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The University of International Business and Economics Holds the International Conference on the 60th Anniversary of the New York Convention and the UN Convention on International Settlement Agreements Resulting from Mediation

PublishDate:2019-03-13

On November 3, 2018, on a cool autumn day, with a campus full of distinguished guests, the University of International Business and Economics (UIBE) held the International Conference on the 60th Anniversary of the New York Convention and the UN Convention on International Settlement Agreements Resulting from Mediation. The conference was hosted by the China Council for the Promotion of International Trade (CCPIT) and the United Nations Commission on International Trade Law (UNCITRAL), and was organized by UIBE, the Legal Affairs Department of CCPIT and the China Arbitration Law Research Association. Ms. Anna Joubin-Bret, secretary-general of UNCITRAL, Professor Jiang Qingzhe, secretary of the Party Committee of UIBE, Mr. Lu Pengqi, vice president of CCPIT, and other Chinese and foreign distinguished guests gathered at UIBE. More than 200 people including domestic and abroad law school teachers and lawyers, government and non-government staff members, staff of arbitration institutions, and representatives of UIBE teachers and students attended the conference.

 

 

seminar)

The opening ceremony of the conference was presided over by Professor Shi Jingxia, dean of UIBE School of Law. On behalf of the University, Professor Shi expressed her sincere welcome to all the participants and addressed the main purpose of this conference which was to celebrate the 60th Anniversary of the landmark New York Convention and the adoption of the draft of the UN Convention on International Settlement Agreements Resulting from Mediation. Participants also discussed cutting-edge academic and practical issues during the conference.

 

Group Photo of Spokesmen of the Conference)

 

Professor Shi Jingxia, dean of UIBE School of Law)

Professor Jiang Qingzhe, secretary of the Party Committee of UIBE, pointed out in his speech that the New York Convention had played a positive role in further improving the rule of law and international business environment in China. After reviewing the University’s achievements in the field of economic and trade research and UIBE Law School’s achievements in the field of international law research, Secretary Jiang hoped that the participants would facilitate ideas during the conference and contribute to the field of international commercial arbitration.

 

Professor Jiang Qingzhe, secretary of the Party Committee of UIBE)

Mr. Lu Pengqi, vice president of CCPIT, pointed out in his speech that the "New York Convention" promoted China's foreign-related commercial and maritime arbitration. Mr. Lu also stressed that mediation which reflects the East wisdom of “no litigation” has a huge space in "Belt and Road" dispute resolution. The draft of the UN Convention on International Settlement Agreements Resulting from Mediation adopted by UNCITRAL will have far-reaching implications on resolving future international business disputes.

 

Mr. Lu Pengqi, vice president of CCPIT)

At the book-giving ceremony, Vice President Lu Pengqi presented the “Belt and Road” national legal research series edited by CCPIT to Secretary Jiang Qingzhe. Subsequently, the spokesmen for the conference took a group photo.

 

Book-Giving Ceremony)

In her high-profile keynote speech, Ms. Anna Joubin-Bret, secretary-general of UNCITRAL, pointed out that the New York Convention is the most successful convention in the field of economic law worldwide. For the past sixty years, the UNCITRAL secretariat has accumulated many successful experiences in its efforts to encourage countries to actively join, sign, ratify and implement the New York Convention. Ms. Joubin-Bret also elaborated on the formulation, role, characteristics and implementation of the International Settlement Agreement. This concluded the opening ceremony of the conference.

 

Ms. Anna Joubin-Bret, Secretary-General of the UNCITRAL)

The first specialized seminar “New Development of the Implementation of the New York Convention” was presided over by Professor Shi Jingxia, dean of UIBE School of Law. Professor Zhang Yuejiao of Tsinghua University School of Law, Professor Patricia Shaughnessy of Stockholm University, Mr. Emmanuel Jacomy, partner of Sherman Sterling Law Firm, Professor Dorothé C. Sossa, Permanent Secretary of the African Business Law Coordination Organization and Professor David Butler of Stellenbosch University respectively gave wonderful speeches regarding the following issues: The New York Convention as the Cornerstone of the Development of International Commercial Arbitration; Suspension of Foreign Arbitral Awards under the New York Convention; The Modernity of the New York Convention and the Impact of Article 7 of the Convention; OHADA Members’ Legal Orders to Implement the New York Convention; and The Importance of the New York Convention on the Development of China-Africa Trade and Investment: Possible Difficulties and Contributions of the China-Africa Joint Arbitration Center.

 

From left to right: Professor Shi Jingxia, Professor Zhang Yuejiao, Professor Patricia Shaughnessy, Mr. Emmanuel Jacomy, Professor Dorothé C. Sossa and Professor David Butler)

The second specialized seminar, "China's Implementation of the New York Convention," was presided over by Mr. Li Hu, deputy secretary-general of the China International Economic and Trade Arbitration Commission. Ms. Gao Xiaoli, vice president of Civil Adjudication Tribunal No.4, the Supreme People’s Court of PRC, Professor Xiao Yongping of the Institute of International Law of Wuhan University, Ms. Chiann Bao, vice chairman of the International Chamber of Commerce (ICC), Mr. Chen Fuyong, deputy secretary general of the Beijing Arbitration Commission, and Mr. Li Qingming, associate professor of the Institute of International Law of the Chinese Academy of Social Sciences, respectively gave lively and enthusiastic speeches regarding the following issues: The Application and Interpretation of the New York Convention in Chinese Courts; China’s Implementation of Article 5(1)(b) of the New York Convention; Analysis of the Implementation of ICC Arbitration Rules and Foreign Arbitral Awards in China; The Impact of the New York Convention on the Management of the Case of the BAC; and The Recognition and Enforcement of Property Preservation in Foreign Arbitral Awards by Chinese Courts. These speeches depicted a comprehensive picture of the implementation of the New York Convention in China.

 

From left to right: Mr. Li Hu, Ms. Gao Xiaoli, Professor Xiao Yongping, Ms. Chiann Bao, Mr. Chen Fuyong and Mr. Li Qingming)

The third specialized seminar, "New York Convention, International Settlement Agreement and ‘Belt and Road’ Construction" was presided over by Professor Shen Sibao of UIBE School of Law. Ms. Michelle Sunita Kumma, senior legal counsel of Asia International Arbitration Centre (Malaysia), Ms. Sue Hyun Lim, secretary general of the International Arbitration Department of the Korea Commercial Arbitration Association, Ms. Ling Yang, deputy secretary general of the Hong Kong International Arbitration Centre, Mr. Huang Tao of King & Wood Mallesons Law Firm, Mr. Cao Lijun of Zhong Lun Law Firm, and Ms. Xie Changqing, deputy secretary general of China Maritime Arbitration Commission, respectively gave meaningful speeches regarding the following issues: The Implementation Mechanism of Arbitration in Countries along the “Belt and Road” Initiative; Interaction between the New York Convention and Domestic Arbitration Laws; Strengthening the Implementation of Arbitration in the Mainland China, Taiwan and Hong Kong; Master the International Rules and Serve "Belt and Road" Initiative; The Singapore Mediation Convention and Its Impact on Countries along the “Belt and Road” Initiative; and The Practice of Applying the Advantages of Chinese Arbitration to the "Belt and Road" Dispute Resolution under the New York Convention. These speakers profoundly explored the relationship and application of international arbitration in China's “Belt and Road” Initiative.

 

From left to right: Professor Shen Sibao, Ms. Michelle Sunita Kumma, Ms. Sue Hyun Lim, Ms. Ling Yang, Mr. Huang Tao, Mr. Cao Lijun and Ms. Xie Changqing)

The fourth specialized seminar, "New York Convention, International Settlement Agreement and investor-host country investment dispute settlement" was presided over by Mr. Chen Jian, deputy secretary-general of the China Arbitration Law Research Association. Professor Lu Song of China Foreign Affairs University, Mr. Jakob Ragnwaldh, deputy secretary general of the Arbitration Institute of the Stockholm Chamber of Commerce, Professor Zhao Xiuwen of the Law School of Renmin University of China, Mr. Tao Jingzhou of Dechert Law Firm, Professor Xue Yuan of UIBE School of Law, and Mr. Li Jianning, secretary of the Commercial Legal Service Center of CCPIT respectively made inspiring speeches regarding the following issues: China’s Problems Related to the New York Convention and Investor-host Country Investment Disputes; The Potential Impact of the Achmea Ruling on the Enforcement of Investment Treaty Arbitral Awards among EU Members; Determination of Nationality of Non-ICSID Investment Arbitration Award; The Implementation of the Ruling in the Bilateral Investment Protection Agreement Signed by China; The Practice of Investor-host Country Investment Dispute Resolution Mechanism in China; and The Impact of the Adoption of the Agreement on the Settlement Agreement on Commercial Mediation in China.

 

From left to right: Mr. Chen Jian, Professor Lu Song, Mr. Jakob Ragnwaldh, Professor Zhao Xiuwen, Mr. Tao Jingzhou, Professor Xue Yuan and Mr. Li Jianning)

The closing ceremony of the conference was presided over by Mr. Liu Chao, vice minister of the Legal Affairs Department of CCPIT. Ms. Anna Joubin-Bret, secretary-general of the United Nations Commission on International Trade Law, Mr. Chen Jian, deputy secretary-general of China Arbitration Law Research Institute, Professor Shi Jingxia, dean of UIBE School of Law, respectively gave their farewell address and offered their sincere gratitude to the hosts, the organizers, all the participants and the staff. Professor Shi Jingxia said that the conference emulated the style of UIBE School of Law, which centers on the practicality and interactivity of choice topics, and hoped that the participants would be inspired.

 

From left to right: Mr. Liu Chao, Ms. Anna Joubin-Bret, Mr. Chen Jian and Professor Shi Jingxia)

As the largest international event in this field of this year, this international seminar was not only innovative on issues, but also focused on forward-thinking academic perspectives. The success of this conference marks a new starting point, from which UIBE School of Law will propose more development plans for Chinese arbitration and contribute wisdom to the development of international arbitration with the cooperation of domestic and international colleagues.