BAC Newsletter Issue 30
 
 
   
   
   
   
   
BAC News
Information
Comment
Focus
New Laws
 
 
Information
 
   
 

Domestic:

1. Beijing Arbitration Commission (BAC) held the Sixth China Arbitration Forum on Oct. 31st, 2012
China Arbitration Forum, initiated by Mr. Liang Huixing, the Director of BAC and a famous jurist in civil law and commercial law, was jointly attended by the famous domestic colleges and universities as well as influential arbitration commissions. The Sixth Forum was held in Beijing on Oct. 31st, 2012. With the amendments to Chinese Civil Procedure Law, the participants had intensive studies and extensive discusses on the possible amendments to Chinese Arbitration Law and communicated openly with each other on how to better fulfill the role of lawyers in arbitration as well.
http://www.bjac.org.cn/news/view.asp?id=2124&title=&cataid=1

2. The 40th Comité Maritime International (CMI) was successfully held in Beijing
The 40th Comité Maritime International, organized by China Maritime Law Association, was held in Beijing on Oct. 15th. The meeting, firstly held in China for over 100 years after the foundation of CMI, consisted of 13 topical sessions and covered a wide range of issues such as Judicial Sales of Ships, International Convention on Salvage, York-Antwerp Rules, International Convention on the Arrest of Ships, Cross Border Insolvencies, Arctic/Antarctic Legal Regimes, Drilling Platform in Maritime Law, Rotterdam Rules, Maritime Arbitration, Marine Insurance, Crew Issues and Pirate Issues, etc.
http://cn.cietac.org/NewsFiles/NewsDetail.asp?NewsID=1188

3. The 2012 Annual Conference of National Arbitration held in Zhengzhou City
On Sept. 19th, the 2012 Annual Conference of National Arbitration, organized by Zhengzhou Arbitration Commission, was held in Zhengzhou City. The leaders from a number of governmental offices and ministerial departments including Legislative Affairs Commission of the Standing Committee of the National People's Congress, Supreme People’s Court, Supreme People's Procuratorate, Taiwan Affairs Office of the State Council and Ministry of Justice, participated in the conference to make speeches and express congratulations. Over 340 participants from national arbitration organizations and legislative affairs offices of partial provinces, autonomous regions and municipalities directly under the central government, attended the conference and made extensive discussions on the topic regarding “making efforts to provide the excellent arbitration and legal services for the innovation of social management”.
http://cn.cietac.org/NewsFiles/NewsDetail.asp?NewsID=1185

International:

1. Indian Supreme Court Decision clears the air over power of Indian Courts in International Arbitration
6 September 2012
A 5-judge Bench of the Indian Supreme Court headed by the Chief Justice of India, S.H. Kapadia, rendered its much awaited decision in the BALCO case. The BALCO case was reconsidering earlier decisions of the Supreme Court in:
Bhatia International - A 2002 decision which took the view that Indian courts can grant interim measures in respect of foreign seated arbitrations; and
Venture Global - A 2007 decision which on a seemingly expansive view of Bhatia, took the view that an Indian court can set aside an award rendered in a foreign seated arbitration.
http://www.siac.org.sg/index.php?option=com_content&view=article&id=403:indian-supreme-court-decision-clears-the-air-over-power-of-indian-courts-in-international-arbitrations&catid=1:latest-news&Itemid=50

2. SIAC Award enforced in Vietnam
9 October 2012
One of the key commercial considerations for parties to an international arbitration remains the enforceability of an award that is delivered is such proceedings.
While 146 countries are signatory to the New York Convention of 1958 which provides for the recognition and enforcement of foreign arbitral awards, the manner in which the Convention has been (i) codified in various national legislations; and (ii) interpreted and applied by national courts, varies widely.
http://www.siac.org.sg/index.php?option=com_content&view=article&id=412:siac-awards-enforced-in-vietnam&catid=1:latest-news&Itemid=50

3. New IBA Rules for Investor-State Mediation
11 October 2012
After successful work initiated by the State Mediation Subcommittee of the International Bar Association (IBA), the IBA recently adopted new Rules for Investor State Mediation (the Rules).
As part of the IBA Mediation Committee, the State Mediation Subcommittee examines the use of mediation in investor-state disputes. The Subcommittee identifies and assesses obstacles in the use of investor-state mediation and also explores the benefits of a wider use of mediation in the investor-state dispute system, proposing measures to increase the use of mediation in investor-state disputes.
http://www.sccinstitute.com/?id=23696&newsid=44370

4. ICC and ICC China strengthen partnership at Beijing conference
08 October 2012
ICC recently marked an important step in its new partnership with ICC China – which is hosted by the China Council for the Promotion of International Trade (CCPIT) and the China Chamber of International Commerce (CCOIC) – by convening the first Beijing World Business Leaders Conference on Friday, 28 September following a memorandum of cooperation signed earlier this year.
http://www.iccwbo.org/News/Articles/2012/ICC-and-ICC-China-strengthen-partnership-at-Beijing-conference/

5. DIFC court sends pro-arbitration message
23 October 2012
A court of the Dubai International Finance Centre – a financial free zone and independent jurisdiction within Dubai – has confirmed its power to stay proceedings in favour of an agreement to arbitrate outside the DIFC.
http://www.globalarbitrationreview.com/news/article/30923/difc-court-sends-pro-arbitration-message/

 

 
 
 
 
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