近日,由英国Law Business Research Limited公司创办并经营的世界领先的法律信息平台及国际仲裁新闻的权威集散地《国际仲裁评论》(Global Arbitration Review,以下简称GAR)发布了《2013区域仲裁指南》(Guide To Regional Arbitration 2013)将北仲列为值得重点关注的对象(Ones to Watch )进行深入介绍和剖析。
GAR表示,有很多专业人士推崇北仲,认为北仲是中国本土具备国际水准的仲裁机构。同时肯定了北仲的专业性、竞争力和透明度。
北仲的专业性不仅体现在制度、规则的设计上,更体现在北仲仲裁员处理疑难复杂案件的能力和经验上。而仲裁员队伍的专业性有赖于北仲始终坚持对列入名册的仲裁员进行强化培训,对此GAR也表示了肯定。北仲对于仲裁程序公正性和透明性的追求,是体现在细节中的。指南特别提及在北仲的国际商事程序中,允许当事人在调解不成后更换参与调解的仲裁员,以保证案件裁决的公正性。GAR认为,这样的规则设计对于跨国公司来说非常人性化。而正是这种人性化的设计和适用,保证了仲裁程序的公正和透明。
北仲的核心竞争力在软硬件两个方面都有所体现。在软件方面,指南中指出,北仲已经具有处理国际案件的经验和能力。在17年的发展过程中,北仲共处理过490余件涉外案件,近几年更是每年受理30到50件国际案件,而总受理案件的数量在每年1500件左右。在积累如此多个案经验的同时,北仲的仲裁程序并不会显得冗长,而是力争所有的争议案件都在6个月之内解决。硬件方面,GAR认为,北仲有出色的秘书团队,并通过先进的电子案件管理系统实现对案件信息的系统化管理;此外北仲的仲裁厅设备齐全,环境舒适,望向窗外可以尽览北京CBD全景。
据了解,近年来随着北仲国际影响力的日益提升,国际仲裁界对北仲的关注度日益增加。2009年《美国国际仲裁评论》(The American Review of International Arbitration)刊登了对北仲的长篇实证研究文章,全面剖析北仲为确保独立、胜任与公正所采取的各种有力措施。2010年英国的《建设工程法律杂志》(Construction Law Journal)刊登文章,以北仲为例全面介绍机构仲裁的中国经验。2011年《世界仲裁通讯》(World Arbitration Reporter)在第二版中增加一章,对北仲规则进行评介。2012年《国际仲裁评论》(GAR)还曾就北仲受理的一起争议金额达几十亿人民币的涉及中国公司与美国公司的仲裁案件进行专门报道。
附:《2013区域仲裁指南》对北仲的评价原文:
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区域仲裁指南》对其他知名仲裁机构的介绍,详见相关链接:http://globalarbitrationreview.com/regional-arbitration/directory/4/article/31490/ones-watch-asia/。