Beijing Arbitration Commission

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[edit] General Information

  • Official name: Beijing Arbitration Commission
  • Country: China
  • City: Beijing
  • Type of organization: non-profit organization
  • Date of creation: 1995
  • Interests: Arbitration - Mediation
  • Fields of expertise: All types of Disputes

[edit] Description

[edit] Origin

The BAC was founded on September 28, 1995 following the passage of the Arbitration Law of the People’s Republic of China. The Commission is run by a standing committee of twelve (“Committee”), including a Chairman (currently Prof. Jiang Ping), four vice-Chairman, and seven committeemen. Below the Committee, is the Office (“Office”), which deals with day-to-day operations and is headed by the Secretary-General, Madam Wang Hongsong and a staff of over twenty managing secretaries. The Office is capable of providing state-of-the-art technological services for arbitrations, thus ensuring effective and better case-handling.

The Beijing Arbitration Commission (“BAC”) is a not-for-profit permanent organization devoted to the providing of a forum for impartial and efficient Alternative Dispute Resolution including arbitration and mediation.

[edit] Judgment by Experts

The so-called “Judgment by Experts” means that cases are judged by experts or authorities in particular field. The arbitration is a dispute settlement system for the concerned parties’ disputes judged by an impartial and independent third-person as a middleman. The “third person” judging the disputes shall be a professional with good legal education while involving in the sector, and thus the arbitration quality and the fairness and reasonability of judgment are guaranteed.

[edit] First Award Being Final

In Article 9 in Law of Arbitration of the People’s Republic of China, it states that “the arbitration is put into practice in compliance with the system of First Award Being Final. After the award is made, if the concerned parties make additional application or appeal to the people’s court against a same dispute, the arbitration commission or the People’s Court will not accept and hear the case. If the award is cancelled or beyond the implementation subject to the adjudication by the People’s Court in accordance with the laws, the concerned parties may apply for the arbitration regarding the dispute in accordance with the arbitration agreement reached by both parties for the second time, and they may also appeal to the People’s Court. “

China’s arbitration system integrates with the international systems, i.e. the arbitration award shall be final and binding. Once the arbitration award is made, it will be respected and protected by the law, avoiding lengthy litigation exhaustion.

[edit] Autonomy of Will

The so-called Autonomy of Will means that the concerned party’s will is autonomic and such spirit is presented in whole arbitration procedures.

  • The concerned parties may choose whether the arbitration is to be conducted and what disputes are to be submitted for arbitration;
  • The concerned parties may choose the arbitration institution, arbitration location, and applicable arbitration laws and rules;
  • The concerned parties may choose the arbitrator;
  • The concerned parties may choose how to conduct the arbitration procedure;
  • The concerned parties may choose whether to terminate the arbitration procedure.

[edit] Hearing in Private Session

In Article 40 of the Law of Arbitration of the People’s Republic of China, it states that “the arbitration is hearing in private session. For the arbitration subject to public conduction in accordance with the agreement by the concerned parties, it may be conducted publically but that involving state secretes is excluded.”

Acknowledgement and Enforcement Guarantee in An International Scope Arbitration awards are universally acknowledged and enforced by the courts of the member countries of the New York Convention.

[edit] Contact

16/F, Zhaoshang Building No.118 Jianguo Road Chaoyang District, Beijing 100022 - China

Phone: (8610) 6566 9856

Fax: (8610) 6566 8078

Email: bjac@bjac.org.cn

Official Website

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