2023 HZAC Proposed Arbitrators Training Session was held online

2023/12/05 10:29:00

In order to better the arbitration team, enhance the quality and efficiency of arbitration service and the credibility of Hangzhou arbitration and help to build a market-oriented, law-based and internationalized first-class business environment, HZAC has released the Announcement on the Selection and Appointment of Arbitrators via the official website, official account and other platforms to publicly recruit arbitrators from around the world. More than 980 arbitration applications have been received.

After the qualification review, verification and deliberation, taking into account such factors as industry proportion, geographical distribution, and expertise, HZAC finally selected over 400 inter-disciplinary legal talents who are specialized in fields including finance, insurance, intellectual property rights, real estate, construction, shipping, aviation, and international trade, from both home and abroad as proposed arbitrators.

Recently, 2023 HZAC Proposed Arbitrators Training Session was held online for over 400 domestic proposed arbitrators. The training session included the basic introduction of HZAC, the interpretation and application of the HZAC Arbitration Rules (2020), arbitration trial, awards drafting, judicial review and professional ethics and disciplines of arbitrators, to enhance the proposed arbitrators' understanding and awareness of HZAC, build up the arbitrator team, regulate the performance of arbitrators, and promote professionalism of arbitration.

Niu Taisheng, Director of the Academic Committee of Zhejiang Law Society and Arbitrator of HZAC, Guan Miaoqing, Senior Judge of the Fourth Civil Division of Zhejiang High People's Court, Fang Shuangfu, Partner of Zhejiang T&C Law Firm and Arbitrator of HZAC, Tang Yufu, Associate Professor of School of Law of Zhejiang Gongshang University and Arbitrator of HZAC, Baoli and Li Xuanle, both Deputy Secretary Generals of HZAC, Wang Nuojie, Director of Case Management Division of HZAC and President of Hangzhou Arbitration Court of Internet, conducted lectures.

Introduction of hzac, codes for arbitrators and integrity risk prevention issues

Li Xuanle introduced the basic information of HZAC, including its history and evolution, organizational structure, team building and business development. She took several judicial cases as examples which referred to some arbitrators violated professional ethics. She also stressed that arbitrators shall observe the professional ethics of justice, integrity and civility.

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Interpretation and application of the HZAC Arbitration Rules (2020)

Wang Nuojie summarized the background of the HZAC Arbitration Rules (2020), request for arbitration and acceptance, valadity of arbitration agreement, constitution of arbitral tribunal, hearing, arbitrators, fake arbitration and scrutiny of the award.

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Tang Yufu focused on the evidence, elaborating on credibility of evidence and probative value, statutory evidences, evidence acquisition modes, burden of proof, evidence submission and examination, as well as evidence review and judgment.

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Bao Li introduced the arbitral procedures including property preservation, jurisdictional challenge, challenge of arbitrators, amendments to the claim and counterclaim, and delivery.

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How to be a good presiding arbitrator and practice of arbitration hearing

Niu Taisheng emphasized the need to know domestic arbitration system and the work of presiding arbitrators from the perspective of modernization of national governance. He highlighted the essentials of presiding arbitrators in handling cases from the dimensions of TI (惕), ZHONG (中), JI (吉). Niu pointed out that arbitrators shall build up well-integrated expertise encompassing legal theories, specialized knowledge of key fields, and real situations of economy and society.

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How to manage arbitral procedures and draft awards

Fang Shuangfu analyzed the requirements of arbitral award drafting, reviewing and signature, as well as the challenges in drafting awards. He also pointed out that drafting awards shall be prescriptive, complete, well founded and reasonable.

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Judicial review of Arbitration

Miao Qing introduced the background, scope and legal basis of judicial review of arbitration. He elaborated some issues in judicial review provided in Article 58 of the PRC Arbitration Law.

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The proposed arbitrators participating in the training session held that such a training session was of theoretical depth and practical value, and the courses were of strong guidance, pertinence, and operability. They unanimously expressed their strong sense of responsibility in improving the ability to handle cases, adhering to professional ethics and making just and fair awards.