Interview: Building CIETAC's global role
March 07, 2013 | BY
clpstaffLast year CIETAC opened its first Arbitration Centre outside mainland China. David Tring spoke to CIETAC Hong Kong's Secretary General, Wang Wenying, about the role of the new Centre and CIETAC's place in global dispute resolution
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| The CIETAC Hong Kong Arbitration Centre opened its doors on September 24 2012 |
Why did CIETAC establish a Hong Kong Arbitration Centre?
The Hong Kong government is committed to making the territory a leading arbitration centre in Asia, inviting renowned arbitration institutions like the International Court of Arbitration (ICC) and CIETAC to set up Hong Kong branches in order to attract more interested parties to settle disputes here.
CIETAC is China's oldest and most experienced arbitration institution, accepting the majority of foreign-related arbitration cases in mainland China. Cases involving Hong Kong parties rank second in the total number of cases that CIETAC accepts. CIETAC decided to open the Hong Kong Arbitration Centre to be closer to the parties. It provides another arbitration resolution for parties seeking to settle disputes in Hong Kong.
CIETAC Hong Kong Arbitration Centre is the first overseas branch of CIETAC, pushing forward its drive to provide the same services outside mainland China. It is still up in the air whether or not to open another overseas branch – it is up to the development and market demands. In my view, CIETAC will not open another branch outside China in the short term.
How will CIETAC's role in international arbitration change?
The role of CIETAC Hong Kong Arbitration Centre is to promote arbitration services as one of the dispute resolution options for interested parties. CIETAC wishes to cooperate with the Hong Kong International Arbitration Centre (HKIAC), ICC and other institutions to learn from their international experiences. Establishing the Hong Kong Arbitration Centre will aid in CIETAC's going global directive and help integrate itself into the international family of arbitration centres.
How does CIETAC Hong Kong interact with Beijing?
CIETAC Hong Kong Arbitration Centre is a branch of CIETAC, which was established under Hong Kong law. It bears the role and responsibility of a sub-commission of CIETAC as stipulated in the CIETAC Arbitration Rules.
According to the existing CIETAC Arbitration Rules, at present, CIETAC Hong Kong Arbitration Centre mainly receives cases where the arbitration agreement is signed as “arbitration in CIETAC Hong Kong Arbitration Centre” or “arbitration in CIETAC Hong Kong”. Meanwhile, for the cases accepted and administered by CIETAC or by other CIETAC sub-commissions, CIETAC Hong Kong Arbitration Centre will provide assistance, like arranging oral hearings.
How will CIETAC work alongside Hong Kong's already established arbitration centres?
The economic and trade cooperation between mainland China and Hong Kong has deepened after the Closer Economic Partnership Agreement (CEPA) was released. In the meantime, however, commercial disputes are rising. Backed by a sound legal system and excellent geographic location, Hong Kong has many advantages when it comes to developing international arbitration. Hong Kong has brought together a large number of experienced professionals to assist in resolving disputes through arbitration and mediation. The Hong Kong Government supports arbitration and it has provided initiatives to promote development. Arbitral awards made in Hong Kong can be enforced by the majority of the overseas courts.
| “Backed by a sound legal system and excellent geographic location, Hong Kong has many advantages when it comes to developing international arbitration” |
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