On November 30, 2018, in Taichung, the 18th Cross-Strait Economic and Trade Arbitration Symposium was jointly organized by China International Economic and Trade Arbitration Commision (“CIETAC”) and Chinese Arbitration Association, Taipei (“CAA”).Wang Chengjie, the Vice Chairman and General Secretary of CIETAC, and Li Fudian, Chairperson of CAA, attended the meeting and delivered speeches respectively. More than 100 participants from CIETAC delegation and representatives of the cross-strait legal, business and arbitration institutions attended the symposium.
In his speech, General Secretary Wang Chengjie firstly extended his appreciation to t the mechanism on views exchange and cooperation established by CIETAC and CAA since 2001. He then introduced the fruitful progress as well as positive roles ofCIETAC and CAA in promoting the development of cross-strait arbitration. General Secretary Wang Chengjie also introduced CIETAC’s acceptance of Taiwan-related cases and the development of the Arbitration Center Across the Straits (hereinafter referred to as “ACAS”). He hoped that the two institutions and the cross-strait arbitration community can strengthen exchanges of views and cooperation, jointly expand channels for cross-strait economic and trade dispute resolution, and work together to provide high-quality arbitration services.
In Chairperson Li Fudian’s speech, he first welcomed the participation of the mainland economic and trade arbitration delegation organized by CIETAC, and appreciated the results of the cooperation and exchange of views between CIETAC and CAA. He also hoped that both institutions could strengthen cooperation, increase mutual consensus, and further promote the development of cross-strait arbitration.
This symposium focused on the latest developments of cross-strait arbitration and discussed issues such as cross-strait arbitration system, ethical norms of arbitrators, and evidence systems.
The first issue of the symposium—— “Comparative and Latest Development of Cross-Strait Arbitration System” was co-hosted by Wang Jialu, Partner of Commerce & Finance Law Offices, and Wu Zisheng,CAA arbitrator. Mr. Dong Chungang, Partner of Jingtian& Gongcheng Law Firm, introduced the latest development of the arbitration system in Mainland China from three aspects: data analysis, theoretical research and development of legal practice., Mr. Guo Houzhi, Senior Counsel of Pontis Law Firm, reported on the latest development of cross-strait arbitration systems from the two aspects: the recognition and enforcement of arbitral awards in Taiwan in the past year, the amendment of Taiwan Arbitration Law. Mr. Meng Ting, Partner of Beijing GoldenGate Lawyers and Guo Qingbao, Founding Partner of Legalway International Law Firm, also shared their views on the above issues.
The second topic of the symposium ——“Ethical Norms of Cross-Strait Arbitrators” was co-hosted by Liu Yong, Partner of Bei Jing Ying Jian Law Firm, and Wu Yonggan, President of Shih Hsin University. Mr. Zhang Zheng, Partner of Beijing Gaopeng& Partners Law Firm, discussed the ethical norms and moral dilemmas of arbitrators. Zhao Meijun(Chao, Marianne), partner of Jones Day International Law Firm, reported the ethical norms of Taiwan arbitration from four aspects: the legislative framework, the content of the arbitrator's ethics, the implementation and the legal effects of the arbitrator's violation of relevant norms. Mr. Mao Huigang, Partner of Shanghai Jin Mao Law Firm and Mr. Huang Xilin, Partner of K&L Gates Law Firm, remarked on the reports of the two speakers.
The final topic of the symposium ——“Comparison of Evidence Systems in Cross-Strait Arbitration Procedures” was co-hosted by Cheng Bing, Partner of Anjie Law Firm, and Li Yongran, Director of Yongran Joint Law Firm. Zhan hao, Partner of Anjie Law Firm, analyzed the evidence rules of arbitration and civil litigation in Mainland China from the perspective of the distribution of burden of proof. Ms. Lin Yao, Partner of the Lee and Li Attorneys-at-Law, made comparative analysis on the arbitration law between Mainland and Taiwan, CIETAC Rules and CAA Rules, IBA Evidence Rules and the evidence system in the UNCITRAL Model Law on International Commercial Arbitration. Ms. Fei Jia, Partner of the Herbert Smith Freehills LLP Beijing Representative Office, and Mr. He Zhiyang, Director of He Zhiyang Law Firm, remarked on the above speeches.
At the symposium, the experts from both sides of the strait shared their profound and unique insights, pragmatic opinions, and delivered brilliant speeches, which enhanced the understanding of the participants on issues related to arbitration in Mainland and Taiwan region.
In its visit, CIETAC and CAA also held a joint meeting and reached significant consensus on issues such as the delivery of cross strait arbitration documents, the establishment of a cross-strait arbitration video platform.
At the Taichung Office of CAA, the CIETAC delegation, the principals of CAA and other arbitration experts has made a constructive discussion on the procedural issues in arbitration.
It has been 18 years since the establishment of institutional cooperation between CIETAC and CAA in 2001. Through the long-term efforts, the "Cross-strait Economic and Trade Arbitration Symposium " has become an important platform for communication and cooperation between the cross-strait arbitration, legal and business circles, and played an important role in creating a legalized and facilitative business environment across the strait.