The First Meeting of the First Board of Directors of HIAC successfully convened in Haikou
The first meeting of the First Board of Directors of HIAC (“the Board”) was held in Haikou on August 25, 2020. Board members HUANG Jin, SUN Mingyu, YIN Tian, LIU Jingdong, ZHANG Xiaohui and WANG Qi attended the meeting. ZHANG Yuejiao, Johan Achiel ERAUW, Michael HWANG, Benjamin HUGHES and FAN Hoi Kit Alex were present at the meeting via video link due to epidemics or work reasons. SHEN Danyang, Deputy Governor of the People's Government of Hainan Province, attended the opening ceremony and delivered a speech. WANG Xuelin, Chairman of HIAC, presided the meeting.
At the opening ceremony, Deputy Governor SHEN Danyang on behalf of the People's Government of Hainan Province presented the letters of appointment to the Board members, and a group photo followed. SHEN pointed out that the establishment of HIAC is an important step of reform taken by the Hainan Provincial Party Committee and Provincial Government after a careful study and research. The set up of HIAC is to implement the spirit of the "4.13" Important Speech of General Secretary XI Jinping and of Document No.12 of the Central Committee, and to create a law-governing, internationalized and facilitative business environment having regard to the construction of the Hainan Free Trade Port(“FTP”). The highly internationalized First Board brings together a group of influential high-end global talents who are highly influential internationally speaking. The First Board, at a new starting point, revolving around the Hainan FTP construction and connecting the needs for building a law-governing business environment, plays an active role as a think tank, planning, organizing and carrying out various work related to arbitration in Hainan, and strives to turn over a new leaf for arbitration in Hainan.
After the opening ceremony, the Board proceeded with business according to the agenda. In his speech, Chairman WANG Xuelin pointed out that Hainan Province attaches great importance to and highly promotes the restructuring of Hainan Arbitration Commission (HAC). After the restructuring, HIAC, as a statutory body established for public interest, operates as an independent non-profit legal entity and adopts the corporate governance structure headed by the Board, whereby establishing a governance mechanism of effective check and balance among decision-making, execution and supervision, with the Board as the decision-making body. The establishment of the Board and the holding of the first meeting of the Board is not only are markable signpost with epoch-making significance in the historical development of HIAC, but also an important achievement of HIAC in promoting arbitration reform with a high standard and of superior quality. Before the meeting, HIAC has submitted 12 documents and motions to the Board members for consideration and comments. The Board members, acting in a highly responsible manner, had given valuable inputs and advice. HIAC had thoroughly considered and sufficiently adopted the Board members’ advice, followed by feedback reverted to the Board members. This had laid a solid foundation for the smooth conducting of the meeting. Next, HIAC will, in accordance with the strategical decisions and arrangements of the Provincial Party Committee and the Provincial Government, resolutely implement the relevant resolutions of the Board, with one mind and with one aim, relentlessly enhance the credibility and international influence of arbitration in Hainan and better serve the construction of Hainan FTP.
The Board meeting deliberated 12 documents and proposals comprising the Rules of Procedure of the Board of Directors, the Articles of Association of HIAC, the Arbitration Rules, the Mediation Rules, the organizational setting and staffing scheme, the budget, the remuneration scheme for arbitrators, the employment qualification and remuneration scheme for the staff, the appointment of President and Vice President of HIAC, the appointment of the members of the Arbitrator Qualification and Ethics Inspection Committee, the appointment of the members of the Benefit and Remuneration Committee and appointment of the Panel of Arbitrators. The Board members, coming from different countries and jurisdictions all actively expressed their views and suggestions on the relevant issues with enthusiastic discussions and sufficient exchanges. Among others, ZHANG Yuejiao, HUANG Jin, Johan Achiel ERAUW, LIU Jingdong, YIN Tian, Michael HWANG and Benjamin HUGHES, expressed profound and unique views on the relevant issues. The meeting was not only an international grand meeting for the exchange of Chinese arbitration and international arbitration systems, but also a blend of Chinese and Western legal cultures, with communication and understanding enhanced, broad consensus reached and fruitful outcomes achieved.
After voting, the 12 documents and proposals including the Articles of Association were adopted at the meeting in principle. The Board also reached a consensus on the development of international commercial arbitration in Hainan, and adopted in principle the Consensus of the Board of Directors of the Hainan International Arbitration Court on International Commercial Arbitration. Taking this as the guidance, HIAC will strive to reform and innovate the arbitration system, summarize work practice, borrow international experience, strengthen the building of arbitrators and arbitration secretariat teams, enhance the standard of professionalized, standardized and internationalized services, foster foreign exchange and cooperation, give full play to the unique and important role of arbitration and mediation in commercial dispute resolutions, provide quality and efficient arbitration and mediation services in order to create a law-governing, internationalized and facilitative business environment for the Hainan FTP, and strive to create a new era for HIAC.
HUANG Jin, Vice President of the China Law Society, President of the Chinese Society of International Law, President of the Chinese Society of Private International Law and Professor of the China University of Political Science and Law, gave a speech on behalf of the Board. He thanked the Hainan Provincial Party Committee and Provincial Government for reposing their trust and confidence. The reform of HIAC is the most deep-rooted and leading throughout China. HIAC will play an increasingly significant role in establishing the law-governing, internationalized and facilitative business environment of Hainan FTP. He emphasized that China's arbitration reform has commenced. While different local arbitration institutions are exploring arbitration reforms and progressing with reforms in different aspects, attention should be draw to the “three directional returns”, namely return to the original purpose, return to common sense, and return to the arbitration principles, so that the reform and the directional returns are brought to a dialectical unity. HIAC, founded on the national and provincial conditions and the needs of Hainan FTP construction, adheres to governance by law in the practice of arbitration reform, borrows international experience, aligns with market practice, and has obtained elementary experience and achievements. At a new starting point, HIAC shall continue to deepen reform and innovation, adhere to the direction of internationalization, strengthen professional management, promote formalization and modernization, and continuously enhance the credibility and international influence of arbitration. He noted that the Board was the decision-making body of HIAC and that the Board was the key to the achievement of the vision and mission of HIAC. He is willing to work together with other Board members to actively perform their duties, make scientific decisions in accordance with the law, strengthen work steering and supervision, and promote the healthy and rapid development of HIAC’s work so as to provide domestic and foreign commercial parties with independent, impartial, professional and efficient legal services.
At the end of the meeting, Chairman WANG Xuelin pointed out that the successful conducting of the First Meeting of the First Board of Directors of HIAC marked the beginning of a new chapter and a new journey for arbitration in Hainan. The meeting received staunch support from the Provincial Party Committee and the Provincial Government as well as different sectors of the community. The speeches delivered by Deputy Governor SHEN Danyang and Professor HUANG Jin were of great guidance and significance. The views expressed by all the Board members at the meeting are very important and valuable. HIAC will fully consider and adopt the same and refine the relevant instruments as soon as possible. HIAC will act in accordance with the resolution of the Board, grab hold of and implement various tasks, so as to facilitate HIAC to build a first-class international commercial arbitration institution with high positioning, high standards and high level, and to build a new platform for resolving international commercial disputes.
ZHUANG Caide, Deputy Secretary-General of the Provincial Party Committee and Political and Judicial Commission, NAI Jianqiao, Deputy Director of Qualified Personnel Development Bureau of the Provincial Party Committee, DAI Qingyun, Deputy Secretary-General of the General Office of Hainan Provincial Government, LI Yongli, Secretary of Party Committee of the Provincial Department of Justice, CHEN Wenping, Standing Vice President of the Provincial High Court and other officers-in-charge attended the opening ceremony. The Xinhua News Agency, China News Service, Legal Daily, Hainan Daily, Hainan Television and other news media as well as the staff of HIAC participated in the above-mentioned activities.