On September 16, 2018, the China International Economic and Trade Arbitration Commission (CIETAC) held the regular press conference for September, at which the Chinese and English versions of the Annual Report on International Commercial Arbitration in China (2017) and the International Investment Panel of Arbitrators were released by Wang Chengjie, Vice-Chairman and Secretary-General of CIETAC. Zhao Jian, Vice-President of CIETAC Arbitration Court, presided over the press conference.
Wang Chengjie briefly introduced the background and relevant information regarding the release of the Annual Report on International Commercial Arbitration in China (2017) (“Annual Report”). He pointed out that 2018 marked the 40th anniversary of the Reform and Opening Up and the fifth year since the Belt and Road Initiative was brought forth and implemented. The 19th National Congress of the Communist Party of China (CPC) decided that China should promote a new pattern of comprehensive opening up and actively push forward the Belt and Road international cooperation. In this context, implementing special research projects and releasing the annual report on China's international commercial arbitration on a yearly basis can reflect the development status of China's international commercial arbitration and sum up historical experience. It is of great significance for promoting the development of theoretical research and practices of China's international commercial arbitration, for providing reference for the legislation and judicial authorities, for establishing an information exchange platform for the domestic and international arbitration professionals, for enhancing China's influence and competitiveness in the international arbitration community, and for promoting the development of China's international commercial arbitration system.
According to Wang Chengjie, members of the annual report task group are mainly experts and practitioners from universities, arbitration institutions, the Supreme People's Court and law firms. A combination of empirical analysis and theoretical research was used in preparation of the annual report. Based on the analysis of the data on international commercial arbitration cases in China in 2017, the annual report tracks the development of China's international commercial arbitration legal system, examines the efforts of Chinese commercial arbitration institutions in promoting investment arbitration, discusses the status of judicial review of China's international commercial arbitration, and summarized arbitration practices in cases related to Public-Private Partnership (PPP) projects as a special observation for 2017. The annual report mainly has the following five highlights: First, in the overview of the development of China's international commercial arbitration, the judicial interpretation and opinions on arbitration issued by the Supreme People's Court in 2017 are specifically introduced. Second, based on the arbitral awards concluded by CIETAC which involve PPP projects and the analysis of the development trajectory, scope of application, legal framework and legal relationship of PPP projects, the annual report specifically observed the types of disputes and whether it can be arbitrated or not. Third, the annual report, for the first time, sorted out the legal framework for international investment dispute resolution, actively explored the practice of international investment dispute resolution, and introduce the new development of China's international investment arbitration practices by taking the CIETAC Investment Arbitration Rules as an example. Fourth, the judges of the Civil Adjudication Tribunal No.4 of the Supreme People's Court, which is in charge of judicial review and supervision of foreign-related arbitrations in the country, guided post-doctoral researchers of the Institute of Applied Jurisprudence of the Supreme People's Court to complete a study on the judicial review of international commercial arbitration in China, giving the annual report great value for research and reference. Last but not least, the annual report was simultaneously released in Chinese and English versions for the first time.
Wang Chengjie concluded that the serial research contained in the annual report will continue and will be improved to make greater contribution to the development of China's international commercial arbitration.
Wang also shared the process and situation with regard to the making of CIETAC’s International Investment Panel of Arbitrators. He said that since the publication of the CIETAC International Investment Arbitration Rules, it has attracted extensive attention from Chinese and foreign investors and the international arbitration community. In order to speed up the implementation of the Investment Arbitration Rules and play the role of CIETAC in resolving international investment disputes, CIETAC has initiated the selection and appointment of international investment arbitrators. In order to fully meet the needs of the parties in arbitration, ensure high level of expertise of arbitrators, thereby ensuring the quality of arbitration awards, and protecting the legitimate rights and interests of Chinese and foreign investors and host countries of investments, CIETAC has established strict criteria for selection to select among arbitrators with high level of ethics and experience as well as international prestige in the field of investment arbitration. CIETAC also paid attention to the distribution of the nationality of foreign arbitrators, focusing on countries along the Belt and Road and countries and regions where Chinese investments are more concentrated. At the same time, the selection and appointment of Arbitrators have also received active support and cooperation from international organizations such as the United Nations Commission on International Trade Law (UNCITRAL), the Ministry of Commerce, the Ministry of Foreign Affairs and other relevant Chinese ministries. Finally, the International Investment Panel of Arbitrators was reviewed and adopted by the Arbitrator Qualification Review Committee of CIETAC and the CIETAC Chairman’s Meeting.
Wang said that CIETAC has appointed a total of 79 investment arbitrators from 36 countries and regions. Two-thirds of the arbitrators are from foreign countries to ensure the level of international representation. The investment arbitrators appointed this time have rich experience in international investment arbitration and good international reputation. In general, the investment arbitrators appointed this time have a high level of professional integrity and expertise, practical experience and international representation. They can meet the needs of Chinese and foreign parties for investment arbitrators and can guarantee the quality of arbitration awards and can play a role in CIETAC’s efforts in promoting the Investment Arbitration Rules.
Wang finally said that the formulation and release of the International Investment Panel of Arbitrators is an important step in CIETAC’s efforts for strengthening the promotion of the Investment Arbitration Rules. After that, on the basis of the excellent team of arbitrators, CIETAC will guide enterprises to familiarize themselves with CIETAC’s international investment dispute resolution mechanism and will enhance the confidence of Chinese and foreign investors in CIETAC international investment dispute settlement mechanism, raise the international community's attention to CIETAC’s investment arbitration, and continue to increase the international prestige of CIETAC.
At the press conference, reporters from People's Daily, China Daily, and Economic Daily raised questions about the Annual Report, the International Investment Panel of Arbitrators and the international development of CIETAC.
Journalists from more than 30 media outlets including Xinhua News Agency, CCTV, China News Service, and Legal Daily participated in the press conference. This press conference is also one of the serial activities of the China Arbitration Week.