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" arbitration credibility refers to the public's trust in arbitration and is the vitality of the development of arbitration. Improving the credibility of arbitration is the main task facing the development of my country's arbitration industry at present. "On October 25, at the event site of the Yangtze River Delta Shipping Development and Maritime Security Arbitration Series Salon, Sun Haihua, deputy director of the Shanghai Arbitration Commission, said.
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In the afternoon of the same day, the second session of the Yangtze River Delta Shipping Development and Maritime Security Arbitration Series Salon, guided by the Office of the Shanghai Combined Port Management Committee and hosted by China Transportation Newspaper and Shanghai International Shipping Arbitration Institute, was held in Hangzhou. More than 40 representatives from industry authorities, maritime institutions, port and shipping companies, legal arbitration and related industry associations from the Yangtze River Delta region gathered together to provide suggestions for the resolution of shipping disputes and the high-quality development of maritime arbitration through multi-dimensional exchanges between maritime, judicial, arbitration and shipping companies, and explore how to further enhance the credibility of arbitration and empower the high-quality development of the shipping industry.
develops maritime arbitration in Zhejiang at the time of the time
0 shipping industry is a capital, technology, management, and risk-intensive industry. Its development faces various risks and challenges such as world economic cycle fluctuations, changes in international trade, and financial environment impacts. It is inevitable to face various disputes. "At present, China is participating in global marine economic governance with an unprecedented open attitude, injecting strong impetus into the development of world shipping. With the advancement of my country's arbitration system reform, more convenient and efficient maritime arbitration services have become a priority for more and more domestic shipping companies to resolve economic disputes." He Yipei, Secretary of the Party Group and Director of Zhejiang Maritime Bureau, said.
The Yangtze River Delta region has a world-class port group and is also a gathering place for maritime related industries. Maritime trade and transportation and related maritime activities are very active. Zhejiang is a well-deserved maritime province with unique port and shipping resources. "There are a lot of ship owners in Zhejiang Province, and more than 500 registered domestically." Ying Nengjie, president of the Zhejiang Ship Owners Association, said that the process of Zhejiang ship owners' internationalization cannot be separated from the guarantee of arbitration. Developing maritime arbitration in Zhejiang and better empowering the shipping industry is of great significance and timely timely.
At present, maritime legal services in Zhejiang Province are still in its infancy. Although there are 4 institutions engaged in maritime legal services, their business is mainly maritime cases in their jurisdiction, and they undertake less international maritime case trial business. According to Xia Bingrong, a first-level inspector of the Zhejiang Provincial Department of Transportation, last year, Zhejiang Province issued the "Zhejiang Province's Overall Plan for Accelerating the Development of Modern Shipping Services Industry", one of the important tasks is to develop maritime legal arbitration services. The purpose is to focus on improving the facilitation of maritime litigation, improve the mechanism for maritime dispute resolution, explore international maritime arbitration business cooperation, and then accelerate the filling of the shortcomings in the development of Zhejiang's high-end shipping service industry.
Credibility construction is the main task of arbitration development
"'Small matters do not leave the village, big matters do not leave the town, and conflicts do not submit''The Fengqiao Experience is a grassroots social governance mechanism with Chinese characteristics . Arbitration is a vivid manifestation of the autonomous rule of law and moral governance that meets the needs of the development of the shipping industry." The International Maritime Goodwill Ambassador of the International Maritime Organization and former Vice Minister of the Ministry of Transport Xu Zuyuan said that arbitration is an important way to resolve disputes, an important driving force for promoting the development of shipping, and an important choice to create a legal business environment.
Although arbitration is of great significance to properly resolve disputes, maintain social stability, and promote the sustainable and healthy development of the shipping industry, the situation in my country's shipping development practice is not satisfactory. It is understood that more than 80% of maritime arbitration cases around the world are accepted in London, England, followed by Singapore and Hong Kong, my country. There are very few cases that choose to conduct maritime arbitration in mainland my country. One of the important reasons is that many companies, especially small and medium-sized shipping companies, have neither understanding nor trust in arbitration.
"Arbitration is still unfamiliar to many of our small and medium-sized boat owners. We feel that the arbitrators are not full-time jobs like the judges of the Maritime Court , but are temporarily convened during arbitration, and are more like 'temporary workers', which makes us worried about the fairness of the arbitration results.In addition, arbitration implements a one-stop final system. If the result is not satisfactory, there is no way to appeal, so it is not daring to choose arbitration easily. "Chen Shicong, vice president of Taizhou Shipowners Association and general manager of Xinglongzhou Shipowners Group Co., Ltd., expressed the voices of many shipowners.
In the view of Xu Leyou, vice president of the Maritime Law Research Association of Zhejiang Law Society and managing partner of Beijing Deheheng (Hangzhou) Law Firm, the shipowner's concern is because of his lack of understanding of the characteristics of arbitration. In fact, arbitration can fully guarantee and reflect the parties' autonomy of . The arbitration clause can be agreed upon by the parties themselves. arbitration institution and the arbitration tribunal will fully respect the freedom of contract and transaction practices when accepting and hearing arbitration cases. In a relaxed and peaceful arbitration environment, The arbitration tribunal is easier to encourage both parties to resolve disputes through consensus and achieve a win-win result.
former director of the Shanghai Port Management Committee Office and former director of the Shanghai Maritime Bureau , Xu Guoyi believes that the " Arbitration Law " stipulates that the parties voluntarily select arbitrators, and the parties should trust the arbitration results made by the selected arbitrators. "The credibility of arbitration is the vitality and development power of arbitration. It should be said that arbitration is a good way to adapt to modern civilization to resolve disputes. Market entities should be guided to form an atmosphere of respecting arbitration, recognizing arbitration, and choosing arbitration, and creating a good arbitration culture. "
" The concerns of shipowners reflect to a certain extent that our arbitration has a long way to go. As an arbitration institution, we will further strengthen the construction of arbitration transparency, strictly implement the arbitrator information disclosure and avoidance system, establish standardized and transparent arbitrator designation work rules, and ensure fairness and justice of the rulings. "Sun Haihua said.
Multiple parties work together to cultivate arbitration culture
"Arbitration is a shortcoming that needs to be filled in the process of my country's shipping and maritime development. "Xu Zuyuan said that shipping development requires internationally-used dispute handling methods, and hopes that relevant parties will actively participate in the development of arbitration, and the government's competent authorities, market entities, and social groups will communicate fully and work together to improve the credibility and recognition of arbitration, and develop the invisible fertile land of arbitration.
Of course, the construction of arbitration credibility requires the active participation of the entire arbitration community, the coordinated improvement of the system, and the simultaneous promotion of international credibility construction. In this regard, Xu Zuyuan put forward six suggestions: First, government departments should take the lead in respecting the independence of arbitration institutions and the legal effect of arbitration award; second, enterprises should enhance their trust in arbitration institutions, choose to resolve disputes through arbitration methods, and agree to resolve disputes in arbitration when signing the contract; third, relevant departments Including the media should increase publicity on arbitration and create a good atmosphere conducive to the development of the arbitration cause; Fourth, community organizations should guide member units to actively participate in the relevant work of arbitration and find appropriate dispute resolution plans; Fifth, they hope to establish a relatively stable communication platform in the Yangtze River Delta region, and expand to developed ports and shipping industries in a timely manner, such as the southeast coast, the Pearl River Delta, and the Yangtze River route; Sixth, gradually improve and perfect the legal system, appraisal qualifications, and standardized management of arbitration institutions, and orderly promote the modernization of maritime arbitration in my country.
"Arbitration is like a high-level version of negotiated resolution, which is a solution chosen by both parties voluntarily. There is a professional "old uncle" mediation, and it is also a kind of guidance for judicial resources. "Through this salon, Xu Tao, chairman of Zhejiang Special Service Satellite Navigation Technology Co., Ltd., felt that he had a deeper understanding of arbitration.
General Manager of Shenzhen Haiweitong Network Technology Co., Ltd., Zhao Zhong, said that he understood the voluntary, independent, neutral, confidential and efficient characteristics of arbitration, and in the future, he would try to resolve disputes through arbitration when encountering disputes.
Xu Leyou also suggested that he hopes to use the series of salons for shipping development and maritime safety arbitration in the Yangtze River Delta to promote the construction of a maritime professional community, continuously expand the participation in maritime arbitration in all links in the shipping chain, and help the Yangtze River Delta jointly build a shipping hub that radiates the world.
Author丨Reporter Li Siying
Editing丨Liao Qian
Review丨Wu Nan
Producer丨Chen Lin
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