The Greater Bay Area International Arbitration Center that goes to the world

In the interview of this series of reports, the reporter's arbitration case of "Tuang Gan Ge into Jade" in the Shenzhen International Arbitration Court. In the imagination of the reporter, the parties to the arbitration must be the word, the sword, and the sword, but recently, in the Qianhai International Arbitration Building, the reporter witnessed that the two parties shook hands and talk and laugh.

Don't start a lifetime "handshake party"

This is a dispute involving the new crown pneumonia. In early 2020, the mask supply was very nervous. A world -renowned international communications equipment company signed a mask sales agreement with Mingerkang, Hubei, my country. Later, due to serious differences in quality problems, he requested arbitration from Shenzhen Guozhong. The case was complicated, and the arbitration ending was likely to be a defeat. After the trial, the arbitral tribunal was commissioned to obtain the consent of both parties. Dr. Li Yiming, the secretary of the arbitral tribunal graduated from the University of Science and Technology of Macau for a long time, patiently and professional for promoting mediation, and the two sides finally reached a settlement.

The two sides jointly requested the Shenzhen State to arrange a round table arbitration hall to hold a unique "handshake party", which was just "hit" by reporters. The two sides have a sense of ritual that they have successfully resolved the dispute, let go of the suspicion, and also look forward to cooperation in the international market. Hubei Minorkang also announced on the spot to donate 1.8 million masks to the other party for free. The arbitration trial is based on the principle of confidentiality. Many companies are unwilling to disclose their real names, but the representative of this company does not mind: "We specially came to Shenzhen from Hubei to express the sincerity of reconciled with each other, expressing the arbitration tribunal and case handling cases. The secretary has worked hard to promote the win -win gratitude of the parties, and expresses the respect of the parties centered on the parties in Shen Guozhong. "

Li Yiming told reporters that he was lucky, not only because he was able to enter the first arbitration institution of the Guangdong -Hong Kong -Macao region in the Guangdong -Hong Kong -Macao region two years ago, but also not only because of his collective winning the "Shenzhen Comprehensive Reform Pilot Promotional Contribution Award "It is because he is fortunate to feel the concept of the parties centered on the parties in every case.

"Born" for the parties

Centered on the parties, it is the core concept of China's international arbitration in the innovation and development of Shenzhen Special Economic Zone. The key idea of ​​practicing this concept is to fully respect the meaning of the parties. In the Shenzhen Guozhong, the parties can independently agree on the place of arbitration, arbitration rules, arbitration languages, delivery methods, group methods, trial methods, opening place, evidence rules, applicable laws, and so on. Among the above factors, whether it is domestic or overseas, the parties are most concerned about the composition of the arbitral tribunal, especially the confirmation of the chief arbitrator.

"In Shen Guozhong, the parties do not need to have this concern at all. Because there are the most respectful arbitration rules that respect the parties 'autonomy. Perhaps the management here is the least' power 'among all arbitration institutions, because the management here is through the' self -self -self -self -self -self -self Revolutionary 'and' self -cut power 'have already given the power to the parties to the greatest extent, and the parties have enough meaning of autonomy. "Liu Zhong, a legal executive of a central enterprise, has just participated in an arbitration trial. Essence

Liu Zhong said that in the practice at home and abroad, the probability of the parties can jointly select the chief arbitrator is very low. In this case, in accordance with the provisions of the arbitration rules of the arbitration law and the arbitration rules of various arbitration agencies, the chief arbitrator is generally by the Arbitration Commission. Director (president of the Arbitration Institute) designated. However, in the past ten years, Shen Guozhong has adhered to the parties as the center. In the rules, it has been launched and gradually improved innovative measures such as the "Side Selection Law", "Section Law", "Selection Law" and "Elimination Law". The right to arbitrators "pay back" to the parties to help the parties find the "largest common divisor" as much as possible, thereby eliminating the parties' concerns about the neutrality of the arbitral tribunal, strengthening the party's trust in international arbitration in China, showing the openness of the business environment of the SAR's special zone And fully respect for market subjects.

Regular innovation centered on the parties is the "self -revolutionary" reform practice, just like the innovation of Shenzhen Guozhong in the governance mechanism. According to the decision -making and deployment of the Shenzhen Municipal Party Committee and Municipal Government, with the goal of improving the international credibility of the market -oriented business environment, as the world's first arbitration institution to implement the management model of legal institutions, since 2012, Shenzhen Kingdom has established decisions and decision -making, and Execute and supervise the separation and effective check -to -balance legal person governance mechanisms to avoid inside people's control and local protection from the system. Guo Xiaohui, director of Shenzhen Guozhong and executive chairman of the Shenzhen Municipal Foreign Investment Enterprise Association, said: "This is something that predecessors have never done. If the rules are obtained, they cannot solve the burden of history and cannot participate in global competition in international arbitration."

Innovate for the market

Reform and innovation is the root of the SAR and the soul of international arbitration of the SAR. The reform and innovation practice of Shenzhen State has been trusted in the market for many years, and the parties to the case have so far covered 137 countries and regions. The National Development and Reform Commission listed the "Innovation Mechanism Construction International Arbitration Highlands" as one of the 47 innovation measures and experiences and practices of Shenzhen Special Economic Zone since the 18th National Congress of the Communist Party of China. The first batch of authorized issues of the comprehensive reform of the Shenzhen Pilot Demonstration Zone in the Central Committee requires that "the International Arbitration Center of the Guangdong -Hong Kong -Macao Greater Bay Area is infracted by the International Arbitration Agency of the Special Economic Zone". The Shenzhen Municipal Party Committee comprehensively deepened the reform committee to conscientiously implement the requirements of the above list, and continuously introduced two reform documents to accelerate the construction of the International Arbitration Center of the Guangdong -Hong Kong -Macao Greater Bay Area.

Meng Wei of the Shenzhen Guozhong Research Office told reporters that in order to promote the development of key industries such as international finance, shipping, trade, and high -tech in the Greater Bay Area, and stabilize the market order, the Shenzhen Municipal Party Committee and Municipal Government decided to set up three three under the International Arbitration Center of the Guangdong -Hong Kong -Macao Greater Bay Area. Professional branches: China (Shenzhen) Securities Arbitration Center, China (Shenzhen) Intellectual Property Arbitration Center and Maritime Arbitration Center. Matching this is the professionalism and "international model" of the arbitrators in these three major fields: 461 arbitrators in the capital market areas, Liang Dingbang, Gao Xiqing, Shen Sibao, Wu Zhiyuan, Wang Liming and other representative figures support the rule of law in China. Talent highlands; 196 arbitrators in the field of intellectual property rights, including 98 overseas, top domestic and foreign experts Wu Handong, Liu Chuntian, Tan Yunzhi, etc. are listed; 117 arbitrators in the field of maritime and sea merchants are distributed in 22 countries and regions. Among them Shao is top experts from global shipping centers such as London and New York, and the representative experts of Hong Kong maritime arbitration basically apply for joining the roster. In the trend of gradually "east -movement" of the International Trade Center and the Shipping Center, this is a global joint force. Creating "Shenzhen+Hong Kong" high -level maritime disputes to solve high grounds and consolidate the foundation of talent. China (Shenzhen) Securities Arbitration Center, as the first securities arbitration agency in the country, has attracted market attention. Under the guidance of the China Securities Regulatory Commission and the Ministry of Justice, according to the decision of the Shenzhen Municipal Party Committee's comprehensive deepening of the Reform Commission, the center was jointly constructed by the Shenzhen State Zhong and the Shenzhen Stock Exchange, marking the innovation of China's capital market dispute settlement mechanism. pace. Vice Chairman of Shenzhen State and former chairman of the Hong Kong Securities Regulatory Commission Liang Dingbang, a senior barrister of Liang Dingbang, is full of confidence: "This will help the Shenzhen Stock Exchange to build a high -quality innovation capital center and a world -class exchange, and it is also conducive to the internationalization of China's capital market."

For a long time, a large number of classic cases such as Konka VS OCT and Changyuan Group VS Wall nuclear materials, which have been successfully handled by Shenzhen Kingdom, have been successfully handled in the capital market. The "lubricant" of the market. It is understood that in the first half of this year, 199 cases of China (Shenzhen) Securities Arbitration Center were applied to the capital market, involving the amount of disputes of more than 44 billion yuan, and the average dispute over the case was 220 million yuan.从英国留学归国的办案秘书朱梓琪称，该中心将面向资本市场提供“全领域”“全方位”和“全链条”服务，并将争取与香港共建跨境资本市场纠纷解决合作机制，共同Promote the internationalization of China's capital market.

China (Shenzhen) Intellectual Property Arbitration Center is also deeply rooted in market demand. Zhao Jie, the general manager of BYD Intellectual Property and the General Manager of the Legal Affairs Office, told reporters: "With the advent of the era of Chinese enterprises 'comprehensive' out of sea, intellectual property has become the main competitive weapon, and enterprises deal with overseas intellectual property disputes. The dispute innovation mechanism, more professional and fairly solve intellectual property disputes, allows our companies to be more assured of the world. "Because international arbitration has the characteristics of cross -border jurisdiction and cross -border execution ruling, Huawei, Chuanyin, OPPO, Huaxing Optoelectronics,, Huaxing Optoelectronics,, Huaxing Optoelectronics, Huaxing Optoelectronics, Huaxing Optoelectronics, Huaxing Optoelectronics, Huaxing Optical Electricity, Huaxing Optoelectronics, Huaxing Optoelectronics, Huaxing Optoelectronics, and Huaxing Optical Electricity, Huaxing Optoelectronics, and Huaxing Optoelectronics, Huaxing Optoelectronics, and Huaxing Optoelectronics. Many high -tech enterprises such as Lehman Optoelectronics have high hopes for arbitration protection of intellectual property rights. Professor Wu Handong, the convener of the expert guidance committee of the center, pointed out that as a city of global scientific and technological innovation, Shenzhen should take the lead in building a dispute over China Intellectual Property. Xie Xinyi, secretary of the centers, told reporters that as of now, the center has accepted a total of 230 cases of intellectual property rights, with a dispute over 899 million yuan, of which the total amount of controversy in foreign -related intellectual property arbitration cases is about 635 million yuan, involving 14 countries and regions Essence

"Sai" for the future

"International Investment Arbitration" is a little -known concept. However, if the Huawei Corporation complains about the Swedish government and the Ping An of the Belgian government, readers may not be unfamiliar. The number of foreign investors complained that the number of international investment arbitration cases in the host country is growing rapidly. Nevertheless, many Chinese "going global" companies are still unfamiliar with this, and my country's talents in this field are very scarce.

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