CAA Delegation Attends Arbitration Forums in Mainland China

 

CAA delegation attended “the Seventh Greater China Arbitration Forum” and “China Arbitration Summit” held on 19 and 21 September 2017 respectively.

The former event was held at Guangzhou, coinciding with the launch of the “Rule for Bridging Ad Hoc Arbitration and Institutional Arbitration” hosted by the China Internet Arbitration Alliance. CAA was one of the most active institutions, participating in four of the five sessions. As an invited speaker for opening remarks, Chairman Fuldien Li’s analysis of the origins and development of ad hoc arbitration led to his insights to the continuing challenges of, and contributions by, institutional arbitration. Director Yun-ran Lee gave a presentation in the session on “The Role and Positioning of Arbitration in One Belt One Road”. His recommendations on using arbitration for dispute resolution and risk management supported his conclusion that CAA and Taiwan are becoming well-equipped for providing such services. Director Pi-song Tsai participated in a seminar on ad hoc arbitration, providing his insight on the issue. In the last session on “The New Normal of Institutional Competition and Fusion in Arbitration”, Deputy Secretary-General, Winnie Jo-Mei Ma demonstrated how the CAAI Arbitration Rules 2017 have combined the attributes and aspirations of both ad hoc and institutional arbitration to achieve the common goal of dispute resolution and termination.

At the latter annual event held in Beijing, CAA Honorary Chairman Nigel N. T. Li gave a speech, focusing on the importance of dispute resolution in “One Belt One Road”. He emphasized that the arbitration mechanism and its strengths would help achieve the Initiative from the perspectives of rapprochement, infrastructure and languages.

2017 China Arbitration Summit held in Beijing on 20 September 2017.

Dr. Fuldien Li, CAA Chairman, delivered opening remarks in the 7th Greater China Arbitration Forum on 19 September 2017.

 

2017 Taipei International Conference on Arbitration and Mediation

 

The 11th annual  Taipei International Conference on Arbitration and Mediation, co-hosted by CAA and the Asian Center for WTO & International Health Law and Policy, National Taiwan University College of Law (ACWH), was successfully held on 28-29 August 2017.

Over twenty distinguished arbitration scholars and experts from diverse regions were invited to participate. Conference topics included “Defining the Nature of an Arbitration as Institutional or Ad Hoc”, “Distinctions Between Institutional and Ad Hoc Arbitration in Their Duties/Powers, Quality Assurance and Transparency”, “Distinctions Between Institutional and Ad Hoc Arbitration Concerning Setting Aside and Their Uses”, “Issues in Mediation” and “Issues in Investment Arbitration”.

Nearly 100 participants attended and actively participated in the conference.

Group photo of the 2017 Taipei International Conference.

 

Promotion of CAAI Arbitration Rules 2017

 

In order to promote the new CAAI Arbitration Rules which came into force on 1 July 2017, CAA held an introductory seminar in Kaohsiung on 29 September 2017. It was presented by members of the drafting committee (Winnie Jo-Mei Ma, Helena Hsi-Chia Chen, Jeffrey Chien-Fei Li, Houchih Kuo and Wei-Chun Tsai). Other joint events included: CIArb (EAB) Young Members Group and CAA Joint Evening Talk hosted by Herbert Smith Freehills in Hong Kong on 13 October 2017 (Winnie Jo-Mei Ma, Helena Hsi-Chia Chen); IDRA Masterclass in Beijing on 24 October 2017 (Winnie Jo-Mei Ma) on the comparison between the arbitration rules of CAAI, CAA and UNCITRAL; and CAA-KCAB Seminar in Seoul on 5 December 2017 (Winnie Jo-Mei Ma and Houchih Kuo) on the strategic importance of Taiwan and the benefits of international arbitration for business.

Speakers and moderators of the CAA-KCAB Seminar on 5 December 2017.

 

Establishment of CAAI Preparatory Office

CAA is planning to establish CAAI (Chinese Arbitration Association International) in Hong Kong. The CAA Board of Directors and Supervisors has approved the founding directors of CAAI. The CAAI preparatory office has also been set up to provide CAAI-related services. We genuinely invite all concerning parties to adopt the CAAI model arbitration clause and CAAI Arbitration Rules 2017in their contracts to resolve their disputes. For further information, please call the CAAI Preparatory Office at + 886-2-27078672 (extension11) or email service@caai-arbitration.org.

 

The Inaugural 2017 CAA Gong Duan Cup Arbitration Moot

The 2017 CAA Gong Duan Cup Arbitration Moot took place in CAA Taipei office on 4th-5th November 2017. 10 teams and a total of 58 young practitioners participated the event. CAA Arbitrators were invited to serve as arbitrators in the moot hearings, with marked success in encouraging debates and critical thinking by young practitioners regarding the Moot Problem, Arbitration Law of the Republic of China and CAA Arbitration Rules. To further encourage the young generation to participate in arbitration and other alternative dispute resolutions, CAA has decided to hold the CAA Gond Duan Cup Arbitration Moot annually and possibly also (in both English and Chinese).

Group photo of Arbitration Moot.

 

Seminar on Arbitration Practices

On 13th November 2017 CAA and the Judicial Yuan jointly hosted a seminar on strengthening communication between the judiciary and the arbitration institutions. Emeritus Professor Mary Hiscock of Bond University Faculty of Law delivered her keynote speech on “Judicial Support of Arbitration”.

Seminar topics also included arbitration clause, appointment of arbitrators, and the IBA Guidelines on Conflicts of Interest in International Arbitration. CAA and the Judicial Yuan decide to co-host such seminars annually to provide a continuous discussion platform.

Seminar held on 13 November 2017.

 

Forthcoming Publication

CAA will soon publish a book which is a selective collection of 20 case studies from arbitral awards rendered by CAA arbitrators during the period from 1996 to 2004, which involved the government’s promotion of private participation, procurement and leasing contracts, as well as other common disputes arising from the construction, operation and termination of contracts.

 

Visits

CAA delegates visited China Guangzhou Arbitration Commission on 18 September 2017. Ms. Wang Xiao Li(left), Secretary-General of Guangzhou Arbitration Commission, Dr. Fuldien Li (right), CAA Chairman.

CAA delegations led by Chairman Dr. Fuldien Li (third from right) met with Mr. Singh (third from left), SIAC Chairman of Board of Directors on 2 November 2017.

CAA Chairman Dr. Fuldien Li (left) greeted Emeritus Professor Mary Hiscock (right), Bond University Faculty of Law, on 14 November 2017.

 

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