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Guide to Regional Arbitration (volume 7 - 2019)

Beijing Arbitration Commission (BAC)

History and background

Established in 1995 as an independent and non-governmental institution, the Beijing Arbitration Commission, also known as the Beijing International Arbitration Centre (BAC/BIAC), has become the first self-funded arbitration institution in China in 1998 and is widely accepted as one of the primary arbitration institutions internationally.

With the aim of delivering trusted professional services, the BAC/BIAC endeavours to promote and encourage the resolution of disputes through efficacious arbitration and a comprehensive understanding of Chinese arbitration practices. To this end, the BAC/BIAC actively organises the Annual Summit on Commercial Dispute Resolution in China, sponsors the Biennial ICCA Conference and contributes constructively to the UNCITRAL Working Group II’s deliberations as an observer.

Structure and service

  • The BAC/BIAC is run by a committee comprising a chairman and 11 members.
  • The BAC/BIAC’s office, headed by the secretary general, has 30+ case managers.
  • The BAC/BIAC has 500+ arbitrators, including 120+ international arbitrators in its panel. Nominating arbitrators from outside the BAC/BIAC’s panel is permissible in international cases.
  • The BAC/BIAC has served clients from more than 30 countries, and has facilities to conduct arbitrations not only in Chinese and English but also in other languages.
  • There has been an exponential increase in the number of arbitration cases filed with BAC/BIAC, from seven in 1995 to over 33,000 by 2017.
  • Since 2013, the numbers of cases filed with the BAC/BIAC, on average per year, are 2,600+ in domestic cases, and 50+ in international cases.
  • Since 2013, the disputed value on average per arbitrated case was over US$1.5 million, and in 2016, the highest disputed value went up to over US$1.7 billion.

Leading practice

  • Parties have a higher degree of autonomy to conduct arbitration more efficaciously by applying, whenever necessary, for joinders of additional parties, claims between multiple parties or consolidations of arbitrations as provided by articles 13, 14, 19.6 and 29 of the Arbitration Rules.
  • Interim measures, emergency arbitrator and preservation measures are available, if permitted by applicable law, to multinational and international corporations as provided for by articles 16, 62 and 63 of the Arbitration Rules.
  • More flexibility in determining the applicable law, arbitration languages and the replacement of arbitrator, especially after unsuccessful Med-Arb efforts. These provisions address the concerns and needs of the parties and are provided for by articles 67, 69 and 72 of the Arbitration Rules.

Advantages and fees

  • The BAC/BIAC is financially independent and not subject to governmental interference.
  • Foreign lawyers are allowed to represent cases without any restriction of numbers.
  • The BAC/BIAC Arbitral Awards are final and binding, and are enforceable under the 1958 New York Convention.
  • Strict confidentiality of the arbitration process is ensured for a just and fair result and award.
  • The BAC/BIAC’s arbitration fees are comparatively lower than other international arbitration institutions.
  • Fixed Arbitration fees are provided under the BAC/BIAC fee schedule, but the parties can agree on a different set of computation for arbitrators’ fees in international cases.

BAC/BIAC facilities

  • Twelve hearing rooms equipped with technical assistance and simultaneous translations.
  • Three conference rooms for up to 200 people.
  • Tele- and video- conferencing facilities.
  • Online Case Management System and Date & Notification App.
  • Self-service filing and enquiries system.
  • Seventy free parking lots.

Annual caseloads over the past 10 years

Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
Total caseload 2057 1830 1566 1471 1473 1627 2041 2944 3012 3550
Disputed Amount
(billion CNY)
8.7 8.8 9.3 11.9 6.3 12 15.9 41.1 46.6 44.8
International caseload 56 72 32 38 26 44 41 52 69 77

16/F, China Merchants Tower
No118 Jian Guo Road
Chaoyang District
100022 Beijing, China
Tel: +86 10 6566 9856
Fax: +86 10 6566 8078
Email: bjac@bjac.org.cn

Lin Zhiwei
Secretary General

16/F, China Merchants Tower
No118 Jian Guo Road
Beijing
100022

Tel : +86 10 6566 9856

Fax : +86 10 6566 8078

Email : bjac@bjac.org.cn

Website : http://www.bjac.org.cn/

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