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Chairman Ma Zhanjun of the Asia Pacific International Arbitration Chamber was invited to attend the Fourth Summit of the International Economic Administrative Law Roundtable Forum on "Investment Regulation Law under High-level Opening-up."

Release time：2024-03-22 14:24:24

On March 16, 2024, Chairman Ma Zhanjun of the Asia Pacific International Arbitration Chamber was invited to attend the Fourth Summit of the International Economic Administrative Law Roundtable Forum on "Investment Regulation Law under High-level Opening-up," hosted by the International Economic Administrative Law Roundtable Forum of Fudan University and organized by the International Economic Administrative Law Team of Fudan University Law School.

During the opening ceremony, Professor Zhu Shudi, Chairman of the International Economic Administrative Law Roundtable Forum of Fudan University, served as the host, and Professor Cheng Tianquan, former Secretary of the Party Committee of Fudan University/Renmin University of China, Professor Ye Qing, President of East China University of Political Science and Law, and Professor Du Yu, Dean of Fudan University Law School, delivered opening remarks.

During the keynote speech session, Professor Ma Zhongfa of Fudan University Law School served as the host, and Professor Pan Weijie of Fudan University Law School delivered a speech on "The Significance of Globalization to Contemporary Chinese Legislative System," and Professor Kong Qingjiang, Dean and Professor of International Law School of China University of Political Science and Law, delivered a speech on "Chinese Investment Regulation Law under High-level Opening-up."

In the thematic discussion session, Chairman Ma Zhanjun delivered a special report on "Improving the Legal System of International Arbitration in China from the Perspective of Arbitration Institutions." Chairman Ma Zhanjun stated that the Arbitration Law of China enacted in 1994 was considered a milestone in China's legislation at that time. Over the past 30 years, the law has not been systematically amended, but revisions are currently on the agenda. This law has played a decisive role in the development of arbitration in China, but attention should also be paid to the fact that it retains provisions with Chinese characteristics such as the objection period for the effectiveness of arbitration agreements and non-recognition of interim arbitration. Such arbitration legislation with Chinese characteristics does not fully conform to international arbitration principles, leading to doubts among parties, especially international arbitration parties, about choosing China as the place of arbitration.

The future direction of amending China's arbitration law is internationalization, that is, to align it with international norms as much as possible and to diminish the so-called Chinese characteristic provisions. Chairman Ma Zhanjun believes that there is currently a voice calling for strengthening the administrative management of Chinese arbitration institutions through measures such as suspension of business, fines, and liability for compensation, in order to regulate arbitration institutions and enhance the credibility of arbitration in China. We should be vigilant against this direction of modification, as following this direction would result in a decrease rather than an increase in the credibility of Chinese arbitration institutions. Therefore, it is suggested that the administrative management of Chinese arbitration institutions should not be legislated, but managed through industry self-discipline. Most arbitration institutions in China are still under the jurisdiction of judicial administrative organs and operate under bureaucratic management, leading to high doubts about the independence and neutrality of Chinese arbitration institutions, especially among foreign parties. Therefore, in the construction of foreign-related legal systems, Chinese arbitration institutions must go global and serve the world. They must move away from administrative control and bureaucratization, truly positioning arbitration institutions as platforms to serve parties and arbitral tribunals, rather than power institutions with so-called "adjudicatory powers." On the other hand, in addition to the path of Chinese arbitration institutions going global, consideration could also be given to establishing international arbitration institutions with Chinese influence in arbitration chambers such as Singapore. Currently, we are delighted to see that the Asia Pacific International Arbitration Chamber in Singapore has been legally registered and established. This institution not only provides high-quality international arbitration services primarily in English but also features international arbitration services with Chinese characteristics. This is reflected in the arbitration website of the institution providing a Chinese interface and concurrently hiring arbitrators from mainland China, Hong Kong, Macao, and Taiwan. Additionally, in consideration of the parties' consumption habits, the arbitration fees are structured to allow billing either on an hourly basis or based on the subject in dispute. The institution, to serve international arbitration parties locally, has established service centers or arbitration centers in Hong Kong, Sichuan, Chongqing, Hangzhou, as well as in Southeast Asian regions such as Indonesia, Malaysia, and North America's Canada, creating a comprehensive service network for countries and regions around the Pacific Ocean. In the future, Chinese enterprises going global can not only enjoy characteristic Chinese services but also convenient local services. We believe that the Asia Pacific International Arbitration Chamber will become the first choice for Chinese enterprises going global.

Chairman Ma Zhanjun emphasized that although the Asia Pacific International Arbitration Chamber provides Chinese language services, it will not change our original intention of treating the legitimate interests of Chinese and foreign parties fairly. We believe that the international arbitral tribunals of the Asia Pacific International Arbitration Chamber can uphold neutrality and fairness and make convincing arbitration awards in commercial disputes between Chinese and foreign parties. We welcome more lawyers whose primary working language is Chinese to leverage the advantage of the Chinese language services provided by the Asia Pacific International Arbitration Chamber and demonstrate their capabilities in future international arbitration representation business.

In the closing ceremony, Professor Gu Weixia, Associate Professor of the Faculty of Law at the University of Hong Kong and Executive Director of the China International Private Law Society, delivered a speech on "Constructing Dispute Resolution Mechanisms under the New Round of Foreign-Related Legal Construction in China." Qian Jin, Director of the Policy and Regulation Department of the Shanghai Local Financial Supervision and Administration Bureau, Xu Yongqian, President of the Fudan University Beijing Alumni Association and Deputy Dean of the Institute of Dentons Law Firm, Xue Guocai, Director of the Shanghai Lawyers Association, and Professor Li Shigang, Vice Dean and Professor of the Faculty of Law of Fudan University and Visiting Researcher at Seoul National University, delivered speeches.

The Fourth Summit of the Roundtable Forum ended successfully. Chairman Ma Zhanjun made important suggestions at this summit on promoting the internationalization of Chinese arbitration institutions. With the conclusion of this summit, the Asia Pacific International Arbitration Chamber looks forward to more exchanges and cooperation with various institutions and anticipates jointly promoting the prosperity and development of international arbitration in China against the backdrop of high-level opening-up.


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