中国海事商事仲裁资讯2023年第4季度,2023Q4

China Newsletter on Maritime and Commercial Arbitration (CHNOMACA)

China Review of Maritime and Commercial Arbitration (2021) published

FROM:CMAC | 2023-04-04

China Review of Maritime and Commercial Arbitration (2021) (hereinafter referred to as "Review"), a collection of arbitration journals and reviews compiled by the CMAC, was officially published. The collection includes 9 papers written by experts scholars and practitioners in the arbitration fields, covering a number of hot topics under the context of maritime and commercial arbitration, such as parallel and consolidated arbitration, ad hoc arbitration system, maritime arbitration development, and the construction of international arbitration centers.

Published by Peking University Press, the Review is a bilingual collection of Chinese and English. Mr. KE Liangdong, Vice Chairman of the CCPIT and CMAC, served as the director of the editorial board of the Review, while ZHANG Yuejiao, former chairman of the WTO Appellate Institution and Dean of the Institute of International Dispute Resolution of Tsinghua University, SHEN Sibao, President of the China International Economic and Trade Law Research Association and professor of the Law School of the University of International Business and Economics, ZHANG Yongjian, professor and doctoral advisor of Dalian Maritime University, LIU Xiaohong, president of Shanghai University of Political Science and Law and Director of the Shanghai Arbitration Commission, and LI Hu, Vice Chairman of CMAC served as deputy directors of the editorial board. There are 28 experts from arbitration and legal industry served as members of the editorial board.

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It is a common practice of leading international arbitration institutions to publish professional anthologies to promote its services, exchange views and cultivate arbitration culture. Since 2021, CMAC has implemented the "Several Opinions on Improving the Arbitration System and Enhancing the Credibility of Arbitration" issued by the General Office of the CPC Central Committee and the General Office of the State Council, focusing on the purpose of "serving shipping trade practice and promoting arbitration seminars and exchanges". CMAC carefully plans, focuses on theoretical research, tracks heating topic and analyses cases along with legal interpretation, etc., relying on industry resources, taking the initiative to solicit contributions from authoritative and representative domestic and foreign experts, and through organizing the "CMAC Cup" China Maritime Commercial Arbitration Essay Contest solicits articles from young arbitration practitioners, striving to provide a platform for the training and exchange of foreign-related legal professions in the new era while reflecting the authoritative expert views with strong forward-looking, high reference value and great influence. The Review generally presents the following highlights.

Firstly, rooting from the actual development of Chinese arbitration, the Review demonstrates the practical advantages and theoretical characteristics of Chinese arbitration. Since the inception of CCPIT's foreign-related arbitration, with more than half a century of ups and downs, arbitration has deeply rooted in the soil of the socialist market economy, and countless splendid flowers have bloomed in the spring breeze of reform and opening up policy. The works collected in the Review focus on the unique practice of Chinese arbitration, deeply analyze the practical concerns responded by the reform and development of Chinese arbitration, carefully refine, disseminate and carry forward the "oriental experience" formed by Chinese arbitration in serving the overall situation, benefiting people's livelihood, and disseminating the culture of rule of law, etc. In the same time the works embody the sense of reflection, insist on the original intention, clean up the source and eliminate the essence, confront the problems existing in the current arbitration practice with a critical thinking, and unswervingly facilitate the continuous progress of Chinese arbitration practice with a firm position.

Secondly, with the discussion on the development trend and innovative achievements of international arbitration, the Review provides referential  ideas for the progress of arbitration in China. "We take the initiative and make use of it" is the principle that foreign-related legal professionals  shall consistently adhere to. The Review encourages foreign-related legal professionals to have an international perspective, calls for the voices, tracks, observes, and evaluates the latest practices in international arbitration timely, and also strives to promote the continuous improvement of Chinese arbitration in theory and practice with abundant experience beyond the limitation. Besides the Review pays attention to taking the status quo of the national conditions into account, emphasizes the requirements of meeting the actual needs of Chinese arbitration at present, fostering a critical thinking method in forwarding resolutions.

The Review studies and implements Xi's thought upon rule of the law, aims at the arbitral practices under the rule of law, contributes to the modernization process of China by absorbing the superior experiences worldwide. CMAC is expecting more contributions from the pioneers and experts in the theoretical and practical fields of arbitration as well as supports towards the series of books. Valuable feedback and suggestions for this book are welcomed as always. In the future, CMAC would publish Review annually making it a representative collection in the field of arbitration law in China and firmly soothing the development of China's arbitration industry.