Hainan International Arbitration Court (HIAC) is an international commercial arbitration institution established by the People's Government of Hainan Province on the basis of the former Hainan Arbitration Commission. It is an important reform measure made by the Provincial Party Committee and the Provincial Government to create a rule-of-law, internationalized and convenient business environment for the Hainan Free Trade Port(FTP) by implementing the important 4.13 speech of General Secretary Xi Jinping and the spirit of Document No. 12 of the Central Committee of the CPC.
The reformed HIAC has established a corporate governance structure led by the Board of Directors. It operates independently as a public welfare statutory institution and a non-profit legal person, and adopts a governance mechanism in which decision-making, executation and supervision are checked and balanced. It has taken the lead in the reform of arbitration nationwide, and is able to provide a legal guarantee for high-quality and efficient arbitration for the construction of the Hainan FTP.
In recent years, HIAC has adhered to the direction of the rule of law, learned international experience, grasped market rules, expanded the scale of internationalization, strengthened professional management, promoted standardized construction, and pushed forward the development of modernization. The first Board of Directors has been consisted of internationally renowned experts, one third of which are foreigners. The Board of Director's authority and internationalization are among the top national-wide. Great efforts have been made to upgrade and comprehensively optimize the panel of arbitrators. More than 1,000 arbitrators have been empaneled, nearly one third of which are overseas arbitrators, and they are located in 38 countries and regions around the world, covering all the main jurisdictions and reserving high-end foreign-related rule of law talent. We have adopted advanced international arbitration systems and formulated more than 10 basic documents of HIAC, such as the Articles of Association, Rules of Procedure of the Board of Directors, Mediation Rules, Measures for Payment of Remuneration of Arbitrators, Organizational Structure and Post Setting Planning, Post Qualification for Employment and Remuneration scheme of Staff. We have comprehensively revised rules and regulations such as Arbitration Rules, Administrative Measures for Arbitrators, Operating Procedures for Arbitrators for Case Handling, Administrative Measures for Case Trial Process, Regulations on the Production of Arbitration Closing Documents, and Regulations on the Management of Arbitration Case Expenses, etc. Through the continuous system integration and innovation, it has achieved the "six internationalizations" of the decision-making body, executive body, arbitration rules, arbitrator structure, arbitration secretary team and governance mechanism, as well as "five major enhancements" of the ability to resolve non-litigation disputes, arbitration credibility, social awareness, international influence and Party building.
On June 1, 2020, HIAC set up International Mediation Centre and established a panel of mediators to conduct domestic and overseas business and to accept and handle commercial disputes between natural persons, legal persons and unincorporated organizations with equal subjects, including contract disputes and other disputes over property rights and interests. The Mediation Center has formulated mediation rules according to the advanced concepts of well-known mediation and arbitration institutions at home and abroad, fully respect the mediation willingness of the parties concerned, simplify the procedures, and be flexible and efficient for the convenience of the parties concerned. Meanwhile, the Mediation Center actively establishes a coordination mechanism for litigation, arbitration and mediation work with the People's Court and other entities, cooperates with international commercial mediation institutions both at home and abroad, establishes friendly contacts, learns and uses for reference the advanced practices and useful experiences of international commercial mediation institutions both at home and abroad, improves and perfects the working mechanism, and provides the parties with legal services for dispute resolution under the dual-track operation and effective connection of "arbitration + mediation".
HIAC will conscientiously implement the important instruction of General Secretary Xi Jinping of "putting forward the non-litigation dispute resolution mechanism", and in accordance with the requirements of the Overall Plan for the Construction of the Hainan FTP, firmly seize the strategic opportunity of "Chinese Characteristics FTP", aim at the goal of building a first-class international arbitration institution for Services Southeast Asia and the Pacific Radiation Zone, have the courage to innovate and assume responsibilities, establish and improve a diversified dispute resolution mechanism, continuously improve the quality and efficiency of arbitration awards and the proficiency of arbitrators in handling cases, and comprehensively enhance the credibility of arbitration, and strive to create a new situation for Hainan Arbitration.