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China-Canada Maritime Arbitration Legal Practice seminar held in Beijing

Source:China Maritime Arbitration Commission Time:2019-11-21 16:14:01

On the occasion of the 60th anniversary of China Maritime Arbitration Commission (CMAC), CMAC and Vancouver Maritime Arbitrators Association (VMAA) jointly hosted the China-Canada Maritime Arbitration Legal Practice Seminar on November 21, 2019 in Beijing. The seminar focused on the development and innovation of foreign maritime dispute resolution paths and practical experience in foreign maritime dispute resolution under the background of "One Belt and One Road". More than 60 representatives from arbitration, business, legal and academic institutions attended the seminar.

 

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(Seminar site)


Mr. GU Chao, Secretary-General of CMAC, said in the opening speech that the international maritime arbitration has broad prospects for future development, and the seminars held by the two maritime arbitration institutions can help to enrich the experience of participating in international arbitration, deepen mutual reference and integration, enhance the level of international maritime arbitration specialization and service quality to better service to the clients.

Dennis Pong, the president of VMAA, said in his speech that arbitration is a common means to resolve international commercial disputes. Vancouver maritime Arbitration has a long history and rich experience, and can be an alternative for Chinese parties to conduct overseas arbitration.

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(From top left to bottom right are Mr. GU Chao, Secretary-General of CMAC, Mr. Dennis Pong, President of VMAA, Dr. CHEN Bo, Deputy Secretary-General of CMAC and Vice President of the Court of Arbitration, and Ms. LIANG Hua, Director of VMAA and arbitrator)


Topic 1 was presided over by Dr. CHEN Bo and Mr. John Joseph McIntyre, Vice President of VMAA, introduced the highlights of the 2016 Arbitration Rules of VMAA, especially contractual arbitrators, interim measures and other provisions. Ms. XIE Changqing, Deputy Secretary-General of CMAC, introduced the features of the Arbitration Rules of CMAC with the title of "Highlights and Practical Analysis of the Rules of CMAC in the Settlement of foreign Disputes" and expounds how to solve foreign commercial disputes efficiently and conveniently from the aspects of organization management, rules of arbitration place and language, trial mode, and the combination of intermediate mediation. Regarding the enforcement of arbitral awards, Mr. Peter Swanson, the former President of the VMAA, shared the legal basis and practice cases of Canadian courts refusing to recognize and enforce arbitral awards and also indicated that Canada, as a country incorporated into the United Nations Model Law on International Commercial Affairs, had a very friendly court attitude towards arbitration and the procedures for recognition and enforcement were very simple. Mr. NIU Lei, partner of Zhonglun Law Firm and arbitrator of CMAC, explained in detail the relevant provisions, main basis and process of CMAC's preservation measures, the recognition and enforcement of award and the determination of the validity of arbitration agreement.

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(From top left to bottom right are: Mr. John Joseph McIntyre, Vice Chairman of VMAA; Ms. XIE Changqing, Deputy Secretary-General of CMAC; Mr. Peter Swanson, former Chairman of VMAA; And Mr. NIU Lei, partner of Zhongren Law Firm and arbitrator of CMAC)


Topic 2 was chaired by Ms. LIANG Hua, director and arbitrator of VVMAA. Mr. ZHANG Xubo, arbitrator of China Sea Arbitration, introduced the key issues of drafting arbitration agreement from the following aspects: the determination of the scope of arbitration, the importance of the selection of arbitrators, the discrimination of the concept of arbitration place and the arbitration of related contract. Mr. Dennis Pong, Chairman of VMAA, explained the Canadian legal system and the supportive attitude of Canadian courts towards arbitration in practice. Mr. Peter Koh of VMAA explained the importance of applicable law and arbitration in resolving the disputes of the Belt and Road Initiative. By analyzing the efficiency of arbitration, Mr. SONG Dihuang, a partner of Huizhong Law Firm and arbitrator of CMAC, put forward suggestions to improve the arbitration procedure, encouraging the parties to reach an agreement on the procedure and to use the combination of mediation and arbitration to improve the efficiency.


During the interactive session, the participants actively asked questions on the issues they were concerned about, and the speakers answered them earnestly. The discussion atmosphere was warm.


By the end of the conference, Mr. GU Chao on behalf of CMAC expressed his gratitude to the co-host, VMAA, as well as the speakers at home and abroad who have worked hard for the seminar and all the participants. He also said that CMAC will continue to promote the arbitration concept, promote the construction of arbitration credibility, build a platform for the general maritime practice, and provide more opportunities for international exchanges.

Finally, VMAA also gave a gift to CMAC.

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