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Working Report of 2012 and Working Plan of 2013 (Excerpt)
(21 January, 2013, Beijing)
Yu Jianlong
Vice Chairman and Secretary-General of CIETAC Working Review 2012
Commercial Arbitration In 2012, China International Economic and Trade Arbitration Commission (CIETAC) and China Maritime Arbitration Commission (CMAC), upholding the principle of “accurate positioning, enhancing foundation, and restructuring and upgrading”, have delivered a strong performance in their various businesses by promoting reform and improving service.
I. Increase in caseload and the amount of claim
In 2012, CIETAC witnessed a favorable situation, as evidenced by an increase in both the caseload and the amount of claim. CIETAC accepted 1,060 cases in total, including 331 foreign-related ones and 729 domestic ones; the total disputed amount rose to 15.47275 billion yuan, 3.51336 billion yuan more than a year earlier, up by 33.77% year on year; parties involved covered 46 countries and regions; Altogether 720 cases were closed. CMAC accepted 82 cases in total last year, with a disputed amount adding up to 1.406 billion yuan, and closed 57 cases. The domain name center accepted 208 cases, increased by 21% year on year, and closed 187 cases. In general, the cases handled by CIETAC were characterized as follows. First, the number and disputed amount increased noticeably. Second, the number of high-profile cases and cases of public interest increased. Third, case covered a wide range of areas and the number of new types of cases increased. Fourth, cases applying summary procedures increased noticeably after the 2012 Arbitration Rules came into effect, accounting for almost 60% of the caseload. Fifth, cases applying 2012 Arbitration Rules existed alongside with cases applying 2005 Arbitration Rules, making case administration more complicated. Sixth, parties displayed more diversity and individuality in their agreement on arbitration clauses, giving better play to party autonomy.
II. Revision of Articles of Association, and the Arbitration Rules
To internationalize and modernize its services, CIETAC, acting in the principle of openness and transparency, respect for history and benefit to the arbitration business, revised its Articles of Association and the Arbitration Rules in strict accordance with the relevant procedures and the Arbitration Law. The new Articles of Association came into effect on March 1, 2012. The 2012 Arbitration Rules, legally revised and adopted by CCPIT (China Chamber of International Commerce, CCOIC) on February 3, 2012, came into effect on May 1, 2012.
Drawing on advanced practices at home and abroad, the 2012 Arbitration Rules further highlight the internationalized service of CIETAC, show more respect for party autonomy and further improve the arbitration procedures. The 2012 Arbitration Rules are advanced, innovative, internationalized and modernized. They fully present the position CIETAC sets for itself, i.e. international image of Chinese arbitration, Chinese characteristics in international arbitration”, and have received positive comments from the arbitration and legal communities at home and abroad.
III. Focus on case administration, enhance the sense of responsibility and quality of service
Focusing on case handling, CIETAC and CMAC enhanced its training on arbitrators and case managers, conducted reform on hearing, formulated Guidelines on Evidence, and promoted the internationalization of case procedures. CIETAC organized arbitrators to study the 2012 Arbitration Rules, and held seminars for presiding arbitrators to increase their expertise. CIETAC and CMAC invited scholars and experts at home and abroad to discuss hot issues in arbitration, and organized a series of lectures for its commission members and arbitrators to spread knowledge and boost the influence of CIETAC. Efforts were also made to enhance the sense of responsibility and professional skills of case managers.
IV. Restructure and upgrade business besides arbitration
CIETAC endeavored to enrich services and achieved new breakthroughs in restructuring and upgrading business. In 2012, in support of the consultation on and execution of the Cross-Straits Agreement on Investment Protection and Promotion, CIETAC prepared for the establishment of an Investment Dispute Resolution Center to mediate disputes on investment compensation between a private investor and the other party under this Agreement. The CIETA Hong Kong Arbitration Center was set up, marking the first step for CIETA’s arbitration service to “go out”. CIETAC also signed a cooperation agreement with the International Centre for Settlement of Investment Disputes (ICSID), paving way for establishing its presence in the field of international investment dispute settlement.
V. Increase publicity and exchanges
Taking the opportunity of the promulgation of 2012 Arbitration Rules, CIETAC held more than a score of promotional events at home and abroad. Particularly, the CIETAC Arbitration Rules were applied throughout the 19th Willem C. Vis Moot and The Vis Moot (East) in Hong Kong. The series promotion events regarding the Arbitration Rules were the largest, most effective and influential of its kind in the history of CIETAC. Their success significantly promoted the spread of the Arbitration Rules, the influence of CIETAC, and expansion of its arbitration business. To boost their influence, CIETAC and CMAC also held a string of large-scale activities inside and outside China, including Forum on International Commercial Legal Services (together with CCPIT legal affairs department) dedicated to the celebration of the 60th anniversary of CCPIT; the 40th Conference of the Comité Maritime International organized by the China Maritime Law Association; the 12th Cross-Straits Seminar on Economic and Trade Arbitration (together with the Arbitration Association of Chinese Taipei) and the 10th CIETAC Cup International Commercial Arbitration Moot.
Prospects
In 2013, CIETAC and CMAC will continue to focus on case handling, push forward reform and strive to build CIETAC into a world-class arbitration institution. Main tasks are as follows:
1. Case handling. The number of cases to be accepted in 2013 is expected to stay high. CIETAC Secretariat will focus on case handling and strive to provide quality arbitration service for parties home and abroad;
2. Business development. In 2013, publicity efforts in various forms will be made at home and abroad by using resources from all sectors;
3. Administrative improvement. Taking the opportunity of promoting the 2012 Arbitration Rules, CIETAC will strengthen reform on case administration and enhance case managers’ sense of responsibility and increase their initiative in work.
4. CIETAC will speed up preparations for the Investment Dispute Resolution Center, and spare no efforts in the promotion of the Center and its branch office in accordance with the general plan for implementing the Cross-straits Investment Protection Agreement;
5. CIETAC will ensure smooth operations of its Hong Kong Arbitration Center, and leverage its advantage in arbitration to provide arbitration services for parties from Hong Kong;
6. CMAC will continue to expand its network, step up its business development in coastal and port cities; CMAC will continue to develop, improve, and promote its standard-form contracts; and CMAC will continue to promote maritime mediation, and the coordination between litigation and mediation.
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