The working guidelines for the list of arbitrators in the Guangdong Hong Kong Macao Greater Bay Area were released on the 30th. The Guidelines were jointly agreed upon by the Department of Justice of Guangdong Province, the Department of Justice of the Hong Kong Special Administrative Region Government, and the Department of Administrative Justice of the Macao Special Administrative Region Government, and were reviewed and approved by the Joint Meeting of Legal Departments of the Guangdong Hong Kong Macao Greater Bay Area. The introduction of the "Guidelines" will help promote the establishment of a list of arbitrators in the Greater Bay Area, achieve mutual recognition of arbitrators recommended by the three arbitration institutions, and include them in their own lists of arbitrators, facilitating parties to choose arbitrators across institutions and further promoting the wider application of arbitration in the Greater Bay Area. The Guidelines stipulate the conditions for recommendation, registration procedures, use of the arbitrator roster, supervision and removal of registered arbitrators, and voluntary withdrawal. According to the above documents, the arbitration institution shall submit a preliminary list of recommended arbitrators to its legal department. After review, it shall be submitted to the Joint Conference of Legal Departments of Guangdong, Hong Kong, and Macao for final determination, and form the "List of Arbitrators in the Guangdong Hong Kong Macao Greater Bay Area". The recommendation criteria include six items: (1) support for the Constitution of the People's Republic of China, support for the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, and support for the Basic Law of the Macao Special Administrative Region of the People's Republic of China; (2) Good professional ethics, with no record of being punished for bad reputation or violation of professional ethics; (3) Include arbitration institutions from mainland China, Hong Kong, or Macau in their roster of arbitrators; (4) Having accumulated more than five years of practical experience as an arbitrator; (5) Accumulatively serving as an arbitrator in at least five arbitration cases and drafting arbitration awards, of which at least three are cross jurisdictional arbitration cases; (6) Proficient in Mandarin (or Cantonese) and at least one language other than Chinese. The Guidelines specify that the joint meeting may exempt one or more of the conditions in items (3) to (6) above based on the actual situation of the recommended person. The legal departments of the three regions may, based on local conditions, add recommendation conditions on the basis of the unified recommendation conditions mentioned above and report to the joint meeting. The Guidelines also specify the supervision and removal clauses for registered arbitrators. If any of the following situations occur, they should be removed: (1) engaging in acts that endanger national security or harm public interests; (2) Serious violations of laws, regulations, arbitration rules, and the professional ethics of arbitrators; (3) Being sentenced to criminal punishment, dismissed from public office, having their professional qualifications (practicing license) revoked, or being punished with suspension of practice for violating the law, resulting in the loss of their employment conditions; (4) Other circumstances that warrant expulsion. (New Society)
Edit:He Chuanning Responsible editor:Su Suiyue
Source:People's Daily
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