In order to deeply understand the cutting-edge legal information in the international commercial field, improve the international perspective of foreign-related trial judges, and promote the ability and level of foreign-related commercial maritime trial teams, on July 14, 2023, judges and Law clerk of the Wuxi International Commercial Court participated in the second "foreign-related trial forum" held by the Supreme People's Court in 2023 through video conference. This forum invited Zheng Ruohua, an expert member of the International Commercial Expert Committee of the Supreme People's Court, to give a keynote lecture on "The Enlightenment of Hong Kong's Arbitration Legal System and Operation on the Amendment of Mainland Arbitration Law". Zheng Ruohua is a Senior counsel of Hong Kong, a winner of the Grand Bauhinia Medal, and once served as the Secretary of Justice of the Hong Kong Special Administrative Region of China. She is also a well-known international arbitration expert. She has served as the President of the Hong Kong International Arbitration Centre (HKIAC), the Vice President of the International Commercial Arbitration Council (ICCA) and the Vice President of the International Arbitration Court of the International Chamber of Commerce (ICC). She is also the first Asian woman to be elected as the Chairman of the Chartered Arbitrators Association (CIArb) through global selection.
Zheng Ruohua provided a detailed introduction to the three stages of the development of Hong Kong's arbitration legal system and practice based on a case study, as well as relevant suggestions for revising the arbitration law in mainland China. Meanwhile, she divided the development of arbitration in Hong Kong into three stages: the first stage is to use British arbitration law to handle Hong Kong arbitration; the second stage is to distinguish between local arbitration and international arbitration. Local arbitration is mainly based on the British Arbitration Law, while international arbitration is based on the United Nations Commission on International Trade Law Model Law on International Commercial Arbitration; In the third stage, starting from June 1, 2011, there will be no distinction between local arbitration and international arbitration, laying the foundation for it to become the Asia Pacific Dispute Resolution Center. In addition, Zheng Ruo hua put forward two suggestions for the amendment of the mainland arbitration law. Firstly, it is suggested to draw on the legislative experience of Hong Kong, adopt the dual system of mainland arbitration and foreign-related arbitration, and take the United Nations Commission on International Trade Law Model Law on International Commercial Arbitration as the blueprint for the amendment of foreign-related arbitration; Secondly, considering that "provisional arbitration" was a system adopted in the early development of the arbitration industry, it is not appropriate to include this system in the revision of the Arbitration Law in the context of highly developed institutional arbitration.
In the interactive communication link, Zheng Ruohua and the main participants carried out in-depth discussions on how the mainland courts stipulated the appeal requirements for the legal issues involved in the arbitration award by the Hong Kong courts, how to avoid false arbitration, the determination of the Proper law of the arbitration agreement, the determination of the Res judicata of the arbitration award, and the impact of the Singapore Mediation Convention on international commercial arbitration. Wuxi attendees expressed that the lecture is rich and organized, with a close combination of theory and practice. It cites multiple cases for analysis and explanation, providing a deeper understanding of the development and operation of the arbitration legal system in Hong Kong. It also provides new thinking for the cultivation of foreign-related legal talents, and has good reference value for the revision of the arbitration law in mainland China.