"When will mankind be convinced and agree to settle their difficulties by arbitration?" asked Benjamin Franklin back in the eighteenth century. In the case of China investors, the answer seems to be "right now".

The China International Economic and Trade Arbitration Commission (CIETAC) has seen a significant rise in arbitration work – due both to the Chinese economy becoming more international and the GFC.

Cases accepted by CIETAC in the first 10 months of 2009

 
Total number
Foreign-related
Domestic
1228
472
756
% change compared to corresponding period of 2008
+31%
+7.8%
+52%

According to CIETAC statistics, the number of cases involving foreign parties has grown steadily. Disputes have arisen over a wider range of matters in many different sectors, such as issues regarding derivative products, funds management, operating rights to online games, venture capital investments and prohibition of competition.

The parties concerned have also increasingly taken advantages of CIETAC's flexible procedures, appointing more foreign arbitrators and arbitrators who are not listed on CIETAC's panel of arbitrators. Meanwhile, English has been more often used during arbitration proceedings.

"China's fast-growing economy, combined with its increasing integration with the global economy, means there is a higher level of cross-border transactions and business activity in emerging industries and financial markets. The rapid growth of economic activity is accompanied by a rising number of disputes. Arbitration and other dispute resolution services, therefore, are now in strong demand," said Yu Jianlong, secretary-general of CIETAC.

Yu cited that an advanced legal and judicial framework governing arbitration and Chinese parties' growing recognition of the value of alternative dispute resolution are also causing in the big uplift in arbitration-related work.

Having recognised the current trends in arbitration services and demand, CIETAC is taking a series of initiatives to further improve its management, quality of service and standards for arbitrator appointment, as well as continuing to integrate international practices into its system and operation.

As part of its effort to boost its brand awareness in Asia-Pacific, CIETAC has partnered up with ALB to provide regular updates to the region's business leaders and lawyers on CIETAC's development and events, regulatory and legislative changes concerning arbitration in China, the enforcement of foreign arbitration awards in China and the enforcement of Chinese arbitration awards overseas. A CIETAC column will be published in ALB China magazine and on the ALB China website each month for the next 12 months.

"Through ALB's print and online media platform, the CIETAC columns aim to promote a better understanding of arbitration among the legal profession and the business community, and push for broader use of arbitration to solve commercial disputes," said Yu.

 

Facts about CIETAC
  • Founded in April 1956, CIETAC was the first arbitration centre to be established in China and has become one of the major institutional arbitration centres in the world.
  • Headquartered in Beijing, it has sub-commissions in Shanghai, Shenzhen and Chongqing, as well as the Financial DIspute Resolution Centre in Tianjin. It has also established 24 liaison offices in different regions and specific business sectors to provide parties with convenient arbitration advice.
  • Currently, there are 970 arbitrators in the panel, 276 of whom are from other countries and regions, including Hong Kong, Macau and Taiwan.
  • In 2008, CIETAC established a new record by accepting 1,230 cases, including 548 foreign-related cases and 682 domestic ones. A total of 1,097 cases were resolved with a total claim amount of RMB20.9bn (US$3bn).
  • Following amendments to the CIETAC Arbitration Rules in 2005, recent CIETAC cases have also adopted more flexible procedures. In an increasing number of cases, parties have determined their own procedures for the hearing, appointed an arbitrator from outside CIETAC's panel of arbitrators, determined the location of oral hearings and determined the language of hearings.


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