2011 Work Review

1. Caseload and the Amount of Claim Saw a Steady Growth

In 2011, CIETAC accepted a total of 1,435 new arbitration cases, up by 6.14% year-on-year, including 470 foreign-related cases, up by 12.44%, and 965 domestic cases, up by 3.32%. The amount of claim totaled RMB15.6789 billion, an increase of 14% over the previous year. A total of 1,282 cases were concluded. The Domain Name Dispute Resolution Center (DNDRC) accepted 172 cases

Overall, CIETAC witnessed a steady growth in terms of the number of newly accepted cases and the amount of claim. As a comprehensive arbitration institution authorized to accept both domestic cases and international cases, CIETAC has made great endeavors to grow itself into a leading international arbitration institution. The number of foreign-related cases saw an increase, which involved parties from 54 countries and regions besides Chinese Mainland. In the meanwhile, with arbitration being known as an effective dispute resolution mechanism by more and more people, the agreement concerning arbitration clauses reached by the parties has become more diversified and individualized.

2. Great Efforts Has Been Made to Implement Reforms

Reform is one of the top priorities for CIETAC in 2011. With the guidance of the CIETAC reform leadership group and the support and assistance of CCPIT, CIETAC has achieved progress in advancing the reform agenda based on the results of field surveys and feasibility studies and in accordance with preset procedures and timetable.

3. Focus on Case Handling, Strengthen Training, Enhance Service and Ensure the Quality of Arbitral Awards

CIETAC maintained its good communication and relations with the people’s courts so as to bring about a favorable judicial environment for arbitration. In the year 2011, CIETAC Headquarters and its Sub-Commissions further strengthened its communication and coordination on issues regarding judicial supervision on arbitration with the Supreme People’s Court as well as the intermediate people’s courts and higher people’s courts where CIETAC Headquarters and its Sub-Commissions located.

Furthermore, to improve the quality of case handling, CIETAC took such practical steps as holding seminars on regular basis to discuss typical and complex issues in case management.

4. Implement New Panel of Arbitrators and the Subsequent Training Programs

With careful planning and execution, CIETAC has effectively accomplished its renewal of the Panel of Arbitrators. Two highlights were seen in this process. First, CIETC took the initiative to adopt a transparent system for the selection of Chinese mainland arbitrators. Second, a training and evaluation mechanism was introduced in the selection of Chinese mainland arbitrators. In this way, CIETAC not only expanded the available resources for selecting arbitrators, and increased its public recognition, but also produced objective, fair and convincing results in the selection process.

In the meanwhile, in order to acknowledge the contribution made by those CIETAC arbitrators who will no longer be on the new Panel due to their age, and also to inspire newly-selected arbitrators, ten people were given the title of Honorary Arbitrator.

5. Planning on the Set-up of a CIETAC Branch in Hong Kong.

Developing overseas business is a trend for CIETAC’s development. Invited by Hong Kong SAR Government, the Secretariat of CIETAC has actively engaged with the relevant authorities in HK on this issue.

The preparation for the launch of the CIETAC’s branch Hong Kong is now well underway. The branch is expected to open in the first half of 2012.

6. Find New Ways to Develop CIETAC Business

CIETAC has further expanded its outreach by adopting an integrated publicity approach. Taking the opportunity of the selection of new arbitrators, CIETAC has furthered its relations with key institutions, industry associations and large enterprises. CIETAC has stepped up efforts to promote CIETAC arbitration in key enterprises and sectors, and in the meanwhile maintained friendly relations with chambers of commerce, international arbitration institutions and bar associations. CIETAC also actively engaged itself in organizing seminars and attending international conferences Furthermore, CIETAC made good use of media coverage to further promote itself.

7. Strengthen Research, Contribute to Legislation

CIETAC has taken active steps to carry out the studies on arbitration. In 2011, CIETAC conducted a joint study with the Law School of the Renmin University on “Why China Should Support Arbitration, Especially Foreign-Related Arbitration”, which has now formulated a draft report. The research project on “Guideline on Evidence in Commercial Arbitration” conducted in collaboration with the Law Department of China Foreign Affairs University also made positive progress. A draft guideline has been formulated and a meeting was held to hear suggestions and inputs from experts in the arbitration field.

In 2011, CIETAC conducted intensive studies on the revision of its Articles of Association and Arbitration Rules. Several versions of the revision were formulated to invited opinions and suggestions.

CIETAC also provided expert opinions for relevant departments on certain issues. For example, to discuss academic issues with other professionals and to strengthen its influence in international arbitration world, CIETAC involved itself in international symposiums and seminars, including the meetings of the United Nations Commission on International Trade Law. CIETAC also actively took part in the revision of the Civil Procedure Law of PRC. The mechanism of “pre-arbitration preservation” introduced by CIETAC and China Academy of Arbitration Law has been adopted by the Office for Civil Law, Legislative Affairs Commission of NPC.

In terms of publication, CIETAC has edited and published four issues of Arbitration and Law and 13 issues of Newsletter (electronic edition, in both Chinese and English); and introduced a new electronic news service Information Update to provide the latest information to the staff of CIETAC Secretariat.

Work plan for 2012

In 2012, CIETAC will take the following steps in accordance with its plan:

1. Implement Reform Measures Step by Step
CIETAC will shift its focus from measure formulation to implementation further advance its reform.

2. Ensure the Quality and Improve the Efficiency of Case Administration
CIETAC will take the opportunity of the enactment of its new Arbitration Rules to improve its arbitration service, strengthen its administration of arbitration cases, and ensure the quality and efficiency of its case handling. In the meanwhile, CIETAC will strengthen the integrity in case administration among its headquarters and sub-commissions by establishing an integrated online case management system.

3. Further Strengthen Training and Supervision of Arbitrators.
In terms of training, the Headquarters and Sub-Commissions will make and organize various training programs. In terms of supervision, CIETAC has established tripartite supervision mechanism among disputing parties, case managers and arbitrators. In 2012, CIETAC will ensure such mechanism play a positive role in practice.

4. Further Strengthen Business Development
CIETAC will give full play to the role of arbitrators to promote itself in new industries and fields. Besides holding symposiums and using media to promote itself, CIETAC also took initiatives to find other ways to develop its business, and gain more market shares in key projects, new industries and high-end fields.

5. Strengthen Research on Arbitration Theories and Practices
CIETAC will strengthen study on development plans, and establish information base so as to provide updated information for decision making. CIETAC will continue its edition and publication of arbitral awards, and will spare no efforts to handle the new issues in arbitration proceedings.