The Beijing International Commercial Court held a seminar on November 17, 2022, as the second session of its Judge's Salon on International Commercial Law. The theme of the seminar was Challenges and Opportunities - Practice and Future of Judicial Review in Commercial Arbitration.
At the beginning of the seminar, Shan Guojun, president of the Beijing Fourth Intermediate People's Court, delivered a speech, expressing his greetings and gratitude to all the experts in attendance.
He introduced the BICC's path and achievements over the past five years from four aspects: the idea of respecting and supporting arbitration, an efficient arbitration review cycle, various arbitration supervision mechanisms and methods, and open judicial review guidelines for arbitration.
As a national trial expert, Shan also expressed his outlook on the planning and development of the BICC’s future arbitration judicial review work from the aspects of researching and transforming frontier issues of arbitration review, setting up brand forums for international commercial arbitration review, and digging out excellent cases as examples.
The seminar, hosted by Yuan Yuchi, vice president of the Beijing Fourth Intermediate People's Court, covered three topics.
The first topic was “International Perspective - Practice and Reference of International Commercial Arbitration Judicial Review”. Ma Zhiwen, an assistant judge, started with the BICC’s arbitration judicial review work and made a horizontal comparison and analysis of the judicial review work of overseas arbitration. From this perspective he affirmed the BICC’s role in promoting international commercial arbitration’s development.
Bai Xue, another assistant judge, introduced Singapore’s development of its arbitration judicial review mechanism and its referential significance to China’s arbitration judicial review.
The second topic was “Changing Times - Practice and Exploration of China’s Commercial Arbitration Judicial Review”. Cheng Hong, also an assistant judge, put forward his thinking on the problems in China’s arbitration delivery and the influence of criminal issues on arbitration procedures. Wang Jing, an assistant judge, shared the results of her research on an element-oriented trial mode of arbitration judicial review cases, and put forward the idea of "separating the complicated and the simple".
The third topic was “Looking into the Future - Arbitration Law Revision and Development of Arbitration Judicial Review”. Judge Yu Yingying analyzed the possible impact of the revision of the Arbitration Law on the judicial review of arbitration from three aspects: the reconstruction of the effective elements of the arbitration agreement, the consolidation of reasons for revoking an arbitration award, and the right to issue interim measures of an arbitration court, and put forward her suggestions. Ma Jun, BICC president and a senior judge of the third rank, introduced the re-arbitration system in China and abroad, provisions in the Arbitration Law draft, the scope and procedure of re-arbitration, and expounded the significance of re-arbitration system’s improvement and innovation.
Experts spoke highly of the BICC’s practices and achievements in the arbitration judicial review, and explained their views on commercial arbitration and the Arbitration Law draft. They also shared their experiences and thoughts on their work as arbitrators or in arbitration institutions.