid any advance payment, and was not entitled to claim for the advance payment paid by the former buyer, and that the new buyer failed to make payment in the currency agreed upon in the contract, which constituted a breach of contract. In addition, AnJie Broad team took full advantage of the rules of evidence discovery in international arbitration proceedings. By requesting the new buyer to disclose the relationship between it and the former buyer as well as the transaction documents, they brought the new buyer back to the negotiation table and finally reached a settlement agreement of US $330,000, upon which the tribunal rendered a Consent Award, successfully saving losses of nearly RMB10 million for the domestic company.

      III. News on Int’Commercial Dispute Resolution

      • Arrangements for Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Cases Between Courts of the Mainland and Hong Kong SAR Officially Implemented in Hong Kong SAR 5
        On 29 January 2024, the Secretary for Justice of the Hong Kong SAR has appointed the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (the “Ordinance”) officially comes into operation, and the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Rules (the “Rules”) concluded in accordance with Article 35 of the Ordinance shall come into effect on the same day. The Ordinance establishes a comprehensive mechanism for reciprocal enforcement of judgments in civil and commercial matters between Hong Kong and the Mainland, clarifying the mechanism for the registration of civil and commercial judgments in Hong Kong, and for the issuance of certified texts and certificates in respect of civil and commercial judgments made in Hong Kong. The Rules further set forth provisions regarding the application for the registration, enforcement, issuance of certificates and payment of relevant fees with respect to civil and commercial judgments of the Mainland. Through the specific mechanism of the Ordinance and the Rules, the Arrangements for Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Cases between Courts of the Mainland and Hong Kong SAR will officially come into effect in Hong Kong SAR.
      • The 2024 China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules Comes Into Force on 1 January 2024 6
        On 2 September 2023, the China Council for the Promotion of International Trade and the China Chamber of International Commerce approved the revision of the Arbitration Rules of the China International Economic and Trade Arbitration Commission, which only reflects the direction of the Commission’s integration with international arbitration practices and continuous internationalization, and also reflects the Commission’s practical commitment to implement the concept of facilitating arbitration users and “user friendly” at the rule level. Further improvement and innovation of arbitration rules will certainly play a positive role in enhancing the competitiveness of China’s arbitration in the global arena. The revised Arbitration Rules have come into effect on 1 January 2024.
      • The Supreme People’s Court Promulgated the Guidelines for “One-Stop” Diversified International Commercial Dispute Resolution Platform (for Trial Implementation) 7
        On 29 December 2023, the Supreme People’s Court promulgated the Guidelines for “One-stop” Diversified International Commercial Dispute Resolution Platform (for Trial Implementation) (the “Guidelines”). The Guidelines provide specific operational guidelines for optimizing the diversified dispute resolution mechanism for international commercial disputes which organically connects litigation with mediation and arbitration, better giving play to the function of the “one-stop” diversified dispute resolution platform for international commercial disputes, and solving the bottlenecks and difficulties in the development of the diversified dispute resolution mechanism for international commercial disputes. The Guidelines officially comes into force on 30 January 2024.
      • The 2023 Annual Conference of the China Academy of Arbitration Law and the Sixteenth Forum of China Arbitration and Justice Held Successfully 8
        From 23 to 24 December 2023, the Annual Conference of the China Academy of Arbitration Law and the Sixteenth Forum of China Arbitration and Justice with the theme of “High-quality Development of Arbitration in the New Era” was held in Kunming. The forum was hosted by China Arbitration Law Research Society, hosted by Kunming Arbitration Commission, and co-organized by CIEC and China Maritime Arbitration Commission. The participating experts spoke freely on hot and focal issues of international and domestic arbitration, expressed their insights and suggestions for promoting the high-quality development of arbitration in China.
      • The Symposium on Recent Trends in International Commercial Arbitration and Attorneys’ Representing Skills Held Successfully 9
        On 21 December 2023, the symposium on “The Recent Development Trend of International Commercial Arbitration and Lawyer Agency Skills” co-sponsored by CIETAC Hubei Branch and Wuhan Lawyers Association was successfully held in Wuhan. More than 100 people from central part of China, including arbitrators, judges, lawyers, corporate lawyers and university teachers and students, attended the symposium. This event invited a number of international commercial arbitration theory and practice experts to discuss, analyze and judge the development trend of international commercial arbitration and the development direction of China’s arbitration, and aimed to help lawyers improve the skills and practical expertise in representation in commercial arbitration.
      • The Central Asia Trial Center of CIETAC Held Its First Trial 10
        On 14 December 2023, the Central Asia Trial Center of the CIETAC held its first hearing of two foreign-related arbitration cases. The two cases are disputes over contracts for the international sale of goods, involving Chinese companies importing agricultural products from Kazakhstan and Russia respectively. The Central Asia Trial Center held its first trial in less than 45 days after its establishment, reflecting the urgent needs of parties involved in Xinjiang and neighboring countries and regions for dispute resolution, and further demonstrating the necessity of establishing a Central Asia trial Center in Xinjiang. At the same time, the active choice of the parties to conduct the trial in the Central Asia Trial Center also demonstrates the recognition and trust of the parties to the credibility and reputation of the center in the field of dispute resolution.
      • The 2023 Belt and Road High-level Dialogue on International Commercial Arbitration Held Successfully 11
        On 7 December 2023, the 2023 Belt and Road High-level Dialogue on International Commercial Arbitration was successfully held. The Dialogue was co-hosted by ICC China, CIETAC, China Maritime Arbitration Commission (CMAC), and ICC International Court of Arbitration (ICC Court). With the subject of “International Commercial Arbitration Advances New Development in BRI”, focusing on three topics, namely, “Path to Openness: Hot-button Issues of Arbitration under the Belt and Road Initiative”, “Path to Innovation: Intellectual Property and Diversified Dispute Resolution” and “Path to Sustainable: Energy Transition and International Arbitration”, speakers and presenters shared and exchanged their views. More than 300 people, including experts, scholars, representatives of business associations and entrepreneurs from the legal, economic and arbitration sectors, attended the conference.
      • Beijing Arbitration Commission and Asian-African Legal Consultative Organization Work Hand in Hand to Promote the Development of International Arbitration Cooperation 12
        On 5 December 2023, Beijing Arbitration Commission (or Beijing International Arbitration Center) and Hong Kong Regional Arbitration Centre of Asian-African Legal Consultative Organization (AALCO-HKRAC) jointly signed a Cooperation Memorandum during the “AALCO Annual Arbitration Forum 2023”, with the expectation to advance the cooperation and development in the field of international arbitration together. AALCO-HKRAC was jointly established by AALCO and the Chinese government. It is the sixth regional arbitration center established under AALCO, which was established in November 2021. AALCO-HKRAC aims to promote the development of arbitration and other alternative dispute resolution services, to facilitate ad hoc arbitration in and outside China, and to promote diversified alternative dispute resolution.
      • Shanghai Arbitration Commission Obtained First Investigation Order in Assisting Arbitration Institution 13
        On 1 December 2023, on the first day of the implementation of the Decision of the Standing Committee of the Shanghai Municipal People’s Congress on Revising the Regulations of Shanghai Municipality on Optimizing the Business Environment, the Primary People’s Court of of Minhang District of Shanghai Municipality, upon the application of the Shanghai Arbitration Commission, handled the first case involving the issuance of an investigation order by a court upon the application of an arbitration institution, giving judicial support to arbitration, which is an active practice optimizing the active the business environment.
      • Memorandum Signed among Hainan International Arbitration Court, Asian International Arbitration Centre and Asian Institute of Alternative Dispute Resolution 14
        On 27 November 2023, the China-Hainan Free Trade Port-Malaysia Two-Way Cooperation Promotion Conference on the theme of “Sharing New Opportunities for the Free Trade Port and Creating a New Future for RCEP” was held in Kuala Lumpur, Malaysia. Hainan International Arbitration Court entered into a Cooperation Memorandum with Asian International Arbitration Centre and Asian Institute of Alternative Dispute Resolution respectively. In accordance with the Memorandum, the Parties will cooperate in sharing hearing venues and facilities, recommending arbitrators and mediators to each other, jointly promoting international arbitration systems, and holding international arbitration forums and seminars.
      • SIAC and SCIA Jointly Hosted a Keynote Symposium in Qianhai International Arbitration Tower 15
        On 15 November 2023, the keynote symposium on “Innovations in International Arbitration Rules and Resolution of Cross-border Bankruptcy Disputes” co-hosted by Singapore International Arbitration Centre (“SIAC”) and Shenzhen Court of International Arbitration (“SCIA”) was held at the SCIA Tower. This symposium, focusing on two themes, namely “Latest Developments in International Arbitration: Reform, Innovation and Trends of Systems and Rules” and “The Role of Arbitration in Resolution of Cross-border Bankruptcy Disputes”, invited many guests from enterprises, law firms, arbitration institutions and other places from Singapore, Beijing, Shanghai, Hong Kong and Shenzhen to discuss the latest developments in arbitration rules in China, especially in the Greater Bay Area, and in Singapore, as well as the role and function of arbitration in resolution of cross-border bankruptcy disputes.
      • A Cooperation Memorandum Signed among Beijing Arbitration Commission, Asian International Arbitration Centre and Asian Institute of Alternative Dispute Resolution 16
        On 14 November 2023, the Beijing Arbitration Commission/Beijing International Arbitration Center, the Asian International Arbitration Center (“AIAC”) and the Asian Institute of Alternative Dispute Resolution (“AIADR”) jointly signed a Cooperation Memorandum during the Asia-Pacific Regional Arbitration Group (APRAG) Conference. In accordance with the Memorandum, the Parties will jointly promote international arbitration cooperation and advance the international development of diversified dispute resolution services by establishing a mechanism of expert recommendation and academic sharing and strengthening information exchange and cooperation, to realize resource sharing.
      • International Arbitration in Changing Times: Meeting Challenge, Bridging Divide —Successful Convening of the APRAG Conference 2023 17
        From 13 to 15 November 2023, the 8th Asia Pacific Regional Arbitration Group (APRAG) Conference, hosted by the Beijing Arbitration Commission/Beijing International Arbitration Center (“BIAC”), themed “International Arbitration in Changing Times: Meeting Challenge, Bridging Divide,” took place successfully held in Beijing. The conference focused on issues of arbitration reform, user expectations in arbitration, and the construction of international arbitration hubs confronted with the Asia-Pacific region, and looked ahead to the future development of investment arbitration, artificial intelligence, and big data in the Asia-Pacific region. Anjie Broad Law Firm participated in the conference as a Gold Sponsor, and Partners Liu Hongchuan, Cheng Mingzhu, Wan Jia and Cui Wei attended several seminars.
      • Report on AI in IA: The Rise of Machine Learning Released 18
        On 9 November 2023, Bryan Cave Leighton Paisner LLP issued a report titled AI in IA: The Rise of Machine Learning. According to a survey conducted among 221 lawyers, arbitrators and in-house counsels from various jurisdictions. The report analyzes certain issues, including the expected benefits and risks of utilizing artificial intelligence (AI) tools, the necessity to disclose information on the use of AI tools, the impact of AI tools on the integrity of evidence, and the necessity to apply AI tools in arbitration.
      • The Fujian Province Cross-Strait Maritime Dispute Resolution Center Established
        On 9 November, 2023, the Fujian Province Center for Resolution of Maritime Disputes Involving Taiwan (the “Center”) was officially established in Xiamen. As the first center for resolution of maritime disputes involving Taiwan in China, the Center aims to provide a “one-stop” legal service offering maritime legal consultations, public legal education, dispute resolution, and other services for Taiwanese residents and businesses. Furthermore, the Center will explore innovative legal services for cross-strait maritime affairs, promote the establishment of diverse dispute resolution mechanisms, enrich experiences in public legal services concerning cross-strait affairs, provide legal support for economic and trade exchanges and close personnel interactions across the strait, and aid Fujian’s exploration of new paths for integrated development across the strait and the construction of a demonstration zone for cross-strait integrated development.
      • The 5th Shanghai International Arbitration Forum Held Successfully 19
        On 8 November 2023, the 5th Shanghai International Arbitration Forum & Shanghai Arbitration Week 2023 Opening Ceremony was held successfully. Themed “New Technologies, New Tracks and New Momentum, New Advantages”, the Forum invited more than 400 domestic and foreign well-known international organizations, arbitration institutions, arbitrators, lawyers, experts and scholars, relevant chambers of commerce (associations) and industrial organizations, and representatives of the trade group of the Sixth China International Import Expo from more than ten countries and regions to participate in the activities online and offline. The opening ceremony of Shanghai Arbitration Week 2023 was also successfully held at the Forum. With exchanges and discussions centering on commercial dispute resolution, digital arbitration and talent development, presenters jointly introduced the legal system of arbitration to enhance the international community’s understanding and recognition of arbitration in Shanghai and promote the international credibility, attractiveness and impact of Shanghai arbitration.
      • HKIAC + SHIAC | Renewing the Cooperation Between the Two Places and Jointly Promoting the Development of Arbitration 20
        On November 4, 2023, the signing ceremony for the 20th anniversary of the Shanghai-Hong Kong cooperation conference mechanism was held in Shanghai. Yang Ling, Deputy Secretary-General of HKIAC, and Zhou Minhao, Chairman of SHIAC signed the Cooperation Agreement on behalf of the two institutions. Since the signing of the Cooperation Agreement for the first time in 2018, the two institutions have carried out multi-dimensional cooperation in promoting the development of international arbitration and diversified dispute resolution in the two places, which yielded good results. The two parties have agreed that the renewed Cooperation Agreement would deepen the communication and connection between the two institutions, and establish closer cooperative partnership in further promoting the cooperation in organizing professional forums and activities, mutually sharing arbitration information and research results, recommending arbitrators and legal experts. Additionally, it will help reciprocally provide court trial facilities, boost high-quality development of the economic and trade cooperation between Shanghai and Hong Kong.
      • HIAC Promulgated Rules for Assisting Ad Hoc Arbitration 21
        On November 1, 2023, Hainan International Arbitration Court Rules for Assisting Ad Hoc Arbitration (Provisional) (the “Rules”) was promulgated and came into effect simultaneously. The promulgation of the Rules provides convenient and efficient assistance and services for ad hoc arbitration, and facilitates the complementary functions between institutional arbitration and ad hoc arbitration. With detailed and practical content, the Rules is an important achievement of the HIAC in improving the arbitration system and optimizing the arbitration mechanism, which will consequently further enhance the international influence and international image of the HIAC.
      • SIAC-HIAC Seminar: Ten-Year Review on BRI Disputes Successfully Held 22
        On 24 October 2023, the Singapore International Arbitration Centre (SIAC) and the Hainan International Arbitration Court (HIAC) co-organized a seminar on “Ten-Year Review on BRl Disputes: Trends and Opportunities Ahead” at Maxwell Chambers. This seminar delved into critical topics shaping the world of international arbitration and dispute resolution, with a particular focus on the Belt and Road initiative (BRl). Distinguished experts and practitioners from China and Singapore came together to explore key issues through a compelling keynote address and insightful discussions. The seminar compared the arbitration and mediation systems of the two countries, which enabled the online and offline participants to further understand the differences in the “arbitration + mediation” models of the two countries, the reasons for the formation of the two countries, and the emphasis of their respective issues, so as to jointly concrete a new chapter of international cooperation in arbitration.
      • The United Nations Commission on International Trade Law Issues the UNCITRAL Code of Conduct for Arbitrators in International Investment Dispute Resolution, the UNCITRAL Guidelines on Mediation for International Investment Disputes and the UNCITRAL Model Provisions on Mediation for International Investment Disputes 23
        On 15 September 2023, the United Nations Commission On International Trade Law (the“UNCITRAL”) issued the the UNCITRAL Code of Conduct for Arbitrators in International Investment Dispute Resolution (the “Code for Arbitrators”). As an important part of the reform of the investor-state dispute settlement system, the adoption of the Code for Arbitrators helps regulate the conduct of arbitrators, clarify the relationship between arbitrators and parties to arbitration proceedings, and emphasize the values that arbitrators should share and express.
        On the same day, the UNCITRAL issued the UNCITRAL Guidelines on Mediation for International Investment Disputes (the “Guidelines”) and the UNCITRAL Model Provisions on Mediation for International Investment Disputes, to encourage the parties to resolve international investment disputes by means of mediation. In particular, by listing and briefly explaining the issues to be considered in investment mediation, the Guidelines provide practical guidance for parties to use mediation.
      • The Law Commission Published the Review of the Arbitration Act 1996: Final Report and Bill and Draft Law Revision 24
        It has been more than 25 years since the Arbitration Act 1996 of England came into force. To further consolidate London’s position as the first choice for international arbitration, the UK government requested a review to see if there was a need for amendment. On 6 September 2023, the Law Commission of the UK published the Review of the Arbitration Act 1996: Final Report and Bill. The Review discusses and proposes changes to ten major issues including confidentiality of arbitration, independence of arbitrators and the disclosure regime, discriminatory issues in arbitration, immunity of arbitrators, Ad Hoc Rulings in apparent lack of merit, courts’ powers in support of the arbitral procedures, emergency arbitrators, challenges to awards on the ground that the tribunal lacks substantive jurisdiction, appeals on matters of law, and the applicable law to the arbitration agreement.
      • A United States District Court Case: “Submitting to CIETAC Beijing or to Any Other Courts of the United States Capable of Settling International Arbitrations” Is Valid25
        On 31 July 2023, the United States District Court for the Eastern District of Pennsylvania rendered a judgment, holding that the arbitration clause which provides that “disputes shall be submitted to CIETAC in Beijing or to any other courts of the United States capable of resolving international arbitrations and shall apply CIETAC’s rules” is valid. Since the parties cannot unanimously agree on the selection of an arbitration institution and application of CIETAC’s rules in the United States, the court will, according to the terms of the agreement, mandate an arbitration in CIETAC and stay the case until it is resolved.
      • Hong Kong Courts: Arbitrators Are Entitled to Immunity 26
        On 31 July 2023, the Court of First Instance of Hong Kong made its judgment in the case of Song Lihua v Lee Chee Hon [2023] HKCFI 1954 (31 July 2023). Judge Mimmie Chan held that, in the absence of fraud or bad faith, arbitrators are generally entitled to immunity, which means that arbitrators should enjoy immunity from suit for any act performed by them and should not be compelled to testify as to their exercise of the arbitral function. This case is of great significance to arbitrators in Hong Kong and other jurisdictions, since it confirmed that arbitrators generally enjoy immunity from liability and will not be sued or compelled to testify as a result of exercising the arbitral function.
      • Hong Kong Court: Whether Pre-conditions of Arbitration Clause Have Been Met Generally Does Not Concern the Tribunal’s Jurisdiction 27
        On 30 June 2023, the Court of Final Appeal in Hong Kong made a leading judgment on whether the “prerequisites” for arbitration set out in the multilevel dispute resolution clause involved the jurisdiction of the tribunal or merely the admissibility issue in the case of C v D [2023] HKCFA 16.
        A majority of judges noted that, whether the parties have performed the pre-obligations set out in the arbitration clause (such as negotiating in good faith) is an issue relating to the admissibility of the claims in the arbitration, and generally does not involve the issue of jurisdiction of the tribunal in the case. As a result, generally, the dispute will be finally referred to the tribunal for decision and the court will not interfere, nor will it re-examine the merits of the tribunal’s award. Besides, as the dispute does not generally involve the issue of jurisdiction of the tribunal, the Hong Kong court will not set aside the award on that ground.
      • Australian Courts: Insolvency Disputes Can Be Arbitrated 28
        In May 2023, two Australian courts handed down judgments as to whether insolvency disputes can be submitted to arbitration under a pre-exist arbitration agreement in different circumstances. The judgments focused on the following two issues:
        (1) the types of insolvency matters that should be resolved by arbitration; and
        (2) under what circumstances, a third party may participate in an arbitral proceeding and present a claim or defence “through or under” the parties to the arbitration agreement.
        The judgments confirmed the sophisticated and nuanced approach taken by Australian courts in balancing the arbitration regime and the insolvency proceedings.

      Footnotes:

      [1] https://lfac.org.cn/zxdt/808.jhtml

      http://zcb.rizhao.gov.cn/art/2023/8/24/art_30732_10281679.html

      http://fzzcw.org.cn/#/detail/60?categoryName=%E5%85%B3%E4%BA%8E%E6%88%91%E4%BB%AC&subCategoryName=%E9%80%9A%E7%9F%A5%E5%85%AC%E5%91%8A

      [2] https://www.shiac.org/pc/SHIAC?moduleCode=experts

      [3] http://tjac.org.cn/wap/article/index.html?id=927

      [4] http://www.arbdg.com/user/list_1_4_349.html

      [5] https://mp.weixin.qq.com/s/5um1NBv5y3aZSfaM2vH2iw

      [6] https://www.junhe.com/legal-updates/2263

      [7] https://mp.weixin.qq.com/s/d6pVGJ_smjqswnYrO31I6g

      [8] https://mp.weixin.qq.com/s/3yxCRoJjECD855QNnyiL_w

      [9] https://mp.weixin.qq.com/s/sM-x_BXy8S1LQ_LVPUKHaA

      [10] https://mp.weixin.qq.com/s/KubQLfY_2bq6AQqe6v8iYw

      [11] https://mp.weixin.qq.com/s/wuDa9dVXR6VwKfr-EI5Lvg

      [12] https://mp.weixin.qq.com/s/XyaScslfh9ewZNhyIca-QA

      [13] https://mp.weixin.qq.com/s/15kBt-2SdZE8zD9VrdzMnA

      [14] https://mp.weixin.qq.com/s/OBq6dEmVtx_kBRJ0TZLm7A

      [15] https://mp.weixin.qq.com/s/m0yghJ9O7Q59GZNBzbG8wg

      [16] https://mp.weixin.qq.com/s/G9amoGBgPK9XSFjpQf9BzA

      [17] https://mp.weixin.qq.com/s/A-tCU9OHGJel0g-3RIpYLA

      [18] https://mp.weixin.qq.com/s/xhxob4sIHxlwWKSw8Sj9vw

      [19] https://mp.weixin.qq.com/s/TbkBfINW-TeslOSG9bv_jQ

      [20] https://mp.weixin.qq.com/s/mC0BGxdAaqwRrHdNKta3kg

      [21] https://mp.weixin.qq.com/s/Yb_N-6PrM9M4Ct02t0yXaQ

      [22] https://mp.weixin.qq.com/s/fiv9B9-k2iYK7O4_DzUMlw

      [23] https://mp.weixin.qq.com/s/_mRJZMFYbYnp_Er_sNSe9w

      [24] https://mp.weixin.qq.com/s/HbOleMrIj1sufsd1RcKkig

      [25] https://mp.weixin.qq.com/s/heUcdesG-jDziQzvpXDL1A

      [26] https://mp.weixin.qq.com/s/Bu4GbgiAA23OnlLMM8udIg

      [27] https://mp.weixin.qq.com/s/vAX98EPtXe4BW2RcqeccXA

      [28] https://mp.weixin.qq.com/s/vxfU_zm2RkesKXibHAtbtw