BAC Newsletter Issue 7
 
 
   
   
   
   
Recent News
Special focus
Communication and Cooperation
Trends and developments
 
 
Special focus
 
   
 

Enforce arbitration law deeply, and stick to the correct directions of commercial arbitration
--- Summary for the 3rd China Arbitration Forum

  During Sep 25th till 26th, 2008, the 3rd China Arbitration Forum ,organized by Law School of Hu’nan University, was held in Changsha, Hu’nan Province, with over sixty participants from arbitration and academic communities participating in the forum.

The opening ceremony of the forum
The opening ceremony of the forum

  China Arbitration Forum was initiated by Professor Liang Huixing, a famous civil & commercial law expert in our country, Member of National Political Consultative Conference and Academician of China Social Science Academy, so as to explore the significant theoretical and practical issues in the development of the arbitration systems in China. The forum is held annually, and due to its open and practical characteristics, it is gradually becoming an important platform for arbitration institutions, arbitrators, scholars in related fields and other experts focusing on arbitration to get together, express their true opinions and straightly communicate viewpoints.

   On the opening ceremony of this forum, Prof Liang specially pointed out that the forum should stick to two principles, firstly it should stick to libration of thinking patterns, speech equality and freedom, and secondly, it should stick to focusing on and solving the significant issues in arbitration development, enabling the forum to play an important role for pushing forward the development progress of arbitration systems in our country.

Prof Liang addressing on the opening ceremony
Prof Liang addressing on the opening ceremony

   The significant issues mainly explored on this forum include: What are the “Chinese characteristics” of the arbitration systems in our country, the issue of “Two lines for revenues and expenses” for arbitration charge is urgent for settlement, the issues on arbitration associations, the nature of state properties in arbitration institutions as well as reform directions for arbitration institutions, etc. Besides the foresaid subjects, experts from practice and theoretical communities also had communications and explorations for other theoretical and practical arbitration issues, for example, Professor Liu Kaixiang from Law School, Beijing University specially expatiated the issue of explanation right in arbitration, representing Professor Song Lianbin, Ph.D Wang Jun from Law School, Wuhan University, introduced the latest draft for revision of the arbitration law, and Ph.D Chen Fuyong from Law School, Qinghua University, introduced the development patterns of arbitration in USA, etc.

Addresses by Professor Fei Zongwei
Addresses by Mr. Xiao Zhiming
comments by Prof Liang Huixing
comments by Ms. Wang Hongsong

   As Prof Liang Huixing said, compared with the previous two forums, no matter for the participants or the quality of the keynote speeches, this forum has had the relatively great improvements, which symbolizes more and more people who are concerned about the arbitration development are willing to explore the significant issues in the arbitration field together through this platform and approach, and meanwhile it also highlights that the non-official resources that enable to equally and freely express the genuine viewpoints in the arbitration field are very rare. From this perspective, the arbitration forum should continue, and this persistence not only is needed for development of arbitration systems, meanwhile it also demonstrates an effort and a spirit. Supported and pushed by this effort and spirit, people in the arbitration community should continuously pursue to advance the arbitration business towards the track of healthy development and preserve its nature of genuine civil and commercial arbitration.

   For more details on the conference, please visit:
   http://www.bjac.org.cn/news/view.asp?id=1511&cataid=1

(Editor: Jiang Qiuju)

   Comment by Editor: The arbitration system was originally not included in the academic research scope of Prof Liang Huixing, but due to coincidence, through fellows in the arbitration community, Prof Liang realized the serious crises faced by arbitration development in our country. Due to his special public concerns as an intellectual and his natural mission as a legist for maintaining the seriousness of laws, Prof Liang began to focus on development of arbitration systems in our country, and initiated China Arbitration Forum. On the 2007’s National Political Consultative Conference, fifteen members including Prof Liang submitted “Proposal for correcting the mistake of treating “Arbitration charge” as an “Administrative charge””. In March, 2008, on the 1st meeting of the 11th National People’s Congress, Prof Liang submitted a “Proposal for implementing the law-enforcement inspection for arbitration law to correct the wrong administrative trend of commercial arbitration”. The Ministry of Finance and Office Department of Standing Committee of National Peoples’ Congress replied on the proposal from Prof Liang respectively.
   http://www.bjac.org.cn/news/view.asp?id=1140&title=&cataid=35
   http://www.bjac.org.cn/news/view.asp?id=1509&cataid=35
   http://www.bjac.org.cn/news/view.asp?id=1507&cataid=35

   The speeches and papers on this forum will be published on the BAC website in the near future, so welcome to access!

 

 
 
 
 
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