The Chinese Arbitration Association (CAA), the Asian Center for WTO & International Health Law and Policy of the National Taiwan University College of Law (ACWH), and the Chinese Taipei APEC Engineer Monitoring Committee co-hosted the 2013 Arbitration and Mediation Conference at CAA on August 30 and 31. Mr. Nigel N. T. Li, Chairman of CAA, delivered the opening remark pointing out that the signing of the Cross-Strait Bilateral Investment Protection and Promotion Agreement on August 2012 underscored the importance of arbitration and mediation in resolving disputes. The two-days conference was divided into six sessions covered various topics. More than 20 arbitration experts from Taiwan and around the world presented and shared their experience and knowledge of arbitration and mediation with more than 70 local and foreign participants.
The first session focused on the fundamental issues and quality enhancement. Dr. Sundra Rajoo (Director, Kuala Lumpur Regional Centre for Arbitration) and Mr. Benjamin Hughes (Independent Arbitrator & Mediator) compared the ethical standards on arbitrators among the institutions concerning the concept of impartiality and independence. Dr. Olivier Caprasse (Professor, Universities of Liège and Brussels) introduced the latest IBA guidelines on conflict of interests and rules on taking of evidence in international arbitration. Moreover, with respect to application of the law are always less clear in the international arbitration, Dr. Joshua Karton (Assistant Professor, Queen's University Faculty of Law) clarified the nature and scopes of arbitrator’s duty to apply the law. In the second session, Dr. Joseph Lee (Lecturer in law, University of Exeter), Ms. Tan Weiyi (Senior Associate, Baker & McKenzie, Wong & Leow), Dr. Renato Nazzini (Professor, King’s College of the University of London), and Dr. Stephan Wilske (Partner, Gleiss Lutz) updated the latest developments of commercial arbitration, including interim measures, remedies, expedited procedures, and enforcement of arbitral awards.
The conference also highlighted some important issues of Investor-State Arbitration. In session four and five, Dr. Julien Chaisse (Associate Professor of Law, Chinese University of Hong Kong), Mr. Rahul Donde (Associate, Lévy Kaufmann-Kohler, Attorneys at law), Mr. Chien-huei Wu (Assistant Research Fellow, Academia Sinica of Taiwan), Dr. Tsai-yu Lin (Professor, NTU College of Law and Director of ACWH) and Dr. Chang-fa Lo (Justice, ROC Constitutional Court and Professor of NTU College of Law) discussed many cases regarding recent development of investment arbitration in Asian jurisdiction. In addition to arbitration, Dr. Bobette Wolski (Associate Professor, Faculty of Law, Bond University) and Dr. Winnie Jo-Mei Ma (Adjunct Assistant Professor, Faculty of Law, Bond University) jointly indicated some new trends of mediation development for mediation settlement agreements (MSAs) and arb-med-arb process in the last session.
Most papers presented in the conference are expected to be published in the November 2013 issues of the CAA Journal in the near future, which is jointly published by CAA and NTU. For subscription information, please check our website: http://www.arbitration.org.tw/english/index.php