Herbert Smith Freehills hosted the launch event for China's first young arbitration practitioners' association - the China Young Arbitration Group. The group was launched by Herbert Smith Freehills Beijing-based Senior Associate, Edwina Kwan, together with practitioners Clarisse Von Wunschheim, founding partner of Wunscharb, Arthur Ma, counsel at Fangda Partners, and Huawei Sun of Allen & Overy, who founded the group to give the increasing number of young arbitration practitioners in Beijing an opportunity to exchange ideas and discuss the latest issues facing young international arbitration lawyers, particularly in China.
The inaugural event for the group was held at the Beijing offices of Herbert Smith Freehills LLP on 24 October 2012 where over 55 young arbitration lawyers in Beijing met to hear a distinguished panel of speakers that included Liu Jing, Deputy Secretary General HKIAC, Professor Lu Song, China Foreign Affairs University and Christopher Moger QC, 4 Pump Court and Arbitration Chambers Hong Kong.
Liu Jing opened the seminar with an interesting discussion on "Developing a bilingual international arbitrator community". With the event being held in Beijing, Liu Jing started by saying that he was not sure whether to make his presentation in Chinese or in English, but reverted to English, noting that this was the reality for most of the cases that came before the HKIAC. He did however note the dramatic increase of Chinese cases being heard at the HKIAC, stating that a significant percentage of cases now involved Chinese parties. Noting the increasing numbers of Chinese parties, he emphasised that it was important for the arbitration community to have more bilingual international arbitrators. Liu Jing went on to note that there was still a need to bridge the gap, not just between different languages, but also different cultures and legal traditions that bring with them varying approaches to international arbitration. He also suggested that different arbitration cultures might effectively complement each other in many aspects.
Professor Lu Song went on to provide a rare insight into the soon-to-be released "CIETAC Guidelines on Evidence". Professor Lu noted that the impetus behind developing these rules was that the Chinese courts' evidence rules are not applicable in CIETAC arbitration, there is insufficient guidance under statutory rules, and that Chinese arbitrators are not always comfortable with adopting the IBA Rules on the Taking of Evidence in International Arbitration. The CIETAC Guidelines on Evidence are therefore designed to bring Chinese arbitrators and counsel in line with international best practice. However Professor Lu made reference to the fact that the Guidelines will only be applicable when agreed by the parties and the tribunal.
Christopher Moger QC concluded the seminar with a very thought provoking discussion on "What do arbitrators want to hear (and what he/she doesn't)?". Mr Moger QC remarked that this was not always a straightforward question, particularly when dealing with a panel of arbitrators from different legal cultures. However, in his view, there are key approaches to a case that any arbitrator would appreciate, including striving to be a reasonable, fair and practical advocate that the tribunal looks to for assistance during the case. He began with some light-hearted advice: "Just try to avoid being thought as mad as your client". Further practical advice that Mr Moger QC instilled upon the group of eager young lawyers was to read everything in advance and then to limit pleadings to a succinct summary of the key points, rather than a 100 page novel; something that he himself tries to do when acting as an advocate.
The China Young Arbitration Group's next event is planned for mid-December, to coincide with workshops on cross-examination in international arbitration being held in Beijing and Shanghai.