Beijing Arbitration Commission

Beijing Arbitration Commission 2011 Annual Review

Speech in Tea Party of 2012 Spring Festival

Good morning, respected leaders and my dear fellow arbitrators!

I am so glad to make 2011 work report as entrusted by the Beijing Arbitration Commission (the BAC) which mainly consists of six parts:

I. Cases Accepted

(1) Cases accepted in 2011 and applicable procedure for the accepted cases
Quantity: in 2011, the BAC has accepted 1,471 cases in total, 95 less than that in 2010 (1,566), reduced by 6.07%. Among the reduced cases, the cases with small dispute amount account for over 90%.

 (2) dispute amount of the accepted cases in 2011 The dispute amount of the cases in 2011 is 11.9 billion Yuan, the highest since the BAC establishment, 2.6 billion Yuan more than that in 2010, increased by 27.96%. The average dispute amount of each case is 8.0897 million Yuan, 2.1507 million Yuan more than that in 2010 (5.939 million), increased by 36.21%. The main reason lies in further increase of cases with large dispute amount and the cases with the dispute amount over 10 million, 50 million and 100 million Yuan have increased by 10.31%, 55% and 6.67% respectively than that in 2010.

(3) Case types in 2011
In accordance with the proportion of each type of cases, the disputes on sales contracts are 464, accounting for 31.54%, commission disputes are 269, accounting for 18.29%, disputes on construction engineering contracts are 259, accounting for 17.61%; and disputes on investment and finance are 136, accounting for 9.25%, and leasing contract disputes are 132, accounting for 8.97% and disputes on loan and guarantee contract are 59, accounting for 4.01%. As for other types of cases, please refer to the following chart.

Compared with the case types in the previous years, it could be seen that the proportion of the traditional cases such as involving sale contract, construction engineering contract and leasing contract etc. maintains unchanged. With the gradual completion of reform of state-owned banks, the disputes on loan and guarantee contracts have reduced substantially, by 50.42% and with the standardization of network management, the disputes on information and network contracts have decreased greatly, by 75.86%; however, the disputes on property, and forestry management commission contracts have increased to large extent, by 43.85% and the disputes on intellectual property rights and investment and finance have increased stably.

(4) Parties involved in the accepted cases in 2011
There are 603 cases in which one party or both parties concerned is in other places, 77 more than that in 2010, up by 14.64% and 119 cases in which both parties concerned are in other places, 27 more than that in 2010, by 29.35%. The dispute amount of the corresponding cases has increased greatly. For more information, please refer to the following chart.

The foreign-related cases are 38, 6 more than that in the previous year, by 18.75% and the dispute amount of the foreign-related cases has also increased greatly.

From the foregoing data, it could be seen that the case structure and quality accepted by the BAC has begun to take great changes: the simple cases with smaller dispute amount have declined and the complicated and professional ones with larger dispute amount have increased constantly and the cases in which the parties concerned are in other places have increased obviously. It shows that the BAC is expanding its influence and the cases accepted are more professional and high-end, which is the fruit of arduous efforts of all the arbitrators, members and workers of the BAC and the recognition and reward of the parties involved, agents, and all social circles for the core value such as independence, fairness, honesty, professionalism and high-efficiency always held by the BAC. We firmly believe that so long as we persistently and spare no efforts to carry out these values with our best efforts, and so long as we consistently make improvement, the BAC shall not only make sustainable development, but also hit the new high in arbitration field in the future. At the same time, we shall attain further spiritual fulfillment- as the undertaking which we are engaged in is to promote the well-being to the people and the life we are living in is the fair, excellent and dedicated life.

(5) Cases concluded

There are 1,486 cases concluded in 2011, 42 less than that in the last year, and the case concluded rate of 100.95%. Among the cases concluded, the cases for award account for 53.57%, for Statement of Conciliation account for 18.45% and the cases in which the parties concerned make the settlement account for 21.35% and the cases withdrawn by the parties concerned due to some other reasons account for 7.14%. Compared with last year, the cases concluded through mediation and cases withdrawn by the parties concerned due to some other reasons have increased to some extent and other cases concluded in some other matter have declined. Please refer to the following chart for the specific information.

The average time for each case from composition of arbitral tribunal to closing in 2011 is 67 days, 3 days less than that last year.

In 2011, 2 arbitration cases are set aside and 14 are refused to be enforced and cases set aside and re-arbitrated have declined dramatically; however, the cases refused to be enforced have increased greatly. Among 14 cases refused to be enforced, 13 cases are judged by the courts in some other places.

II. Performances

(1) In 2011, the revenue of the BAC is 78.5817 million Yuan (among which the arbitration fee is 74.5017 million Yuan and the house rental and other revenue is 4.08 million Yuan) and up to the end of 2011, the taxes paid by the BAC is 112 million Yuan, 25.27 times of financial appropriation at the beginning of the BAC establishment.

(2) In 2011, the BAC has 32 permanent employees and 3 paraprofessional personnel, among whom 22 are secretaries. The cases closed per capita are 67.5. The accountants have processed nearly 20,000 financial documents, paid 1995 remunerations to the arbitrators, declared 3,327 on line and opened 280 bills for paying taxes. In addition to that, the workers are also responsible for publicity, training, theoretical study, conference organization, international exchange, website construction and computer administration software development etc. 

With the time passing by, our work report is richer with more detailed data. Besides demonstrating one year’s achievement to each arbitrator, we shall also report our work to Arbitration Commission and Committee Office- please supervise our work. An important experience for the BAC to maintain the fairness is that our management and operation (including financial expense etc.) are very open and transparent and arbitrators are very concerned with and active to participate in our work.   

III. Establishment and Operation of Mediation Center

(1) Establishment of Mediation Center On August 1, 2011, the Mediation Center of the BAC was formally established with the approval of Municipal Bureau of Civil Affairs and it is the strategy adopted by the BAC to be convenient in cooperating with domestic and foreign counterpart institutions, providing and promoting the mediation services for commercial affairs and expanding the ability of the BAC on diversified dispute resolution. The mediation Center has established the council as the decision-making institute and 11 members are the leaders from State-owned Assets Supervision and Administration Commission, Taiwan Affairs Office of the State Council, China Banking Regulatory Commission and China Insurance Regulatory Commission and Municipal Construction Commission and 5 members from the BAC. In September, the Mediation Center held council meeting, and revised the mediation rules and mediation charging methods and employed some more mediators.

(2) Operations of Mediation Center in 2011
Since its establishment, the Mediation Center have contacted with Internet Society of China Mediation Center, Zhongguancun Entrepreneur Business Mediation Center, People’s Mediation Center of Municipal Construction Engineering Contract Dispute and Municipal Insurance Contract Dispute Mediation Committee and Beijing Banking Association and Beijing Intellectual Property Protection Association etc. to discuss about the cooperation model. On September 28, taking the opportunity of holding inaugural ceremony of mediation center, we held the seminar on “Mediation Development and Future Trends” which brought the leaders of mediation institutions and experts in mediation study and teaching together to discuss how to carry out the mediation education and training and improve the professional mediation, achieving positive results. In the future, we plan to carry out the mediation training and organize to establish China mediation forum through the cooperation with major mediation centers so as to jointly promote the development of mediation undertaking in China.

IV. Foreign Publicity and Exchanges in 2011

(1)  In 2011, the BAC has participated in 3 international and regional meetings and organized visits aboard, which consist of:
1. On Jan. 11, the BAC was invited to Bangkok Thailand to participate in the seminar titled “Diversified Dispute Settlement Mechanism in China” organized by United States Agency for International Development (USAID) and delivered the keynote speech. In the seminar, we had introduced to the participants the efforts we have taken to constantly publicize the independent mediation since 2008 and the experiences on training China’s high-end business talents by introducing the mediation training program from US, which aroused wide attention from the participants. Many US experts thought highly of that the BAC had positively promoted the diversified dispute solution system and its active role in China’s mediation training and other ADR training.

2. From Jul. 8 to 10, the BAC participated in the fourth Asia-pacific Regional Arbitration Group (APRAG) in Kuala Lumpur Malaysia and the secretary-general of the BAC Wang Hongsong was selected as the vice chairman of Asia-pacific regional arbitration institution and delivered the address titled “how to train the international arbitration talents in Asia-pacific region”, introduced the BAC’s experience in selecting and training the arbitrators and suggested the Asia-pacific regional arbitration institutions to deepen the communication and cooperation.

3. From Sept. 15 to 16, the BAC was invited to participated in the fourth Greater China Arbitration Forum in Macao and delivered the keynote speech titled “Advantages and Issues for Arbitration Institutions in Developing Diversified Dispute Solution Mechanism” in the session “Arbitration and Mediation Promotion Practice and Experience” and analyzed in great details the benefits and challenges of developing diversified dispute settlement mechanism for arbitration institutions by taking the practice of the BAC publicizing mediation and engineering dispute review as the instance.

(2) In 2011, we held over 20 thematic seminars through the cooperation with domestic and foreign colleges and universities, law firms, business associations and enterprises by utilizing the advanced facilities, received the visits foreign governments, teachers and students from colleges and universities, dispute settlement institutions and law firms and held more than 50 academic exchange events with over 3000 participants, among which the important ones are:

1. We held 8 “lectures on joint construction management” with Chartered Institute of Building, Tsinghua University CIOB Study Center, Design-build Association and School of International Engineering Management, Tianjin University etc. and the lecturers invited were the famous domestic and foreign legal and construction management experts and scholars. The themes covered international PPP/BOT best practice, how to mange the engineering project claims well, best practice of international EPC engineering project subcontract management, analysis on Libya crisis and international engineering force majeure and discussions on hot issues of Construction Engineering Contract (Model Text) 2011 revision (draft for comment), discussions on international engineering contract knowledge system and authentication international engineering contract, international dispute review (DAB/DRB) system and best practice, best practice of claims for international engineering contract delay etc. and participants included construction engineering enterprise legal consultants, engineering technique managers and lawyers from law firms, over 3,000 in total. The joint construction management lecture has become the branded platform to discuss the pioneering issues in construction and legal field.

2. We have assisted Beijing International Energy Expert Club in holding 5 high-end forums concerning energy and over 200 experts in energy field at home and abroad have participated in the forums, in which such topics as “US Energy Regulation Policy on Supporting Shale Gas Development”, “Carbon Tax, Carbon Trading and China Energy Low-carbon Transformation”, “Suggestions on 12th –five Year Renewable Energy Development”, “Energy Strategy in Crisis Times: Restrictions and Selections” and “Situation in Middle East and Energy Security” are discussed warmly, having enhanced the fame of the BAC in energy field.

3. the BAC, as the new social organization, is included in “leading cadres field teaching base” by Beijing Municipal Party School. On May 24 and Nov. 1, the BAC had received the students of “democracy and politics construction course” of leading cadres training program and young and middle-aged leading cadres training program of Party School and introduced to them the reform experience of the BAC. On Nov. 17, the students of young-cadre course of National School of Administration came to the BAC for field teaching of public institutions reform. The leading cadres participating in the course set a high value on the successful experience and fruitful results of the BAC in reform. It shows that the BAC insisting on institutional reform for a long time has not only won high recognition of business circles and academic field, but also received the confirmation of government leaders. the BAC shall play more active role in dispute settlement and democratic and legal construction.

4. On Jun. 21, the BAC, jointly with China Group Companies Association, held the forum on “overseas investment and operation legal risk management” which invited nearly 20 experts from large state-owned corporations, international corporations, administrative competent departments, law firms and relevant institutions to discuss about “perfecting legal risk management mechanism on overseas investment and operation” and over 100 legal counsels from large state-owned corporations and foreign companies participated in the forum.

5. A 14-member Singapore Legal Delegation, led by permanent secretary of Ministry of Law of the Republic of Singapore Mr. Pang Kin Keong and consisted of director of Singapore Economic Development Board Greater China, president of Singapore International Arbitration Center, managing director of Singapore Marine Arbitration Commission and famous Singapore lawyers, came to visit us on June 28 and both parties had made full communication regarding how to intensify the arbitrators management and training, how to improve the efficiency of arbitration case and how to best fulfill the social responsibilities etc.

6. On July 18, a 14-member Malaysian legal delegation, led by Mr. Tan Sri James Foong, Lord Chancellor of Federal Court of Malaysia, consisting of the chairman of Malaysian Law Society and director of Kuala Lumpur Regional Center for Arbitration came to visit us. Both parties have discussed the specific issues on cooperation, honestly exchanged the opinions and are looking forward to the cooperation later on.

7. On August 11, the symposium on “Jointly Building up Fair and Highly Efficient Dispute Resolution Platform” was jointly organized by Beijing Municipal Lawyers’ Association and the BAC. The vice-chairman of Beijing Municipal Lawyers’ Association Gong Sha and more than 90 participants including the directors, associate directors, general secretaries, and senior lawyers from ten professional committees including Business Guidance and Continuing Education Committee, Arbitration Legal Professional Committee, Merger and Acquisition and Reorganization Legal Professional Committee, Trust Legal Professional Committee, Construction Engineering Legal Professional Committee, Real Estate Legal Professional Committee, Trademark Legal Professional Committee, Copyright Legal Professional Committee, International Investment and Trade Legal Professional Committee, Media and News Press Legal Professional Committee, and Dispute Settlement Business Research Institute and Business Training Department of Beijing Municipal Lawyers’ Association had attended the symposium. Besides, the reporters from several news medias such as Xinhua News Agency, Beijing Daily, Beijing Youth Daily, Jurisprudence Daily, Lawyer’s Digest, Fangyuan Legal, Politics and Law Web etc. The participants have discussed about how to establish the BAC into the fair, independent and highly efficient dispute solution platform and how to exert its role etc. and have deepened their understanding on the prospects, value and social responsibility awareness of the BAC.

8. After receiving notice of seeking for opinions of World Bank Group on China’s business arbitration in 2010 Cross-border Investment Report forwarded by Ministry of Finance on August 14, the BAC immediately made the study and timely provided the feedback and data. The expert team of World Bank Group showed great importance to the opinions of the BAC, had not only revised the report based on the opinions, but also assigned the expert team consisting of cross-border investment directors, senior investment policy officials and cross-border investment report project managers etc. came to the BAC for opinions. This is the active contributions made by the BAC to enhancing the international influence of China’s arbitration.

9. the BAC jointly held the fifth meeting of China Arbitration Forum with Law School, Tsinghua University on Nov. 3, having mainly discussed two issues which are “Arbitration Juridical Examination and Revision of Civil Procedure Law” and “Reform of Public Institutions and Arbitration Institution Development”. The relevant leaders from Sub-committee of Legislative Affairs of the Standing Committee of National People's Congress (SCOLAOSCONPC), Supreme People’s Court, Central Staffing Department and Ministry of Human Resources and Social Security and the experts and scholars from National School of Administration, Tsinghua University, Peking University, Renmin University of China, China University of Political Science and Law, and Wuhan Universities etc, as well as the principals of over 20 arbitration institutions had participated in the forum. The discussed topics in the forum have aroused strong response. After the forum, the BAC had sorted out the suggested draft for revision on arbitration, juridical and supervision articles and reported to SCOLAOSCONPC with the approval of over 90 arbitration commissions. At the same time, we have sent the opinions and suggestions on legal person position of arbitration institutions in classified reform of public institutions to the relevant department through some channels.

10. Having intensified the communications with law firms and the company’s legal counsels. the BAC has been invited to Jindu, Hongfan & Guangzhu and Dacheng law firms to give the special lectures regarding how to enter into the arbitration clauses, which has deepened the understanding of the lawyers on arbitration clauses and arbitration proceedings and provided the favorable references for the lawyers to reasonably choose the form of dispute settlement and design the corresponding arbitration clauses. In addition to that, we have been invited to give the thematic lectures on dispute settlement in “Company’s Chief Legal Counsel Training Class” organized by State Grid, China Construction Third Engineering Bureau Co., Ltd. and State-owned Assets Supervision and Administration Commission of the State Council of Beijing Municipal. Furthermore, we, together with the relevant departments and institutions such as State-owned Assets Supervision and Administration Commission of the State Council etc. have provided the assistance in holding “2011 Corporate Legal Affairs”.

11. the BAC has received the visits of senior partners of dozens of foreign law firms such as Pinsent Masons, Eversheds, Steptoe & Johnson, Baker Botts, Hogan Lovells, Bennett Jones and De Brauw Blackstone Westbroek etc. All the foreign lawyers, after learning the efforts made by the BAC for developing diversified dispute settlement mechanism and adopted international practice, believe that the BAC has great development potentiality in international arbitration field and are looking forward to the future cooperation with the BAC. Besides, we have also received the visits of Vienna International Arbitration Center, Juridical Arbitration & Mediation Services (JAMS), Asian American Law Institute Center of New York University and Hastings College etc.

12. the BAC will continue to support the teaching and research of colleges and universities. the BAC has sponsored the 7th thesis competition titled “Young Scholar” held by China University of Political Science and Law, and director Jiang, and secretary-general and relevant section chiefs have participated in the award ceremony & Chinese law forum and delivered the speeches. In addition to that, we have been invited by the law schools or business schools of Peking University, Tsinghua University, China University of Political Science and Law, Central University of Finance and Economics, China Foreign Affairs University and Hunan University etc. to give lectures on arbitration practice or dispute settlement & risk prevention. Besides, the BAC has assigned the relevant arbitrators to provide guidance on the simulation arbitration tribunal event held by law association of Law School, China University of Political Science and Law. 

13. Master of Science of Organization Development project program of Business School of Pepperdine University came to the BAC to visit us and explore the BAC’s successful experience in organization and development on July 7. This is the sixth time for the project program to come to the BAC. They believed that the BAC’s attraction lied in constant change of the BAC with the time development rather than the successful experience achieved by the BAC. In 2011, we have received Law School delegation of Erasmus University Rotterdam, law school student delegation of University of Lapland, and the foreign students from Peking University “Chinese law” master’s program, Tsinghua University “Chinese law” master’s program and “Chinese Taxation Law” program of Renmin University of China, Law School and introduced to them the BAC’s experience in international business arbitration and settling international business disputes through mediation. Besides, we have received 14 foreign doctors and postgraduates from Pennsylvania, the University of California at Berkeley, New York University, Cardozo, University of Vermont, Oxford, London University and University of Nantes, Gent University, Belgium and The University of Melbourne to probate in the BAC which has exert the positive role in publicizing and promoting China’s arbitration system.

In a word, the BAC has made the breakthrough progress in foreign publicity and international communications in 2011. The number of events, quality and social effects achieved has been greatly improved compared to the previous years.
(3) Magazine editing and information release
1. In 2011, Beijing Arbitration has been published 4 volumes (75-78), and 43 articles have been edited and published, 617,000 words in total. Whenever publishing each volume, the special seminars shall be organized based on the practical needs; as a result, the articles published have been further enhanced in quality and practical value. The authors of 11 articles are foreigners (Including Hong Kong, Macao and Taiwan) and the practical articles written or translated by our arbitrators and workers have increased dramatically, among which the arbitrators have published 10 and the workers published 8.  
2. the BAC News has been published 5 volumes in 2011 and from Oct., the content had been adjusted so that “Arbitration Review” and “Special Focus” shall talk more about the arbitration procedure and study on some professional issues, which has increased the width and depth of the magazine.

3. We have timely released the BAC news on the website in 2011, among which Chinese website has edited and released 106 special news with 266 pictures and English website has edited and released 17 special news with 57 pictures. At the same time, we have optimized the website page code and key words of five-language edition so as to bring convenience for searching the BAC information and enhancing the page views. The website visits in the whole year reach to 598,395, increased by 18.3%, among which the visits of Chinese website increased by 21.1% and of English website increased by 19.7%, of Japanese website increased by 9.4%, of Korean website by 8.9% and of French website increased by 7.1%. Please refer to the following chart for the specific information:

tatistics on the BAC’s Website Visits in 2011

Website in

2010 (person-time)

2011 (person-time)

Rate of Increase

Chinese

331524

401314

21.1%

English

70195

84012

19.7%

Korean

32134

35021

8.9%

Japanese

40267

44037

9.4%

French

31747

34011

7.1%

V. Business Communication, Practice Training and Theoretical Study

(1) Business communications in 2011

1. We have intensified the business communications with the relevant departments such as municipal court for 5 times, which are: on Jan. 28, vice president of Beijing Municipal Second Intermediate People’s Court Ji Luohong, with the president of executive authority Su Liying and persons in charge of each tribunal came to the BAC to discuss and talk about enforceability of arbitration award and preservation with the BAC. On Jul. 29, the presiding judge of 3 Civil Tribunal of Beijing Municipal Second Intermediate People’s Court Li Yanhong and each presiding judge of collegiate bench held the business communication on arbitration juridical supervision for one day with the secretary-general, section-chiefs and some of senior secretaries to listen to the opinions of the judges on arbitrations. On Oct. 20, the BAC held a forum with 1 Civil Tribunal of Municipal Supreme People’s Court regarding revision of Guidelines on Several Issues on Hearing Construction Engineering Contract Dispute (Draft for comment). In addition to that, we organized the old and new secretaries to learn and communicate with 3 Civil Tribunal of Beijing Municipal Second Intermediate People’s Court in July and September. The foregoing events have promoted the mutual understanding between the judges and the BAC workers and arbitrators and intensified the support of the courts to arbitration.

2. We held an arbitrator meeting on Mar. 31 in which we introduced the work in 2010, existing issues and improvement measures in great details, listened to the opinions and suggestions of the arbitrators and made the communications with the arbitrators on standard on preparing the award. On Sept. 8, we held the chief and sole arbitrator forum and communicated with the arbitrators on how the chief and sole arbitration promote the proceeding, effectively organize the court hearing, coordinate with different opinions in arbitration tribunal and prepare the award etc. and listened to the arbitrators’ opinions and suggestions on the work of secretaries.

3. To response the issue that the construction cost appraisal in some construction engineering cases takes too long time, we specially designed the questionnaire and issued to 27 appraisal units selected by the BAC in July and August. Based on the analysis of feedback questionnaire, we held “construction engineering cost appraisal” forum on Sept. 1 which 25 appraisal units and some arbitrators participated in. All the participants had made the discussions on regulations on the BAC appraisal, access and appraisal system of appraisal units, how to avoid delaying the appraisal procedure, which has deepened our understanding on the issues and enriched our thought on issue solutions. At present, construction engineering salon team is drafting the guidelines on construction cost appraisal procedure and recommended management regulations of appraisal institutions and has finished argumentation within the salon team. the BAC shall complete the revision of work specification on construction cost appraisal in the first half year combining this effect.

(2) As for training, we have perfected the content and form of arbitrator training and new lawyer arbitration training, including:

1. From Jan. 13 to 17, 2011, the BAC held the third mediator training program through the cooperation with Straus Dispute Settlement School of University of Pepperdine, which has acquired the support of U.S.-China Legal Cooperation Fund. The training content mainly included the mediation practice and operation skills which are rare in China. The teachers from law schools in five different cities and provinces and professionals relating to the mediation-25 in total came to participate in this training. Besides, we have opened the mediation program for the colleges and universities in talent training.

2. We held the 11th and 12th arbitrator training program with the cooperation of Law School, Tsinghua University in May and October respectively and 108 professionals have participated in the training among whom 102 have finished the course. The arbitrator training program, since being approved for implementation by the Commission in 2004 and holding the first program in Jan. 2005, has been held for six years and 12 training programs have been held with more than 610 participants. The training program has not only improved the ideological level and professional quality of the arbitrators, but also deepened the understanding and recognition of the professionals of all sectors on the BAC.

3. We, through the cooperation with municipal lawyers association, School of Continuing Education, Tsinghua University, have organized 7 simulation arbitration teaching events for training the new lawyers and 30 arbitrators are invited to teach and over 1,500 new lawyers have participated in the training. Since its opening in Oct. 2009, the new lawyer training has been held for 18 times up to the end of 2011. 74 arbitrators have voluntarily participated in teaching and over 3,200 new lawyers have accepted the training. Through 2 years’ practice, the new lawyer training has become a brand of three-party cooperative teaching, which has exerted the positive meaning and profound influence on promoting arbitration, improving the lawyers’ professional quality and accumulating the experience for new arbitrators. In the year 2011, we have cooperated with Railways Bureau of Huhehaote and China University of Political Science and Law in organizing the simulation arbitration event for the cadres engaged in law affairs in railway system and over 100 cadres from the railway system have participated in the training. At present, we are considering to systematize and long term this training.

4. the BAC held 12 arbitrator salons in 2011 with the content covering settlement of construction engineering dispute through arbitration, several issues during the development of financing guarantee sector in China, application for canceling arbitration award: current status· issues · suggestions, advancement of arbitration procedure from the perspective of institutions, discussions on dilemma faced by Chinese companies in international arbitration and how to solve, Chinese juridical practice on benefit conflicts among the shareholders, focus on the new financing form of construction engineering-BT franchising operation, analysis of relevant legal issues during share transfer dispute, how to effectively communicate with the parties concerned in the case, other arbitrators and arbitration institutions, national sovereign immunity and recognition and execution of foreign arbitration award etc. At the same time, the arbitrator construction engineering team has held 4 activities and made the full discussions on the common legal issues such as house purchase and sales arising from purchase limit policy, recognition on the effectiveness of construction engineering contracts, confirmation and payment of construction engineering amount, recognition of construction engineering duration and quality responsibility, and responsibility for breach of contract etc. About 900 arbitrators and other professionals have participated in the foregoing activities.

5. On Sept. 6 and 7, we organized the special training regarding risk prevention on labor subcontract dispute with municipal Housing and Urban-rural Development Committee (HURDC). The municipal construction engineering market management department, major construction contract companies and many services management offices in Beijing have appointed the relevant professionals to participate in training, which has greatly improved the ability of construction companies in preventing and dealing with labor subcontracting disputes. On such basis, we have entered into the cooperation framework agreement with HURDC on labor subcontracting dispute settlement.
(2) The research results achieved in 2011 mainly include:
1. Finished the study report on “empirical analysis of foreign-related dispute settlement and risk management for our companies” which has been affirmed by the leaders by SASAC and formally released to the business world as an important part of “legal risk management during overseas investment and operation of group companies” hosted by China Group Companies Association.     
2. Responsible for writing report on the development of arbitration in China and have systematically sorted out, summarized and reflected the development of arbitration since the founding of the People’s Republic of China. This report has been formally released as a part of Report on China’s Law Development 2011- Law Enforcement towards Diversity in December and published by Renmin University of China Press.
3. To further enhance the arbitrator’s arbitration award preparation level, improve the arbitration award preparation standard of the BAC, the BAC has selected the 2006-2008 arbitration awards based on the recommendation of arbitrators and secretaries handling the cases and completed the excellent arbitration award compilation. 30 excellent arbitration awards have been selected and compiled, 350,000 words in total, which shall be posted on arbitrator online office for reference and will be formally published when conditions permitting. In the future, we plan to select the excellent awards annually and make the compilation so that we could timely share the good thoughts, experience and practice.
4. We have compiled the construction engineering awards in the previous years to improve the judgment on construction dispute and enhance the award quality of construction engineering cases, and selected rather typical and exemplary awards to compile a book. At present, the first volume has been completed, 250,000 words in total. 
5. Construction arbitrator salon team has completed the revision of Guidelines on Cases Classification-Construction Engineering which has been posted on the arbitrator online office and we shall post the revised edition online this year.
6. Have compiled Analysis and Compilation of Typical Cases on Beijing Real Estate through the cooperation with Beijing Municipal Supreme People’s Court and Beijing Municipal Real Estate Law Society (have completed and are contacting with the publishing house).
7. Have organized the relevant personnel to compile the ruling of the courts to revoke the arbitration awards in 2006-2009 and formed four volumes of Arbitrator Manual, over 1 million words in total.
In other words, 2011 is the year we have made the most research results and achieved best effect.   

VI. Information Management and Office Construction

(1) Information Management
In the year 2011, we have continued to promote the information management on cases, perfected the arbitrator online office system and website, and redeveloped management system for secretaries handling the case. In the arbitrator online office system, we have added the operation of suspensions of arbitration and time-limit trial so that the time-limit trial for a case is more accurate, revised the calendar sorting in arbitrator online office system, that is, revising the generated calendar time sequencing into to-handle time sequencing, which has not only enabled the arbitrators to know clearly the schedule for the cases to be heard and reviewed, but also perfected the time record of each important tache during the whole procedure. So long as the arbitrators and secretaries handling the cases click the corresponding time column, the computer will automatically save the arbitration submission time and time for completing the award etc. Besides, we have opened case filing information column on the website and the secretaries may reply through arbitrator online office system and at the same time, there is the case complaint column and the section chief and secretary-general may check and deal with through office system. In addition to that, we have redesigned and developed the former case management system software. The newly developed case management system has optimized the system functions and database structure so that the information input, operation of arbitration procedures, work warning and SMS sending and management of court ruling etc. are more perfect and convenient. What’s more, we have strengthened the storage and management of working experience, the notices, suggestions, decisions and revised editions later on sent by the secretaries during the arbitration shall be saved automatically. Our e-mails have been changed into corporate e-mails, which have improved the user-friendliness and stability of the e-mails.

(2) Our human resources have been enriched in 2011 and we have employed 6 more secretaries and 3 workers engaged in finance and computer management.
(3) We have amended the secretary manual in 2011 which has further enhanced the standardization and operability of secretary arbitration procedure services.
(4) To enhance the theoretical study and ability in handling the cases of the secretaries, the business department organized 5 internal seminars on difficult cases and began to hold the workshops since August, in which the secretaries may take turns to talk about the topics they are good at in the morning each Friday. At present, 15 workshops have been held.
(5) To better learn the development trend and latest achievements on international dispute settlement and enhance the BAC’s strength as the dispute settlement research and information exchange center, we have purchased hundreds of English books regarding arbitration and mediation and book management software with the total value equivalent to 200,000 Yuan in 2011 for the workers, arbitrators and relevant departments to refer to.

This is our work in 2011 and the foregoing achievements are the arduous efforts of all the arbitrators and could not be separated from the assistance and support of the municipal government and all social circles. Therefore, I, on behalf of all the personnel, would like to take this opportunity to show our heartfelt thankfulness to your long term trustiness, encourage and support for me and our team.

With the time passing by, the BAC has gone through for 17 years since its establishment. Looking back, we are full of happiness and gratitude, as we are so lucky. Each challenge creates opportunity, every mistake results in growth, every difficulty adds wisdom, each frustration turns into courage and every pressure brings fortitude and every effort receives achievements, so many contingencies have made the necessity and so many dreams have been realized. Looking back, we shall not be troubled with the vain and humdrum life, as we have overcome the difficulties and optimism and confidence are coming on with us and success has become an integral part of our personality. We shall naturally, voluntarily and actively overcome all the obstacles during the development. the BAC is ready to set off and the hope is deeply ingrained in all of us. So long as we put our hope into practice, the BAC shall surely have a more brilliant future!

At the coming of Spring Festival, wish you happy festival, every joy in life and good health!

Model Arbitration Clause Arbitration Clause
All disputes arising from or in connection with this contract shall be submitted to Beijing Arbitration Commission / Beijing International Arbitration Center for arbitration in accordance with its rules of arbitration. The arbitral award is final and binding upon both parties.
Events
More >>>
Copyright© Beijing Arbitration Commission. All Rights Reserved.link   |   Copyright