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BAC Secretary General Delivers A Speech at the Academic Seminar in Celebration of the 50th Anniversary of the New York Convention
On June, 6th, 2008 an academic seminar was held in the celebration of the 50th anniversary of the New York Convention, jointly held by China International Economic and Trade Arbitration Commission (CIETAC) and Renmin University of China.
Wan E’xiang, Vice President of the Supreme People’s Court, delivered a speech and discussed the problems encountered in the current judicial review process with the participants. The issues included the following:
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Can non-signatories to the arbitration clause be bound by it? |
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If the ICC sets an arbitration seat in China, will this be considered as a domestic award, or a foreign one? |
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The understanding of Article 5.1 e in New York Convention: if the law of other states were cited in arbitral award, can the court of country whose laws are cited be entitled to revoke the arbitral adjudication? |
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Can the absence of an arbitrator from one hearing be used as grounds for a procedural challenge to the award? |
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If a contract provides for negotiation prior to arbitration, can the hearing be carried out in the absence of such negotiation? |
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As for the independence of the arbitration clause and the choice of Applicable Law, how should Applicable Law be identified with regard to procedure? |
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If an applicant fails to attend the hearing based on the claim that they did not receive notice of arbitration, does this violate their right to a trial? |
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In maritime arbitration, if a party does not receive the arbitration clause with the bill of lading, is that party still bound to arbitration? |
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How should public policy and issues of non-arbitrability (such as labor and family law) be interpreted in terms of reasons to set aside the award? |
Vice President Wan also revealed that the fourth courtroom of the Supreme Court will publicly issue a general interpretation on court supervision of foreign-related arbitration cases for everyone to study and discuss.
Madame Wang Hongsong, BAC Secretary General, attended the conference and delivered a theme speech on “Celebrating the New York Convention: Contribution on Creating an Open System for Arbitration Development.” The Secretary-General reviewed the support from the legislative and judicial branches of government to the arbitration field since China's reform and opening up. In particular, she pointed out that certain provisions on "the Supreme Court’s judicial interpretation on the issue about the application of the Arbitration Law has been at a leading level in the world, for example, the explanation of "other written forms," which clarified the meaning of the previous law. The Secretary General also directly referred to existing problems in the current arbitration system, for example, the different standards for the domestic and foreign arbitral adjudication, and the existing problems of arbitration commissions.
Participants from arbitration institutions at home and abroad, universities, law courts and law firms, and experts, scholars and practitioners in other relevant organizations attended the conference. This conference provided a good opportunity for the improvement of Chinese arbitration and opened a window for information sharing.
(Chen Cong)
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