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2016 China Arbitration Weeks Lecture: “International Arbitration in Sweden”Was Held Successfully in RenMin University Law School.

One of series of lectures of the fourth China Arbitration Weeks International Commercial Arbitration, “International Arbitration in Sweden”, was held in Room 601, school on September 28, 2016. The speaker was Lady Annette Magnusson, the secretary general of SCC. The lecture was hosted by Pro. Zhao Xiuwen of school, and was remarked by Xing Xiusong, a lawyer and senior partner of Beijing Global Law Office. Pro. Han Liyu and Pro. Du Huanfang of school, HuoWei, a lawyer from Beijing Global Law Office, Xie Guowang, a lawyer and manger of Beijing Jingyue Law Office attended the lecture.

Pro. Zhao first introduced Ms. Annette Magnusson who had been the secretary general of SCC for as long as six years after she worked in two law offices. Then Pro. Zhao introduced the basic information of SCC which had been cooperating with Trade Arbitration Commissions of Chinese for some time, and which also playing a leading role in the aspect of making arbitration rules in the world.

Ms. Annette Magnusson introduced the development background, arbitration procedure and rules of SCC. The reason why parties choose international commercial arbitration is that it obeys international arbitration rules and it’s fair for two parties as a supporter of contracts execution. As a consequence, its recent twenty years’ rapid development contributed to that of international trade. Parties select SCC with many reasons, such as independence of arbitration, leading arbitration rules, history reasons, neutral national image, special designs of law system and so on. There is also a long history of cooperation between SCC and Chinese arbitration world. For the first time China invited foreign delegation to our country to introduce arbitration system and one person among the delegation invited was the first secretary general of SCC. At the same time, SCC was the only arbitration institution that China law permitted.

SCC has its own arbitration rules and the procedure must obey the rules. Parties agree on accepting arbitration, which means that the case will be allowed to be decided out of court, and that two parties would abide by the principle of privacy and the verdict of arbitral tribunal. If one case will be decided in SCC, the precondition is that there exists a valid compromise clause. Oral agreement may be fine if parties can prove it. Secondly, the case must have objective arbitrability. The arbitral tribunal generally consists of three arbitrators, including one selected by plaintiff, one by defendant and one by the secretariat. Parties can apply for avoidance of arbitrators. SCC will come on new rules that every tribunal will equip a secretary, but the details are still being worked. The arbitration tribunal starts to work after arbitration fees are paid. If there are any emergency circumstances before the tribunal is constituted, the system of emergency arbitrators applies. Emergency arbitrators must be in place within 24 hours. The tribunal could decide if it has jurisdiction to some case, and if either of parties isn’t satisfied with the decision of jurisdiction by the tribunal, they can prosecute to court, and the decision can also be the result of the appeal. Eligible cases can be combined for arbitration. According to arbitral clauses, arbitrators look for suitable laws. A normal case will end up around a year and the result is binding upon two parties. By now results have been well executed voluntarily by parties. Parties can’t reject to execute the results on the grounds of arbitrators avoidance, unless the reason is found within 15 days after the verdict is made.

Teachers and students attending the lecture expressed their ideas and made further communication around the questions about Chinese arbitration practice, arbitrators assigning, arbitral decision execution, controlling arbitral fees and so on. In the lecture, Ms. Annette Magnusson not only introduced the basic information and arbitration process but the new development of rules of SCC, which helped attendees open their view and think divergently. This is a rare academic feast.

(Editor: Sui Chuan)

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