CMAC HONG KONG ARBITRATION CENTER Dr. Wang Wenying Secretary General of CMAC HKAC
CMAC 21st November 1958 82nd Plenary Session of the State Council adopted a resolution to create Maritime Arbitration Commission with CCPIT 22nd January 1959 CMAC was officially established. It was PRC s first maritime arbitration institution 7th January 2003 CMAC Shanghai Sub-commission was established; Later followed by Sub- Commissions of Tianjin and Southwest. CMAC also has offices in cities of Dalian, Guangzhou, Tianjin, Ningbo and Qingdao 19th November 2014 CMAC Hong Kong Arbitration Center was established.
CMAC S CONTRIBUTION PRC Maritime Law - CMAC delegates attended meetings for making the law 6 revisions made for arbitration rules - current edition (1 st Jan 2015) is the 6th revision edition Caseload - more than 1500 maritime related cases - in 2008, more than 50 cases for the first time; and in 2014, more than 100 cases were accepted
CMAC S JURISDICTION CMAC accepts the following categories of cases based on parties agreements: disputes over charter party, freight forwarding, bill of lading, logistics, ship leasing and financing, ship-building, ship-repairing, ship s collision, salvage at sea, crew labor contracts, multitransport contracts and fishery disputes. The jurisdictions represented in CMAC arbitration are also diversified. In the past a few years, parties to CMAC arbitration came from 27 countries and regions, including the UK, the US, Canada, Japan, Singapore, Spain, Germany, Greece and Hong Kong, etc.
CMAC HKAC 1st overseas branch of CMAC and adopts the existing CMAC arbitration rules administers cases whose arbitration agreements say arbitration in CMAC Hong Kong Arbitration Center or arbitration in CMAC in Hong Kong the place of arbitration is HK Hong Kong arbitration related laws apply
Hong Kong arbitration law applies, therefore: - doctrine of competence-competence: an arbitral tribunal under CMAC HKAC can rule on its jurisdiction - interim measures: an arbitral tribunal can grant IMs - emergency arbitrator procedures
CMAC HKAC S JURISDICTION Agreed that arbitration Go to I by/in CMAC CMAC Headquarters II by/in CMAC HKAC CMAC HKAC III by CMAC in HK CMAC HKAC CMAC HKAC cannot administer cases which are 100 percent domestic of Mainland China in nature.
CMAC ARBITRATORS (2014 Version) Number of Arbitrators 279 the Mainland 216 HK, Macau, and Taiwan international and theyare: Open panel 26 (HK-20, Macau-1, Taiwan-5) 39 (UK-17, Singapore-5, Denmark-2, Australia-2, Belgium, Brazil, Canada, Chile, Germany, France, Italy, Malaysia, New Zealand, Turkey, SouthAfrica, Spain, and Switzerland-1) Shipping industry experts, lawyers, retired judges,and professors, etc. for cases administered by CMAC HKAC
APPOINTMENT In principle, parties autonomy in choosing arbitrator. Panel is for recommendation purpose in cases administered by CMAC HKAC. Chairman of CMAC usually appoint an arbitrator in the Panel on behalf of the parties if they cannot agree on nominating one by themselves.
ARBITRATOR S FEE In principle: For cases administered by CMAC HKAC after Rules 2015 is effective: default setting: fixed by CMAC according to the amount in dispute, separate from institution administrative fee alternative: hourly charge - co-arbitrator: agreement made with the appointing party - sole/presiding arbitrator: agreement made with both parties - otherwise: determined by CMAC Emergency Arbitrator: a fixed fee set by CMAC
EMERGENCY ARBITRTOR In principle: EA procedures are incorporated in the general chapter CMAC Arbitration Rules 2015 edition. In practice: EA procedure will primarily be used in CMAC HKAC administered cases, given the privilege out of HK Arbitration Ordinance.
WHAT WE ARE PLANNING TO DO CMAC HKAC terms for ad hoc arbitration arbitration in Hong Kong sole arbitrator, unless otherwise agreed by parties appointment made with the assistance of CMAC HKAC appreciation of document-only CMAC HKAC can provide secretary service to arbitral tribunal CMAC HKAC can provide hearing facilities
Thank you!