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Using Shields as Weapons:Third-Party Funding Assisting China-Related arbitration under Belt and Road Investment

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Frontiers of Law in China-Selected Publications from Chinese Universities 2019年第2期14卷 274-303页

作者：侯鹏 School of International Law China University of Political Science and LawBeijing 100088China School of Law Boston UniversityBostonMA 02215USA Washington College of Law American UniversityWashingtonDC 20016USA

In the summer of 2017,Hong Kong became the first jurisdiction in China to codify formal financing arbitration and to make it clear that third-party funders with no legitimate interest in the disputes could be allowed to inject capital to support funded parties in arbitration cases.With the latest Code of Practice coming into effect in the spring 2019,Hong Kong is ready to guide the funders in detail on delivering investments into the arbitral procedures in the harbor seat.By examining these legislative processes in Hong Kong,it can be proved that financing arbitration will enable enterprises to dispose of their disputes with easier access to justice,promote the quality and efficiency of dispute resolution,and improve the welfare of society as a whole.Therefore,it is justifiable to adopt third-party funding in China-related arbitration to promote the Chinese mainland's arbitration practices and support the international proceedings involving Chinese parties,particularly the international ones arising from investments related to the Belt and Road Initiative.

关键词： third-party funding(TPF) China-related arbitration outward investment

Determining the Validity of Ad Hoc arbitration Agreements in China:Past, Present, and Future

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Frontiers of Law in China-Selected Publications from Chinese Universities 2019年第1期14卷 115-140页

作者：刘璐齐琪 School of Law University of International Business and EconomicsBeijing 100029China

This paper explores the law in China determining the validity of ad hoc arbitration agreements.It first points out the particularity of China's attitude toward ad hoc arbitration through a textual analysis of key provisions in Chinese laws and the comparison between Chinese law and the law of other jurisdictions.The authors then adopt an empirical approach to analyze Chinese courts' practice in the application of Chinese arbitration laws and conclude that,despite the clear wording employed by the Chinese arbitration Law,Chinese courts could use two ways to save the ad hoc arbitration agreements without disobeying the statutory law.The paper then moves to analyze the Opinion of Supreme People's Court on Providing Judicial Guarantee for the Construction of Free Trade Pilot Zone (hereinafter referred to as "SPC Opinion") issued in December 2016,which is viewed as a tipping point toward a supporting regime of ad hoc arbitration.By implementing this SPC Opinion,for the first time,China regionally embraces ad hoc arbitration.On the basis of the analysis of this new development,the authors suggest possible facilitations to the SPC Opinion and predict the future reform of ad hoc arbitration.

关键词： ad hoc arbitration arbitration agreement Chinese arbitration Law

arbitration in Maritime Disputes

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Journal of Shipping and Ocean Engineering 2016年第4期6卷 206-211页

作者： Ahmed Dawood Lecturer in Arab Academy for Science & Technology and Maritime Transportation Alexandria 21532 Egypt

Prevailing maritime relations in the present era resort to arbitration to resolve arising disputes where parties of these relations should agree on the solution to the current or future conflicts arising from them to a specialist arbitrators of their choice known for their competence and experience in the maritime field to adjudicate the provisions of the arbitration binding. Maritime arbitration grew since the time of the Romans, and spread to the Middle Ages as a simple, flexible and specialized system to resolve maritime disputes, but it gained popularity in the present era as a result of booming international trade and commerce between different countries where this trade found that shipping is the best way among different means of transportation for its low costs and the large volume of cargo transported by it. Marine disputes submitted for arbitration are many and varied, some of which comes from the contract between the stakeholders and others arising from maritime accidents, and examples of the first group is the shipbuilding, repair, sold, leased and insured contracts, the transport of goods or people contracts, marine sales contracts as well as the diameter of maritime contracts. The second group is maritime collision, Assistance and Rescue and the settlement of joint naval losses. London and New York are considered of the most cities in the world that embrace this type of arbitration followed by Paris and Tokyo. In London alone there are more than four hundred nautical arbitration rulings in each year.

关键词： arbitration maritime disputes conflicts trade shipping salvage accidents

Chinese Courts’ Approach to Non-signatory Issues in arbitration:A Case Study

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仲裁研究 2019年第2期 76-91页

作者：傅攀峰中国社会科学院国际法研究所

This paper focuses on Chinese courts’approach toward non-signatory issues through a detailed description of 5 cases of representative value.The conclusions are threefold.First,nonsignatories cannot be brought into arbitration proceedings without their consent.And it seems that the consent also needs to be explicit.Second,when an arbitral award has to be annulled by reason of the non-signatory pro blem s,Chinese courts would examine whether the award can be divided into different parts and if so, whether the parts that have nothin g to do with the non-signatories can be maintained and enforced.Third,when non-signatory issues arise in an arbitration implicating a local Chinese government,it seems that Chinese courts would,as in ordinary cases involving nonsignatories,examine the case by employing the indispensable tool,namely the'consent',and would not annul the award just because the case im plicates a local government which intends to have the award annulled.

关键词： arbitration Agreement Non-signatory party Case Analysis Chinese Court

Dissenting Opinions in International Commercial arbitration

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武汉仲裁 2013年第1期10卷 73-86页

作者： Min Liu Wuhan arbitration Commission

Disenting opiniom have controversial roles in international commercial arbitrations. Legal professions from different legal systems have their respective philosophies and attitudes to the roles of dissenting opinions. With the development of global economy, almost all major intemadonal arbitration institutions have made great attempts to reconcile the different philosophies in order to create a disputes-resolving mechanism for the participants of international commercial activities.

关键词： International commercial arbitration Dissenting opinions

The Hong Kong arbitration Draft Bill : The Way Forward?

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武汉仲裁 2008年第1期3卷 85-93页

作者： Samuel C.C.Wong FCIArb FHKIArb Barrister-at-Law

The Hong Kong arbitration Draft Bill will be released very soon and a period of consultation will begin. This paper seeks to increase awareness about the Draft Bill and to stimulate discussion on the key issues it raises. Firstly, it will give a brief account of the existing arbitration Ordinance and discuss why it needs to be amended. Secondly, it will outline some of the main features of the Draft Bill. Finally, it will discuss some of the main issues surrounding the bill^whether the bill as drafted is user-friendly;whether a unitary UNCITRAL regime should be adopted with the distinction between domestic and international arbitration eliminated;whether there should be a right of appeal in domestic arbitrations.

关键词： Hong Kong arbitration Draft Bill

Investment arbitration between Chinese Investors and Their Host Countries in Africa:A More Transparent Future?

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武汉仲裁 2016年第1期 154-169页

作者： LI Ke University of Macao

As one of the mainstream dispute resolutions,arbitration is broadly used in settling Investor-State disputes for its unique advantages compared with other mechanisms.In the past,investment treaty arbitration was in thrall to the confidentiality principle of commercial arbitration:neither the submission nor the award of arbitration can be disclosed to the public.This paper attempts to show how the wind blows today.Adoption of the UNCITRAL Transparency rules promotes transparency in investment treaty arbitration,and brings both opportunity and challenge to China as well.Whether China shall support transparency in investment treaty arbitration?It is not an easy question to answer given the duplex roles of China as both source and recipient of FDI today.It is more complex when disputes arise between China and its biggest partner:Africa.This paper starts by reviewing the development of commercial cooperation between China and Africa and the possible ways of settling investment disputes in the continent.It is found out that arbitration is a more appropriate mechanism for Chinese investors to resolve their investment disputes in Africa.This paper then illustrates the increasingly transparency in investment treaty arbitration and discusses how much transparency China shall accept in investment treaty arbitration and whether China shall advocate transparency of arbitration in Sino-Africa BITs.In conclusion,it is suggested that China shall take a cautious attitude towards transparency trend in investment treaty arbitration,as it is not ready for accepting a high-level transparency in investment treaty arbitration.

关键词： International investment law investment treaty arbitration transparency China-Africa investment relations

Comparing Chinese Mainland arbitration Law with Taiwan’s and Drawing Lessons from it

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武汉仲裁 2008年第2期4卷 57-64页

作者： Ma Decai Private International Law Jiangxi University of Economics and Finance

Both Chinese mainland arbitration law and Taiwan arbitration law were formulated under the background that arbitration laws of other countries and regions had been rather developed,and both have the characteristics of internationalization and liberalization,but in contrast with Taiwan arbitration law,Chinese mainland arbitration law is of lower internationalization and liberalization.Comparing the two laws,lessons can be drawn from each other,and joint development can be achieved.

关键词： arbitration Law Comparison Drawing Lessons

对The Permanent Court of arbitration汉译的思考——兼论“以名举实”之译法

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中国翻译 2016年第5期37卷 100-103页

作者：张顺生上海理工大学

在翻译专有名词的过程中,有时存在着部分翻译内容有悖于翻译标准的现象。这一现象应予以纠正,从整体上实现专有名词的翻译逐步走向"以名举实"和逻辑自洽。通过解析the Permanent court of arbitration的身份,说明英译汉宜"以名举实",重... 详细信息

在翻译专有名词的过程中,有时存在着部分翻译内容有悖于翻译标准的现象。这一现象应予以纠正,从整体上实现专有名词的翻译逐步走向"以名举实"和逻辑自洽。通过解析the Permanent court of arbitration的身份,说明英译汉宜"以名举实",重新。约定俗成",译为"常设仲裁机构"或"常设仲裁理事会",而译为"常设仲裁法庭"、"常设仲裁庭"或"常设仲裁法院"容易导致严重后果。"以名举实"的译法宜广泛地应用于法律、政府和服务行业等机构名称的翻译中。

关键词： “以名举实” 专有名词 the Permanent Court of arbitration 翻译解析 “再约定”