The Several Provisions on the Development of International Commercial Arbitration in Hainan Free Trade Port will be implemented from July 1st to create a "preferred place" for international commercial dispute resolution-瞭望新时代网

The Several Provisions on the Development of International Commercial Arbitration in Hainan Free Trade Port will be implemented from July 1st to create a "preferred place" for international commercial dispute resolution

2024-06-18

With the comprehensive promotion of the construction of Hainan Free Trade Port, foreign-related commercial disputes are showing an increasing trend. How to conveniently and efficiently resolve international commercial disputes and provide high-quality and efficient legal services for overseas investors who come to Qiong for investment and development? The Hainan Provincial Information Office recently held the eighth themed press conference on "Interpretation of Hainan Free Trade Port Policy" to interpret the "Several Provisions on the Development of International Commercial Arbitration in Hainan Free Trade Port" (hereinafter referred to as the "Several Provisions"). The Several Regulations have been reviewed and approved by the 11th meeting of the Standing Committee of the 7th People's Congress of Hainan Province, and will come into effect on July 1st. The promulgation of the "Several Provisions" aims to promote the development of international commercial arbitration in Hainan Free Trade Port, enhance the credibility of arbitration, innovate diversified commercial dispute resolution mechanisms, and promote the construction of international commercial arbitration centers serving Hainan Free Trade Port and facing the Pacific and Indian Oceans. At the same time, it marks a new height in the reform and innovation of the arbitration system in Hainan Province, providing a new fulcrum for creating a legal, international, and convenient business environment, and helping to innovate and develop the foreign-related legal work of Hainan Free Trade Port. Docking with international arbitration rules is an internationally recognized and parallel to litigation method for resolving commercial disputes. It has unique advantages such as full respect for the autonomy of the parties, high efficiency and convenience, expert rulings, strong confidentiality, final arbitration, high rate of autonomous performance, and enforceability outside the jurisdiction. It is widely recognized in international commercial dispute resolution. "Arbitration is the most popular cross-border dispute resolution method, and an advanced arbitration system is a standard legal service for creating a high-level free trade port." Wang Lei, Secretary of the Party Committee and Director of the Department of Justice of Hainan Province, told a reporter from the Legal Daily. On June 1, 2020, the Central Committee of the Communist Party of China and the State Council issued the "Overall Plan for the Construction of Hainan Free Trade Port", proposing to actively explore the establishment of more flexible and efficient laws and regulations, regulatory models, and management systems that are suitable for the construction of free trade ports, and to provide various non litigation dispute resolution methods such as international commercial arbitration and international commercial mediation. In January 2023, the Hainan Provincial Party Committee and Provincial Government Office issued the "Hainan Free Trade Port International Commercial Arbitration Center Construction Plan", which requires strengthening regulatory and policy support to promote the sustainable and healthy development of the arbitration industry. Wang Lei introduced that in order to benchmark against international high standard economic and trade rules and accelerate the pilot work of the construction of international commercial arbitration centers, with the strong support and guidance of relevant national departments, relevant departments in Hainan have made joint efforts to fully utilize the regulatory powers granted by the Legislative Law of the People's Republic of China and the Hainan Free Trade Port Law, and make moderate adjustments and innovations to the current arbitration law. As scheduled, the "Several Provisions" have been issued. The "Several Provisions" is the 31st regulation on free trade ports formulated by the Standing Committee of the Hainan Provincial People's Congress since the promulgation and implementation of the Hainan Free Trade Port Law. It is a very important support for the construction of a legal guarantee system for free trade ports. Deng Yunxiu, Vice Chairman of the Legal Affairs Committee of the Hainan Provincial People's Congress, Chairman of the Standing Committee's Legal Work Committee, and spokesperson, stated that the "Several Provisions" actively connect and absorb international common rules, explore temporary arbitration, introduce the concept of "arbitration venue", establish an internationally competitive arbitrator compensation system, improve Hainan's foreign-related legal service capabilities, and expand the influence of China's legal system on a global scale. The Several Provisions strictly promote arbitration reform within the framework of the "three specificities" stipulated by the Supreme People's Court (agreeing to arbitrate disputes in specific locations in mainland China, in accordance with specific arbitration rules, and by specific personnel), and the Hainan Court reviews arbitration cases in accordance with the law. The Hainan Provincial Department of Justice fulfills its registration management responsibilities and implements relevant risk measures. Establish an arbitration industry association to strengthen industry self-discipline. Taking the lead in exploring the system of "Several Provisions" with a total of 27 articles, following the principle of basic arbitration system, combined with the actual development of arbitration in Hainan Free Trade Port, fully drawing on advanced experience at home and abroad, focusing on adapting and innovating in temporary arbitration, selection of arbitrators outside the roster, and other content. As a long-standing arbitration method, ad hoc arbitration still maintains its vibrant vitality and is widely applied in the field of international commercial disputes, receiving widespread recognition from laws and international conventions of various countries. Compared to institutional arbitration, ad hoc arbitration has advantages such as greater flexibility, lower costs, and more convenient procedures, especially in the field of international maritime affairs, which is the main way to resolve disputes. China joined the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) as early as 1987, recognizing and enforcing foreign interim arbitration awards. The "Several Provisions" have broken through relevant regulations and taken the lead in exploring temporary arbitration at Hainan Free Trade Port, clarifying that commercial disputes between enterprises registered at Hainan Free Trade Port, between enterprises registered at Hainan Free Trade Port and foreign, Hong Kong, Macao, and Taiwan enterprises, as well as between foreign, Hong Kong, Macao, and Taiwan enterprises, can be temporarily arbitrated at Hainan Free Trade Port. "The" Several Provisions "have taken the lead in providing provisions for the temporary arbitration system in the form of free trade port regulations in China, enriching the toolbox for resolving commercial disputes and providing efficient, convenient, and internationally aligned temporary arbitration system services for parties to commercial disputes." Wang Lei said. The Several Provisions specify that parties may choose arbitrators who meet the conditions stipulated in the Arbitration Law from outside the roster as needed. Based on the provisions of the Arbitration Law, expanding the autonomy of parties in selecting arbitrators is conducive to attracting excellent domestic and foreign arbitrators to participate in arbitration. To prevent risks, it is stipulated that when selecting an arbitrator from outside the roster, the basic information of the arbitrator must be disclosed and confirmed by the arbitration institution. On May 24th, the Hainan Arbitration Association was unveiled and established in Haikou. The Several Provisions endow the Provincial Arbitration Association with functions such as assisting in the selection of temporary arbitrators, formulating model rules for temporary arbitration, and ensuring the effective implementation of innovative systems. At the same time, encourage overseas arbitrators appointed by arbitration institutions within Hainan Free Trade Port to voluntarily apply to join the Hainan Arbitration Association. To support and promote the cause of international commercial arbitration, the Several Provisions propose multiple measures for precise implementation. Clarify the major issues in the development of international commercial arbitration in Hainan Free Trade Port coordinated by the provincial government; Relevant departments of governments at all levels provide support and supporting services in areas such as finance and taxation, talent policies, entry and exit, and finance, and propose promotion measures for the professional construction, exchange and cooperation, and business guidance of international commercial arbitration. Building a Hainan Brand Hainan International Arbitration Court is an international commercial arbitration institution established to adapt to the construction and restructuring of Hainan Free Trade Port. In 2020, Hainan International Arbitration Court took the lead in completing institutional restructuring nationwide, achieving "six internationalization" in decision-making and governance mechanisms. The reform of arbitration institutions and institutional integration innovation are at the forefront of national arbitration institutions. "We will actively leverage our unique advantages and engine driven role, strengthen the study, promotion, and implementation of the" Several Provisions ", improve the international commercial arbitration system of Hainan Free Trade Port, promote the construction of the International Commercial Arbitration Center with high quality, accelerate the development of Hainan as the" preferred place "for international commercial dispute resolution, and promote the development of Hainan Free Trade Port's international commercial arbitration." Wang Xuelin, member of the Party Committee of the Hainan Provincial Department of Justice and Chairman of the Hainan International Arbitration Court, said. Wang Lei stated that in order to ensure the maximum effectiveness of the regulations after the implementation of the Several Provisions, the Provincial Department of Justice will strengthen publicity and promotion, overall coordination, exchange and cooperation, agglomeration effect, and industry supervision. It is understood that the Hainan Provincial Department of Justice will leverage the advantages of Hainan's region and resources, and leverage activities such as the Boao Forum for Asia and the China International Consumer Goods Expo to widely promote the Hainan arbitration system, guiding parties to prioritize arbitration in Hainan and temporary arbitration in Hainan. Promote arbitration associations and arbitration institutions to "go global" and "bring in", strengthen cooperation and exchanges with international and domestic arbitration institutions, promote talent cultivation and rule construction in Hainan's arbitration industry, and build the "Hainan Arbitration" brand. Zang Aicun, member of the Party Committee and Deputy Director of the Hainan Provincial Department of Justice, stated that in order to ensure that the temporary arbitration system can better leverage its advantages, the Provincial Department of Justice visited various units and enterprises to understand their arbitration needs; Holding arbitration practice training courses at the Law School of Peking University to prepare talent reserves for the implementation of the temporary arbitration system; Promote the prompt introduction of relevant judicial protection and supervision measures, such as provisions on centralized jurisdiction for temporary arbitration. In order to better support the development of arbitration in Hainan Province, Li Jingyun, Director of the Research Office of the Higher People's Court of Hainan Province and Second level Senior Judge, proposed that the Hainan Court will improve the mechanism of arbitration judicial review, enhance the quality and efficiency of arbitration judicial review cases, establish a sound communication and coordination mechanism between the people's court, judicial administrative organs, and arbitration institutions, and strive to create an "arbitration friendly court". Liu Daojun, President of the Hainan Arbitration Association, stated that the association will fully utilize various promotion measures in the Several Provisions, coordinate the healthy and orderly development of the industry, improve the overall internationalization level of the Hainan arbitration industry, and expand the international influence of Hainan arbitration. (Lai Xin She)

Edit：Liling Responsible editor：Jia Jia

Source：http://www.legaldaily.com.cn

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