BAC Newsletter Issue 19
 
 
   
   
   
   
BAC News
Information
Comment
Focus
New Laws
Events
 
 
Information
 
   
 

1. The Ministry of Finance and National Development and Reform Commission has recently issued a notice proposing the adjustment of arbitration fees management policy.

According to previous notice, including Act No.(2009) 79 enacted by the end of 2009, arbitration fees are classified as administrative fees and to which separate control of revenues and expenditures has been applied. Over the years, this wrong practice has been extensively criticized by insightful legal professionals. Professor Liang Huixing, deputy to the National People’s Congress, once submitted at conferences (NPC and CPPCC) two proposals for correction of the inappropriate practice. According to the latest notice issued by the Ministry of Finance and National Development and Reform Commission in April 2010, arbitration fees are to be considered as service fees of commercial nature. Thus, the original arbitration fee license shall be canceled and tax invoices instead of financial instruments shall be issued for service fees charged.
http://www.china-arbitration.com/news.php?id=1772

2. A few days ago, the Chinese government officially notified the secretary general of International Centre for Settlement of Investment Disputes (“ICSID” for short) that eight persons including Mr. Huang Jin would serve as arbitrators and mediators of ICSID. They are: Professor Huang Jin((ICSID arbitrator)), president of China University of Political Science and Law, professor Yu Jinsong with Renmin University of China(ICSID arbitrator), professor Chen An (ICSID arbitrator) with Xiamen University, professor Chen Zhidong (ICSID arbitrator) with Fudan University, professor Wang Chuanli (ICSID mediator) with China University of Political Science and Law, professor Shen Sibao (ICSID mediator) with Shanghai University, and Mr Anthony Neoh, former chairman of the Hong Kong Securities and Futures Commission (ICSID mediator.)
http://cn.cietac.org/NewsFiles/NewsDetail.asp?NewsID=949

3. On April 12, 2009- Hong Kong International Arbitration Center announced that: Since May 1, 2010, Miss. Chiann BAO will take over as secretary general from Mr. Gary SOO who will return to lawyer circle.
http://www.hkiac.org/schi/newspdf/HKIAC_Appoints_Ms_Chiann_BAO_as_New_SG.pdf

4. Xinhua News Agency, Beijing, October 27 - (Journalist Zhao Chao, Chen Fei) According to the decision of the meeting of chairman of NPC Standing Committee, draft of applicability of Foreign-related Civil Relations Law will be submitted at the 17th Session of the Eleventh National People’s Congress, which would be closed at October 28.Relevant provisions of the Draft were modified on the basis of consideration of Standing Committee meeting to stipulate that applicable law in arbitration can be decided by parties concerned through agreement..
http://www.gov.cn/jrzg/2010-10/27/content_1731636.htm

1. Ireland enacted a new arbitration law that took effect in June 2010.The new arbitration law will be applicable to all arbitration cases in Ireland.

A significant modification was made in the new Arbitration Law of Ireland on the basis of the 1998 Arbitration (International Commercial) Act. One of the most important modifications is to extend the application of arbitration law to the domestic arbitration cases. Secondly, the “case statement” procedure was aborted, and any legal issues encountered in the arbitration proceedings will be referred to courts. In addition, the 2010 Arbitration Law also significantly narrows the scope of judicial intervention.
http://www.ccarb.org/news_detail.php?VID=18443

2. CIArb elects new member to Board of Management

On 12 March 2010, Michael Cover FCIArb, an Accredited Mediator and Chartered Arbitrator, joined the Chartered Institute of Arbitrators’ Board of Management.
http://www.ciarb.org/news/ciarb-news/ciarb-elects-new-board-of-management-member.php

3. ICC announces revision of arbitration costs

April 2010,The International Chamber of Commerce has announced a revision of its current arbitration costs and fees. The change will become effective on 1 May 2010 and apply to all arbitrations commenced on and after that date.
http://www.iccwbo.org/court/arbitration/index.html?id=35955

4. During May 23-26, 2010, ICCA Conference 2010 was held in Rio de Janeiro, Brazil. This session of the Conference was organized by the Brazilian Arbitration Association (CBAr) and sponsored by more than 40 law firms and arbitration agencies across the world. There are more than 800 attendants participants including lawyers, arbitrators, and law professors from around the world.
http://www.ccarb.org/news_detail.php?VID=18901

5. The fourteenth session of the World Mediation Forum (The UIA World Forum of Mediation Centers) sponsored by Union International des Advocate (UIA) was held during June 3-5, 2010, in Ljubljana, capital of Slovenia.60 participants include representatives and lawyers from mediation centers of 21 countries. The Forum was undertaken by the Ministry of Justice of Slovenia, and Minister of Justice addressed the meeting and introduced the legislative procedure of Mediation Act recently enacted.
http://lad.ccpit.org/tjzx/TiaoJieDongTai.aspx?newid=1626

6. European Court of Justice rules that EU member states shall not prevent parties concerned from bringing cases before courts of another EU member state on the ground that such action breaches arbitration agreement, even if place of arbitration is specified in arbitration agreement. In ALLIANZ SPA AND ANOR WEST TANKERS INC [2009] WLR (D) 44, the parties agreed clauses in relation to arbitration in London in a lease contract. The ship concerned came upon an accident in Italy, the defendant brought the case before Italian courts, while the plaintiff initiated arbitration in London and brought a lawsuit before British court claiming that British Court should reject defendant's proceedings in Italy, and that such dispute should be submitted for arbitration. The defendant appealed to the House of Lords, and House of Lords submit the dispute to the European Court, European Court of Justice awarded that: As the Article 1(2)(d) of Council Regulation (EC) No 44/2001) stated that the article is not for the arbitration case, counterclaim injunction of British Court shall not prejudice Italian Court’s jurisdiction under the Council Regulation (EC) No. 44.

This case is considered to be a loophole in European arbitration system, with which, parties may elude arbitration agreement. To avoid this risk, many European companies modify the format of the contract, specifying that the place of arbitration shall be non-EU countries.
http://www.ccarb.org/news_detail.php?VID=18781

7. Australian dispute centre seeks global role

An international dispute resolution centre will be established in Sydney and will compete for growing cross-border dispute resolution work.
http://www.theaustralian.com.au/business/legal-affairs/australian-dispute-centre-seeks-global-role/story-e6frg97x-1225837134765

8. On March 28 2010, the Australian Centre for International Commercial Arbitration (ACICA) has proved it is a world leader after its arbitration rules were selected as the model rules for the world's largest international commercial arbitration competition.

In a global first, participants will be governed by ACICA's rules in the prestigious annual Willem C Vis International Commercial Arbitration Moot which commenced in Vienna on Saturday.
http://www.lawyersweekly.com.au/blogs/top_stories/archive/2010/03/28/aussie-rules-govern-international-moot.aspx

9. Incoterms® 2010: New edition of renowned trade rules now available to order

Paris, 29 June 2010 .Continuing a long tradition of providing the global trading community with the most up-to-date trade tools, the International Chamber of Commerce (ICC) is preparing to launch the Incoterms® 2010 rules. Today, ICC has announced it is now accepting preorders for the revised Incoterms rules, which will come into effect on 1 January 2011.
http://www.iccwbo.org/policy/law/index.html?id=37694&terms=Incoterms%c2%ae+2010%3a+New+edition

10. National Arbitration Forum Makes Minor Updates to Supplemental Rules

June 17, 2010, The National Arbitration Forum, an international provider of dispute resolution services, announces updates to its Supplemental Rules effective July 1, 2010. The National Arbitration Forum (FORUM) is approved by the Internet Corporation of Assigned Names and Numbers (ICANN) to provide domain name dispute resolution services under the Uniform Domain Name Dispute Resolution Policy (UDRP) and, as part of that work, offers a set of Supplemental Rules that govern the formalities of the filing process.
http://www.adrforum.com/newsroom.aspx?&itemID=1594&news=3

11. CPR Pilot Economical Litigation Agreement Unveiled

Daniel Winslow, a Boston partner and litigator at international law firm Duane Morris LLP, and The International Institute for Conflict Prevention & Resolution (CPR Institute), a nonprofit think-tank and alliance of global corporations, law firms, scholars, and public institutions, are pleased to announce the rollout of a pilot program for the CPR Institute’s first model Economical Litigation Agreement (ELA).
http://www.cpradr.org/tabid/45/articleType/ArticleView/articleId/584/Default.aspx

12. New CIArb Trustees and Presidents elected

Six new trustees have been elected from four regions to serve on CIArb's Board of Trustees from January 2011. In addition, John Wright FCIArb has been elected by the trustees to serve as Chairman of the Board of Trustees from January 2011.
http://www.ciarb.org/news/ciarb-news/new-ciarb-trustees-and-presidents-elected.php

13. New SIAC Rules 2010

SIAC is pleased to announce the release of the new SIAC Rules 2010 which come into effect on 1 July 2010. A new Schedule of Fees also comes into force on the same date.
http://www.siac.org.sg/cms/index.php?option=com_content&view=article&id=208:new-siac-rules-2010-a-schedule-of-fees&catid=57:archive-2010&Itemid=129

14. Gupta and Green take the reins as ICC Chairman, Vice-Chairman

1 July 2010. Rajat Kumar Gupta, Senior Partner Emeritus of McKinsey & Company, becomes Chairman of the International Chamber of Commerce (ICC) today, succeeding Victor K. Fung, Chairman of the Hong Kong based multinational group Li & Fung. Stephen K. Green, HSBC Group Chairman, becomes ICC Vice-Chairman. The new leaders were elected by ICC’s World Council during its meeting in Hong Kong, which brought together 80 of ICC’s business members from 45 countries
http://www.iccwbo.org/index.html?id=37756

15. ICC roadshows in mainland China

In early July, ICC staged three roadshows in mainland China as part of its promotion of ICC Dispute Resolution Services in the Asia-Pacific region. Close to 300 lawyers, dispute resolution practitioners, academics and students attended these first ever events of their kind, held in Shanghai, Beijing and Shenzhen between 5 and 8 July 2010.
http://www.iccwbo.org/court/arbitration/index.html?id=38504

 

 
 
 
 
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