Home » China Maritime Arbitration Commission: “The Arbitration Rules of China Maritime Arbitration Commission (2021 Edition)” officially implemented eight “firsts” to achieve new breakthroughs_Parties

China Maritime Arbitration Commission: “The Arbitration Rules of China Maritime Arbitration Commission (2021 Edition)” officially implemented eight “firsts” to achieve new breakthroughs_Parties

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Original title: China Maritime Arbitration Commission: “China Maritime Arbitration Commission Arbitration Rules (2021 Edition)” officially implemented eight “firsts” to achieve new breakthroughs

CCB, Beijing, October 9 (Reporter Huang Yuling) On October 9, the China Maritime Arbitration Commission held a press conference in Beijing to release the “China Maritime Arbitration Commission Arbitration Rules (2021 Edition)” (referred to as “2021 Arbitration Rules”) , The rules will come into effect on October 1, 2021.

The scene of the press conference of the China Maritime Commission (photo by Huang Yuling, reporter from China Central Broadcasting Network)

Absorb advanced arbitration concepts to improve procedure transparency

Regarding the “2021 Arbitration Rules”, a reporter from China Broadcasting Corporation interviewed Li Hu, deputy director of the China Maritime Commission. He said that this revision of the rules is mainly due to the accelerated evolution of international economic, trade and investment patterns in recent years and the rapid development of international commercial arbitration.

At the international level, major international arbitration institutions have successively revised their rules and continuously optimized their practices. They are optimistic about my country’s huge market potential and set up business sites in Shanghai and other places in my country to directly provide arbitration services. In particular, the new crown pneumonia epidemic has had a profound impact on international shipping trade and even international arbitration, and technology has increasingly been widely used in conventional arbitration procedures. In order to meet the business development needs of China Maritime Arbitration, keep up with the development of international maritime and commercial arbitration, and promote the development of specialization, modernization and internationalization, China Maritime Arbitration has included the revision of the rules in its 2021 work plan.

Eight “firsts” to achieve new breakthroughs

The reporter learned that at the domestic level, the “2021 Arbitration Rules” has achieved a series of new breakthroughs, with many bright spots, which can be summarized as eight “firsts.” The “2021 Arbitration Rules” responded to the profound changes brought about by the new crown pneumonia epidemic, and for the first time introduced system regulations for electronic delivery, video hearings, video testimony, electronic signatures, and network security and privacy and data protection to meet practical needs; for further enhancements The transparency of the arbitration procedure has given full play to the advantages of Chinese institutional arbitration. For the first time, the rules of evidence have been systematically stipulated to facilitate the arbitration tribunal to correctly ascertain the facts of the case and protect the legitimate rights and interests of the parties. The responsibilities of the tribunal secretary, clarify the division of responsibilities between the institution and the arbitration tribunal, and further realize the organic integration of institutional management and the independent adjudication of the arbitration tribunal; the expert advisory committee system that has been effective in practice and has been confirmed by the “Two Offices Opinions” has been included in the rules for the first time. The nature of expert advisory opinions and their relationship with the arbitration tribunal should be open and transparent, so as to give full play to the advantages of China’s institutional arbitration and increase the credibility of arbitration; Service by the ship’s captain is one of the methods for serving arbitration documents to meet the special needs of maritime arbitration practice; for the first time, it is clear that the arbitration tribunal can take necessary measures to avoid conflicts of interest arising from changes in the agents of the parties, including all or part of the exclusion of new parties. The appointed agent participates in the arbitration procedure to ensure the fairness of the procedure; the liability limitation clause is introduced for the first time.

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CCB, Beijing, October 9 (Reporter Huang Yuling) On October 9, the China Maritime Arbitration Commission held a press conference in Beijing to release the “China Maritime Arbitration Commission Arbitration Rules (2021 Edition)” (referred to as “2021 Arbitration Rules”) , The rules will come into effect on October 1, 2021.

The scene of the press conference of the China Maritime Commission (photo by Huang Yuling, reporter from China Central Broadcasting Network)

Absorb advanced arbitration concepts to improve procedure transparency

Regarding the “2021 Arbitration Rules”, a reporter from China Broadcasting Corporation interviewed Li Hu, deputy director of the China Maritime Commission. He said that this revision of the rules is mainly due to the accelerated evolution of international economic, trade and investment patterns in recent years and the rapid development of international commercial arbitration.

At the international level, major international arbitration institutions have successively revised their rules and continuously optimized their practices. They are optimistic about my country’s huge market potential and set up business sites in Shanghai and other places in my country to directly provide arbitration services. In particular, the new crown pneumonia epidemic has had a profound impact on international shipping trade and even international arbitration, and technology has increasingly been widely used in conventional arbitration procedures. In order to meet the business development needs of China Maritime Arbitration, keep up with the development of international maritime and commercial arbitration, and promote the development of specialization, modernization and internationalization, China Maritime Arbitration has included the revision of the rules in its 2021 work plan.

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Eight “firsts” to achieve new breakthroughs

The reporter learned that at the domestic level, the “2021 Arbitration Rules” has achieved a series of new breakthroughs, with many bright spots, which can be summarized as eight “firsts.” The “2021 Arbitration Rules” responded to the profound changes brought about by the new crown pneumonia epidemic, and for the first time introduced system regulations for electronic delivery, video hearings, video testimony, electronic signatures, and network security and privacy and data protection to meet practical needs; for further enhancements The transparency of the arbitration procedure has given full play to the advantages of Chinese institutional arbitration. For the first time, the rules of evidence have been systematically stipulated to facilitate the arbitration tribunal to correctly ascertain the facts of the case and protect the legitimate rights and interests of the parties. The responsibilities of the tribunal secretary, clarify the division of responsibilities between the institution and the arbitration tribunal, and further realize the organic integration of institutional management and the independent adjudication of the arbitration tribunal; the expert advisory committee system that has been effective in practice and has been confirmed by the “Two Offices Opinions” has been included in the rules for the first time. The nature of expert advisory opinions and their relationship with the arbitration tribunal should be open and transparent, so as to give full play to the advantages of China’s institutional arbitration and increase the credibility of arbitration; Service by the ship’s captain is one of the methods for serving arbitration documents to meet the special needs of maritime arbitration practice; for the first time, it is clear that the arbitration tribunal can take necessary measures to avoid conflicts of interest arising from changes in the agents of the parties, including all or part of the exclusion of new parties. The appointed agent participates in the arbitration procedure to ensure the fairness of the procedure; the liability limitation clause is introduced for the first time.

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