宣传册文字内容中英版

1、宣传册文字内容（中英对照版24/ / / 7/ / / TheEconomist InformationDepartment hasstated thatthe BAC of arbitration in the Asia-Pacific region, and evaluates it as the best choice among more of arbitration in the Asia-Pacific region, and evaluates it as the best choice among more The Beijing Arbitration Commission,

2、 also known as the Beijing Arbitration Center (the “BAC/BIAC”) was established on 28 September 1995 according the Arbitration Law of the Peoples . It e the self-arbitrationinstitutioninChina since1998and hasbeen includedintothe “One-Stop”InternationalCommercialDisputeResolutionMechanism,asoneoftheba

3、tchofby the Supreme Peoples Court of the Peoples since 2018. Over the past decades, the BAC/BIAC has been widely accepted as one of the prirbitration TheBAC/BIACisrunbyaCommitteecomprisingofaChairman and11members.The As a leading institution in China, the BAC/BIAC delivers reliable dispute resolutio

4、n encourages exchanges of the best experience and practice. Towards this end, the actively anizes the Annual Summit on Commercial Dispute Resolution in China, sponsors Biennial ICCA Conference, joins force of the CAJAC (China-Africa Joint Arbitration initiative,andcontributesconstructivelytotheUNCIT

5、RALWorkingGroupIIsdeliberations,asobserver. The BAC/BIAC has been the major force promoting institutional cooperation international arbitration community and internationalization of the law and practice ofThe BAC/BIAC provides tailored dispute resolution services to both domestic and According to th

6、e Convention on the Recognition and Enforcement of Foreign Arbitral (NewYork,1958)(theNewYorkConvention),internationalarbitrationhasbeenrecognizeda means of settling international commercial disputes. It is, indeed, a star among all resolution mechanisms delivering efficient and effective legal solu

7、tion to commercial disputes and has achieved unprecedented success within the context of PartyTheparagraphofarticleIIoftheNewYorkConventionEach Contracting State shall recognize an agreement in writing under which the undertake to submit to arbitration all or any differences which have arisen or whi

8、ay subjectmattercapableofsettlementbyThe paragraph ofarticle II and the paragraph ofarticle IVofthe BAC/BIACs Rules“TheRulesshallapplywherethepartieshaveagreedtosubmittheirdisputetotheBAC/BIACarbitration.Where the partieshave agreed oncertainproceduralmattersortheapplicationofdifferent set of arbitr

9、ation rules, their agreement shall prevail” Article 1(1) “An agreementis an agreement by the parties to submit any dispute which has arisen or whiarise from or in connection with an arbitrable legal relationship between the parties Article18oftheUnited NationsCommission on International Trade Law(UN

10、CITRAL) Model The parties shall be treated with equality and each party shall be given a full opportunity presentinghisThefourthparagraphofarticleIIoftheBAC/BIACsArbitrationRulesWhen applying the Rules, the BAC, the Arbitral Tribunal, the parties and their shallactinaccordancewiththeprinciplesofgood

11、faith,collaboration,andappropriateofthe Under this principle, the BAC/BIACs ArbitrationRules provide specific guidance andforthepartiestobetterpresenttheircasesinthearbitrationFinalityofTheArticle9oftheArbitrationLawofthePeoples “The single ruling system shall be applied in arbitration. The arbitrat

12、ion commission shall acceptany application forarbitration, norshall oples court accept any action submitted the party in respect of the same dispute after an arbitration award has already been given The third paragraph of article 2 and paragraph of article 50 of the Arbitration Rules of“Inrespect of

13、any matters not providedforinthe Rules, the BAC/BIACmayandtheArbitralTribunalmayconductthe arbitrationinsuannerasitconsidersto ensure the efficient and fair resolution of disputes between the parties” Article 2(3) awardshallbelegallybindingfromthedateonwhichitismade”Article50(1) IndependenceofTheArt

14、icle8oftheArbitrationLawofthePeoples “Arbitration shall be conducted independently pursuant to the law, and shall not be Article1oftheArbitrationRulesofBAC/BIAC“The Commission isan arbitration institution, registeredinBeijing,China TheChairman ofCommissionshallperformthedutiesandresponsibilitiesunde

15、rtheRules,andtheVice-or the Secretary-General shall performthe functions and duties vested in the Chairman by BACArbitration RulesThe office oftheCommission shall be responsible forthe dailyaffairs theCommission. The Secretariat shalldesignate a member ofitsstaff asthe case manager, shallattendtothe

16、proceduraladministrationandtheprovisionofservicesrelatingtothe配图说明：20179 1 Deliberation of the Amendment to the Arbitration Law at the 29th Session of the Committeeofthe12thNationalPeoplesCongresson1September“97%of respondentsindicate that international arbitration istheir preferred method ofresolut

17、ion; Anoverwhelming99%ofrespondents Case acceptance under conditions of compliance with requirements for case registration StatementofDefenseandCollectpartiesopinionsandpreparetheevidenceaccordingtothe The arbitration institution assists the parties in nominating arbitrators according to The arbitra

18、l tribunal shall arrange the procedures and hold hearings in accordance with Thearbitral tribunal anizes the parties to sort out theopinions of the wholecase and anScantheQRcodefortheinstructionofarbitration关于 ABOUTATACHOOSING的服务WHATWEINDEPENDENTPROFESSIONALEFFICIENT的用户NETWORKSINTHEFORFOR和部门FORCOURT

19、SERNMENTQUESTTOTHE Until31December In 2018, the disputed amount of the BAC/BIACs caseload accounted for over 10% of the numbers of the whole arbitration industry in China. The average disputed amount of Unit:CNYThe independent development of arbitration institutions and the independent adjudication

20、arbitraltribunals are the guarantees forthe great success of international arbitration under backgroundofeconomicglobalization.Withthesetwoguarantees,therapiddevelopmentofChinese arbitration is the result of the burst of economic vitality. The BAC/BIAC enjoys Article14oftheArbitrationLawofthePeoples

21、 Arbitrationcommissionsareindependentofadministrativeansandthereareno writtenprincipleintheChineselegalframeworkassurestheindependenceofChineseinstitutionsandopensagoldenageofthedisputeresolutioncommunityin The BAC is an arbitral institution, to resolve contractual disputes and other disputes proper

22、ty rights and interests with equal status and has a concurrent name of the International Arbitration Center (the BIAC). The Chairman of the BAC performs the and duties vested in him under the Arbitration Rules, and the Vice Chairman or Secretary-Generalwas entrusted by the Chairman to perform his fu

23、nctions and duties; the Secretariatisresponsibleforthedailyoperation.Foreachcase,theSecretariatshallattendtoproceduraladministrationandtheprovisionofservicesrelatingtothe 一审TheSecondUnit: ComparedwiththearbitrationfeeschargedbyinternationallyrenownedarbitrationBAC/BIAC has an obvious competitive adv

24、antage in respect of its fixed arbitration rates. internationalcommercialarbitration proceedings, partiesarealsogiven the flexibility to Compared with litigation costs incurred in the Chinese courts in cases where the amount dispute exceedsCNY 1.6million, the arbitrationcosts ofBAC/BIAC are competit

25、ive. They canbelowerthanthecostsincurredinthecourtsat instancetogetherwiththecostsincurredsecondinstance;wheretheamountindisputeexceedsCNY45.75million,thearbitrationcoststheBACarelowerthanthosecostsincurredinthecourtsofNatureofPartyPrivate Since its establishment, the BAC/BIAC took the initiative of

26、 exploring the path non-ernmental reform of arbitration institution. It leads the reform and refinement CommitteecenteredernanceofaChinesearbitrationinstitution.Whilethedailyoperationcarried out by the secretariat, the BAC/BIAC interacts and embraces judicial and supervision. The open, transparent,

27、and scientific ernance enabled the BAC/BIAC to be financial independent arbitration institution amongother institutions in China in 1998 andensuredasustainabledevelopmentoftheBAC. BAC/BIAC sets a reasonable fee schedule, which allows a strong financial capacity of institutionaloperation.TheBAC/BIAC

28、purchased7000square metersof5Aoffice building inheart of the Beijing CBD. The state-of-art facility of the BAC/BIAC is equipped with technology and informational systems. Also, the BAC/BIAC provides the most remunerationforarbitratorsamongthewholeChinesearbitrationindustry. Ineacharbitration,theBAC/

29、BIACendeavourstodeliverthedisputeresolutioninacost-manner. As such, the BAC/BIAC gained trust from each arbitration and continuingly expand practiceinthe field.Thetrackedrecordandaccumulative resourcehelptheBAC/BIACto stick Theindependent handling ofcasesbyarbitration tribunalsnot only reflectsthe r

30、espect ofautonomy, which is the cornerstone of the right to arbitrate, but also reflects the maturity quality ofthe user base ofarbitration. Onthe one hand,theBAC/BIAC assistsparties who be unfamiliar with arbitration in appointing the best fit of arbitrator(s), so as to ensure cost-effective disput

31、e resolution process. On the other hand, the BAC/BIAC encourages parties to select the best match of arbitrators by establishing enquiring system Throughout these measures, the BAC/BIAC help parties acquire not only the knowledge arbitration, but also the knowledge of their arbitrators, so as to tai

32、lor their own TheBAC/BIACfrequently anizesmandatorytrainingcoursesandworkshopsforitsAlso,aplentyofcasehandlingrequirementsandguidelinesaredrawfromthelessonsofcases. These measures, along with the BAC/BIACs Arbitration Rules, guarantee the arbitrationtribunalsandindependentcasehandlingforeacharbitrat

33、ioncase. There is a saying in international arbitration community that the arbitration is as good as arbitrators. The BAC/BIAC gathers the prestigious experts in legal and business fields supportstheir dedicationto the arbitration career. TheBAC/BIAC makes and adopts principlesand regulations inChin

34、ato ensurethat everyarbitrator is impartial aswell asthecredibilityofthe The BAC/BIAC currently has 568 arbitrators on its panel. There are 126 foreign arbitrators morethan25countries,togetherwith14fromthe SpecialAdministrativeRegion11from .Internationalarbitratorsaccount for23.2%.Nearly25%ofBAC/BIA

35、C areThe BAC/BIAC open arms for talented arbitrators regardless of the backgrounds, skills, nationality. The pool of BAC/BIACs arbitrators acquires a wide range of industrial which is required by the BAC/BIACs diversified arbitration needs from different sectors businesses.Me, the BAC/BIAC build a u

36、nique BAC/BIAC arbitration profile ofeach of arbitratorsbased on the advanced informational system.It isaccessible bythe parties, and 行业 Industry Lawyer学者 退休 Retired14-18From2014to Disclosureontherecordintotal8,199 BAC/BIAC takes leads in arbitration rules and arbitrator management measures in China

37、. It been the Chinese arbitration institution to introduce the disclosure requirements whichthepartieswouldbe informedbyevery piece ofdisclosedinformation.TheBAC/BIACalsoformulated and constantly improved an array of internal measures, such as codes offor arbitrators and measures addressing the enga

38、gement of arbitrators, the efficiency of handling,andotherpracticestandards.In2008,theBAC/BIACestablishedanarbitratorsupervision committee by virtue of changes to its constitution, enabling the institution examinestrictlytheconductofeacharbitratoronitspanel. BAC/BIACarbitratorsarenotpermittedtoactor

39、berepresentedinanyBAC/BIACarbitration(includinganycaseinwhichanapplicationisfiledtosetasideornon-enforcementofaarbitral award). Given that the overall arbitration community in China is still professional consensuses in specificconducts, thismeasure shows BAC/BIACs determinationing a BAC/BIAC arbitra

40、tor requires assessment and constant training or sharing experience inhis orher field ofexpertise. The chairman cannot bethe BAC/BIAC arbitrator,other members of the committee cannot be nominated as arbitrator by the parties. membersofsecretariatcannotbetheBAC/BIACarbitrator.Astheresultoftheaforesai

41、dmeasures, the BAC/BIAC is free from the “small circle practice”, and maintain the An arbitrator shall be and treats parties fairly and equitable. One arbitrator not treat parties differently on the basis of their level of participation, their reluctance cooperation,and their different cultural trad

42、itions. TheBAC/BIAC also actively assist facilitate communication in the procedures. Together, all participants in an arbitration achievefairnessandequitablenessinindividualcases. The BAC/BIAC is the Chinese arbitration institution to introduce a interactive system for individual cases. After the co

43、nclusion of each arbitration case, a mutual shallbe madebetweenthemembersofthearbitraltribunal, betweenthe arbitrationand the arbitral tribunal, and between the parties and the arbitral tribunal. The assessment result shall be regarded as the core indicator for the renewal of an BAC/BIAC places emph

44、asis on the impartiality, which not only requires a fair and conducts of arbitrators, but also requires the fairness and equitableness of e individualcases.Theaimofthisistomaintainthecredibilityofarbitrationinajustmanner. SettingAsideandNon-Thehigh-qualityarbitrationresultsofBAC/BIACspracticehasesta

45、blishedthepublicpraiseindomesticandforeignjurisdiction. Onthe one hand,along withthedevelopment andchanges in BAC/BIAC approximates zero; on the other hand, there is no arbitral award in Usersofthe BAC/BIACsarbitrationcome from throughout theworld anddisputes oftendifferent industries and different

46、areas of expertise. In addition to its flexible arrangements procedure and its the rigorous requirements as to the writing of award, the BAC/BIAC maintains an open and international vision and strives to resolve each dispute in the 台From2014toerningerninglawhasbeenselectedin1 Arbitratorfromoutsideth

47、eBAC/BIACpanellisthasbeenselectedin1case BAC/BIACscurrentArbitrationRulesincorporateadvancedpracticesininternationalincluding (among other things) procedural orders, consolidation, joinder, and good-participation. These rules have achieved good results in the BAC/BIACs practice. At the time, BAC/BIA

48、C introduced its Investment Arbitration Rules in 2019 in order to further Unit:2017数量Acceptedcasesin2018数量Acceptedcasesin Sales contract disputeFinancialcontractConstructioncontractLoancontractServicecontract AgencycontractOthertypesofcontactsHiredworkcontract PIn a commercial transaction involving

49、multiple parties, there are multiple relationships between the different parties The rights and obligations of different parties may overlap in multiple contractual relationships. The consolidated and joinder systems provided for in the BAC/BIACs Arbitration Rules allorties with eof preservationmeas

50、ures under theArbitration Lawofthe Peoples andtheProcedureLawofthePeoples .Theseenablepartiestoobtainpreservationenforcement benefits across borders and across jurisdictions, and to protect more theirlegitimate rights andinterests. In2017, the BAC/BIAC conducted the emergency proceduresforthe timeam

51、ongChinesearbitrationinstitutions,hel thepartiestotheexecutionorderfromtheHighCourtof . The quality of the award, being e of the arbitration process, is the basis of credibilityofanarbitrationinstitution.BasedonthearbitrationpracticeinthePRC,thehas implemented a series of case handling standards, in

52、cluding the standards for arbitral awards, a self-examination list of arbitrators awards and a self-examination list for awardsscrutinizing process. Each claimofthepartiescanbe respondedto and each dispute be properly resolved in the BAC/BIACs practice. Where an arbitral tribunal is unable to unanim

53、ous agreement on an arbitral award, the BAC/BIAC Arbitration Rules provide that minorityopinion ofthe arbitral tribunal shall be served on the parties togetherwith the award to ensure the arbitral proceedings are transparent to theTheBAC/BIACmainlyfocusesonthedispute resolutioninthe fieldsofFinance,

54、 Investment,and General aviation. By explaining one hot and difficult problem after another, the adheres to the value orientation of encouraging autonomy of will, providing opportunities solvingproblemsandmaintainingtheprincipleofgoodfaith. Justice delayed is injustice. On the premise of following t

55、he international arbitration Chinas arbitration practice inherits the wisdom of traditional dispute resolution. The effectively implements the concepts of mediation, co-operation and innovation into arbitrationpractice. Thisgreatly improvesthe efficiency andeffectivenessofdispute The BAC/BIACs effic

56、ient dispute resolution service is not only a successful example of whichtoobserveChinasarbitrationpractice. 2018InCasesconcludedbyasinglehearingare Rateofwithdrawalofarbitrationcasesare 4个月内（普通程序 6个月内（普通程序Provisions on the time limit for concluding proceedings under the BAC/BIACs Arbitration areas(

57、1) 75days(expeditedprocedures)fordomestic(2) 4months(ordinary (4) 6months(ordinaryTimecostofthearbitrationUnit:国际 Internationalcases 国内 Domesticcases Periodbetweenacceptedcaseandconstitutionofarbitraltribunal Theefficiencyofarbitralproceedingsdependsnotonlyontheefficiencyofthearbitralhearing arrange

58、ments but also on the efficiency of the arbitral institutions case The BAC/BIAC arbitration case managers have all graduated from well-known domestic foreign law schools, and most of their staff have a masters degree or above. Their itsArbitration Rules, but also clarifies the management scope and d

59、uties ofthe arbitral with regard to the arbitral proceedings through a series of internal measures. For the unskilledorreluctantparticipantsinarbitrationproceedings, theBAC/BIAChasprovidedaofeffective solutions to ensure that parties participatingin the arbitration can work together good faith, co-o

60、peration and proper resolution of disputes to facilitate the proceedings enhancethequalityandefficiencyofthearbitrationinaccordancewiththeArbitrationRules. Thearbitraltribunalsself-determinationofjurisdictionpetence)is a practiceininternationalarbitration. Undertheframework ofthe ArbitrationLawofthe