Core Viewpoint - Shanghai courts will uphold a friendly arbitration judicial philosophy, continuously enhance specialized arbitration judicial review capabilities, and improve supporting and supervisory measures for arbitration. Group 1: Arbitration Development - Shanghai aims to promote the integration of institutional arbitration and ad hoc arbitration to enhance maritime arbitration services and overall competitiveness of the shipping service industry [6] - The development of maritime arbitration is expected to create an industrial agglomeration effect and contribute significantly to the construction of an international shipping center [15] Group 2: Legal Framework and Collaboration - China's maritime legal and arbitration rules are evolving, with hopes for continuous improvement and implementation of new laws, alongside collaboration with relevant arbitration institutions [9] - The "Model Arbitration Clause for Insurance Contracts" positively impacts the development of temporary arbitration practices that align with China's national conditions and international standards [10] Group 3: Judicial Role and Neutrality - Maritime justice serves not only as a defense line for dispute resolution but also as a protector of market order and a confidence booster for enterprises [13] - Judges are expected to maintain neutrality and equally protect the rights of both domestic and foreign parties, ensuring the right to choose dispute resolution methods [22] Group 4: Risk Management and Compliance - Companies are encouraged to strengthen their primary responsibility for risk prevention and to explore risk response solutions that better meet their needs [26] - The establishment of compliance policies should aim to reduce risks for enterprises while providing pre-warning for business decisions, evidence for decision-making during operations, and mechanisms for loss reduction afterward [27]
金句来了丨北外滩司法与仲裁论坛:敕星槎、赴沧海、“七”新篇
Di Yi Cai Jing·2025-10-22 11:59