CAAI Arbitration Rules 2017: The new arbitration rules for the new Chinese Arbitration Association, International

Winnie Jo-Mei MaDeputy Secretary-General, CAA*

To align with international trends and benchmarks while conforming to users’ demands and interests, CAA (Chinese Arbitration Association, Taipei) has been devising a new set of arbitration rules for CAAI (Chinese Arbitration Association, International), a new and separate entity to be established, with its first representative office expected to open in Hong Kong.

The drafting committee considered, through comparative references, Hong Kong Arbitration Ordinance (Chapter 609), the arbitration rules of HKIAC, ACICA, ICC, LCIA, SCC, BAC and CIETAC, together with UNCITRAL Model Law and Arbitration Rules. The first public draft of the CAAI Arbitration Rules 2017 (Arbitration Rules of the Chinese Arbitration Association, International) was presented at the Taipei International Conference on Arbitration and Mediation on 30 August 2016. The second public draft was presented at the Taipei Symposium on International Arbitration Rules on 31 March 2017. With approval by the CAA Board of Directors and Supervisors, the CAA Arbitration Rules 2017 took effect on 1 July 2017. They apply to arbitrations seated outside Taiwan Area, while the existing CAA Arbitration Rules 2001 continue to apply to arbitrations seated in Taiwan Area. Such dual-track approach will expand CAA’s services and enhance CAA’s international competitiveness.

The new CAAI Arbitration Rules adopt, in the interest of costs and time efficiency, a semi-bilingual approach to the language of arbitration – “either English or Mandarin Chinese” at a time rather than “English and/or Mandarin Chinese”. Absent the parties’ agreement on language, the claimant may use either English or Mandarin Chinese in its notice of arbitration. CAAI will then make and notify all parties of its preliminary decision on using either English or Mandarin Chinese. The parties will use either of these languages in accordance with such preliminary decision in subsequent submissions and proceedings, unless the Tribunal determines that another language is more appropriate after consulting with the parties.

Despite the increasing trend towards delocalisation of arbitration, the CAAI Arbitration Rules still specify Hong Kong as the default seat in the absence of parties’ agreement, unless the Tribunal determines that another seat is more appropriate after consulting with the parties. Apart from serving the interests of certainty, enforceability and party autonomy, this approach also signifies CAAI’s presence in Hong Kong, a New York Convention and Model Law jurisdiction, and will enable the enforcement of CAAI awards made in Hong Kong and other New York Convention jurisdictions.

The procedures for challenging arbitrators remain disputed due to persisting diversity and inconsistency of institutional and legislative approaches. Most institutional rules empower the arbitration institution to decide on arbitrator challenges, with variations in the specific institutional decision-making body, as well as in the status and finality of such institutional decision. Balancing the need for minimising dilatory challenges with the interest in ensuring impartiality of arbitration, the CAAI Arbitration Rules provide that, pending CAAI’s decision on the challenge within 15 days of CAAI’s receipt of notice of challenge, the Tribunal, including the challenged arbitrator(s), may continue the arbitration, unless CAAI orders suspension.

One of the unique features of Taiwan’s arbitration law is the time limit for award-making within six months after the Tribunal’s constitution, with a maximum extension of another three months. By contrast, the CAAI Arbitration Rules impose the unique double time limits of requiring the Tribunal to declare the closure of arbitral proceedings within six months after its constitution, and make its final award within six weeks after such declaration of closure. Both time limits are extendable by CAAI.

Other noteworthy features of the CAAI Arbitration Rules include the following:

  • extensive scope of application, such as including the interpretation, performance and breach of a contract in addition to the existence, validity or termination of that contract;
  • the Tribunal shall consist of three arbitrators, unless the parties agree otherwise;
  • the Tribunal’s extensive choice of “the law or rules of law” as applicable to the substance of the dispute in the absence of parties’ agreement on the applicable law;
  • unified criteria for commencing single arbitration under multiple contracts (at the initial stage) and for consolidating arbitrations (at a later stage), which are additional and may be related to joinder of parties;
  • comprehensive provisions for emergency measures (before the Tribunal’s constitution) and interim measures (after the Tribunal’s constitution); and
  • concise provisions for expedited procedure for disputes under US$250,000, such as shorter time limits, sole arbitrator, and documents-only arbitration.

These features seek to ensure party autonomy, impartiality, efficiency and enforceability of CAAI arbitration. They also seek to facilitate both CAA and CAAI in exploring the opportunity for One Belt One Road in international arbitration beyond inter-territorial disputes between Mainland China, Taiwan, Hong Kong and Macau. Taiwan is the 22nd largest economy in the world, with its hi-tech industry playing a key role in the global economy. With more than 60 years of history, CAA also has substantial experience and expertise in construction disputes.

Two official versions of the CAAI Arbitration Rules 2017 are currently available – English-only and bilingual (English-Chinese). CAA will offer a series of introductory seminars, including the first Chinese seminar in Kaohsiung on 29 September 2017 and the first English seminar in Hong Kong on 13 October 2017.


Winnie Jo-Mei MaDeputy Secretary-General, Chinese Arbitration Association, Taipei (CAA); FCIArb

DAA Dutch Arbitration Day 2017

The fifth anniversary edition of the Dutch Arbitration Day will bring together international arbitration practitioners as well as academics and in-house counsel. This year we will focus on the latest developments in the areas of advocacy and evidence.

Leaders in the field of international arbitration will share their views on and provide practical insights. They will cover topics such as effective oral advocacy, (cross-) examination of witnesses and experts and preparation and presentation of written testimony and expert evidence. The conference will take place in an interactive setting and will provide an excellent environment for participants to tap into the experience of seasoned practitioners from various jurisdictions.

Dutch Arbitration Day 2017
Advocacy and Evidence

Date: Thursday 14 September 2017
Time: 09.30 hours (opening)
Venue: The Hermitage Museum, Amsterdam, The Netherlands

Time Item Speakers
09.00 – 10:00 Ledenvergadering DAA (DAA members only)
09:15 – 10.00 Registration, Coffee
10.00 – 10:15 Welcome Gerard Meijer, President of the Dutch Arbitration Association, Professor of Arbitration & Dispute Resolution at Erasmus University Rotterdam, partner at NautaDutilh
10.15 – 11.00 Keynote
The essence of arbitral advocacy
Hilary Heilbron QC, barrister and arbitrator at Brick Court Chambers
11.00 – 11.30 Coffee break
11.30 – 12.30 Interview / discussion
Capitalizing on arbitration’s potential in respect of advocacy and evidence
Hilary Heilbron QC, barrister and arbitrator at Brick Court Chambers
Michael Schneider, partner at LALIVE
Arthur Hartkamp, Professor European Private Law at Radboud University
Jeroen van Hezewijk (moderator), partner at Freshfields Bruckhaus Deringer
12.30 – 13.30 Lunch on canal boats
Optional: museum tour
13.30 – 13.45 Appointment Natalie Vloemans as new president DAA Gerard Meijer, President of the Dutch Arbitration Association, Professor of Arbitration & Dispute Resolution at Erasmus University Rotterdam, partner at NautaDutilh
13.45 – 14.15 Lecture 
Workings of the mind and psychological pitfalls in witness testimony
Peter van Koppen, Professor of Psychology and Law at VU Amsterdam
14.15 – 15.00 Expert session 1
Expert session on (the value of) witness evidence in international arbitration and ‘tricks of the mind’
Todd Wetmore, partner at Three Crowns
Bregje Korthals Altes-van Dijk, partner at De Brauw Blackstone Westbroek
Ragnar Harbst, partner at Baker McKenzie
Kevin Smith,  Managing Counsel Global Litigation at Shell
Sophie von Dewall (moderator), counsel at Derains & Gharavi International
15.00 – 15.45 Expert session 2
Expert session on quantum evidence, frequent errors in calculating damages and strategic considerations in deploying damages experts
Steven Finizio, partner at WilmerHale
Noel Matthews, senior managing director at FTI Consulting
Raymond van Hulst, Omni Bridgeway
Kiera Gans (moderator), Of Counsel at DLA Piper
15:45 – 16.30 Coffee break
16:30 – 17:30 Panel discussion
The role and future of advocacy in international arbitration
Paul Cohen, barrister at 4-5 Gray’s Inn Square
David Roney, partner at Sidley Austin
Todd Ptak, senior legal counsel at Airbus Group
17:30 – 17:45 Farewell Wouter de Clerck, Chair of the DAD Organising Committee, senior associate at DLA Piper
17:45 – 00:00 Cocktail dinatoire

Registration fee

The registration fee will be: EUR 350 for non-members; EUR 300 for members; EUR 150 euro for in-house counsel and EUR 75for students *. The price is this year including the festive anniversary cocktail dinatoire. Membership may be applied for via the DAA-website.

*) Note for students: Students must show their student card on the day of the conference.

Registration

Please fill in the form to register. You may register for this event until 7 September 2017.

REGISTER

Hotel suggestions

An overview of hotel suggestions can be viewed here.

Contact information

We hope to be able to welcome you all at The Hermitage Amsterdam on Thursday 14 September 2017. For further information concerning the conference, please visit www.dutcharbitrationassociation.nl or contact us via: DAD@dutcharbitrationassociation.nl.

Cancellation policy

Your registration will be treated as a commitment to attend the conference. If you do need to cancel, the DAA must be notified in writing. If written cancellation is received by 31 August 2017, the registration fee will be refunded in full. Any written cancellation received after that date, will not be subject to any full or partial refund.

Press Release: Launch of DAVA | Strategic Analysis – We Are Looking East

 

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Our team of analysts gathers expertise both from the academic scene and from actual practitioners involved ‘on the ground’ in managing the never-ending roadblocks that occur in the region. Located across three continents (Europe, Asia and North America) and deeply focused on strategic research, conducting advisory work or simply doing business, our Experts are best suited to understand the complex phenomena that shape the emerging challenges.

Using a profound understanding of the post-Communist world, of Balkan atomization, of Middle Eastern generalized civil strife or Sino-Asian transformative visions for the world order, the DAVA reports depict the manner in which cultural and structural coordinates influence the evolution of geopolitical dynamics.

We do not write to simply ‘inform’, but to offer alternative perspectives for curious readers, to aid diplomats and advisers, to set in motion new dilemmas for researchers and to help investors or businessmen make a clear image of an area packed not only with security challenges, but also with economic opportunities.

And, thus, we are looking East.

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You can look East with us on our website: http://davastrat.org

We are more than glad to answer any enquiries you might have at contact@davastrat.org