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China Maritime Arbitration Commission held seminars and visited relevant institutions in Panama

Source:China Maritime Arbitration Commission Time:2018-12-04 16:53:18

On December 4, 2018, China Maritime Arbitration (CMAC) and Panama Maritime Mediation and Arbitration Center (CECOMAP) jointly held a seminar on the theme of "Sino Panama Seminar on Maritime Arbitration and law" in Panama City, Panama, Nine members of the CMAC delegation composed of staff and arbitrators of CMAC, as well as more than 60 experts, scholars and industry figures from China and Panama attended the seminar.


The opening ceremony of the seminar was presided over by Mr. José Ma ALCántara González, an internationally renowned Maritime Arbitrator. Ms. Iria Isabel Barrancos, chairman of CECOMAP, Ms. Xie Changqing, Deputy Secretary General of CMAC, and Mr. Christopher O. Davis, Chairman of the International Maritime Commission (CMI), delivered speeches respectively. In her speech, Ms. Xie said that since the establishment of diplomatic relations between China and Panama in June 2017, the economic and trade cooperation between the two countries has deepened, and President Xi Jinping's recent visit to Panama will push the cooperation between the two countries to a new height. As an international commercial and maritime dispute settlement mechanism, arbitration will play a more and more important role in solving the increasing commercial and maritime disputes between China and Panama. In this context, it is necessary to show and discuss the differences in arbitration laws and practices between the two countries through this seminar, enhance mutual understanding and integration, and promote the further application of arbitration methods in the industries of China and Panama.


The seminar was chaired by Mr. Zhang Xubo, President of Renxiang Insurance Appraisal Co., Ltd. and Mr. José Ma Alcántara González, respectively. Ms. Xie Changqing, Deputy Secretary General of CMAC, delivered a speech entitled "Practical Guidance to (Maritime) Arbitration in China", which introduced in detail the embodiment and measures of China's (maritime) arbitration in continuously promoting internationalization, as well as China's arbitration in interim measures, the role of arbitration institutions, arbitration place, arbitration language, selection of arbitrators The tribunal mode and the characteristic system and practical operation of the combination of arbitration and mediation. Mr. Huang Chenliang, senior case manager of CMAC Shanghai Branch, introduced the history, business development and characteristics of arbitration rules of China Maritime Arbitration Commission with the title of "China Maritime Arbitration Commission: past and present". Mr. Xu Huilin, marketing director of the head office of Tian'an Property Insurance Co., Ltd., general manager of shipping insurance center and general manager of reinsurance department, described the development process of shipping insurance in China, relevant legal systems and dispute resolution of shipping insurance under the title of "Opportunities and Challenges: Marine Insurance and Maritime Arbitration in China". 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, 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.


Panamanian speakers include Mr. Alvaro cabal, former Chief Legal Officer of the Panama Canal Authority, Mr. Francisco Linares, partner lawyer of Morgan & Morgan attorneys, Mr. Eduardo De Alba, partner lawyer of ARIFA attorneys, and Ms. Margie Jaime, FCI arbitrator and former legal adviser to the Ministry of Commerce of Panama. They published "Panama in the crossroads of international shipping trade: the Canal and Ports connectivity", "Arbitration Law in Panama: sustainability of Panama as a site for arbitration of maritime disputes", "the international law perspective from Panama: the New York 1958 and the InterAmerican 1975 arbitration conventions" and “CECOMAP and the Road Ahead: Challenges and Opportunities for the Maritime Arbitration Practice in Panama”.


After the seminar, CMAC and CECOMAP,held a signing ceremony of the arbitration friendly cooperation agreement. Ms. Iria Isabel Barrancos, Chairman of CECOMAP, and Ms. Xie Changqing, Deputy Secretary General of CMAC signed the friendly cooperation agreement on behalf of both institutions. The signing ceremony was witnessed by Mr. S.E. Luis Miguel Hincapé, Vice Minister of foreign affairs of Panama, Mr. S.E. Jorge Barakat, Director of the Maritime Administration of Panama, and Ms. Liliana Sánchez O., Secretary General of the Panama Arbitration and Mediation Center. Panama's local television media interviewed and reported on the signing ceremony. According to the agreement, the two sides will jointly promote maritime arbitration, mediation and diversified dispute resolution mode in China and Panama, jointly hold a symposium on maritime arbitration, recommend arbitrators to each other, and provide court assistance and facilities to each other.


Ms. Xie Changqing, Deputy Secretary General of CMAC, said in a speech and interview at the signing ceremony: China's One belt, One road cooperation agreement between China and Panama has been launched in all fields, including arbitration. Today, the signing of the cooperation agreement between the two agencies coincides with the historic moment of President Xi Jinping's first visit to Panama. CMAC is looking forward to working with CECOMAP to seize the opportunities of the times and carry out various forms of cooperation, providing a high quality arbitration and mediation service for the maritime disputes between the two countries.


In addition to the seminar, on December 3, the CMAC delegation also visited Patton, Moreno & Asvat law firm and exchanged views with Panamanian lawyers on Panama's maritime dispute resolution system, maritime preservation measures and enforcement procedures of Panamanian courts, the management of dispute resolution clauses, and the basic situation and characteristics of Maritime Arbitration between China and Panama; On the same day, the delegation participated in the "China Panama economic and Trade Cooperation Forum" organized by the China Council for the promotion of international trade.


On December 5, the delegation visited the Panama Canal Authority to investigate and investigate the construction history of the Panama Canal, the passage of Chinese ships through the canal, the daily operation and management mode of the canal.


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