The 79th session of Working Group II (Dispute Settlement) of the United Nations Commission on International Trade Law (UNCITRAL) was held at the United Nations Headquarters in New York, USA, from February 12 to February 16. 36 UNCITRAL member States, 8 observer States, 1 organization of the United Nations system and 22 non-governmental organizations sent delegations to participate in the session. The 79th session of Working Group II (Dispute Resolution) of UNCITRAL was held at the United Nations Headquarters in New York, U.S.A. Thirty-six UNCITRAL member states, eight observer states, one organization of the United Nations system, and twenty-two nongovernmental organizations (NGOs) sent their delegations to attend the session. As an arbitrator of Beijing Arbitration Commission (“BAC”), Mr. Zhang Libin, Managing Partner of Foreign Affairs Department of King&Capital, together with Mr. Zhang Xiulin and Mr. Huang Ling, Arbitrators of BAC, Mr. Jiang Qiuju, Director of Operations and Mr. Ma Snapshaw, Senior Counsel of BAC, formed the delegation of BAC and participated in the meeting as an observer.
Scene of the Conference
Continuing with the content of the 78th session, the Conference discussed model clauses and guidance texts on technology-related dispute resolution and adjudication, and continued to be chaired by Mr. Andrés Jana from Chile and rapported by Ms. Thi Van Anh LAI from Vietnam. In the margins of the session, the Secretariat also organized a brief report on the project entitled “Dispute resolution in the digital economy”, which provided a preliminary review of the outcome of the project. Participants deliberated on the model clauses and the guidance text. The draft consisted of eight articles and 70 paragraphs, covering such topics as model clauses for expedited arbitration, model clauses for expert determination, model clauses for the assignment of experts to arbitral tribunals, model clauses on confidentiality, guidance on procedural confidentiality, guidance on evidence, and guidance on ensuring expeditious arbitration.
After intense discussions and revisions during the first four days, the Conference finalized the text and explanatory notes on the Model Provisions on Expedited Arbitration, the Model Provisions on Adjudication, the Provisions on Technical Advisers Appointed by the Arbitral Tribunal, and the Confidentiality Provisions on the fifth day. Representatives of various countries respected each other, sought common ground while reserving differences, and jointly contributed to the improvement of the texts.
Speech by Mr. Zhang Libin
Mr. Zhang Libin actively discussed with the delegates and experts at the meeting, and made comments and suggestions on the draft model clauses based on his many years of practical experience and thinking. Some of his views were recognized and supported by the representatives of Switzerland and Germany, and some of his suggestions were adopted. As an arbitrator of Peking Arbitration, Mr. Zhang Libin, together with other members of Peking Arbitration, reported to the General Assembly on the experience of Peking Arbitration and made comments and suggestions on the draft Model Clauses and Explanatory Notes on adjudication (also known as expert determination in the industry) based on his own arbitration experience and thoughts, which involved notice, selection of experts, scope of adjudication and expert determination. The Working Group's Chairman and the representatives of the Group of Experts recognized the comments made by the Chairman of the Working Group and the representatives of the Group of Experts on the model clauses and explanatory notes on adjudication, the selection of experts, the scope of adjudication, the validity of expert decision, and the connection between expert decision and arbitration.
From left to right: Zhang Xiulin, Arbitrator of Beizhong; Jiang Qiuju, Director of Operations of Beizhong; Andrés Jana, Chairman of the Meeting; Zhang Libin, Arbitrator of Beizhong; Huang Ling, Arbitrator of Beizhong.
