BAC Newsletter Issue 39
 
 
   
   
   
   
   
BAC News
Information
Comment
Focus
New Laws
 
 
Information
 
   
 

Domestic:

1. BAC Successfully Held the Award Ceremony for the First 鈥淏AC Cup鈥�National Essay Contest on Commercial Arbitration for Higher Education Institutions & the Summit on Legal Education and Practice of Commercial Arbitration
On April 11, 2014, Beijing Arbitration Commission (BAC) held the Award Ceremony for the First 鈥淏AC Cup鈥�National Essay Contest on Commercial Arbitration for Higher Education Institutions & the Summit on Legal Education and Practice of Commercial Arbitration. After the the Summit, Mr. Liang Huixing, Chairman of BAC, made a summary speech on the event and declared the launch of the Second 鈥淏AC Cup鈥�National Essay Contest on Commercial Arbitration for Higher Education Institutions.

Award Ceremony:http://www.bjac.org.cn/news/view.asp?id=2407&title=&cataid=1
Notice on the Second Contest:http://www.bjac.org.cn/news/view.asp?id=2405

2. BAC Successfully Held the Lecture on Administrative Measures of Construction Contract and Contract Price of the Constrction Project
On April 15, 2014, a lecture on the Administrative Measures of Construction Contract and Contract Price of the Constrction Project was successfully held at Beijing Arbitration Commission (BAC). The lecturer was Mr. Wu Zuomin, Secretary-General & Executive Deputy Director of the Expert Committee of China Engineering Cost Association and BAC鈥檚 arbitrator. The lecture was presided over by Ms. Wang Hongsong, BAC鈥檚 Vice-Chairman..

http://www.bjac.org.cn/news/view.asp?id=2409&title=&cataid=1

3. New Arbitration Rules Promote the Intellectual Property Arbitration in Free Trade Zone
The China (Shanghai) Pilot Free Trade Zone Arbitration Rules, the first arbitration rules for free trade zones in China will enter into force on May 1, 2014. The settlement of intellectual property disputes through arbitration is an emerging area in international commercial dispute settlement and an important service content of the World Intellectual Property Organization. Including the provisions on provisional measures and emergency tribunal, the China (Shanghai) Pilot Free Trade Zone Arbitration Rules will help the connection of intellectual property protection in the free trade zone with high-standard international rules by referring to the WIPO.

http://www.china-arbitration.com/news.php?id=3068

4. Eight Institutions Advocate Arbitration Credibility
At the First Shaanxi Forum on Building Arbitration鈥檚 Social Credibility held on March 28, 2014, eight arbitration institutions including Xi鈥檃n Arbitration Commission promulgated the 鈥淚t鈥檚 Our Unshirkable Responsibility to Improve Social Credibility鈥�014 Proposal for Building Arbitration鈥檚 Social Credibility鈥�

http://www.china-arbitration.com/news.php?id=3056

International:

1.Swiss court quashes tardy award
http://globalarbitrationreview.com/news/article/32515/swiss-court-quashes-tardy-award/
20 March 2014
In a case described by observers as 鈥渋ncredible鈥�and 鈥減eculiar鈥�both on the facts and the law, the Swiss court decided that the award鈥檚 issuance after the lapse of the arbitrator鈥檚 term was a basis for setting it aside for lack of jurisdiction under the Swiss Private International Law Act (PILA).
The judgment was issued on 28 January but only made public last week. As is usual in arbitration-related decisions by the court, the names of the parties have been redacted.

2.ICSID arbitrator disqualified by co-panellists
http://globalarbitrationreview.com/news/article/32519/icsid-arbitrator-disqualified-co-panellists/
21 March 2014
In an ICSID first, Swiss arbitrator Bruno Boesch has been disqualified by his two co-panellists from hearing a US$1 billion claim against Kazakhstan.
Tribunal chair Laurent L茅vy and co-arbitrator Laurent Ayn猫s issued a decision on 20 March upholding a challenge by Kazakh oil company Caratube and its US shareholder Devincci Hourani.
L茅vy and Ayn猫s found that Boesch鈥檚 role as arbitrator in a separate UNCITRAL dispute that ended in a victory for Kazakhstan last year was sufficient to give the appearance of a manifest lack of impartiality.

3.Issue of IBA Guidelines before the Svea Court of Appeal
http://www.sccinstitute.com/?id=23696&newsid=47029
9 April 2014
The Swedish Arbitration Portal has been updated with three new cases decided by the Svea Court of Appeal.
In one of the cases the challenging party alleged that circumstances existed that raised doubts as to the independence and impartiality of the arbitrator.
The Svea Court of Appeal rejected the challenge on the grounds of alleged lack of independence and impartiality.
In reaching its decision, the Court made reference to the IBA Guidelines on Conflicts of interest in International Arbitration, and in particular paragraph 3.1.3 on the Orange List.

4.Veeder backs Paulsson鈥檚 call to self-regulate
http://globalarbitrationreview.com/news/article/32528/veeder-backs-paulssons-call-self-regulate/
27 March 2014
British arbitrator VV Veeder QC has urged the international arbitration community to act now to regulate itself or risk 鈥渞eputational disaster鈥�and more invasive regulation by external authorities.
Veeder, who practises from Essex Court Chambers in London, made the plea at a well-attended event at the London School of Economics last month to mark the launch of Jan Paulsson's book, The Idea of Arbitration

 

 
 
 
 
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