The 4th Annual International Arbitration Regulatory & Competition Law Global Form was held in Beijing
It is in the deep autumn and early winter in Beijing, or the season for conference. Professionals and arbitrators engaged in international arbitration, regulatory, competition law and other professional fields gather in the Chinese capital city to exchange and share the civilization of the rule of law.
The 4th Annual International Arbitration Regulatory & Competition Law Global Form, hosted by the world's top legal media, Wolters Kluwer, established in 1836, supported by the International Court of Arbitration of International Chamber of Commerce (ICC), the Inter-Pacific Bar Association (IPBA), the China International Economic and Trade Arbitration Commission (CIETAC) Hong Kong Arbitration Center, and the Shanghai International Arbitration Center (SHIAC), sponsored by MORRISON FOERSTER, ORRICK, ALLEN & OVERY and other organizations, was held in Beijing on November 15, 2018.
Up to 10 speakers, including John Bishop, the internationally renowned independent arbitrator and the chairman of the forum, Li Hu, deputy secretary general of the CIETAC, Charlie Manzoni QC, the British barrister, and Jack Li, Vice President of the IPBA, delivered English speeches on the theme of the forum.
As the third speaker, Jack Li shared the latest practice of the enforcement of foreign arbitral awards in China in 20 minutes. He mentioned, 10 days ago, the Chinese President announced that new area will be set in China (Shanghai) Free Trade Pilot Zone at the first China International Import Expo. Jack Li explained his speech from the point of view of compliance with New York Convention enforcement obligations to create a quality rule of law environment in the free-trade pilot area, create a system of the outsider's applying for not executing the arbitral award, uniform review criteria for non-enforceable cases, connection of Set-Aside and non-enforcement, expanding the scope of system of application for verification concerning the arbitration cases, clearly stipulates the principle to confirm of foreign-related factors, three-level principle for confirming the application of the law on the validity of foreign-related arbitration agreements, law applicable to the review of the effect of an arbitration agreement on a foreign award under the New York Convention, clearly stipulate that the people's courts shall implement the awards of the Mainland arbitration institutions by applying different provisions of the Civil Procedure Law in accordance with the non-foreign rulings and foreign-related rulings, and no longer based on whether the arbitration institution is domestic or foreign and reaffirm the right to appeal. Leading cases ruled by the First Intermediate People's Court of Shanghai, Zhe Jiang Intermediate Court and Zhu Hai Intermediate Court, was referred by Jack Li in his speech to interpret the laws and regulations.
The Supreme people's Court issued three judicial interpretations in just a few short months, which greatly encouraged the arbitration community. Twenty years ago, the Arbitration Law was promulgated. And since Interpretations on Arbitration-Related Judicial Review Cases being issued in 2006, changes have been made a lot in regulations and provisions of arbitration. There are two amendments to the Civil Procedure Law, in 2007 and 2012, and Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China in 2005. The procedures and standards for judicial review of arbitration have been constantly changing. The Supreme Law now makes three consecutive new judicial interpretations and regulations to meet the needs of the increasingly developing domestic and foreign situation of arbitration, by making regulations and innovative adjustments to some new circumstances. It provides important new legal guidelines for arbitration centers on the handling of domestic arbitration and related cases. Those interpretations and provisions are worth further studying. The speech delivered by Jack Li was highly praised by both Chinese and foreign professionals present at the forum.
Nearly one hundred legal persons, managers and Chinese and foreign arbitrators from China National Petroleum Corporation, China National Aviation Fuel, Air China, China Southern Air Holding Company Limited, Luneng Group Company Limited of State Grid, UnionPay International and other leading Chinese and foreign enterprises attended the forum.