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China Maritime Arbitration Commission holds seminars and visits relevant institutions in Brazil

Source:China Maritime Arbitration Commission Time:2018-12-06 16:51:30

On the afternoon of December 6, 2018, China Maritime Arbitration Commission (CMAC) and the Chamber of Discipline, Mediation and Arbitration CIESP / Fiesp (hereinafter referred to as "the Center") jointly held Resolving Disputes Between Brazil and China in Maritime and Commercial Cases in Sao Paulo. A 9-member CMAC delegation composed of staff and arbitrators of CMAC, as well as more than 80 experts and practitioners from China and Brazil industry attended the seminar.

The opening ceremony of the seminar was presided over by Mr. Luís Peretti, Secretary General of the Center, Ms. Zou Xiaowei, Economic and Commercial Counselor's office of the Chinese Embassy in Brazil, Mr. José Carlos de magalhães, Vice Chairman of the Advisory Committee of the center, Ms. Xie Changqing, Deputy Secretary General of CMAC, Dr. Thomas law, President of Brazil and China Society for Social and Cultural Studies, delivered welcome speeches respectively. Ms. Xie Changqing said that with the deepening of economic and trade cooperation between China and Brazil, arbitration will play an increasingly important role in solving the increasing number of commercial and maritime disputes between China and Brazil; Due to the differences in culture, law and practical operation, the differences in the system and practice of arbitration between China and Brazil bring challenges and inconvenience to the parties, lawyers and arbitrators; Strengthen cooperation between arbitration institutions and build a discussion and exchange platform for the industry, which is conducive to mutual understanding and enhance the advantages of arbitration in solving commercial and maritime disputes between China and Brazil.

The seminar includes three themes, namely "Practical Guidance to Arbitration in Brazil and China", "Maritime Arbitration in Brazil and in China (mainland and Hong Kong)" and "the Enforcement of Arbitration awards in Brazil and China", which are respectively led by Lawyer Zhang Jun, partner of Demarest law firm; Professor Raphael Vianna, doctor of law and postdoctoral professor of maritime law at the first university of Paris; Mr. Zhang Xubo, President of Renxiang Insurance Appraisal Co., Ltd. Focusing on the themes of the seminar, Ms. Xie Changqing, Deputy Secretary General of CMAC, delivered a speech entitled "Practical Guidance to (Maritime) Arbitration in China", which introduced in detail the basic situation of dispute settlement in mainland China, as well as the role of Chinese arbitration in interim measures, arbitration institutions, arbitration place, arbitration language, selection of arbitrators The tribunal mode and the characteristic system and operation of the combination of arbitration and mediation. With the title of "Experience and Illumination of the Construction of Maritime ADR Mechanism in China", Ms. Wang Guohua, Dean of the Law School of Shanghai Maritime University, introduced the construction of the diversified maritime dispute resolution mechanism of Shanghai international shipping center, the problems existing in the mechanism, as well as the experience and Enlightenment of the construction of the mechanism, including paying attention to the needs of the maritime arbitration market Seize the reform opportunity of diversified dispute resolution mechanism and explore maritime interim arbitration. Lawyer Li Lianjun, partner of Reed Smith Pte. Ltd, delivered a speech entitled "Maritime Arbitration and Practice in Hong Kong", which introduced Hong Kong's global economic and trade status, Hong Kong's judicial system, Hong Kong's arbitration law and the advantages of Hong Kong's maritime arbitration, including Hong Kong's convenient geographical location, bilingual application of Chinese and English International arbitration institutions gather and China Maritime Arbitration Hong Kong arbitration center to provide comprehensive arbitration and mediation services. With the title of "Enforcement of Foreign Awards", lawyer Yan Bing, senior partner of RICC & CO., described the purpose of the New York Convention, Chinese law and judicial interpretation related to the enforcement and recognition of arbitral awards, the definition of foreign arbitral awards and the procedures for the enforcement of arbitral awards, The contents of the arbitration contract and the reasons for refusing to execute the arbitration award, etc.

On behalf of Brazil, Ms. Adriana Pucci, member, arbitrator and doctor of law of Ciesp/Fiesp Advisory Committee, doctor of law of the University of Sao Paulo, postdoctoral professor Eliane Octaviano Martins of Barcelona Autonomous University, Mr. José Carlos de magalhães and Dr. Thomas law introduced the systems, rules and regulations of arbitration in Brazilian commercial and maritime arbitration respectively around the above three themes Practice and the implementation and recognition of Foreign Arbitral Awards in Brazil. Finally, Mr. Huang Chenliang and Mr. Luís Peretti, senior case managers of CMAC Shanghai Branch, respectively introduced the history, business development and characteristics of arbitration rules of both parties.

As the one belt, one road strategy accelerating and the deepening of economic globalization, the economic and legal exchanges and cooperation between China and Brazil are deepening. The demand for arbitration and mediation services between China and the two countries will increase significantly. The seminar built a communication platform for the theory and practice of China Brazil arbitration dispute resolution, broadened the understanding of the legal and business circles on the arbitration between the two places, and improved the international image of China Maritime Arbitration in Latin American countries. In addition to holding the seminar, on 7th Dec, accompanied by Mr. Zhang Xin, chief representative of CCPIT's representative office in Brazil, the CMAC delegation visited the arbitration mediation center (CAM-CCBC) of the Brazilian Canadian Chamber of Commerce. The two sides introduced and exchanged information on the business development of their respective arbitration institutions and the characteristics of arbitration rules, and discussed the joint promotion of arbitration Mutual recommendation of arbitrators, provision of hearing facilities and service facilities to strengthen cooperation and reach a consensus.

On the same day, the delegation visited Demarest advogados law firm, one of the top three in Brazil, and had an exchange and discussion with Brazilian lawyers on the types of maritime disputes between the two countries, the maritime arbitration system and practice of the two countries, the business involving Chinese parties, the management of arbitration clauses, etc.


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