The convergence of rules gave birth to a new arbitration mode of ＂Shenzhen+Hong Kong＂
"Give full play to the advantages of’ one country, two systems and three jurisdictions’ and build a highland for international arbitration in Guangdong, Hong Kong and Macao!" As an important engine of Greater Bay Area, Shenzhen is continuing to promote the deep integration of rules and mechanisms.
Huang Genghan, a young man from Hong Kong, is a "post-90s generation" who embarked on the train of this era. Two years ago, after graduating from an American university with a master’s degree in law, he did not hesitate to choose Shenzhen International Arbitration Institute (SCIA) and became a witness and participant in Shenzhen-Hong Kong arbitration cooperation. As the secretary of the filing department, he deeply felt the high proportion of Hong Kong-related cases in the arbitration court and the deep participation of Hong Kong people in the trial of cases. "Choosing SCIA is actually a choice of Shenzhen and Hong Kong."
"Twin Cities" of International Arbitration
This is a "two-way trip". South China International Economic and Trade Arbitration Commission (Shenzhen International Arbitration Court), which originated in Guangdong-Hong Kong-Macao Greater Bay Area and has a history of nearly 40 years, established South China (Hong Kong) International Arbitration Court in Hong Kong in 2019 to build "Shenzhen-Hong Kong linkage" in two different jurisdictions separated by a river and promote cross-border linkage. Hung Fung Lee, who has a legal education and practice background in Singapore, returned to work in Shenzhen International Arbitration Court for five years, and was sent to South China (Hong Kong) International Arbitration Court as Deputy Secretary-General and Secretary of the Board of Directors last year.
Chen Manqi, deputy of the National People’s Congress in Hong Kong and Hong Kong arbitrator of Shenzhen International Arbitration Court, visited the Futian headquarters of Shenzhen International Arbitration Court in Shenzhen Stock Exchange several times before the epidemic. On one occasion, she shared her excitement in a circle of friends on the night when she returned to Hong Kong for a trial: "It takes 14 minutes to get to Futian Station by taking the high-speed train from West Kowloon, Hong Kong, and half a day to complete the arbitration trial of SCIA, so it is more convenient to return to Hong Kong than commuting in Hong Kong!"
Arbitration may be the smallest obstacle and the earliest start of legal cooperation between two different jurisdictions. The arbitration cooperation between the two places began in the early 1980s, with a deep foundation. Yesterday, Wang Guicong, former chairman of Hong Kong International Arbitration Center and chairman of Pacific Rim Lawyers Association, said with a smile to reporters that he, the first Secretary for Justice of the Hong Kong SAR Government, Elsie Leung, and the former chairman of the Hong Kong Securities Regulatory Commission, Anthony Liang, were both members of the Board of Directors of Shenzhen International Arbitration Court and the Board of Directors of South China (Hong Kong) International Arbitration Court, and they were deeply involved in institutional governance, so they had to travel frequently between Shenzhen and Hong Kong, and the three of them became inseparable. All three of them are heavyweights in Hong Kong’s legal field, and they have a good reputation in the international arbitration field. Over the years, they have been to Shenzhen as arbitrators and expert witnesses of Hong Kong law to participate in the handling of Hong Kong-related cases.
Liang Aishi has always been full of expectations for Shenzhen-Hong Kong arbitration cooperation. She once said: "What we can’t do in Hong Kong and what we can’t do in the Mainland, we can try it first here in Shenzhen, which is a place with good legal services."
Established 39 years ago, Shenzhen International Arbitration Court is the first arbitration institution in Guangdong, Hong Kong and Macao, which is the first time for China arbitration institutions to employ overseas arbitrators. The new roster of arbitrators published in February 2022 covers 114 countries and regions, including 151 arbitrators from Hong Kong. Shenzhen International Arbitration Court has gathered a large number of Hong Kong legal professionals who love their country and Hong Kong. The successive Secretaries of Justice of the Hong Kong SAR Government have served as arbitrators of Shenzhen International Arbitration Court, which has further promoted arbitration cooperation between the two places.
"Two-lane" with regular connection
If Shenzhen-Hong Kong arbitration cooperation enters the era of "two-way lane", then South China (Hong Kong) International Arbitration Court plays a brand-new role in promoting the convergence of rules.
In international economic and trade exchanges, both parties to a transnational (border) dispute usually want to settle the dispute in their own country or region. When the two parties are at loggerheads, the third place arbitration is often a good choice, and to be accepted by both parties to arbitration, it is necessary to have arrangements that conform to the international common rules. The Arbitration Rules of South China (Hong Kong) International Court of Arbitration, which came into effect on May 1 this year, is based on the arbitration rules of the United Nations Commission on International Trade Law and fully absorbs the latest development of modern international arbitration rules, and has been well received by the domestic and foreign industries. The rule was written by Peter Malanczuk, a famous German professor. He is also a director of Shenzhen International Arbitration Court and South China (Hong Kong) International Arbitration Court. He has served as the chief professor and head of the Department of International Law at Amsterdam University, and has worked in Hong Kong and the Mainland for a long time. He has served as Dean of the Law School of City University of Hong Kong, Professor peking university school of transnational law and a visiting professor of law at the University of Hong Kong.
Jane Huimin, a member of the Hong Kong Legislative Council and general counsel of BOC Hong Kong, said that the governance model and arbitration rules of Shenzhen International Arbitration Court and South China (Hong Kong) International Arbitration Court fully reflected the participation of Hong Kong people, and the rules superimposed the advantages of Hong Kong common law, giving foreigners enough confidence to choose China for arbitration.
"Two cities, two courtyards and two lanes" gave birth to a new arbitration mode of "Shenzhen+Hong Kong". Faster than the high-speed rail, it is the trial of "Shenzhen-Hong Kong linkage and remote synchronization". Some time ago, Shenzhen International Arbitration Court accepted a cross-border loan dispute case, with a disputed amount of hundreds of millions. The applicant of the case is a mainlander, three respondents are Hong Kong people, and the arbitration tribunal is composed of two Hong Kong people and one mainlander. The online trial is jointly held by Shenzhen International Arbitration Court and South China (Hong Kong) International Arbitration Court, and the trial secretaries of the two places provide cross-border synchronous trial services. According to statistics, there were 19 cases in which "two cities and two houses" were used for cross-border synchronous trial last year.
"Soft Unicom" of Mechanism Docking
In order to promote the mechanism docking in Guangdong-Hong Kong-Macao Greater Bay Area, Shenzhen International Arbitration Institute took the lead in establishing the Guangdong-Hong Kong-Macao Arbitration and Mediation Alliance as early as 2013, bringing together 18 major commercial arbitration and mediation institutions in Guangdong, Hong Kong and Macao to create a cross-border commercial dispute resolution model of "Hong Kong-Macao mediation+Shenzhen arbitration+cross-border enforcement". The chairman of the alliance is from Guangdong, Hong Kong and Macao, and the cooperation mechanism fully reflects openness, equality and transparency.
One of the key reasons why international arbitration can become an important way to solve cross-border disputes is the cross-border enforcement mechanism. Many years ago, Shenzhen International Arbitration Court set a precedent for China’s arbitral award to be executed overseas, and China’s arbitral award went from "Shenzhen+Hongkong" to the world. Up to now, the number of Shenzhen International Arbitration Court awards executed by Hong Kong courts ranks first among mainland arbitration institutions. Last year, Shenzhen International Arbitration Court had 10 arbitral awards enforced in Hong Kong courts.
It is understood that as the mainland arbitration institution that accepts the largest number of Hong Kong-related cases, Shenzhen International Arbitration Court has accepted 849 Hong Kong-related cases since 2019, involving a bid amount of 72.3 billion yuan, which has also played an important role in the social and economic stability of the Mainland and Hong Kong.
The "bridgehead" of institutional integration
The Shenzhen International Arbitration Court once tried an international case. One party came from the mainland of China and the other party came from Canada. Both parties selected an arbitrator from Guangdong and one from Canada, and the presiding arbitrator was Su Shaocong, then president of the Hong Kong Law Society. Three arbitrators from different jurisdictions conducted the hearing in English.
This arrangement is not uncommon in foreign-related cases accepted by Shenzhen International Arbitration Court. In commercial disputes involving common law countries accepted by Shenzhen International Arbitration Court, Hong Kong professionals are not only the preferred arbitrators for foreign parties, but also often recognized by mainland parties in China. Opening the roster of Shenzhen International Arbitration Court, 151 Hong Kong arbitrators are impressive, and they play a special role in promoting system integration in different jurisdictions.
It is reported that the construction of Guangdong-Hong Kong-Macao Greater Bay Area International Arbitration Center based on Shenzhen International Arbitration Institute is a comprehensive reform pilot task entrusted to Shenzhen by the central government. At present, Guangdong-Hong Kong-Macao Greater Bay Area International Arbitration Center is strengthening the construction of specialized branches such as Maritime Arbitration Center, China (Shenzhen) Securities Arbitration Center and China (Shenzhen) Intellectual Property Arbitration Center to promote the development of key industries in Guangdong-Hong Kong-Macao Greater Bay Area. Guangdong-Hong Kong-Macao Greater Bay Area International Arbitration Center has set up an exchange and cooperation platform, at present, eight Hong Kong and Macao institutions have settled in.
The process of system integration is also the process of people’s integration. It has long been the consensus of the legal and industrial circles in Shenzhen and Hong Kong to jointly improve the international business environment ruled by law through arbitration cooperation. The China South China Enterprise Law Forum, sponsored by Shenzhen International Arbitration Institute, is held once a year, which has become an important platform to connect the legal and industrial circles in the Mainland, Hong Kong and Macao, and an important window for Chinese and foreign enterprises to understand the rule of law and international business environment in Guangdong-Hong Kong-Macao Greater Bay Area. Last year, Shenzhen and Hong Kong twin cities jointly held the 11th China South China Enterprise Law Forum for the first time, to discuss risk prevention and dispute resolution together during the epidemic, to gather professional consensus and stabilize market confidence.
Just before the press release, our reporter was informed of the latest news: Shenzhen International Arbitration Court and South China (Hong Kong) International Arbitration Court will simultaneously launch the internship program for Hong Kong university students in Qianhai and Hong Kong, and further employ Hong Kong young legal talents to provide more opportunities for Hong Kong youth to go north for employment and growth. The ongoing 3rd Shenzhen Cup Competition for Simulated International Investment Arbitration covers Hong Kong and Macao in an all-round way. Teams from the Law School of Hong Kong University have signed up for the competition for two consecutive years, and the winner will be qualified to enter the global competition from Shenzhen. Facing the youth, the world and the future, Shenzhen-Hong Kong arbitration cooperation has become a "bridgehead" for the integration of systems and people’s hearts.
