Publish time: Tue Nov 07 15:44:05 CST 2017
In the year of 2016, the Beijing Arbitration Commission / Beijing International Arbitration Center (the “BAC”) had a sustained and stable growth in caseload, and a new record in the disputed amount. Efforts such as special training series offered to BAC arbitrators and staffs, sharing of arbitrators’ case handling experience and the refinement of the administration of arbitral proceedings have effectively guaranteed qualified BAC awards while keeping efficient arbitral proceedings. In 2016, we have proactively worked on the BAC’s brand promotion and the systematic construction of its research platform, and have explored the professional means of marketing and research projects, which led to a higher work efficiency and a series research achievements. These helped promote the BAC’s brand recognition. In addition, with respect to the internal management, we have strengthened the reforms and refinement of organizational structure, personnel assignment, working system, performance assessment, and with the assistance of complete and comprehensive institutional assurance and incentive mechanism, we have deepened the sense of responsibility and mission of all the staffs, and thereby endeavored to build a hard-working and competent personnel team. In summary, with the sincere cooperation and joint effort of all its arbitrators and staffs, the BAC has harvested rich achievements in various areas, and hereby makes its annual summary as follows:
1. Dispute Resolution Practice
1.1 Arbitration
1.1.1 New Growth of Caseload and Disputed Amount in 2016
The BAC has accepted 3,012 arbitrations in total in 2016, with an increase of 68 cases over last year. The amount in dispute reached RMB 46.59 billion, with an increase of RMB 5.48 billion. Among the arbitrations newly filed in 2016, there are 1,690 cases with a disputed amount of more than RMB 1 million, totally 530 million in dispute, declined by 143 cases and RMB 80 million, respectively, compared with last year. With regard to arbitrations with a disputed amount between RMB 1 and 10 million, there were 968 cases in total, with an overall disputed amount of RMB 3.14 billion, where an increase of 158 cases and RMB 180 million was seen. As for cases with a disputed amount between RMB 10 and 100 million, there were 279 cases in total, with an overall disputed amount of RMB 8.36 billion, increased by 33 cases and RMB 460 million. There were also 75 big cases with a sum in dispute of over RMB 100 million, with an overall disputed amount of RMB 33.84 billion, where an increase of 20 cases and RMB 4.7 billion was seen.
1.1.2 Stable case categories and international commercial arbitration caseload with a steady rise of domestic cases with parties from outside Beijing
In 2016, the BAC’s caseload covered various types of disputes as before. To be specific: 782 cases were sales contract disputes, accounting for 25.96%; 336 cases were agency contract disputes, accounting for 11.15%; 358 construction contract disputes, accounting for 11.88%; 692 financial and investment disputes, accounting for 22.97%; 207 lease contract disputes, accounting for 6.87%; 382 loan contract disputes, accounting for 12.68%; 65 cases concerning new types of contracts such as franchising or tourism contracts, accounting for 2.15%; 29 hired-work contract disputes, accounting for 0.96%; 31 internet related disputes, accounting for 1.02%; 42 technical contract disputes, accounting for 1.39%; 8 guarantee contract disputes, accounting for 0.26%; 47 IP disputes, accounting for 1.56%; and 33 other types of disputes, accounting for 1.09%.
Apart from that, the BAC has accepted 69 international commercial disputes in 2016, with an increase of 17 cases than 2015, a proportion of 2.29%. The overall disputed amount of such international commercial arbitrations was RMB 4.88 billion, and on average RMB 70.72 million for each one. Among its domestic cases, there were 1,816 arbitrations with at least one party from outside Beijing, accounting for 61.71% of the overall domestic caseload, and 442 with both parties from outside Beijing, up 45 cases and 15.02% from a year earlier.
1.1.3 High level of dispute resolution in term of case conclusion statistics
There were 2,917 arbitrations concluded in 2016, increased by 492 cases from 2015, at a growth rate of 20.29%. The average duration for concluding an arbitration case was 94 days. Among those concluded arbitrations, 1,887 cases were concluded by arbitral awards, accounting for 64.96%, 375 cases were mediated, accounting for 12.86%, and 655 claims were withdrawn by the claimants, accounting for 22.45% of the overall concluded cases (among which 397 claims were withdrawn before the formation of arbitral tribunal, namely, arbitral tribunals were comprised in 86.39% of the cases).
Not a single BAC award was set aside in 2016, and only one award met non-enforcement.
1.2 Independent Mediation of BAC Mediation Center
1.3 Appointment of Arbitrator
In 2016, 345 arbitrators have been appointed to hear arbitrations, 4,863 appointments in total. 3,630 appointments were conducted by the BAC President, up 751 appointments from a year earlier, among which 1,118 appointments were made for the presiding arbitrator, and 1,536 for the single arbitrator, 341 on behalf of claimants and 635 respondents.
Among the 1,128 arbitrations applying general procedure where the arbitral tribunals were comprised (incl. 49 international arbitrations), 773 engaged arbitrators nominated by the claimants, accounting for 64.98%, and 467 engaged arbitrators nominated by the respondents, accounting for 41.40%.
The growth of the proportion of parties’ appointment of arbitrator reflected their wide recognition of the BAC arbitrators’ impartiality, professionalism and service.
With respect to the appointment of arbitrator, we are gradually exploring a scientific and systematic mechanism for arbitrators’ selection, not only taking into account the arbitrators’ areas of expertise, arbitration experience and the amount of cases they have handled, but also paying attention to the co-working of newly-employed and experienced arbitrators, and the echelon construction of BAC arbitrators, and thereby developing the mutual promotion and mutual learning among the arbitrators, ensuring that each case has its most suitable arbitrators.
2. Revision of the Constitution of BAC
On July 15 2016, the sixth committee of the BAC deliberated and approved the Constitution of the BAC 2016 (the “new Constitution”) in its 7th meeting, which came into effect on the same day.
The key points and highlights of the new Constitution are: Firstly, the clarification of the BAC’s developing direction and target. It is specified in Article 2 that the BAC persists in values of independence, impartiality, professionalism and efficiency, aiming to become a world-class diversified dispute resolution center and to provide parties, either domestic or abroad, with commercial dispute resolution services of international standing. Secondly, the clarification that the BAC is also known as the “Beijing International Arbitration Center”. Thirdly, the strengthening of the committee’s functions of decision-making and supervision, increasing the scope of issues to be decided on by the committee and relevant procedures, establishing the committee on payment and performance assessment, in charge of reviewing the BAC annual budget and account report, the payment mechanism and encouragement plan, payment of arbitrators’ compensation, assessment of the performance the BAC Secretariat, Secretary General and Deputy Secretary General. Fourthly, the insertion of relevant provisions on the BAC organs’ functions, the BAC management system, the institutional culture in line with the BAC’s cultural tradition and experience accumulated in the past two decades. Fifthly, the refinement on administration of arbitrators and financial independence. Sixthly, the stipulation on “separate formulation” of supporting measures such as the rules on procedures of committee meetings and performance assessment measures for BAC Secretariat, Secretary General and Deputy Secretary General.
So far, the rules on procedures of BAC committee meetings have been approved in principle by the committee, and performance assessment measures already drafted. With the preparation and implementation of the new Constitution and its supporting measures, the BAC will take another solid step towards furtherance of its institutional reform and improvement of its governance structure, which will be bound to produce significant, positive and far-reaching influence on the BAC’s future.
3. Training and Marketing
The BAC has conducted increasingly targeted and professional marketing and training programs, from which arbitration has been better understood and accepted by the Chinese society, and the healthy image of Chinese arbitration has been well received by the outside world. In 2016, the BAC has held and participated in more than 100 marketing events, including various conferences, visits, visitor receptions and ads operations, with over 10,000 directive audiences (see attached).
3.1 Arbitrator Workshops, A Solid Foundation for Competence
At the beginning of 2016, the BAC had a frank and sincere communication with its arbitrators, pointing out the improper and irregular conducts existed in their dealing with the cases, concerning issues such as formation of arbitral tribunal, hearing, post-hearing award preparation, deliberation on award and extension of time limit for rendering award, stressing that the red line lies in the rules, and raising detailed requirements to ensure the quality of arbitrators’ case handling. In light of the problems in arbitration practice, we have held 11 arbitrators’ workshops respectively on legal thinking in arbitration, hearing measures in arbitration, arbitrators’ pre-hearing preparation, oral hearing of arbitration, arbitral awards preparation, appraisal, risk points identification in case handling and so forth. Senior arbitrators were invited to the workshops to present summaries of the features of each phase and step throughout the arbitration procedure, and to share their experience. Efforts were specifically made to summarize and keep the workshop materials, and thus the slides and scripts thereof were well reserved, providing a foundation to solidify the knowledge. Arbitrators confirmed that they have had a rich harvest from the workshops of the year.
3.2 Fruitful International Events
In 2016, we kept presenting the positive image of the BAC and the commercial dispute resolution in China, with specific focuses on the ICCA Congress and the overseas launch events of the Annual Report of Commercial Dispute Resolution in China. Meanwhile, the BAC’s good image and reputation obtained from years of accumulation attracted a number of visitors specialized in commercial dispute resolution, to whom the BAC has been a must during their trips to China. Throughout the year, we have received more than 30 international delegations.
Between May 7 and 13 2016, the BAC delegation has attended the ICCA Congress. This was the first ICCA congress ever to be held in Africa in six decades, and thus received high attention from within Africa. It was a grand event and the United Nations Secretary General Mr. Ban Ki-moon and the Premier of the Republic of Mauritius delivered addresses at the conference. China has actively participated in this event. Mr. Wang Qijiang, Deputy Secretary General of the Committee of Political Science and Law under the CPC Central Committee, Judge Liu Jingdong, Deputy Chief Judge of the Fourth Civil Tribunal of Supreme Court of China, and delegations of Higher Court of Shanghai and Higher Court of Guangdong Province have attended it. As for Chinese arbitration institutions, Shanghai International Arbitration Center, Shenzhen Court of International Arbitration, CIETAC, Shanghai Arbitration Commission, Jinan Arbitration Commission all dispatched their delegations. The BAC was the Gold Sponsor of this ICCA Congress, and won an obvious position for its logo. Other Chinese delegations also paid visit to the BAC booth where they had exchanges with the BAC delegation. The high quality of the BAC’s Annual Report brought it substantive communication with other participants.
Between June 19 and 26 2016, the BAC hosted the overseas launch events of the Annual Report on Commercial Dispute Resolution in China in the UK, Germany and the Netherlands, respectively. With an ever-growing influence of the launch event series, many audience made it clear that this event was their only way to learn about commercial dispute resolution in China, and so they have been paying close attention thereto. This was for the fourth time the event being held in London, a growingly mature practice with better effects. The event proceeded smoothly, with around 90 audience attended and had constructive exchanges. Another event in Frankfurt received unexpected success. Most of the 90 audience were foreigners. The speakers had careful preparation with paper statements and slides for their speeches, which were well received. Active exchanges were conducted in those key sections. As to the event in the Netherlands, due to the South China Sea Arbitration, the publicity was intentionally limited. Still, there were around 70 audience presented. The co-hosting institution, Permanent Court of Arbitration, has shown strong interest in commercial arbitration, and looked forward to developing commercial arbitration related services in the future.
3.3 High-level and Systematic Brand Promotion
3.3.1 Well targeted propaganda combined with research for resolving practical problems
This year, we conducted specific researches on practical problems raised by arbitrators such as factoring and enforcement of notarial obligatory right documents, and provided solutions which produced positive social results.
3.3.2 Propaganda among lawyers further improved
Aiming to raise lawyers’ capability and competence in resolving disputes through arbitration, the BAC further improved its training system, not only focusing on procedural issues, but also addressing substantive ones. With strong pertinence and operability and positive arbitration ideas, such trainings were widely appraised by lawyers.
Throughout the year, eight mock arbitration trainings have been held by the BAC in cooperation with the Beijing Lawyers Association, with over 1,500 lawyers attended.
3.3.3 Strengthened cooperation with colleges for systematic arbitration practice courses
In 2016, the BAC and the China University of Political Science and Law jointly launched the course on commercial arbitration practice. On the ground of commercial arbitration knowledge and mock arbitration practice, it helps students to better understand commercial arbitration. The course has 20 lectures, mainly given by the BAC’s youth case managers, to whom it was a good opportunity to strengthen their capabilities. At the end of the course, both students and the college gave positive feedbacks.
On September 6, 13 and 27 2016, the BAC staffs lectured in English on Chinese arbitration and its legal framework, arbitration agreement and jurisdictional objection, ad hoc arbitration, emergency arbitrator, restrictive period, formation of arbitral tribunal and so forth in the “Arbitration Law Theory and Practice” course at the University of International Business and Economics Law School.
3.4 Information-based Brand Promotion
In 2016, based on the needs for marketing and informatization, the BAC encouraged and organized its arbitrators and staffs to draft and provide 41 articles on arbitration practice hotspots to media platforms including China Business Law Journal, Corporate Legal Affairs, Legal Weekend, itslaw in cooperation with the BAC as well as the BAC’s WeChat account, an effort to follow the tide of mobile internet and to seek new way of research. Mobile internet’s high speed of circulation and the articles’ reflection of their authors’ practical experience and insightful thoughts have helped the BAC and especially the BAC WeChat account quickly attracted extensive attentions.
The BAC WeChat account added 12 columns in 2016, and so far has attracted 7,467 routine readers. Throughout the year, the account published 192 articles, and received 223,537 views and 50,169 reposts in total.
The BAC website has posted 202 updates, receiving 602,250 views.
4. Research
Following the commitment to establish itself as diversified dispute resolution research center, the BAC has constantly increased its inputs into theoretical and practical researches in term of human and material resources, and actively invited and organized its arbitrators and staffs to conduct dispute resolution theoretical research, exerting arbitrators’ academic capability and influence and inspiring staffs’ research enthusiasm, by which the BAC endeavored to form its diversified dispute resolution knowledge system centered on arbitration.
4.1 BAC Research Programs Refined with Successive Achievements
The BAC has continued to refine its existing research programs such as the BAC Work Series, the BAC Translation Series, the Beijing Arbitration Quarterly, and provided research fund thereto. Some achievements have already been harvested so far: the first round of articles supported by the 2014 BAC research fund passed the closing review; Legal Solutions to Complicated Issues in Construction Projects (authored by Tan Jinghui) and Legal Regulation of PPP – Centered on Infrastructure Franchise were included in the BAC Work Series; the 4th volume of Beijing Arbitration Quarterly was published, and the journal itself was included in the China Legal Knowledge Database; the BAC also worked with the Beijing Academy of Social Science and the Beijing Law Society and published the Beijing Legal Development Report 2016 and the Beijing Social Governance Development Report.
4.2 Compilation of Outstanding Arbitral Awards Strengthened, Commercial Arbitral Awards Analyses Series to be Published
The BAC specifically planned the case book of share transfer arbitrations in China, and invited renowned scholars and experts to draft legal review thereon. The Chinese version of this book has already been published, the first theoretical research output of the BAC special projects on commercial arbitration analyses. The BAC organized and invited experts within the circle, including its senior arbitrators Prof. Deng Feng, Prof. Liu Junhai, Prof. Liu Kaixiang, Prof. Liu Yi, Prof. Liu Yan, Prof. Su Haopeng, Prof. Tang Xin, Prof. Xu Defeng, Prof. Ye Lin, Prof. Zhu Ciyun to make detailed analyses of the cases. Its English version will be published overseas later on. Compilation of other case books and the review thereof such as case books of various industries, compilation of interim awards, compilation of arbitral awards with dissenting opinions are also under progress and will be published successively, all of which will contribute to the BAC featured research brand.
5. Internal Construction
5.1 Institutional Construction Furthered
The BAC published and implemented a series of management systems, including the BAC Secretariat Payment System, the BAC Secretariat Payment and Performance Assessment Management System, making its HR management more reasonable and thus arousing the working enthusiasm of its staffs. Internal rules also implemented were Specifications for Receptionists, the BAC Secretariat Emergency Plan, Specifications on Minutes Preservation, Administrative Provisions on Saving and Collecting Monitoring Records, Specifications on Registration for Use of Official Seal in Non-Working Time. Working standards and procedures were therefore refined so as to control risk and ensure efficiency.
5.2 Information System Upgraded
With the continued upgrade of its OA system, the BAC established a mobile internet platform which is more convenient to arbitrators and parties. The BAC WeChat Platform (for internal and arbitrators’ use) has already 258 users in total.
5.3 Arbitration Related Services Improved
Stenography has been widely used in BAC oral hearings. The replacement of business tax invoice with VAT invoice and relevant working provisions were smoothly finished. The BAC has actively participated in the assessment of social organizations, and the BAC Mediation Center was granted AAA degree.
5.4 Political Education Conducted
From political educations, the BAC made standards for its party members, and combined political studies substantively with daily work, producing ideal outcomes.
6. Basic Work Plan for 2017
Despite the sound progresses in recent years, the BAC still have a tough task for its future development.
Firstly, the increasingly drastic competition with other arbitration institutions. With the development of China, commercial dispute resolution has become a huge and attractive market, and either Chinese or foreign arbitration institutions are endeavoring to take a bigger share therein. On the one hand, foreign arbitration institutions have opened their rep offices in the Shanghai FTZ. On the other hand, Chinese and foreign arbitration institutions are holding more marketing events. Incomplete statistics show that Chinese and foreign arbitration institutions have held over 20 marketing events in Beijing in 2016. This produced direct pressure on the BAC.
Secondly, new requirements for commercial dispute resolution arising from national development programs such as the Belt and Road Initiative and Beijing-Tianjin-Hebei Coordinated Development. Arbitration institutions shall adapt to the going abroad trend of Chinese enterprises, and provide more impartial, professional and efficient arbitration services, exhibiting sound credibility to Chinese and foreign enterprises and making Chinese enterprises confident to select Chinese arbitration institutions for dispute resolution. Meanwhile, the BAC shall make full use of talents as seated in the capital city, seizing the opportunity of Beijing-Tianjin-Hebei Coordinated Development and further playing its leading role in commercial arbitration within the region.
Thirdly, new types of dispute arising from economic restructuring request us to constantly enhance our capability and competence in settling disputes. On the one hand, new problems in traditional industrial conversion brought new disputes. For example, nowadays construction disputes are not only about project payment, but concerning complex deal structure including finance and investment and equity replacement. On the other hand, transactions in areas of internet finance, PPP, disposal of invaluable asset, cultural industry and aviation keep growing, which leads to different forms and contents of disputes from the traditional ones. These require for research by the BAC and its arbitrators, as well as the preparation of professional knowledge and talents.
Fourthly, the parties’ expectation of the BAC requires that we continue to enhance the level of dispute resolution services. Today, the BAC is enjoying increasing popularity and reputation. From the perspective of caseload, this is reflected in the increase of case filings and disputed amounts, especially the engagement of parties from outside Beijing, which evidenced the parties’ trust in the BAC.
The abovementioned points are our opportunities and challenges. Next year and for some time to come, we will endeavor to make our dispute resolution capacity and competence match such opportunities and challenges.
6.1 To Guarantee a Smooth Update of Panel of Arbitrators
The term of existing arbitrators will expire in 2017 and thus there will be an update of the panel of arbitrators.
(A) To guarantee a smooth update of panel of arbitrators, the BAC shall initiate the update process as soon as possible.
(B) The BAC shall finish the foundation works of the employment of arbitrators for the new five-year term to ensure that arbitrators listed in the new panel meet the BAC standards and requirements for future development in terms of integrity, expertise and professional dedication.
(C) As instructed in its Constitution, the BAC Secretariat shall assist with the establishment of special committees for a more rational and regulated operation of the BAC.
6.2 To further Enhance Arbitrators’ Professionalism and Efficiency
(A) The BAC will continue to organize arbitrators’ workshops, and thereby strengthen arbitrators’ professional training and exchanges. In particular, systematic trainings will be held to improve arbitrators’ practical skills in case hearing, enhancing their enthusiasm and proactivity.
(B) The BAC will compile those reasonable case hearing practice shared in workshops in 2015 into a case hearing guide, which is expected to contribute to a more regulated and effective case handling.
(C) The BAC will fully exert the functions of its case handling system such as case information record and time alert, to consolidate the communication between case managers and arbitrators on arbitral proceedings for efficiency improvement.
6.3 To Make Brand Promotion more Pertinent, Professional and Effective
(A) The BAC will further enlarge the influence of its arbitrators. We will improve our services in workshops and colloquia for arbitrators, conduct timely studies on problems found in arbitration and dispute resolution practice and provide solutions thereto. In this way we will make the arbitrators’ workshops into a platform for arbitrators’ professional research and exchange, which will promote constant improvement of arbitrators’ professional level. Apart from that, the arbitrators’ workshop in this way will also become the BAC’s publicity window.
(B) The BAC will finish three major events in foreign related area. The first one is to enlarge the influence of the Annual Report launch events at the 5th anniversary thereof in the next year, giving a loud voice of Chinese dispute resolution on the international stage and revealing the healthy images of the BAC and Chinese arbitration. The second one is to bid for the 2022 ICCA Congress. The third one is to implement the Belt and Road program.
(C) The BAC will consolidate its existing programs and improve its weak points, and continue to develop those pertinent training courses for legal scholars, college students and lawyers, such as trainings to lawyers in cooperation with the Beijing Lawyers Association, mock arbitrations at the China University of Political Science and Law, arbitration practice courses at Beijing University of Aeronautics and Astronautics and the China University of Political Science and Law. Meanwhile, in light of the absence of systematic training to in-house counsels, the BAC will further strengthen its cooperation with industrial associations and research institutes.
(D) The BAC will explore the newly emerging business areas. In the film and television industry, it will work with film producers association to implement the film and television arbitration workshop program. Routine trainings will be held within the aviation industry, for purpose of talent and knowledge preparation. Research and propaganda will also be strengthened in areas of PPP and disposal of invaluable asset, highlighting the BAC’s professionalism and thus seizing the market of dispute resolution.
(E) The BAC will proactively conduct investigation and preparation of online arbitration rules with respect to transactions wholly made online, and thereby develop new mode for arbitration hearing.
6.4 To Refine the Research Platform, to Deepen the Researches and to Build a Knowledge Management System
(A) The BAC will encourage its arbitrators and staffs’ initiatives to make in-depth and leading theoretical and practical researches focusing on those cutting-edge international arbitration legal issues, which will contribute to the BAC’s knowledge system.
(B) The BAC will summarize the implementation of arbitration rules. With the second anniversary of the implementation of its new arbitration rules, it is important to make analyses on issues already found in practice, and to provide analysis or guidance.
(C) The BAC will better perform its role as the UNCITRAL observer to reveal the professionalism of the BAC and Chinese dispute resolution to the international community.
(D) The BAC will work further on the production of its research results. Based on its research system and platforms such as the Annual Report on Commercial Dispute Resolution in China, Beijing Arbitration Quarterly, BAC Translation Series, BAC Work Series, Case Review of Chinese Commercial Arbitration, Compilation of Outstanding Awards and BAC research fund, we will have more input to summarize and publish those findings and results of research, and have better use of the BAC library resources.
(E) The BAC will improve the application of its research achievements. This means full and better use of the BAC’s online and media platforms, and to transform its research achievements into its high-ended dispute resolution brand.
6.5 To Consolidate Internal Construction and To Improve Service Level
With regard to its institutional construction, the BAC will take a further step to build and improve its governance structure, implementing a management system with effective balance between decision-making, execution and supervision.
(A) Depending on its HR project, the BAC will build a structured and orderly talent team, explore talent development and cultivation for professional posts, reform and improve its performance assessment and payment system, and stimulate the motivation of its staffs.
(B) The BAC will enhance case managers’ capability of procedural administration, particularly the capability to quickly proceed arbitral procedure and comfort parties in cases that are complicated or complained by the parties. Also to be improved are the efficiency and quality of draft award review, as well as case managers’ professional competence in both procedural and substantive aspects.
(C) The BAC will continue to refine the case handling system’s various functions, enhancing the system users’ satisfaction and providing more convenient support and service for staffs and arbitrators’ case dealing. The mode of online arbitration will also be studied and explored.