Recently, legislative proposals submitted by Attorney Hong Xiaoli (Managing Partner) and Attorney Su Ziqing (Executive Partner) of Sunway Law Firm (Shanghai) regarding specific provisions of both:
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Shanghai Regulations on Promoting International Trade Center Construction (Revised Draft)
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Shanghai Regulations on Promoting International Commercial Arbitration Center Construction (Draft)
have been formally adopted by the Standing Committee of the Shanghai Municipal People's Congress.
In recognition of this contribution, the Standing Committee of Minhang District People's Congress presented both attorneys with Certificates of Legislative Adoption in January 2024.
To support the implementation of Shanghai’s 14th Five-Year Plan for building an international financial center, carry out the central government’s strategic decisions, and advance the development of both an international commercial arbitration center and an international trade center, the Standing Committee of the Shanghai Municipal People’s Congress publicly solicited legislative opinions on:
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The Shanghai Regulations on Promoting the Construction of an International Commercial Arbitration Center (Draft) (September 26, 2023)
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The Shanghai Regulations on Promoting the Construction of an International Trade Center (Revised Draft) (November 24, 2023)
During the public consultation period, Attorneys Hong Xiaoli and Su Ziqing of Sunway Law Firm (Shanghai), serving as expert advisors to the Legislative Outreach Unit (Xinhong Sub-district Working Committee) under the Minhang District People’s Congress, actively submitted legislative proposals and participated in working meetings organized by the unit.
At these meetings, Attorneys Hong and Su engaged in in-depth discussions with attendees regarding their proposals. Following deliberations, their recommendations on:
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Article 4 of the International Trade Center Regulations (Revised Draft)
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Article 22 of the International Commercial Arbitration Center Regulations (Draft)
were partially adopted by the Shanghai Municipal People’s Congress Standing Committee.
Article 4 of the "Shanghai Regulations on Promoting the Construction of an International Trade Center (Revised Draft)"
"The municipal commerce department shall establish a cross-departmental collaboration mechanism with the following responsibilities:(1) Formulating phased implementation targets and evaluation criteria;
(2) Overseeing compliance with departmental obligations;
(3) Convening regular joint meetings to address key challenges;
(4) Developing an information-sharing platform to enhance interagency cooperation."
Article 22 of the "Shanghai Regulations on Promoting the Construction of an International Commercial Arbitration Center (Draft)"
Article 22(3) of the Draft Regulations on Promoting the Construction of an International Commercial Arbitration Center in Shanghai (Provisional Arbitration)Paragraph 3 stipulates the selection of arbitrators in ad hoc arbitration:
"The parties may select members of the ad hoc arbitral tribunal either from the panel of arbitrators published by arbitration institutions in Shanghai or by overseas arbitration service providers, or may choose other qualified individuals who meet the requirements of the Arbitration Law of the People's Republic of China. The quality of ad hoc arbitration depends on the professional competence and ethical conduct of the arbitrators.
Unlike institutional arbitration, ad hoc arbitration does not have a predetermined panel of arbitrators, providing a broad scope for arbitrator selection. This provision allows parties to directly select tribunal members from arbitrator panels published by overseas arbitration service providers.
We recommend that the selection of relevant arbitrators should, at minimum, ensure compliance with the standards set forth in Article 18 of the current Arbitration Law to mitigate risks of sham arbitration. Additionally, comprehensive considerations for arbitrator selection should be explicitly stated, such as reference to Article 92(2) of the Arbitration Law (Draft for Comments):
'When appointing an arbitration institution or determining arbitrators, consideration shall be given to the parties' agreed conditions for arbitrators, as well as factors such as the arbitrator's nationality and the seat of arbitration to ensure the independence, impartiality, and efficiency of the arbitration proceedings.'"
Previously, legislative proposals submitted by Attorneys Hong Xiaoli and Su Ziqing regarding Article 4 of the Shanghai Regulations on Hosting the China International Import Expo and Article 62 of the Shanghai Regulations on Promoting the Development of Hongqiao International Central Business District were also partially adopted by the Standing Committee of the Shanghai Municipal People's Congress. In recognition of their contributions, the Legislative Affairs Committee of Minhang District People's Congress presented both attorneys with Certificates of Honor.
As a vital force in advancing the rule of law in China, Sunway Law Firm remains committed to engaging with national and municipal legislative processes, actively participating in legislative consultations. The latest adoption of the firm's proposals once again demonstrates:
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The legal expertise and social responsibility of Sunway's attorneys
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Their distinctive strengths in professional competence, public sentiment insight, and collective wisdom aggregation
Moving forward, Sunway Law Firm will continue to uphold its "Law+" philosophy, delivering high-quality legal services to contribute to social development and the construction of a law-based society.
