Publish time: Wed Apr 10 09:23:24 CST 2019
In the year of 2018, the Beijing Arbitration Commission / Beijing International Arbitration Center (the “BAC”) made satisfactory progresses, with all its works improved smoothly and the key points well highlighted, including a rapid growth in the caseload, a remarkable increase in the overall disputed amount, reasonably arranged research, training and marketing projects. Meanwhile, the BAC has stressed on the construction of its Party branch and the team building in its different divisions, strengthening the ideology and awareness of service of its staffs, as well as enhancing their professional skills and service quality, which has won the extensive recognition. Based on its specific works, the BAC hereby makes its annual summary as follows:
I. Construction of the Committee’s Regular Operation Mechanism and Amendment to Constitution
The BAC further improved the governance of its Committee, and constructed a long-effective regular operation mechanism, thereby intensifying the Committee’s decision-making and supervision, ensuring the BAC’s sustainable and healthy development, and promoting the BAC’s credibility and international competitiveness. The Committee’s regular operation mechanism has marked the leap from the establishment of the BAC’s governance structure as a legal person, as expressed in its Constitution, to the application of such governance structure into practice, the significant innovation of the Committee conforming to the trend of development, and also the fundamental institutional building ensuring the long-term growth of the BAC.
On February 2, 2018, the 2nd Session of the 7th Committee of the BAC deliberated and passed the BAC Constitution 2018. The key points and highlights of the new Constitution are: firstly, revisions are made to the participants and timing of the Chairperson’s meeting, and positions of Executive Vice Chairperson are set up to deal with the routines of the Chairperson’s meeting, resulting in a clear individual responsibility for the routines of the Chairperson’s meeting; secondly, the scope of responsibilities of the Chairperson’s meeting is substantiated and adjusted, with three newly added responsibilities of the Chairperson’s meeting, including: “guiding and supervising the execution of the decisions made by the Committee”, “providing work proposals to the Committee as per the needs of business development” and “other works assigned by the Committee to the Chairperson’s meeting”. The revised responsibilities are more inclusive, open and flexible, and can better meet the work needs of the Chairperson’s meeting; thirdly, it is clearly provided that the BAC Office must “execute the decisions of the Committee and its Chairperson’s meeting”; fourthly, the number of Deputy Secretary General is increased, which is for the purpose of adapting to the BAC’s continuous business development and the constant enlargement of its staff team, so as to make sure that its works proceed smoothly; and fifthly, a clear definition is made to those special committees.
II. Case Handling
(I) Overview (incl. the BAC Mediation Center)
1. Caseload and Disputed Amount
According to the statistics, in 2018, the BAC accepted 4,872 arbitrations, with an increase of 1,322 cases over last year, at an annual growth rate of 37.24%; and the amount in dispute was RMB 75.155 billion, with an increase of RMB 30.344 billion, at an annual growth rate of 67.7%.
In 2018, the number of cases accepted by the BAC hit a new record high, and the disputed amount stayed on its high growth. In particular, sharp increases were seen in the disputed amounts of individual cases, especially in those with an amount in dispute over RMB 1 hundred million, where the average increase in the disputed amount was nearly RMB 1 hundred million per case. To some degree, this reflects the quality improvement of the BAC arbitrations and the constant expansion of its social influence.
Throughout the year, the cases arising from sales contracts, engineering and financial disputes took a major proportion of the overall caseload, and thus the BAC needs to well prepare its reserve of talents and knowledge to address the market requirements.
2. Case Conclusion
4,125 arbitrations were concluded in 2018, increasing by 607 cases compared to the previous year, at a growth rate of 17.25%. The overall disputed amount in such cases was RMB 49.979 billion, increasing by RMB 11.203 billion, at a growth rate of 28.89%.
Among these concluded cases, 2,547 cases were concluded by arbitral awards, accounting for 61.75%, increasing by 379 cases, at a growth rate of 17.48%; 631 cases were mediated, accounting for 15.30%, increasing by 104 cases, at a growth rate of 19.73%; and 947 claims were withdrawn by the claimant, accounting for 22.96%, increasing by 124 cases, at a growth rate of 15.07%.
3. International arbitration, arbitration involving parties from outside Beijing and arbitration applying special procedure
The BAC accepted 88 international commercial arbitrations (incl. those applying summary procedure) in 2018, accounting for 1.81% of its overall newly accepted caseload, increasing by 10 cases, at a growth rate of 12.82%. The overall disputed amount in such cases was RMB 4.681 billion, accounting for 6.40% of the disputed amount of its overall newly accepted caseload, increasing by RMB 1.687 billion, at a growth rate of 56.33%.
Among the domestic cases, there were 2,942 arbitrations with at least one party from outside Beijing, accounting for 61.50% of the overall domestic caseload, increasing by 859 cases, at a growth rate of 41.24%; and 810 with both parties from outside Beijing, accounting for 16.93% of the overall domestic caseload, up 241 cases and 42.36% from a year earlier.
With respect to the application of special procedure, the BAC accepted 1 case that applied foreign law (Korean law), 2 cases where the arbitration language was English (in one of these two cases, both parties selected English as the arbitration language, and in the other case, the arbitral tribunal designated English as the arbitration language considering the language used in transaction files), and 1 case that applied arbitration rules of another institution. From such practice of special procedure application, it can be seen that in addition to the BAC’s respect to party autonomy, its arbitral tribunals are capable of taking flexible measures based on actual needs, rather than just sticking to the accustomed practice, which is another example of the BAC’s quick steps toward an internationalized arbitration institution.
4. Independent Mediation of the BAC Mediation Center
In 2018, the BAC Mediation Center dealt with 15 cases (as entrusted by courts), with a total disputed amount of RMB 8.98 million. No foreign-related case was accepted in 2018. All these mediation cases were concluded, without further referring to arbitration, among which 5 cases were successfully mediated, at a 33.33% success rate.
With regard to judicial supervision, not a single BAC award was set aside, and only three awards were refused to enforce at courts outside of Beijing, among which two were due to non-enforcement applications made by third parties, and one was due to the court’s finding of false evidence in the arbitration proceeding.
(II) Case Handling Efficiency
Concerning the efficiency of case handling, it took, on average, 136.73 days for each case from its registration to conclusion, reduced by 20.67 days from 2017, at a reduction rate of 13.13%; and 82.25 days for each case from the formation of its arbitral tribunal to the case conclusion, reduced by 7.94 days from 2017, at a reduction rate of 8.8%. As per the median statistics, it took 108 days for each case from its registration to conclusion, reduced by 11 days from 2017, at a reduction rate of 9.24%; and 61 days for each case from the formation of its arbitral tribunal to the case conclusion, reduced by 5 days from 2017, at a reduction rate of 7.58%. Even though the caseload increased significantly in 2018, the BAC managed to efficiently handle the cases with the efforts of all its staff.
Throughout the year, 3,377 cases were concluded within the time limit provided by the Arbitration Rules, accounting for 81.87%, at an increase rate of 20.14% compared to the previous year; and 748 cases exceeded the time limit , increased by 41 cases, at a growth rate of 5.80%. 679 cases that exceeded the time limit were newly seen, with an increase of 41 cases, at a growth rate of 6.43%.
The increase of the caseload enhanced the requirement of case handling efficiency, resulting in an increase of hearings held in non-working days. Statistics show that between January 1 and December 31, 2018, there were in total 117 person-time hearings in non-working days, and 9.75 times per month on average. Among such hearings, 65 were due to the reasons on the side of arbitrators, accounting for 55.65% of cases; 27 times were due to joint reasons on the side of parties and arbitrators, accounting for 23.08%; 16 times were due to the reasons on the side of parties, accounting for 13.67%; 4 times were due to the circumstances of cases, accounting for 3.42%; 2 times were due to the circumstance of cases and reasons on the side of arbitrators, accounting for 1.71%; and 3 times were due to conferences, accounting for 2.56%.
(III) Arbitrators’ Management
Throughout the year, 368 arbitrators were engaged in case handling, accounting for 67.52% of the overall BAC arbitrators (545), and 6,888 person-times in total. The BAC Chairperson has appointed 5,164 person-times, an increase by 1,042 appointments compared to the previous year, at a growth rate of 25.28%, among which 1,537 person-times were appointments and nominations of presiding arbitrators, 1,514 were appointments of presiding arbitrators, 2,347 were appointments and nominations of sole arbitrators, and 2,333 were appointments of sole arbitrators.
Among the above nominations, 29 presiding and sole arbitrators were nominated by both parties, either directly or through a list of arbitrator candidates, with an increase of 16 persons compared to the last year, accounting for 9.4% of the total number of presiding and sole arbitrators (308). In 2018, the parties selected 298 single arbitrators, with an increase of 38 persons, accounting for 85.6% of the total number of single arbitrators (348), among which 1,062 person-times were selected by claimants, with an increase of 230 person-times over last year, and 625 person-times were selected by respondents, with an increase of 97 person-times. These figures reveal that the improvement of the arbitrator selection proceeding has substantively promoted the parties or their counsels’ nominations. Among the arbitrators engaged in case handling in 2018, 9 were from overseas, increasing by 2 instances compared to the last year and accounting for 2.45% of the total number of such case-handling arbitrators.
In 2018, there were 42 applications for arbitrators’ withdrawals made by the parties, among which 36 were rejected as the alleged reasons for challenge were not found. In 6 cases, the arbitrators withdrew on their own initiative as they found the reasons for withdrawing. No decision about the arbitrator’s withdrawal was made throughout the year.
III. Business Development and External Exchange
(I) Overview of the BD Work
The BD works were steadily carried out in 2018, covering both the international and domestic markets and 9 key areas. The target audience included various communities, with an emphasis put on in-house counsels and lawyers, and information concerning the target audience was effectively collected. The BD works had an extensive geographical coverage, with a number of events held outside Beijing.
By December 31, 2018, there were roughly 190 marketing-related events, including 50 conferences hosted by the BAC (merely based on the recorded statistics, more than 3,000 persons attended such events, which includes 633 in-house counsels and 1,290 lawyers registering for such events respectively), 70 times attendance of conferences, 23 external trainings (received by over 1,500 in-house counsels), 49 visitor receptions (29 were for foreign visitors), and 5 signing ceremonies, for which the BAC dedicated about 400 person-times. From on-site events, 3,100 new pieces of contact information were collected, and from external marketing works, 2,007 pieces of new contact information were collected. More than 10 thousand copies of the Annual Report, Beijing Arbitration Quarterly, Collection of Outstanding Arbitral Awards, Collection of Arbitral Awards on Equity Transfer and the BAC brochures were distributed during these marketing events.
Through its marketing events, the BAC has built relationship with about 20 industrial and international associations. Among them, the BAC has entered into strategic cooperation agreements with the China Mergers & Acquisitions Association, the China Iron and Steel Association, the Dispute Resolution Board Foundation; provided in-depth arbitration trainings for the China Banking Association, the China Iron and Steel Association, the Legal Work Committee of Association of National Defense Industry of China and the like; as well as held industrial conferences jointly with the Real Estate Association, the China Banking Association, the China Air Transport Association, the China Chamber of Commerce for Import and Export of Machinery and Electronic Products and the Tianjin Commercial Factoring Association. In order to conduct effective marketing work among SOEs led by the PRC central government, the BAC entered into strategic cooperation agreement with the Legal Bureau of the State-owned Assets Supervision and Administration Commission of the State Council (General Counsels or leaders of legal departments of 44 SOEs were present at the signing ceremony and the subsequent symposium), and provided arbitration trainings to relevant SOEs led by the PRC central government.
The marketing events covered a number of major cities, including 4 in Europe, 1 in North America, 2 in Africa, 2 in Asia and 5 in China (Shanghai, Shenzhen, Guangzhou, Hangzhou and Chengdu).
(II) Meetings
By December 31, 2018, the BAC hosted 98 meetings in total (incl. 70 external conferences, workshops and symposia, and 28 internal meetings). An increase of 20% was seen compared to the last year. Only in September and October 2018, there were 20 meetings held at the BAC, hosted by the BAC either solely or jointly with other institutions, on average 10 times per month and 1 per 2.5 days, rising by 55% compared to 2018.
From the perspective of staff input, assuming that there were only 1 staff from the business division and 1 from the administration division responsible for each of the 70 external conferences, the total staff input was 140 persons (2 persons for 1 conference on average), but the actual staff input was doubled.
(III) Summary of Key Projects
1. Annual Report project in both Chinese and English.
The project was initially carried out by the Business Division I, and then handed over to the Business Development (International Case) Division. In order to maximize the value of the project, by reference to the experience of overseas events of the year, the BAC held its domestic events through the cooperation with industrial associations or societies, including the China Film Producers’ Association, the China Banking Association, the China Construction Industry Association, the Association of Energy Law of China Law Society, the China Real Estate Association, the China Chamber of Commerce for Import and Export of Machinery and Electronic Products, the China Air Transport Association and the China Intellectual Property Law Association, so as to ensure the Annual Reports could reach the relevant industry practitioners and broaden the BAC’s range of contacts. The average number of participants of such events is apparently higher than the figures shown in the events solely hosted by the BAC. The Annual Reports on film and television, as well as real estate were launched in Shanghai and Hangzhou, which attracted over 150 and 180 participants respectively and was well received by the participants.
2. Bid for and Participation in the ICCA Congress
In addition to providing sponsorship to the biennial ICCA Congress, the BAC bade to host the 2022 ICCA Congress jointly with several other Chinese institutions. Although Hong Kong was finally awarded the 2022 ICCA Congress, the BAC devoted lots of manpower and resources to the bid, sorting out significant problems such as the position of the BAC and the directions for arbitration’s future development, and thereby has gathered significant experience. The draft bid book prepared by the BAC won unanimous confirmation of all the joint bidders, and the bidding materials were highly appreciated by the ICCA Council, which has greatly promoted the BAC’s reputation within the arbitration circle. Apart from that, during the execution of its sponsorship to the ICCA Congress in 2018, the BAC not only obtained a speaking opportunity, but also organized a breakfast meeting during the Congress, which attracted the attention of experts from various jurisdictions and contributed to in-depth exchanges between the BAC and its potential international clients contributing to further business development within the inner circle of international arbitration.
3. Cooperation Agreement with the Legal Bureau of the State-owned Assets Supervision and Administration Commission and a jointly held dispute resolution symposium. In August 2018, the BAC entered into a cooperation framework agreement with the Legal Bureau of the State-owned Assets Supervision and Administration Commission, based on which both parties intend to closely cooperate and promote arbitration among the SOEs overseen by the State-owned Assets Supervision and Administration Commission. Following the signing ceremony, the BAC organized a symposium on dispute resolution, which was attended by General Counsels or leaders of legal departments of 44 SOEs led by the PRC central government. The Director and Vice Directors of the Legal Bureau were present, and clearly proposed that SOEs led by the PRC central government refer their disputes to arbitration, which was a direct and clear target of the meeting. Among the 44 enterprises, over 30 have no BAC arbitrator, and this meeting acted as a bridge between them and the BAC. On the one hand, it effectively helped these enterprises have an initial understanding about the BAC; and on the other hand, it provides the channels for the BAC’s future exchanges with such enterprises. After the meeting, the BAC specifically added such General Counsels and leaders of legal departments to the scope of its distribution of Beijing Arbitration Quarterly and BAC Newsletter. Meanwhile, some of the enterprises inserted the BAC’s brief introduction into their internal reports on selection of dispute resolution methods. In this way, the BAC effectively broadened its network with key enterprises.
4. Participation in the UNCITRAL Sessions
The BAC actively participated in relevant works of the UNCITRAL during the past year. In the project of the UNCITRAL Working Group II concerning the Convention / Model Law on Enforcement of International Commercial Settlement Agreement, the BAC was deeply engaged and finally witnessed the launch of such new convention and model law. Moreover, as well planned by the BAC management, the BAC delegations not only consisted of its internal staffs, but also included several arbitrators with strong influence and research capability, which has clearly enhanced the value of the UNCITRAL project platform, provided larger development space to capable arbitrators within the dispute resolution circle, and reserved a strong force for the long-term development of the BAC’s internationalization. What requires further attention is that since the UNCITRAL is a platform for making the core rules within the international dispute resolution community, the Chinese delegations taking part therein only included representatives from relevant authorities of the Chinese government as a member state as well as CIETAC in the past. The UNCITRAL’s invitation to the BAC to act as an observer and the BAC delegation’s participation in the UNCITRAL Sessions reflected the improvement of the BAC’s international profile, and its active participation in the discussion and contribution of Chinese experiences further enhances the BAC’s global recognition.
5. Agreement and cooperation with the China Mergers & Acquisitions Association. In July 2018, the BAC entered into a cooperation agreement with the China Mergers & Acquisitions Association and held a symposium on resolution of M&A disputes. This is the first time the BAC and an industrial association jointly draft and publicize a BAC arbitration clause, which is a change to industrial associations’ previous approach of internal sharing or promotion. Roughly 2,500 people read the report on this news through the BAC and the Association’s WeChat accounts, and both IFENG FINANCE and CHINA BUSINESS TIMES also prepared special reports. This cooperation strengthened the BAC’s reputation within the finance and investment circle, echoing the Collection of Arbitral Awards on Equity Transfer of the previous year and revealing the BAC’s professional competence.
6. Establishment of the international arbitration workshop. With the growth of its international reputation, the BAC has an increasing caseload of international arbitration cases and strong requirement for more internationalized expertise and business development works. Therefore, the BAC founded its international arbitration workshop, so as to support and assist with its handling of international cases and international business development.
7. Establishment of forum for leading law firms. Bearing in mind that lawyers are the most active force within the arbitration community and have sufficient capability and incentives to participate in arbitration-related events, the BAC built such a forum focusing on professional researches. With the engagement of non-litigation professional lawyers in the pre-arbitration stage, the forum aims to introduce arbitration into the contract drafters and signers, so as to promote the parties’ selection of arbitration and the BAC from the very beginning.
8. China-Africa Joint Arbitration Centre
The China-Africa Joint Arbitration Centre is one of the BAC’s essential layout works for the future international dispute resolution market. Based on the exchanges of last year, the joint centers had a conference in Africa at the invitation of the Nairobi Centre for International Arbitration, and discussed the organizational framework and working ideas of the China-Africa Joint Arbitration Centre. The joint centers preliminarily determined to coordinate the work through rotating presidency, make the constitution and arbitration rules as soon as possible, and expand the influence of the China-Africa Joint Arbitration Centre in Africa. Meanwhile, the Nairobi Centre for International Arbitration organized a high-profile symposium, where the BAC representatives delivered speeches in several sessions, and were interviewed by local TV stations and China Daily’s Africa office. From such face-to-face communication, it can be seen that a number of key decision-makers in Africa are impressed by the Chinese arbitration developing route, who have found the current costs of international dispute resolution difficult to bear. Using this opportunity, the BAC could well plan its long-term work in Africa and even more developing regions, so as to develop its international business and build its credibility in international arena.
9. Research
The research works in 2018 were carried out as planned, resulting in strengthened brand effect. Three issues of the Beijing Arbitration Quarterly were published, and the last issue of the year was already submitted to the press. The BAC scientific research funds published 14 new projects, 10 of which were already concluded. The BAC’s New Explorations of Dispute Resolution book project released its notice as usually, the BAC’s New Horizons of Dispute Resolution translation project launched a new translation book themed Third Party Funding in International Arbitration that is just about to be published, and the Chinese version and the English version of Commercial Dispute Resolution in China: An Annual Review and Preview were published on schedule. The “BAC Cup” Essay Contest evaluated 15 winning papers after the preliminary examination, reexamination and oral defense, including 1 first prize, 2 second prizes, 5 third prizes and 7 excellence prizes.
IV. Institution and Team Building
(I) Newly-added Deputy Secretary General
In order to meet the BAC’s need of professional development, the BAC set an additional Deputy Secretary General on April 2, 2018, who is in charge of arbitration case handling-related works (this is provided by the Constitution of the BAC 2018 and the decision made by the Chairperson’s meeting of the 7th Session of the BAC). So far, the BAC has formed a new management structure, with its Secretary General Mr. Lin Zhiwei presiding over the office’s overall daily routines, and its Deputy Secretary Generals, Ms. Yu Yan being in charge of Party-building, anti-corruption, personnel, finance, informatization and executive affairs; Dr. Chen Fuyong being in charge of case registration, international case handling, business development, brand building, research, recruitment and training of arbitrators; and Mr. Ding Jianyong being in charge of domestic case handling and administration of arbitrators’ case handling.
(II) Adjustments to the Divisional Responsibility and Personnel
To implement the conclusions of the second meeting of the 7th Session and the instructions of the Compensation and Benefit Committee, and to further improve the arbitration efficiency and BD works, the BAC made adjustments to the responsibilities of the three existing case handling divisions under the principle of highlighting professionalism. Two divisions will focus on case handling, and the other division will focus on case registration, research, BD, international cases and other projects.
(III) Regulation of Divisional Responsibilities
As per the instructions of the 2nd Session of the 7th Committee and the discussion at the Secretary General’s meeting, the BAC determined to survey and regulate the responsibilities of its divisions. The survey of job responsibilities of positions under the administration division was already finished, and the same work has been carried out with the remaining job responsibilities under other divisions.
(IV) Flexible Allocation of Supporting Staffs
Following the completion of the decoration and renovation of the case registration hall in September, adjustments were accordingly made to the working mode and job responsibility of the receptionists, so as to match up with the integrated services provided by the renovated case registration hall. Efforts were made to explore new patterns of employment and reduce the case managers’ routine works. For the purpose of lowering the costs of labor and management, professional firms were engaged to provide manpower outsourcing services, which has led to higher service quality and efficiency as shown in the practice.
(V) Renovation of Case Registration Hall
As the aging wires of the office area raised safety concerns and the increase of staff resulted in a limited office space and unsatisfactory working environment, the management proposed to renovate the office area. After seeking the opinions of all staff, it was agreed that it would be better to take a one-step approach, namely an overall renovation in 2020 when the lease of the 7th floor expires. As such, the renovation at this stage was only made to the part of office area on the 16th floor.
V. Party Building
In 2018, the general Party branch of the BAC (the “GPB”) stuck to the guidance of President Xi’s thought on socialism with Chinese features in the new era, and its leadership addressed itself to both Party-building works and business works, and strengthened the Party’s leadership over the Party branches’ works based on its deeper understanding of the new situation, new requirements and new tasks of the Party’s self-discipline. The GPB carefully combined the Party-building works with business works based on a comprehensive plan and refined coordination, and helped each of the Party branches continuously improve its political life. With the guidance of the GPB, the BAC’s Party branches have played an increasingly important role in the implementation of the key tasks of Party-building in line with their own conditions, strictly carrying out the routine of Party-building works, improving the regulation construction of Party branches, and raising the overall theoretical competence of Party members. Throughout the year, the BAC received the inspections of the higher Party organizations and discipline inspection groups for three times, with no serious discipline violation found. Meanwhile, the discipline inspection groups gave their praises for the BAC’s in the meeting minutes several times during their inspections.
VI. Experience and Deficiency
In 2018, we have further stressed the quality and efficiency of case handling, which constitute the core competitiveness of the BAC, and also strengthened the supervision over case handling. Firstly, we strengthened the unified administration and regulation of different divisions. In cases with complex details and enormous disputes, more attention was paid to efforts such as reference to similar cases and expert consultations, rather than to the efficiency of case conclusion itself, which were fully utilized so that the arbitral tribunals could obtained a diverse range of information and thereby reach their conclusions more professionally, impartially and cautiously. Secondly, we required that arbitral awards, in addition to full and proper reasoning, pay certain attention to their social consequences. This not only requires the tribunal to review each of the disputed issues between the parties, but also to supplement their reasoning if such reasoning is found insufficient for any key argument raised by the parties. In this course, some tribunals even changed the outcome of their draft awards, as they found that the determination in their previous drafts might be inaccurate. Thirdly, it is required to strengthen the communication with the parties, ensuring that the parties can feel and understand that their cases are taken seriously. Fourthly, all cases with two extensions of the time limit for rendering awards were displayed in the arbitrators’ online office system, which effectively reduces the situation of multiple extensions requested by arbitrators. Fifth, we strengthened the management of case managers’ case handling performance reports, and thereby effectively unified the standards of case managers’ performance reports, making sure that the performance management system could promote the quality and efficiency of case handling by case managers.
In addition, we seriously considered the problems in our previous BD works, and determined to carry out the BD works on the ground of a clear understanding of the BAC’s self-positioning and an in-depth analysis of target clients. The target clients were divided into three types: clients seeking high-end arbitration institution alternatives, clients seeking top professional competence, and clients seeking arbitration’s advantages. The BD works should be based on such analysis, with project contents designed and implemented accordingly. For example, the in-depth participation in the ICCA Congress and the holding of foreign-related conferences are meant to highlight the BAC’s international vision and capability of dealing with international arbitration cases, aiming at clients seeking high-end arbitration institution alternatives. The trainings provided to the Beijing Lawyers Association and enterprises under the State-owned Assets Supervision and Administration Commission are meant to reflect the BAC’s professional strength, aiming at clients seeking top professional competence. The cooperation with industry associations and joint conferences as well as speeches delivered at such events are meant to reveal the advantages of arbitration and update the clients’ understanding of arbitration, aiming at clients seeking arbitration’s advantages.
In the year of 2018, the BAC made some achievements and harvested some experiences, while it still has certain deficiencies. Our supervision over the whole process of case handling should be further improved, and so far “zero error” has not been realized in our review of arbitral awards. A part of the work plan made at the beginning of the year was not finished on time. Also, the construction of the culture inside the institution should be further strengthened.
VII. Key Goals of 2019
The greatest difficulty of the BAC in 2019 is still the unpredictability of the new caseload. As can be seen from the average figures of newly registered cases in recent months, for a long time in 2019, or even throughout the whole year, the BAC’s newly registered caseload is expected to be around 500 per month on average. Undoubtedly, this brings huge pressure on us. So in the next year, the BAC will, starting with the upgrade of its information system, stress on the improvement of its overall service level, further intensify its management level of arbitrators, case managers and case handling itself, and meanwhile sustain the BD workload with better planning and accuracy.
With respect to case management in 2019, the BAC will further strengthen its supervision over case management, further enhance the quality and efficiency of case handling, make and try out the specifications on arbitral award review, have standardized management of case handling program, and improve the archives administration.
Concerning its arbitrators and case managers, the BAC will firstly further regulate the appointment of arbitrators, and thereby better appoint arbitrators that match the case features and enhance their case handling quality. In addition, the BAC will implement the arbitrator warning and publicity system, and further study and improve the rules on arbitrator’s disclosure. Adjustments will also be made to the case manager training system, in order to make it more efficient and reasonable, with efforts in exploration of new mode of talents training.
As to BD works, the BAC will form a development committee that will make long-term plans for the building of a world-class diversified dispute resolution center. Based on the efforts in 2018, the BAC will further intensify its cooperation with industrial associations and the State-owned Assets Supervision and Administration Commission, finish the draft of the BAC International Investment Arbitration Rules and also accordingly host symposia and officially launch the draft of these rules. Besides, the BAC will carefully concentrate on the planning and holding of the 8th Greater China Arbitration Forum, highlighting its features and creativity.
With regard to its internal construction, the BAC will continue to improve its current comprehensive management system, convert such system into worksheets to enhance its work quality. Meanwhile, it will conduct a survey and reform of the existing salary system, making the structure of its salary system more scientific and reasonable.
For its informatization construction, the BAC will promote its information security management, accelerate the smart arbitration project, as well as establish and gradually improve its big data application platform.
Office of Beijing Arbitration Commission/Beijing International Arbitration Center
January 15, 2019