近日,由英國Law Business Research Limited公司創辦并經營的世界領先的法律信息平臺及國際仲裁新聞的權威集散地《國際仲裁評論》(Global Arbitration Review,以下簡稱GAR)發布了《2013區域仲裁指南》(Guide To Regional Arbitration 2013)將北仲列為值得重點關注的對象(Ones to Watch )進行深入介紹和剖析。
GAR表示,有很多專業人士推崇北仲,認為北仲是中國本土具備國際水準的仲裁機構。同時肯定了北仲的專業性、競爭力和透明度。
北仲的專業性不僅體現在制度、規則的設計上,更體現在北仲仲裁員處理疑難復雜案件的能力和經驗上。而仲裁員隊伍的專業性有賴于北仲始終堅持對列入名冊的仲裁員進行強化培訓,對此GAR也表示了肯定。北仲對于仲裁程序公正性和透明性的追求,是體現在細節中的。指南特別提及在北仲的國際商事程序中,允許當事人在調解不成后更換參與調解的仲裁員,以保證案件裁決的公正性。GAR認為,這樣的規則設計對于跨國公司來說非常人性化。而正是這種人性化的設計和適用,保證了仲裁程序的公正和透明。
北仲的核心競爭力在軟硬件兩個方面都有所體現。在軟件方面,指南中指出,北仲已經具有處理國際案件的經驗和能力。在17年的發展過程中,北仲共處理過490余件涉外案件,近幾年更是每年受理30到50件國際案件,而總受理案件的數量在每年1500件左右。在積累如此多個案經驗的同時,北仲的仲裁程序并不會顯得冗長,而是力爭所有的爭議案件都在6個月之內解決。硬件方面,GAR認為,北仲有出色的秘書團隊,并通過先進的電子案件管理系統實現對案件信息的系統化管理;此外北仲的仲裁廳設備齊全,環境舒適,望向窗外可以盡覽北京CBD全景。
據了解,近年來隨著北仲國際影響力的日益提升,國際仲裁界對北仲的關注度日益增加。2009年《美國國際仲裁評論》(The American Review of International Arbitration)刊登了對北仲的長篇實證研究文章,全面剖析北仲為確保獨立、勝任與公正所采取的各種有力措施。2010年英國的《建設工程法律雜志》(Construction Law Journal)刊登文章,以北仲為例全面介紹機構仲裁的中國經驗。2011年《世界仲裁通訊》(World Arbitration Reporter)在第二版中增加一章,對北仲規則進行評介。2012年《國際仲裁評論》(GAR)還曾就北仲受理的一起爭議金額達幾十億人民幣的涉及中國公司與美國公司的仲裁案件進行專門報道。
附:《2013區域仲裁指南》對北仲的評價原文:
BAC – Beijing Arbitration Commission
Why’s it one to watch?
The BAC has many admirers. An article by the Economist Intelligence Unit described it as “the only local arbitration commission which meets global standards”. Anecdotal evidence in Hong Kong’s arbitration community supports this.
Gosh. What makes it so popular?
Professionalism, competence and transparency, according to one respected source (speaking at GAR Live Hong Kong). Its rules are friendly towards international companies, in that they allow the parties to change arbitrators mid-case should a Med-Arb process, which is often part of a foreign-related dispute, be unsuccessful.
Who gets credit for all that?
It’s run by Madame Wang Hongsong – “Madame Wang” to the local arbitration community – who’s occasionally described as “formidable”. The BAC also insists that all arbitrators joining its list go on an intensive training programme.
What does the future hold?
Most of China’s local arbitration commissions are expected to do well because of the “cloud” hanging over CIETAC (see below). The BAC, as the class of the field, should do better than most. It may be BAC’s big chance to shine.
Does it have much experience with international work?
Oh yes. It has handled around 490 foreign-related matters in its 17-year span. That equates to about 30 to 50 new international cases in recent times. It handles around 1,500 to 2,000 matters each year.
Are there any things to look out for?
As with any Chinese mainland arbitration, it won’t be as in-depth a process as some might want. The BAC aims to complete all matters within six months. On the upside, the staff are helpful, often fluent in English, and have the benefit of a really effective case-management system. And its hearing rooms also have a lovely view of Beijing. BAC – Beijing Arbitration Commission.
Why’s it one to watch?
The BAC has many admirers. An article by the Economist Intelligence Unit described it as “the only local arbitration commission which meets global standards”. Anecdotal evidence in Hong Kong’s arbitration community supports this.
Gosh. What makes it so popular?
Professionalism, competence and transparency, according to one respected source (speaking at GAR Live Hong Kong). Its rules are friendly towards international companies, in that they allow the parties to change arbitrators mid-case should a Med-Arb process, which is often part of a foreign-related dispute, be unsuccessful.
Who gets credit for all that?
It’s run by Madame Wang Hongsong – “Madame Wang” to the local arbitration community – who’s occasionally described as “formidable”. The BAC also insists that all arbitrators joining its list go on an intensive training programme.
What does the future hold?
Most of China’s local arbitration commissions are expected to do well because of the “cloud” hanging over CIETAC (see below). The BAC, as the class of the field, should do better than most. It may be BAC’s big chance to shine.
Does it have much experience with international work?
Oh yes. It has handled around 490 foreign-related matters in its 17-year span. That equates to about 30 to 50 new international cases in recent times. It handles around 1,500 to 2,000 matters each year.
Are there any things to look out for?
As with any Chinese mainland arbitration, it won’t be as in-depth a process as some might want. The BAC aims to complete all matters within six months. On the upside, the staff are helpful, often fluent in English, and have the benefit of a really effective case-management system. And its hearing rooms also have a lovely view of Beijing.
更多《2013區域仲裁指南》對其他知名仲裁機構的介紹,詳見相關鏈接:http://globalarbitrationreview.com/regional-arbitration/directory/4/article/31490/ones-watch-asia/。
