- Mar 12, 2018 -
At present, in order to expand international market, more and more Chinese enterprises "go to sea" gold rush, many of them lack the experience of international investment, resulting in frequent disputes in the process of foreign trade.Due to the complexity of foreign cases common case, national judicial system, has the advantages of the meaning autonomous, program confidentiality of international arbitration has gradually become an obstacle to the settlement of international disputes, eliminate the investment and trade, the most important ways of maintaining the international rule of law order.Correspondingly, how to grasp the development trend of international arbitration and further integrate with international arbitration rules becomes the focus of attention of enterprises and industry experts.
At Beijing arbitration commission for arbitration at the international conference, Beijing arbitration commission, deputy secretary general, dispute resolution, renmin university of China research center, researchers said Chen Fuyong by observing each year ICCA conference agenda (assembly) international commercial arbitration is an effective way to understand the new trend of international arbitration.
It is understood that the contents included in the preliminary agenda of the icca general assembly are: review of international arbitration as a catalyst for the formulation and formation of international guidelines and transnational practices;Criticism of current international investment arbitration and commercial arbitration;Opportunities and challenges brought by rapid development of science and technology arbitration;Reflection on the traditional procedure management procedure of arbitration case;Explore the possible "New Territories" of international arbitration (including the possibility of arbitration playing a positive role in climate change, human rights protection and corporate social responsibility disputes).
"There is no doubt that the agenda reflects the leading edge of international arbitration, which the committee considers most worthy of deliberation, and provides a direction for us to study new trends in international arbitration.Many of these are unfamiliar to domestic practitioners and enterprises, because some of the issues that are urgently needed in international arbitration are not addressed in China's current practice.Chen fuyong pointed out that these feelings are inconsistent, which is where China's arbitration needs to be learned from international arbitration, or it may be the place where China's arbitration can contribute to international arbitration.
It is generally believed that the arbitration rules are simple and flexible compared with the procedure of arbitration, and the procedure is complicated and strict.However, some enterprises in practice have the opposite experience, and the efficiency of arbitration procedure is often a major issue."At present, the international arbitration is very concerned about the efficiency of arbitration system, not only requires the arbitration institutions and arbitrators of their own efficiency to solve the problem, also started from the court execution, etc, emphasized the importance of efficiency, strive to take advantage of the international arbitration."Chen said that some arbitrators began to ask for the arbitrators, while the number of cases was not more than 10, and the filing time was controlled within 90 days.This kind of reform is beneficial to increase the power of the arbitrator to handle the case, and also can effectively control the cost.
With the progress of science and technology, mobile Internet, cloud computing and Internet of things technology rapid development, the electronic contract, electronic signature, such as network ZhaKong environment matures, Internet arbitration is not rare in the international market.Technology not only changed the form of arbitration, but also changed the subject of arbitration."Under the background of new technology application, the arbitration practice subject of public (e.g., customers), the subjects of public appeal is different from commercial, transparency, participation of arbitration procedure put forward very high requirements.Both the practitioner and the enterprise should pay attention to this point.
Tao jingzhou, a partner at dejie law firm, points out that in practice, the proportion of enterprises choosing temporary arbitration is much higher than that of institutional arbitration.It is worth noting, however, that temporary arbitration lacks procedural management, and some cases have been delayed for seven or eight years.
In addition, in the process of international arbitration, how the parties exercise procedural rights to select the appropriate arbitrators is crucial to the impact of the arbitration result and the arbitration procedure."Even if the parties choose the agency to arbitrate, the arbitrators will still be actively involved in the arbitration. The arbitration organization has no right to guide the substantive issues.The enterprise should observe whether the arbitration organization requests the arbitrator, such as the nationality of the third country, the professional in the field, etc.Tao jingzhou said.
In accordance with the arbitration procedures, the parties shall be separately specified in the list of arbitrators or entrust the chairman of the arbitration commission appoint one arbitrator, the presiding arbitrator by the parties designated jointly appoint or jointly entrust the chairman of the arbitration commission."Therefore, the enterprise in the designated first arbitrator, not only to compare their own arbitrator and other portions of the arbitrators, consider this two people were at the same time as the linesman and failing to jointly appoint the presiding arbitrator, the arbitration commission will be how to choose."Tao jingzhou said.