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Domestic:
1. The 11th Cross-strait Economic and Trade Arbitration Seminar held in Fuzhou
On September 16, 2011, the China International Economic and Trade Arbitration Commission (CIETAC) and Chinese Arbitration Association, Taipei, jointly attended the Fujian Session of the 11th Cross-strait Economic and Trade Arbitration Seminar held in Fuzhou. During the seminar, experts and scholars from arbitration community from both sides of the strait gathered and engaged in extensive discussions on topics including: 1) Rules and Practices: The New Development; 2) New Ideas of Courts of both sides of the Arbitration Ruling; and 3) Pilot Development on Taiwan’s West Coast: The Opportunity and Challenge. The forum was attended by over 300 judges, scholars, lawyers, and business people throughout the country.
http://cn.cietac.org/NewsFiles/NewsDetail.asp?NewsID=1085
2. The Ministry of Finance replies to proposal No. 5230 jointly brought forward at the 4th Annual Session of the National People’s Congress by 13 representatives, including Liang Huixing
On July 27, 2011 the Ministry of Finance replied to proposal No. 5230 jointly brought forward at the 4th Annual Session of the National People’s Congress by the 13 representatives, including Liang Huixing. The representatives proposed to institute a preferential tax policy for arbitration institutions. The Ministry replied that according to the PRC Enterprise Income Tax Law and its implementing regulations, enforced January 1, 2008, the income of eligible non-profit organizations is deemed to be tax-free if the income does not include revenue from engaging in profit-making activities, unless otherwise specified by the competent authorities of the State Council for finance and tax. Accordingly, the Ministry of Finance and the State Administration of Taxation issued a Notice on Tax-free Income of Non-profit Enterprises and Organizations (Tax [2009] No. 122) and Notice on Issues in Relation to Granting of Tax Exempt Qualification for Non-profit Organizations (Tax [2009] No. 123), a series of issues on how non-profit organizations can qualify for tax exemption.? It also included information on how to manage tax exemption qualification for non-profit organizations and clarified how tax-free income of non-profit organizations is eligible for tax exemption. Currently, the Ministry is in correspondence with relevant departments to further improve tax incentives for non-profit organizations. The proposal for preferential tax policy for arbitration institutions will be considered by way of further study and investigation.
http://www.china-arbitration.com/news.php?id=2116
3. The Supreme People's Court to regularize the discretion in civil trial
The Legal Daily reported on an explanation from The Supreme People’s Court about constraints and norms on the discretion in civil and commercial matters at the 3rd “Han River Cup” Woodpecker Trial Forum and Discretion and Justice Seminar held in Xiantao City, Hubei Province. According to Mr. Luo Dongchuan, deputy director of research for The Supreme People’s Court and head of the Institute of Applied Law, the judicial documents will focus on civil and commercial matters. The documents will give a comprehensive look at procedural and substantive norms with respect to the judge's discretion. These documents aim to unify judicial scale and protect justice, thereby enhancing the credibility of the judiciary and judicial authority.
http://www.chinalawinfo.com/fzdt/NewsContent.aspx?id=30447
International:
1. The 2012 ICC Rules of Arbitration: New Rules, New Responsibilities
03 October 2011
The International Court of Arbitration of the International Chamber of Commerce (the "ICC") launched its long-awaited revised version of the Rules of Arbitration (the "Rules") on 12 September 2011. The Rules come into effect for arbitrations commenced on or after 1 January 2012. The revision process, initiated in 2008, was intended to address the growing complexity of business transactions, to enhance transparency, and to meet the demands for greater speed and cost-efficiency.
http://ca.linexsystems.com/contents/view/2811955
2. Court Refuses to Uphold Mediation clause
18 August 2011
In Elizabeth Chong Pty Limited & Anor v Brown [2011] FMCA 565 (22 July 2011) the Federal Magistrate’s Court refused to stay proceedings on the basis that a mediation clause contained in an agreement between one of the applicants and the respondent had not been complied with.
http://www.dibbsbarker.com/service/Disputes_and_Litigation/default.aspx
3. Mauritius: The establishment of LCIA-MIAC
28 July 2011
On 28 July, at the Commonwealth Secretariat, Marlborough House, in London, the Government of the Republic of Mauritius, the LCIA and a new Mauritian company incorporated for the purpose, Mauritius International Arbitration Centre Limited (MIAC), entered into an agreement for the establishment and operation of a new arbitration centre in Mauritius, to be known as LCIA-MIAC Arbitration Centre.
http://www.lcia.org//News/Mauritius_The_establishment_of_LCIA_MIAC.aspx
4. WIPO Advanced Workshop on Domain Name Dispute Resolution: Overview of Precedent and Practice
The WIPO Arbitration and Mediation Center is internationally recognized as the leading institution in the resolution of Internet domain name disputes. Since December 1999, the WIPO Center has administered over 36,000 proceedings, of which over 20,000 under the WIPO-initiated Uniform Domain Name Dispute Resolution Policy (UDRP) adopted by the Internet Corporation for Assigned Names and Numbers (ICANN). The UDRP applies to disputes in the generic top-level domains (gTLDs) (e.g., .com, .net, .org, .mobi), as well as an increasing number of country code top-level domains (ccTLDs).
http://www.wipo.int/amc/en/events/workshops/2011/domainname/
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