BAC Newsletter Issue 23
BAC News
New Laws

Symposium themed Joint Efforts towards a Fair and Efficient Disputes Settlement Platform held at BAC

On Aug. 11, 2011, the symposium themed joint efforts towards a fair and efficient disputes settlement platform was held at the international conference hall of BAC, which was co-sponsored by BAC and Beijing Lawyers’ Association. Over 90 persons attended the conference, which included Gong Sha, deputy chairman of Beijing Lawyers' Association, Pang Zhengzhong, business director of Beijing Lawyers’ Association and director of Further Education Committee, Zhang Jin, director of Training Department of Beijing Lawyers' Association, and directors, deputy directors, secretary general and profound lawyers from the Legal Committee for Acquisition and Restructuring, Legal Committee for Trust, Legal Committee for Construction, Legal Committee for Real Estate, Legal Committee for Trademark, Legal Committee for Copyright, Legal Committee for International Investment and Trade, Legal Committee for Media and Press, and Legal Committee for Disputes Settlement Service. Reporters of Xinhua News Agency, Beijing Daily, Beijing Youth Daily, Legal Daily, Law Digest, Fangyuan Law Report, and Politics and Law Online attended the conference. Attendants discussed how to build BAC into an independent, impartial and efficient platform for disputes settlement. The conference was chaired by lawyer Mrs. Zhang Lixia, director of Arbitration and Law Committee of the Beijing Lawyers’ Association.

Mrs. Wang Hongsong, secretary general of BAC, firstly expressed appreciation for support by Beijing Lawyers' Association and the attendants, “This is what we expect that BAC and Beijing Lawyers’ Association jointly endeavor to build a fair and efficient disputes settlement platform” said Mrs. Wang. This conveys two meanings: how to jointly make BAC such a platform on one hand, and how to bring the function of BAC platform into full play on another hand, i.e. how to encourage commercial disputes to be settled through mediation, arbitration, and dispute review through joint effort of arbitration circle and legal profession. Mrs. Wang explained why she put forward this prospect, introduced BAC’s efforts towards this prospect and the achievement, and proposed specific steps and proposal for achieving the prospect.

Mrs. Wang's speech was greatly applauded by lawyers at the conference. Pang Zhengzhong, business director of Beijing Lawyers’ Association and director of Further Education Committee said that it was lawyer’s professional ability and integrity that determined the efficiency and fairness of disputes settlement and that lawyer played an important role in arbitration, and thus to a great extent determined whether or not BAC would achieve its goal. In the meantime, lawyers as arbitrator were irreplaceable. At BAC, dishonest methods didn’t work. The only thing we can do was to win trust through legal knowledge. Legal profession can cooperate with BAC in compiling rules for arbitration agent so as to regulate conduct of arbitration agents and lawyers. Excellent lawyers were encouraged to apply for arbitrator so as to build up an impartial dispute settlement platform.

Mr. Wang Xuehua, director of Legal Committee for International Investment and Trade said, in foreign arbitration centers there were rare arbitrators with proficient Chinese and knowledge of Chinese laws, and the arbitration rules were not familiar to Chinese parties. He hoped that BAC’s arbitration rule can be geared to international practice, for example, model law, so that foreign parties became willing to choose BAC. In his speech, lawyer Mr. Wang Xuehua hoped BAC would become the first class arbitration center in the world.

Mr. Zhu Maoyuan, director of Law Committee for Real Estate of Beijing Lawyers’ Association suggested that BAC should strengthen the construction of its internal systems, the arbitrator rules, and cultivation of integrity of arbitrators; make BAC an independent system in response to supervision, inspection, and giving feedback; ensure impartial decision through ever improved system and organizational system; in addition, ensure efficient while impartial decision by employing the advanced experience of foreign arbitral institutions.

Lawyer Mr. Wang Qingyou, deputy director of Legal Committee for Construction of Beijing Lawyers’ Association, held the opinion that courts currently faced huge pressure, most of which arising out of improper award. Lawsuit fund, which was subject to financial appropriation, was limited. However, arbitration helped to solve disputes while needed not financial appropriation. Mr. Wang Qingyou pointed out that China lacked experience in mediation; however, foreign countries had had a completed proved mediation system. So, he believed China still had a long way to go and lawyers’ supports were needed in this aspect.

Lawyer Li Yunli, Deputy Secretary-General of Arbitration and Law Committee of Beijing Lawyers’ Association stressed that, lawyers should pursue the moral values based on their morality, adjust attitude, and constantly improve their own capability, so as to contribute to BAC with more professional services. She also suggested BAC may consider engaging professional organizations, including international management and consulting organization to give better recommendations for the development of BAC.

Attendants also gave specific proposals on strengthening construction of a clean arbitration administration and on creating a fair dispute settlement platform.

The conference was closed with a summary speech of Gong Sha, deputy chairman of Beijing Lawyers’ Association. In his speech, Gong Sha applauded BAC’s efforts towards a diversified disputes settlement platform; he hoped the legal profession can cooperate with BAC in promoting arbitration service and ensuring impartial and efficient arbitration with self-discipline.