中国海事商事仲裁资讯2024年第1季度,2024Q1

China Newsletter on Maritime and Commercial Arbitration (CHNOMACA)

A memorable breakthrough made by CMAC in the history of ad hoc arbitration in China Mainland

FROM:CMAC | 2023-03-30

Recently, CMAC has been appointed to provide services for the first ad hoc arbitration case subject to the CMLA Ad Hoc Arbitration Rules. The case involved a dispute to which one of the parties was from Hong Kong SAR, China. The arbitration clause concluded by both parties expressly states that "all disputes arising out of or in connection with this Agreement ... The Ad Hoc Arbitration Rules of the China Maritime Law Association apply" "The arbitral tribunal shall be composed of one arbitrator ... The governing law of the arbitration agreement shall be the Hong Kong SAR Arbitration Act..." The appointed authority is China Maritime Arbitration Commission...". During the arbitration proceedings, the parties jointly entrusted CMAC to appoint a sole arbitrator for the case. According to the agreement and the provisions of the "CMLA Ad Hoc Arbitration Rules" and the "CMAC Ad Hoc Arbitration Service Rules", CMAC appointed a sole arbitrator. The case is still pending

This is the first ad hoc arbitration case in which CMAC acted as the appointed authority to provide supportive services. It is a memorable move made by CMAC to showcase for the first time how an arbitration institution serves ad hoc in China Mainland. CMAC plays an important leading role in effectively promoting the development of ad hoc arbitration in China, which is conducive to further improving the credibility of arbitration in China and promoting the establishment of a healthy and orderly arbitration ecosystem.

CMAC will take this opportunity as a starting point, follow the practice of international standards and give full play to the advantages of institutional arbitration in China. CMAC would continue furthering and enriching the content and means of arbitration services, in order to promote international economic and trade exchanges, as well as the healthy development of the international economy.