An ICC Perspective on BRI and International Dispute Resolutions

BRI and International Dispute Resolutions: an ICC Perspective Presented by: Dr. Mingchao Fan Date: 18 January 2021 Content - - - What is ICC & ICC DRS • ICC • ICC DRS An Overview of BRI & BRI Commercial Disputes • BRI & Example of Myanmar • BRI Commercial Disputes ICC DRS' Presence on the Belt & Road • NCs, Rep. Offices, etc. • BRI Commission What is ICC - The institutional representative of more than 45 million companies in over 100 countries with a mission to make business work for everyone, every day, everywhere - Through a unique mix of advocacy, solutions and standard setting, promoting international trade, responsible business conduct and a global approach to regulation, in addition to providing market-leading dispute resolution services. Members including many leading companies, SMEs, business associations and local chambers of commerce. - Representing business interests at the highest levels of intergovernmental decisionmaking, whether at the WTO, the UN or the G20 - ensuring the voice of business is heard. It is this capacity to bridge the public and private sectors that sets us apart as a unique institution, responding to the needs of any stakeholder involved in international commerce. - Playing a vital role in scaling widespread action on Sustainable Development Goals and has a long history of formulating the voluntary rules by which business is conducted every day - from internationally recognized Incoterms rules to the UCP 600 Uniform Customs and Practice for Documentary Credit that are widely used in international finance. - In addition, specializing in world-class business and legal training and are an industryleading publisher of practical tools for international business, banking and arbitration. - So, from the small e-commerce start-up in Istanbul to the multinational software company in Delhi, businesses worldwide can benefit from ICC's rules and mechanisms for the conduct of trade. What is ICC DRS (ICC Dispute Resolution Services)? - - - - ICC International Court of Arbitration • 1 President 17 Vice-Presidents 175 members worldwide • Weekly committee sessions • Monthly plenary sessions ICC Court Secretariat • 11 Case management teams • 50+ Lawyers • 30+ Nationalities • 30+ Languages ICC Commission on Arbitration and ADR • "Legislative body" • Responsible for drafting dispute resolution rules • 700+ members worldwide ICC International Centre for ADR • 1 Case management team • Standing committee 6 members Secretary General Deputy Secretary General Managing Counsel - France/ Africa - Singapore - LatAm - NorthAm (in NY) - Swiss/Italy - Eastern Europe - Eastern Mediterranean - German - Hong Kong - Brazil (in São Paulo) - Composition - • Approx. 80 staff members • Diverse nationalities & languages • One counsel, several deputy counsel per team • Daily case administration Mission • Contact with parties, arbitrators • Advice on practices, briefings and recommendations to the Court • Communication with parties and Arbitral Tribunals • General info on application of the Rules An Overview of BRI & BRI Commercial Disputes: BRI & Example of Myanmar - September 2013 • - March 2015 • - 1st Belt and Road Forum was convened in Beijing. October 2017 • - BRI Vision and Action Plan was released. May 2017 • - President Xi proposed BRI during his visit to Kazakhstan. BRI was written into the Communist Party of China's Constitution April 2019 • 2nd Belt and Road Forum was convened in Beijing An Overview of BRI & BRI Commercial Disputes: BRI Commercial Disputes - - BRI Commercial Dispute Resolution in Mainland China • SPC • Chinese Arbitral Institutions • CICC BRI Commercial Dispute Resolution outside of Mainland China • Inter-governmental assistance • International Arbitral Institutions ABOUT ICC - The International Chamber of Commerce (ICC) is the institutional representative of more than 45 million companies in over 100 countries. ICC's core mission is to make business work for everyone, every day, everywhere. Through a unique mix of advocacy, solutions and standard setting, we promote international trade, responsible business conduct and a global approach to regulation, in addition to providing market-leading dispute resolution services. Our members include many of the world's leading companies, SMEs, business associations and local chambers of commerce.