China Haizhong released the 2021 edition of the arbitration rules eight aspects of the first breakthrough release time: 2021-11-1617: 56 Tuesday Source: China Development Network First, "2021 Rules" responded to the deep changes caused by the new crown pneumonia epidemic to international arbitration, The wide application of information technology in routine arbitration, the first time the combination and innovation of electronic technology and arbitration has been systematically regulated.
The rules clearly specifies the content of electronic delivery, video opening, electronic signature, network security, privacy, and data security, and provide security for arbitral procedural security compliance.
Second, the first increase in the way to serve the ship’s manager as an arbitral document delivery, and further enrich the special needs of the delivery of maritime arbitration practices.
Third, the first clear arbitral tribunal can take the necessary measures to avoid conflicts arising from the changes of the parties, including all or part of the newly appointed agents to participate in the arbitration procedure to ensure the fairness of the proceeds. Fourth, the "2021 Rules" first provoked the rules of evidence, filling the "Arbitration Law" and the blank of the judicial explanation. The principles of evidence rules have increased the principle of evidence, improve the witnesses and testimony systems, quality, and questioning procedures, which helps arbitral tribunal correctly identify the facts of the case, guarantee the legitimate rights and interests of the parties, and promote the success of the arbitration procedures.
Fifth, first distinguish between the role of the case and the secretary of the arbitral tribunal, improve the transparency of the arbitration procedure. Clarify the scope of the two characteristics, prevent conflicts of interest, which helps further implement organism management and organic combination of independent decisions of arbitral tribunal.
Sixth, the first time clarified the nature of expert advice and its relationship with arbitral tribunal, publicly transparent, to give full play to the advantages of my country’s institutional arbitration, and improve arbitration credibility. The "2021 Rules" is incorporated into the practical in the expert advisory committee system confirmed by the "two comments". Clearly stipulate that the advice of the Expert Advisory Committee provides a reference to the arbitral tribunal, increasing the transparency of the procedure, and effectively responding to the industry.
Seventh, the first time the conditions for the announcement of the arbitral award. Article 58 (10) of "2021 Rules" Regulations on the consent of the party, the Arbitration Commission’s Arbitration Department can decipherse the parties and other identifiable information after the ruling, and publicly issued a ruling.
"Further improved arbitration transparency. Eighth, introduce the responsibility restriction clause.
Article 84 of the 2021 Rules refers to the provisions of the US Arbitrator Association ICDR and the advanced practice of international arbitration rules such as international arbitration institutions such as ICC. The Arbitration Commission and its staff, arbitrators, arbitral tribunals unless the law of the arbitration Secretary, and the experts designated by the arbitral tribunal, not to take responsibility to the parties in relation to arbitration.
"Make arbitration institutions and arbitrators can participate in the arbitration procedures without scruples. In addition, the" 2021 Arbitration Rules "also increased the arbitration fee form consisting of institutional management fees and arbitrator remuneration, allowing the parties to choose applicable to better agree Meet the needs of the parties and stimulate the arbitration vitality.
According to reports, the "2021 Arbitration Rules" is both large to respect the meaning of party autonomy and preventing the right to abuse, guaranteeing the quality of arbitration, and makes a major revision on the posting procedures, and the parties can selection arbitrators outside the Major Committee. At the same time, the chief arbitrator and the alleged arbitrator should be produced from the arbitrator ‘s roster; stipulate that the parties cannot designate the chief arbitrator, and the two arbitrators selected by both parties are designated, and they cannot be specified within the time limit. The Director of the Arbitration Commission is designated. In order to optimize the arbitration resources, improve the performance, the "2021 Arbitration Rules" adopts the express procedures in international arbitration, and the "simple" program is changed to the "fast" program; at the same time, the controversy amount of the fast program is limited to 2 million yuan to RMB. 5 million yuan. The revision of this seazhong rule reflects the experience summary of the continuous exploration of diversified legal services in the "One Belt" Strategy in recent years.
On the basis of the original, China Haizhong will take a set of further respect for the meaning of autonomy, convenient parties, improve procedures, and more secure independence, and the internationally launched arbitration rules to solve the enterprise in a more professional, efficient and economical way. Controversy in the process of "walking out", earnestly protecting the legitimate rights and interests of enterprises.
Li Hu said that China Haizhong Rules revised a new breakthrough, and the new breakthrough will will bring new development. China Haizhong will continue to provide high-quality and efficient arbitration services for the Chinese and foreign Maritime Commercial community, unity and unity at home and abroad, and promote the healthy development of my country ‘s arbitration and the international arbitration.
Responsible Editor: Buy Garden Park.