The rules are the new model of "Shenzhen+Hong Kong" arbitration

"Give full play to the advantages of 'one country, two systems, three regions, and three systems, and build the Guangdong -Hong Kong -Macao international arbitration highland!" As an important engine of the Greater Bay Area, Shenzhen is continuously promoting the in -depth integration of rules and mechanism connection.

Hong Kong youth Huang Yanhan was a "post -90s", and he embarked on the train of this era. Two years ago, after graduating from a master's degree in a university in the United States, he did not hesitate to choose the Shenzhen International Arbitration Institute (Scia) and became a witness and participant in Shenzhen -Hong Kong arbitration cooperation. He served as secretary of the filing department, and deeply felt the high proportion of the Hong Kong -related cases in the arbitration courtyard. When the case was tried, Hong Kong people participated in the deep degree.

"Gemini City" of international arbitration

Screenshot of the official website of Shenzhen International Arbitration Institute

This is a "two -way go". The South China International Economic and Trade Arbitration Commission (Shenzhen International Arbitration Court), which has a history of nearly 40 years, established the South China (Hong Kong) International Arbitration Council in 2019 with a history of nearly 40 years. The government has established "Shenzhen -Hong Kong Links and promoted cross -border linkage." Li Xiongfeng, who has the background of legal education and practice in Singapore, returned to China for five years after working in the Shenzhen International Arbitration Institute. He was sent to the South China (Hong Kong) International Arbitration Institute to serve as the deputy secretary -general and secretary of the board last year.

Chen Manqi, a representative of the National People's Congress of the Hong Kong District and the Hong Kong arbitration officer of the Shenzhen International Arbitration Court, has visited the Futian Headquarters at the Shenzhen Stock Exchange many times before the epidemic. Once, she participated in the trial of the court on the night of Hong Kong and shared her excitement in the circle of friends: "Take the high -speed rail from the West Kowloon in Hong Kong, can reach Futian Station in 14 minutes, and complete the SCIA's arbitral trial for half a day. It is convenient to commute in Hong Kong! "

Two different legal cooperations, the smallest obstacles and the earliest start may be arbitration. The arbitration cooperation between the two places began in the early 1980s and the foundation was deep. Yesterday, Wang Guizhen, former chairman of the Hong Kong International Arbitration Center, Chairman of the Pacific Lawyers Association, laughed at the reporter: Liang Aishi, the first chief of the Secretary for the Law Department of the Hong Kong Special Administrative Region Government, and former chairman of the Hong Kong Securities Regulatory Commission Liang Dingbang as a member of the Council and member of the Shenzhen International Arbitration Council at the same time and Members of the board of directors of the South China (Hong Kong) International Arbitration Institute, in -depth participation in institutional governance, need to travel around in Shenzhen and Hong Kong, and three people become "inseparable". These three are the heavyweights of the legal community in Hong Kong. They are well -known in the international arbitration community. Over the years, they have also repeatedly used arbitrators and Hong Kong legal expert witnesses to Shenzhen to participate in the case of Hong Kong -related cases.

Liang Aishi has always been expected to cooperate in Shenzhen -Hong Kong arbitration. She once said, "If you can't do it in Hong Kong, you can't do it in the Mainland. We can try it here in Shenzhen. This is a place with good legal services."

The Shenzhen International Arbitration Court, established 39 years ago, is the first arbitration agency in Guangdong, Hong Kong and Macao, and starts with the precedent of Chinese arbitration agencies to hire overseas arbitrators. The new arbitrators announced in February 2022 covered 114 countries and regions, of which 151 were arbitrators from Hong Kong. The Shenzhen International Arbitration Institute has gathered a large number of people in Hong Kong who loves Hong Kong. The Hong Kong Special Administrative Region Government has served as the Director of the Department of Justice and has served as an arbitration organizer of the Shenzhen International Arbitration Institute to further promote arbitration cooperation between the two places.

The "dual -lane" connected by the rules

Source: official website of Shenzhen International Arbitration Institute

If Shenzhen -Hong Kong arbitration cooperation has entered the era of "two -way lanes", then South China (Hong Kong) International Arbitration Council plays a new role in promoting rules.

In international economic and trade exchanges, the parties to the two parties (border) disputes usually want to resolve disputes in their own country or region. When the two sides are struggling, the third place arbitration is often a good choice, and it is necessary to be accepted by the parties to the arbitration. The "South China (Hong Kong) International Arbitration Institute Arbitration Rules" implemented on May 1 this year, with the Arbitration Rules of the United Nations International Trade Law Council as a reference to the blueprint, fully absorb the latest development of modern international arbitration rules. Essence This rule is the main German professor Peter Malanczuk. He is also a director of the Shenzhen International Arbitration Institute and a director of the International Arbitration Institute of South China (Hong Kong). He has served as the chief professor and department of the Department of International Law of the University of Amsterdam. He has also worked in Hong Kong and the Mainland for a long time. Professor of International Law School and Professor of House Law of the University of Hong Kong.

Jian Huimin, a member of the Hong Kong Legislative Council and the General Legal Consultant of BOC Hong Kong, said that the governance model and arbitration rules of the Shenzhen International Arbitration Institute and the South China (Hong Kong) International Arbitration Institute fully reflect the participation of Hong Kong people. People have enough confidence to choose Chinese arbitration.

The "Shuangcheng Shuang Court and Two -Card" has given birth to a new model of "Shenzhen+Hong Kong" arbitration. Faster than the high -speed rail is the trial of "Shenzhen -Hong Kong License and Synchronous". Some time ago, the Shenzhen International Arbitration Court accepted a cross -border lending dispute, with a dispute over hundreds of millions. The applicant of the case is the mainland, and the three respondents are Hong Kong people. The arbitral tribunal consists of 2 Hong Kong people and one mainlander. The trial secretary provides cross -border synchronous trial services. According to statistics, there were 19 cases of "two cities and two hospitals" cross -border synchronous trial last year.

"Soft Unicom" of the mechanism docking

Source: official website of Shenzhen International Arbitration Institute

In order to promote the docking of the mechanism of the Guangdong -Hong Kong -Macao Greater Bay Area, the Shenzhen International Arbitration Council led the establishment of the Guangdong -Hong Kong -Macao arbitration mediation alliance as early as 2013, gathered 18 major commercial arbitration mediation agencies in Guangdong, Hong Kong and Macao, and created "Hong Kong and Macao mediation+Shenzhen arbitration+Shenzhen arbitration+ Cross -border business dispute solution model of cross -border execution. The chairman of the alliance was "take turns to sit in the village" of Guangdong, Hong Kong and Macao, and the cooperation mechanism fully reflects openness, equality, and transparency.

The reason why international arbitration can be an important way for cross -border dispute solutions is a key is the cross -border execution mechanism. Many years ago, the Shenzhen International Arbitration Court launched a precedent for the implementation of the Chinese arbitration ruling abroad. The Chinese arbitration ruling rose from "Shenzhen+Hong Kong" to the world. So far, the Hong Kong Court has implemented the number of Shenzhen International Arbitration Institutes for the first place in the mainland arbitration agency. Last year, the Shenzhen International Arbitration Court was implemented in the Hong Kong court.

It is understood that as a mainland arbitration agency that has received the most cases involving Hong Kong, it has reached 849 cases accepted by the Shenzhen International Arbitration Court since 2019, involving the target of 72.3 billion yuan, which has also been important to the mainland and Hong Kong's social and economic stability in Hong Kong. effect.

"Bridge Castle" with a fusion of the system

Source: official website of Shenzhen International Arbitration Institute

The Shenzhen International Arbitration Institute once tried an international case. One party came from Mainland China, and the other party was from Canada. The two sides selected a arbitrator from Guangdong and a Canadian. President Su Shaocong served as. Three arbitrators from different homes were tried in English.

In foreign -related cases accepted by the Shenzhen International Arbitration Court, such arrangements are not uncommon. Among the commercial disputes involving ordinary law countries accepted by Shenzhen International Arbitration Institute, Hong Kong professionals are not only preferred arbitrators for foreign parties, but also often recognized by mainland Chinese parties. Opening the roster of the Shenzhen International Arbitration Court, 151 Hong Kong arbitrators were at a glance. They played a special role in promoting the integration of the promotion system under different regions.

It is reported that the Shenzhen International Arbitration Court is the international arbitration center of the Guangdong -Hong Kong -Macao Greater Bay Area. This is the pilot task of comprehensive reform given by Shenzhen. At present, the Guangdong -Hong Kong -Macao Greater Bay Area International Arbitration Center is strengthening the construction of professional branches such as the Maritime Arbitration Center, China (Shenzhen) Securities Arbitration Center, China (Shenzhen) Intellectual Property Arbitration Center to promote the development of key industries in the Guangdong -Hong Kong -Macao Greater Bay Area Essence The exchange and cooperation platform established by the Guangdong -Hong Kong -Macao Greater Bay Area International Arbitration Center has 8 Hong Kong and Macao institutions.

The process of institutional integration is also a process of integration of human heart. The promotion of the international business environment of the rule of law with arbitration cooperation has long been the consensus of Shenzhen, Hong Kong's dual -city legal community and the industrial and commercial community. The Chinese South China Enterprise Legal Forum hosted by the Shenzhen International Arbitration Institute has become an important platform for the legal community and the industrial and commercial community of the Mainland and Hong Kong, Macao, and the industrial and commercial community. window. Last year, Shenzhen -Hong Kong Shuangcheng jointly organized the 11th China South China Enterprise Legal Forum to discuss risk prevention and dispute resolution in the epidemic, united professional consensus, and stabilize market confidence.

Before the press release, the reporter from this newspaper was informed of the latest news: Shenzhen International Arbitration Council and South China (Hong Kong) International Arbitration Council will launch a Hong Kong college student internship plan in Qianhai and Hong Kong to further hire Hong Kong youth legal talents Growth provides more opportunities. The 3rd Simulation International Investment Arbitration Shenzhen Cup competition is full covered in Hong Kong and Macao. The team from the University of Hong Kong Law School has registered for two consecutive years. The winners will obtain the qualifications to enter the global competition from Shenzhen. Facing youth, the world, and the future, Shenzhen -Hong Kong arbitration cooperation has become a "bridgehead" for system integration and human integration.

Source: Shenzhen Special Economic Zone News

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