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Shenzhen+New York：China-US Economic & Trade Arbitration Dialogue

International arbitration is a major channel for the settlement of disputes in international economic and trade activities. Both Shenzhen and New York are not only representative cities of China and the United States to engage in global economic and trade exchanges, but also center cities in international arbitration. New York, the most active pioneer city in the US international arbitration, is the birthplace of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention of 1958) while Shenzhen, China’s first special economic zone and the most active city in international trade, is a pioneer city in China's international arbitration. Shenzhen Court of International Arbitration (SCIA) took the lead in recruiting foreign arbitrators in the process of China's reform and opening-up and rendered China’s first arbitral award enforced overseas. Its arbitration and mediation services have been extended to 116 countries and regions. A China-US trade dispute with the largest disputed amount in China’s arbitration history was accepted and resolved by SCIA in Qianhai, Shenzhen, which attracted wide attention in the US business and legal communities.

On the afternoon of June 27, 2018, upon the 60^th anniversary of New York Convention, SCIA co-hosted a seminar on “Is International Arbitration in China Impartial” in New York with China General Chamber of Commerce-USA (CGCC), New York International Arbitration Center (NYIAC) and North American Representative Office of Shenzhen, China (NAROS). The seminar is co-organized by SCIA North America Hearing Center, Zhong Lun Law Firm (New York) and DeHeng Law Firm (New York). This seminar taking place in New York was an in-depth dialogue on economic and trade arbitration between China and the United States with the participation of SCIA representing Chinese arbitration institutions and two major arbitration institutions in the United States—American Arbitration Association (AAA) and Judicial Arbitration and Mediation Services, Inc. (JAMS).

The seminar was divided into three sessions, and the first session was for keynote speeches.

Dr. LIU Xiaochun, President of SCIA, delivered a keynote speech on “The Newest Development in International Arbitration: The Perspectives of SCIA and its Reform and Innovation”. In light of the institutional requirements of impartiality in international arbitration, Dr. LIU highlighted SCIA’s reform in its corporate governance structure of statutory body, SCIA’s international arbitrator panel composition and its rule innovation centered on party autonomy as well as the overseas enforcement of SCIA arbitral awards. Dr. LIU also introduced the experience of reform and innovation gained by China’s international arbitration in Shenzhen Special Economic Zone and analyzed milestone arbitration and mediation cases of China-US economic and trade disputes. He shared with the audience core values of SCIA: “independence, impartiality and innovation” and the vision of Shenzhen to develop into “a leading competitive and influential global city driven by innovation” and “an international arbitration hub with global influence and international credibility”.

Prof. William W. PARK, the former President of London Court of International Arbitration (LCIA), Council Member of American Arbitration Association (AAA) and Professor of Law at Boston University, delivered a keynote speech on “Proportionality in International Arbitration: Connecting the ‘How’ to the ‘Why’ and the ‘When’”. By sharing specific cases, Prof. PARK emphasized that the pursuit of impartiality is a key element driving the parties to choose arbitration. Prof. PARK believed that lawyers and parties from different legal systems and cultural backgrounds might have varied understanding of “fairness” and different legal system could cultivate various value concepts. Therefore, when applying the principle of proportionality in international arbitration, one must pay attention to the difference between legal systems and cultural backgrounds.

The second session was for panel discussions moderated by Mark FELDMAN, Professor of Law at Peking University’s School of Transnational Law. The panelists were Dr. LIU, Prof. PARK, Ranse HOWELL, Director of International Operations at JAMS, Christian ALBERTI, Assistant Vice President of AAA-ICDR, Lisa M. RICHMAN, Partner at McDermott Will & Emery LLP, ZHU Maoyuan, Partner at Zhong Lun Law Firm and James SHORTER, Senior Counsel at DeHeng Law Firm. In-depth and warm panel discussions focused on topics of whether international arbitration in China is impartial, whether international arbitration in the United States is impartial, how to ensure impartiality and efficiency and how to strengthen the professionalism and professional conduct of arbitrators as well as the balance and development of arbitration and mediation, the development of investment arbitration between host states and foreign investors, and China’s establishment of international commercial courts.

Prof. SHEN Sibao, Chairman of the Council of SCIA, President of Chinese Society of International Economic Law (CSIEL), delivered closing remarks. Prof. SHEN regarded this New York seminar as the summit dialogue on economic and trade arbitration between China and the United States, which not only displayed a new image of China’s international arbitration in the United States, but also deepened our understanding of arbitration cultures between the two countries. The summit, with far-reaching influence, marks a new start of economic and trade arbitration exchanges between China and the United States and is conductive to a harmonious development of international economic and trade relations. Prof. SHEN said this New York summit was also one of the event series in the 8^th South China In-house Counsel Forum. Continued attention to and participation in South China In-house Counsel Forum and a series of seminars are welcomed, which are hosted by Shenzhen Court of International Arbitration (also named “Shenzhen Arbitration Commission” and “South China International Economic and Trade Arbitration Commission”) and supported by the Supreme People’s Court and Ministry of Commerce.

A total of 121 representatives from the US legal and business communities, as well as representatives from Chinese businesses operating in the US attended the seminar. After the seminar, participants continued to engage in lively discussions on themes of the seminar at the Bank of China Building in New York. The seminar scheduled for three hours actually lasted for five hours until night fell on Manhattan. It is expected that this in-depth and professional dialogue could provide greater impetus for the economic and trade development and arbitration cooperation between China and the United States.

The New York seminar coincided with the upcoming establishment of the first international commercial court by the Supreme People's Court in Shenzhen, which has attracted wide attention in the US legal communities. Participants of the seminar were deeply interested in the future interaction and cooperation between China's first international commercial court and SCIA in Shenzhen, and said that Shenzhen's international business environment under the rule of law is highly anticipated.