Publish time: Tue Dec 24 13:51:39 CST 2024
BAC/BIAC was established in Beijing in 1995 by the People’s Government of Beijing Municipality and registered with the Beijing Municipal Bureau of Justice in accordance with the Arbitration Law of the People’s Republic of China. It was one of the first seven pilot arbitration institutions in China. On December 4, 2014, in line with its goal of international development, BAC/BIAC officially adopted the name "Beijing International Arbitration Center" for the first time.
In response to the call of building Beijing into an “international commercial arbitration center to facilitate the capital's construction of an international center of scientific and technological innovation as well as an international communication center”, BAC/BIAC officially changed its name from "Beijing Arbitration Commission/Beijing International Arbitration Center" to "Beijing Arbitration Commission/Beijing International Arbitration Court" on December 4, 2024, after completing the name change registration with the Beijing Municipal Bureau of Justice.
As BAC/BIAC approaches its 30th anniversary, it will continue to build a world-class arbitration institution with a brand-new look, lead the innovation of rules and standards, align with international practices, and actively support the construction of an international commercial arbitration hub.
Establishing BAC/BIAC as a World-Class Arbitration Institution
On November 25, 2024, during a visit to BAC/BIAC, Yin Yong, the Deputy Secretary of the CPC Beijing Municipal Committee and Mayor of Beijing, pointed out that BAC/BIAC should continue to optimize its arbitration service capabilities, improve the quality and efficiency of case handling, expand diversified dispute resolution channels, deepen international exchange and cooperation, enhance its global influence, build a world-class arbitration institution, and contribute more to the development of the "Two Zones".
BAC/BIAC has consistently adhered to and will continue to advance its achievements and promote innovative development in the following aspects:
1 Institutional Reform
BAC/BIAC has thoroughly implemented the policies and directives of the central government and has actively carried out institutional reform of arbitration institutions following the requirements of the Beijing Municipal Party Committee and Municipal Government.
This round of reforms, marked by the appointment of the Eighth Committee of the Beijing Arbitration Commission on September 1, 2023, has already yielded significant results through practical exploration. In the more than one year since the operation of this mechanism, BAC/BIAC has revised and improved 10 rules and regulations, effectively ensuring the institution's efficient and smooth functioning. With the reforms, BAC/BIAC has presented a brand-new look, providing a solid foundation and driving force for its international development.
2 Improving Case Handling Quality and Efficiency
Since its establishment, especially in the last decade, the number of arbitration cases handled by BAC/BIAC has continued to grow.
The growth of international cases at BAC/BIAC is particularly notable, with an average annual growth rate of 24% in the number of cases and 68% in the amounts in dispute.
The quality and efficiency of BAC/BIAC's arbitral awards also remain at a high level, earning strong recognition from both domestic and international parties.
Over the years, BAC/BIAC has continuously improved its arbitration rules and case management system to meet international standards, satisfying the dispute resolution needs of international parties to the greatest extent.
3 Creating International Arbitration Rules
Since its establishment, BAC/BIAC has revised its "Arbitration Rules" ten times. All previous revisions have closely followed the advanced international arbitration practices, attracting wide attention both domestically and internationally. BAC/BIAC has become an industry leader in the revision and improvement of arbitration rules.
4 Innovating Arbitration Services
On the basis of continuous innovation of rules, BAC/BIAC has also actively promoted the practical application of these rules, ensuring that the innovations benefit all parties and their representatives.
Since 2019, BAC/BIAC has actively encouraged and supported the application of hourly rates for arbitrator fees in appropriate cases, effectively reducing the dispute resolution costs for parties.
BAC/BIAC strengthens communication and cooperation with the courts to jointly promote the seamless integration and complementary functions of litigation, arbitration, and mediation, build a fair, efficient, and convenient diversified international commercial dispute resolution mechanism, and protect the legitimate rights and interests of the parties in accordance with the law.
5 Diversified Dispute Resolution Services
BAC/BIAC has actively expanded the diversified forms of dispute resolution rules, leveraging its differentiated system advantages to provide diversified dispute resolution services for the parties.
Since the commencement of the 8th Committee, BAC/BIAC has actively explored mechanisms for dispute prevention and resolution before arbitration.
In 2008, BAC/BIAC launched China's first independent mediation rules for the arbitration institution and established an independent mediation center in 2011, accumulating rich experience in the professional and market-oriented development of mediation. During discussions on the Singapore Mediation Convention as an observer of the Working Group II of the UNCITRAL, BAC/BIAC promptly contributed its experience and observations on independent commercial mediation.
As early as 2009, BAC/BIAC issued the "Construction Dispute Board Rules", becoming the first arbitration institution in China to implement Construction Dispute Board Rules and establish a recommended panel of experts. The Rules has been frequently selected by parties in practice, successfully assisting them in resolving disputes quickly. Additionally, this rule provided Chinese experience for the formulation of the arbitration rules launched by the Working Group II of the UNCITRAL in 2022.
In 2019, BAC/BIAC issued the "Rules for International Investment Arbitration", offering a Chinese solution for the reform of international investment arbitration systems.
Support the Construction of Beijing as an International Commercial Arbitration Hub
Over the years, BAC/BIAC has focused on promoting international exchange and cooperation, actively participating in the formulation of international economic and trade rules, advancing the development of foreign-related arbitration talents, and serving global parties based on the functional positioning of the capital city.
1 Engage in International Exchange and Cooperation
Over the years, leveraging the advantages of the capital city, BAC/BIAC has continuously strengthened communication and collaboration with professionals in international arbitration, legal, economic, trade, and other fields, actively promoting China's arbitration brand, facilitating the integration of international arbitration with Chinese experiences, and promoting the continuous improvement of transaction rules and legal systems through the sharing of adjudication concepts, the exploration of rule application, and the practice of dispute resolution, thus leading the development of the industry.
BAC/BIAC has actively built platforms for exchange between Chinese and foreign professionals, providing foreign practitioners with a window to understand China’s commercial dispute resolution industry.
This year, BAC/BIAC added 8 new international strategic partners, further expanding its international network. Through the above activities, BAC/BIAC has not only strengthened its international exchange and cooperation but also significantly enhanced the global influence of Chinese arbitration, contributing positively to the development of global arbitration legal services.
2 Actively Participating in the Formulation of International Economic and Trade Rules
In the context of globalization, BAC/BIAC has actively played its role as an observer of the UNCITRAL, participating in the formulation of international economic and trade rules, continuously contributing its research outcomes and practical experience, amplifying China's voice on the international stage, and demonstrating the professional, open, and inclusive international image of Chinese arbitration institutions.
3 Advancing the Development of Foreign-Related Arbitration Talents
BAC/BIAC has made significant progress in building its foreign-related arbitrator team, establishing a comprehensive system for the selection, appointment, management, and evaluation of arbitrators, based on measures such as the "Administrative Measures for the Engagement of Arbitrators", "Measures for the Recommendation and Appointment of Arbitrators", "Code of Conduct for Arbitrators", "Guidelines for Challenge to the Arbitrator and Information Disclosure", "Arbitrator Training and Evaluation Regulations", and " Guidelines for Case Handling".
BAC/BIAC also strongly supports the cultivation of future legal talents by providing numerous internship opportunities for students from domestic and foreign universities. From 2005 to August 31, 2024, BAC/BIAC has recruited over 3,600 interns from domestic universities and over 80 interns from well-known law schools across 18 countries and regions.
4 Serving Global Parties Based on the Positioning of the Capital City
BAC/BIAC actively implements the decisions and deployments of the Central Government and the Municipal Party Committee and Municipal Government to help build Beijing into an “international commercial arbitration center to facilitate the capital's construction of an international center of scientific and technological innovation as well as an international communication center”. Since October 2023, BAC/BIAC has actively supported legislative research and consulting work for the construction of the Beijing International Commercial Arbitration Hub, selecting and sending professionals to participate in the legislative working group, and providing intelligent support.
To highlight the flexibility and efficiency of arbitration, BAC/BIAC signed the "Cooperation Framework Agreement on Promoting the Digital Economy Arbitration Center Collaboration" with the Beijing International Data Exchange, jointly establishing the BAC/BIAC Digital Economy Arbitration Center on the basis of this Agreement. To protect scientific and technological achievements and safeguard the innovation market, BAC/BIAC is also actively promoting exchange and cooperation in intellectual property with relevant entities. Furthermore, to promote the collaborative development of arbitration institutions in Beijing-Tianjin-Hebei, BAC/BIAC held the Beijing-Tianjin-Hebei Arbitration Institutions Collaborative Development Symposium with 13 arbitration institutions in the Beijing-Tianjin-Hebei region, the Hebei Provincial Department of Justice, and the Hebei Arbitration Association.
Conclusion
Since its establishment in 1995, BAC/BIAC has handled more than 92,000 arbitration cases, with total amounts in dispute exceeding RMB 900 billion. The development of BAC/BIAC could not have been achieved without the care and guidance of the Ministry of Justice, the Beijing Municipal Party Committee and Municipal Government, and the Municipal Bureau of Justice, nor without the support and supervision of the Supreme People's Court, Beijing People's Courts, and people's courts in other regions. It has benefited from the cooperation and exchanges with domestic and international arbitration practitioners and all sectors of society and also relies on the trust and choice of the parties in the BAC/BIAC, as well as the upright, diligent, and dedicated team of arbitrators and case managers.
In the future, BAC/BIAC will continue to consolidate the achievements of the reform. With the positioning of "Beijing Arbitration, Global Solutions", and focusing on the goal of establishing BAC/BIAC as a world-class arbitration institution and advancing Beijing as an International Commercial Arbitration Hub, BAC/BIAC will provide world-class dispute resolution services for parties all over the world. Once again, we thank all sectors of society for their support and attention to BAC/BIAC over the years!