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China (Shanghai) Free Trade Zone's (FTZ) promulgated new rules on arbitration
on April 8, which will come into force starting from May 1.
This is the
first of its kind in China.The document is regarded as a new institutional
innovation of FTZ.
The set of new arbitration rules has 85 articles in 10
chapters. It has drawn on and improved many of the international commercial
arbitration systems. This includes the improvement on the "Interim Measures" and
addition of "emergency arbitration board" system, which has broken through the
limitations by the "arbitrator list" system. It has instituted the open list of
arbitrators and draws on the "goodwill" arbitration system. It has also added
the procedures for settling small-sum disputes and lowered the arbitration fees.
Wen Wanli, secretary general of the Council for the Promotion of
International Trade Shanghai, said: "It is a system that has further improved on
the combination of arbitration with meditation. By the system, mediation will be
carried out first if parties concerned so demand before the arbitration panel is
formed. This system is very international. An arbitrator who participates in
meditation is not allowed to act as an arbitrator."
The Shanghai
International Economic and Trade Arbitration Commission was among the first
batch of organizations that moved into the FTZ and started to prepare for the
drafting of the new arbitration rules.
After three months of drafting
and nine revisions, the commission completed the rules. The rules have empowered
the arbitration board with greater powers of managing and deciding on procedures
and allowed free options for disputed parties concerned. The rules are fully in
line with the common international practice.
"We shall first of all
apply the terms of contracts or agreements before applying the relevant laws of
China and a diverse means for settling disputes. Arbitration plays an
irreplaceable role in building up the law and order atmosphere in the FTZ. It
can meet to the maximum the all kinds of demands by disputed parties," said Wen.
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