海事仲裁
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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
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]
中国港口协会与上海仲裁委员会达成战略合作
Yang Guang Wang· 2025-08-22 02:46
Core Viewpoint - The high-quality development of China's port industry urgently requires high-quality legal services to navigate increasing legal and compliance risks faced by port enterprises [1] Group 1: Strategic Cooperation - The China Port Association and the Shanghai Arbitration Commission have officially reached a strategic cooperation agreement on August 21, aiming to enhance legal services in the port industry [1][3] - The cooperation focuses on three main highlights: creating a "diagnostic room" for dispute resolution, installing a "legal engine" for industry development, and establishing a legal information "expressway" [3][5] Group 2: Advantages of Arbitration - Arbitration offers advantages over litigation in dispute resolution, including flexibility and the ability to integrate deeply into market decision-making processes [5] - The arbitration process can involve early intervention, allowing for risk assessment and the establishment of internal dispute resolution mechanisms, which can lead to legally binding agreements [5] Group 3: Industry Context and Resources - The China Port Association is the only national industry association for ports in China, with members across major coastal and inland ports [7] - Shanghai's status as a global shipping center provides valuable resources and experiences that can enhance maritime arbitration services [7] Group 4: Future Directions - The former Vice Minister of Transport, Xu Zuyuan, emphasized four new pathways for deepening cooperation among port enterprises, including embedding arbitration mechanisms into business processes and enhancing internal legal risk management [8] - Standardizing dispute resolution in the port sector and breaking down regional regulatory barriers can facilitate more efficient allocation of port resources in a regulated legal environment [8]