Publish time: Wed Nov 01 16:37:38 CST 2023
The Beijing Arbitration Commission/Beijing International Arbitration Center (the “BAC”) is a standing arbitration institution established on 28th September 1995 in accordance with the Arbitration Law of the People’s Republic of China (the “Arbitration Law”).
Since its establishment, the BAC, adhering to the values of “independence, impartiality, professionalism, efficiency and excellence”, has been striving to provide high-quality dispute resolution services to both local and foreign parties, and has rapidly developed into a leading arbitration institution domestically, as well as a reputable organization internationally. As of 31st October 2023, the BAC has practically received and registered near 77,000 cases, for which the total sum in dispute amounted to over CNY 800 billion, involving parties from 66 countries and regions.
With an aim of building itself into a worldwide top-tier international arbitration institution, the BAC has continuously improved the quality and efficiency of international dispute resolution services. The BAC has obtained the Vice Presidency of the Asia Pacific Regional Arbitration Group since 2007 and its status of UNCITRL observer from 2017, and has been listed, as one of the first batch of institutions, into the “One-Stop” Diversified International Commercial Dispute Resolution Platform by the Supreme People’s Court in 2018. The BAC has been proactively promoting the development of arbitration in China, serving the high standard opening up, and facilitating the construction of international arbitration hub in Beijing.
Pursuant to the BAC Constitution and the BAC Administrative Measures of Admission to the Panel of Arbitrators (the “Measures”), the arbitrators are admitted to the BAC Panel on a term basis, having each term accounts for five years. The Eighth Committee of the BAC has inaugurated on 1st September 2023, and hereby announces to open its Panel for admissions to the new List of Arbitrators, of which the term will commence on the date of engagement and terminates on the expiration date of the Eighth BAC Committee.
I. Standards for Admission to BAC Panel
(I) Applicants of Chinese nationality (Hong Kong, Macao, and Taiwan not included)
1. Applicants shall take themselves upholding the leadership of the Communist Party of China and Socialism, adhering to the correct political orientation, following the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully and comprehensively carrying out Xi Jinping Thought on Rule of Law and the spirit of the 20th National Congress of the Communist Party of China, insisting on the “Two Affirmations”, enhancing the “Four Consciousnesses”, consolidating the “Four-sphere Confidence”, and implementing the “Two Upholds”.
2. Applicants shall be passionate about the arbitration undertakings, upholding fairness and integrity, and care about public welfare undertakings.
3. Applicants are required to meet the requirements as specified in Article 13 of the Arbitration Law and Article 2 of the Measures set out below:
(1) Complying with the BAC Arbitration Rules (the “BAC Rules”), the BAC Code of Conduct for Arbitrators, the BAC Provisions on Enhancing Efficiency of Arbitration, and the Measures;
(2) Being of solid integrity, good faith, diligence and high efficiency;
(3) Having the education background, qualification, knowledge, and experience as specified in Paragraph 4 of this Article, and being familiar with the Arbitration Law, the BAC Rules, the arbitral proceedings, the rules of evidence and arbitration practice;
(4) Being perspicacious, decisive, good at learning, proficient in speech and writing, and capable of organizing hearings and drafting awards;
(5) Being healthy and vigorous, and having commensurate time available to undertake the work;
(6) Being under the age of 66 (for those who have been frequently acting as the presiding arbitrators or sole arbitrators, being with extensive experience and outstanding performances, or with special expertise required by the BAC, this age requirement could be appropriately relaxed, but shall not exceed the age of 75 in principle);
(7) Having participated and completed the training courses for applicants organized by the BAC or other entities entrusted by the BAC and have obtained qualified results.
4. Applicants with different occupations and / or areas of expertise should also meet the following requirements as specified in Article 3 of the Measures:
(1) For Applicants who work on legal education and / or research, they should:
① be entitled to the qualification of professor or research fellow, or to the qualification of associate professor or associate research fellow, having obtained PhD degrees, and are capable and experienced in handling cases;
② directly engage in teaching and research in relation to civil / commercial law or dispute resolution;
③ have handled arbitration or litigation cases and have appropriate experience.
(2) For applicants who are lawyers, they should:
① have education background of postgraduate degree or higher in law, or have education background of undergraduate degree in law and are capable of handling cases and have undertaken the responsibilities as presiding arbitrators or sole arbitrators;
② have been engaged or used to be engaged in litigation or arbitration, and have extensive experience in handling cases;
③ have high professional expertise and sound reputation within the industry;
④ be competent in acting as presiding arbitrators or sole arbitrators.
(3) For applicants who work on economics and trade, they should:
① have education background of undergraduate degree or higher;
② be entitled to the senior professional titles in the profession; or be entitled to the associate senior professional titles, and having obtained education background of postgraduate degree or higher; or possess a professional and technical leadership position at or above the department level or higher;
③ have been engaged in economics, trade, or technology related works for eight years or more and have relevant knowledge and extensive experience in law.
(4) For applicants who are former judges, they should:
① have education background of undergraduate degree or higher in law;
② have been engaged in the civil and/or commercial cases or the research thereof;
③ be senior judges of good reputation, high professional competence, strong capability in handling cases, and the experience of acting as chief judges, deputy chief judges or higher positions;
④ have retired or have ceased from being engaged in court hearings for a period of less than two years, or have been engaged in legal education or other legal practices following their retirement or ceasing from being engagement in court hearings.
(5) For applicants who are engaged in other legal practice, they should:
① have education background of undergraduate degree or higher in law, or have junior college diplomas in law and have obtained the Legal Profession Qualification upon passing the National Unified Legal Profession Qualification Examination;
② be entitled to senior professional titles in the profession; or have the posts of professional cadre of departmental level or higher on legislation, enforcement and other legal related practice; or have the posts of professional cadre of deputy departmental level, and are experienced in dealing with arbitration and litigation, and capable of handling cases;
③ have been engaged in legislation, enforcement, or other legal practice for eight years or more and have extensive experience.
5. Priority will be given to applicants who have met the following criteria on a parity basis:
(1) Being familiar with and experienced in construction and real estate dispute resolution;
(2) Being familiar with and experienced in investment, financial and corporate governance dispute resolution;
(3) Being professionals specialized in intellectual property or digital trade expertise and working on digital economy development;
(4) Being professionals specialized in high and new technology, Medical, Automobile or Aviation expertise and working on the construction of Beijing Entrepreneurship Science and Technology Innovation Center;
(5) Being familiar with and experienced in foreign related dispute resolution and capable of organizing hearings and drafting arbitral awards in English or other major foreign languages (e.g. French, Spanish, Arabic, Russian, Italian);
(6) Being proactive to participate in pro bono services promoting the development of arbitration and dispute resolution.
Note: With respect to the abovementioned requirements listed in Items (1) to (4), applicants are required to provide at least one, or more, arbitral award(s) or judgment(s) drafted independently by the applicant in his/her previous dispute resolution practice (after confidential treatment and may cover several different industries) to the BAC for reference. With respect to the abovementioned requirement listed in Item (5), applicants are required to provide certificate(s) of foreign linguistic competence and arbitral award(s) or judgment(s) drafted independently by the applicant in his/her previous dispute resolution practice (after confidential treatment) or other relevant writings to the BAC for reference. With respect to the abovementioned requirement in listed Item (6), applicants are required to provide relative documents for references.
(II) Applicants from China (Hong Kong, Macao and Taiwan)
1. Applicants shall uphold China’s basic state policy of “One Country, Two Systems”, the values of patriotism and rule of law, and the national unity of China.
2. Applicants shall be passionate about the arbitration undertakings, upholding fairness and integrity, and care about public welfare undertakings.
3. Applicants shall have extensive experience in arbitration practice and shall meet the abovementioned requirements as specified in Items (1) to (6) of Paragraph 3 and Paragraph 4 for applicants of Chinese nationality (Hong Kong, Macao and Taiwan not included), or have reached the same level.
4. Priority will be given to applicants who have have met the following criteria on a parity basis :
(1) Being familiar with and experienced in international construction, international finance and investment dispute resolution;
(2) Being professionals with international intellectual property or international digital trade expertise and working on digital economy development;
(3) Being professionals with high and new technology expertise;
(4) Being proactive to participate in pro bono services promoting the development of international arbitration and dispute resolution.
Note: With respect to the abovementioned requirements listed in Items (1) to (3), applicants are required to provide one to three international arbitral award(s) or judgment(s) drafted independently by the applicant in his/her previous dispute resolution practice (upon processed for the principle fo confidential, and may cover several different industries) to the BAC for reference. With respect to the abovementioned requirement listed in Item (4), applicants are required to provide certification documents issued by relevant authorities.
(III) Applicants of non-Chinese nationalities or absent nationality
1. Being friendly to China and being professionals with acknowledged reputation.
2. Being qualified to be arbitrator with reference to the requirements under the Arbitration Law, being experienced in international arbitration and dispute resolution practice, and having high professional reputation within his/her own country or region and industry.
3. Priority will be given to applicants who have met the following criteria on a parity basis:
(1) Being familiar with and experienced in international construction, international finance and investment dispute resolution;
(2) Being professionals specialized in international Intellectual Property or international digital trade expertise and working on digital economy development, with practical experience;
(3) Being professionals of high and new technology expertise;
(4) Being from countries or regions along the “Belt and Road” with extensive experience in international arbitration practice;
(5) Being proactive to participate in pro bono services promoting the development of international arbitration and dispute resolution.
Note: With respect to the abovementioned requirements listed in Item (1) to (4), applicants are required to provide one to three international arbitral award(s) or judgment(s) drafted independently by the applicant in his/her previous dispute resolution practice (upon processed for the principle of confidential, and may cover several different industries) to the BAC for reference. With respect to the abovementioned requirement listed in Item (5), applicants are required to provide certification documents issued by relevant authorities.
II. Clarification of Application Submission
The BAC appreciates your trust and support. Prior to finalize your application submission, please read thoroughly, and pay attention to the followings:
1. Applicants of Chinese nationality (Hong Kong, Macao and Taiwan not included) are required to have participated and completed the training courses for applicants organized by the BAC or other entities entrusted by the BAC and have obtained qualified results.
2. Please pay attention to and read thoroughly the Measures and other relevant rules of the BAC and be sure that you have met all the standards and criteria for admission to the BAC Panel of Arbitrators and are willing to comply with the BAC relevant rules, for which your application materials should be in line with the requirements as listed above, and that you can follow the subsequent admission process.
3. Applicants are required to provide recommendation letters submitted by two professionals. The recommendation letters shall be uploaded by the applicant to the BAC online arbitrator application system (which is preferred by the BAC). For applicants of non-Chinese nationalities or absent nationality, the recommendation letters could also be sent directly by the referrals to the BAC through email arbitrators@bjac.org.cn.
4. Appointment of arbitrators shall be subject to the issuance of the letter of appointment by the BAC. Upon engagement, s/he will be listed in the BAC Panel of Arbitrators.
5. For applicants of Chinese nationality (Hong Kong, Macao and Taiwan included), the application shall be made through the online arbitrator application system (Chinese version) ONLY (if applicants from Hong Kong, Macao and Taiwan need to submit the application in English, they should follow the requirements of the English version in the system), and the documents e-copy submitted for application shall not be returned.
6. For applicants of non-Chinese nationalities or absent nationality, the application shall be made through the online arbitrator application system (English version) in principle; in case of exceptional circumstances, applicants may apply electronic application form by email through arbitrators@bjac.org.cn, and the application could be submitted by application forms (in English) signed and attached with supporting documents by email sent to the aforesaid email address. Please note that paper application materials are NOT acceptable.
7. Due to system upgrade, applicants who have submitted their applications prior to the release of this announcement are required to re-submit their applications online through the arbitrator application system. All the application information shall be considered subject to the re-submitted application recorded in the system (exception to the applications sent by email as specified in Paragraph 6 of this Article).
III. The Arbitrator Application System
The link below is the BAC online arbitrator application system (Chinese version) for applicants of Chinese nationality (Hong Kong, Macao and Taiwan included):
https://www.bjac.org.cn/page/zxfw/cwzcy.html
The link of the BAC arbitrator application system (English version) for applicants of non-Chinese nationalities or absent nationalities will be released separately in a week.
IV. Application Deadlines
For applicants of Chinese nationality (Hong Kong, Macao and Taiwan included), the application deadline is 12th November 2023 at 24:00 (Beijing time, GMT+8).
For applicants of non-Chinese nationalities or absent nationality, the application deadline is 30th November 2023 at 24:00 (Beijing time, GMT+8).
The admission process is estimated to be completed in January 2024, subject to the BAC further official announcement.
For enquiry, please contact us through arbitrators@bjac.org.cn.
Beijing Arbitration Commission / Beijing International Arbitration Center
1 November 2023