China (PRC)

BIAC logo 2017


In March, the Beijing Arbitration Commission/Beijing International Arbitration Centre (BAC) and the Nairobi Centre for International Arbitration (NCIA) formally founded the China-Africa Joint Arbitration Centre – Beijing (CAJAC Beijing) and China-Africa Joint Arbitration Centre – Nairobi (CAJAC Nairobi).

The establishment of the CAJAC Beijing and the CAJAC Nairobi are important measures in building the Sino-African joint dispute resolution mechanism. Based on the platform of the CAJAC, the BAC and the NCIA will work together with each other and provide Chinese and African commercial entities with more qualified and efficient dispute resolution services, and thereby assist with the trade communication and economic development between China and African countries.

It is a cornerstone of China’s foreign policy to develop cooperation with African countries, and the establishment of the CAJAC is an inevitable requirement for upgrading Sino-African economic and trade cooperation, and a significant pillar for the promotion of Sino-African legal cooperation. It is hoped that CAJAC will lay a solid foundation and establish its own presence within the international arbitration community.

v14i9_BIAC_SR_SignUnder the background of the Belt and Road Initiative and the Africa Agenda 2063, the economic, trade and investment cooperation between China and Africa will deepen further, and it is therefore important to create a forum for the effective resolution of potential disputes and thereby to promote such cooperation. As a leading dispute resolution institution in Asia Pacific, the BAC has, with the coordination and guidance of the China Law Society, reached cooperation intention with the NCIA, and the establishment of the CAJAC will further strengthen the foundation of the Sino-African legal cooperation. The BAC will work closely with the NCIA to build the CAJAC-Beijing and the CAJAC-Nairobi into an arbitration institution providing qualified, efficient and professional dispute resolution services to commercial entities engaged in Sino-African trade and investment.

Since China and Kenya established diplomatic relations in 1963, Kenya has enjoyed increased trade year by year and frequent communication between Chinese and Kenyan people. Mombasa, as the second largest city of Kenya and a trade port, is a freight transfer station for overseas cargoes entering Africa, and thus is very important to the Sino-African economic and trade relationship. The NCIA is equipped with refined arbitration rules, as well as support from local authorities and trust from African enterprises, and therefore it looks forward to promoting the development of arbitration based on CAJAC in the future and providing Chinese and African clients with a reliable dispute resolution platform.

The inauguration ceremony in Beijing saw Lin Zhiwei, secretary general of the BAC, and Lawrence Muiruri Ngugi, chief executive of the NCIA, sign a cooperation agreement on the establishment of a Sino-African joint dispute resolution mechanism between Beijing Arbitration Commission/Beijing International Arbitration Centre and Nairobi Centre for International Arbitration on behalf of the BAC and the NCIA, respectively.

Zhang Mingqi, vice-chairman of the China Law Society; Gu Zhaomin, director of public relations for the China Law Society; Arthur Igeria, chair of the board of the NCIA; Xin Xiuming, vice-chairman of the China International Contractors Association; Huang Wen, deputy secretary general of the Shanghai International Arbitration Centre; and Michael Kuper, president of the Arbitration Foundation of Southern Africa, all witnessed the signing and inaugurating ceremony.

Ever since the presentation of the CAJAC idea in 2012, CAJAC-Johannesburg was founded in 2015 in coordination with the Arbitration Foundation of Southern Africa, with a goal of looking forward to uniting Chinese and African arbitration institutions and creating international dispute resolution rules to the benefit of developing countries. Sino-African legal cooperation is aimed at building a platform for exchange between the Chinese and African legal circles, and to promote
Sino-African cooperation and development, so as to contribute to the realisation of the Chinese dream.

As an important arbitration institution within Asia Pacific, the BAC has endeavored to provide clients with qualified dispute resolution services and to promote the development of the Chinese diversified dispute resolution industry. The establishment of the CAJAC-Beijing will create a larger platform for realising the prospect of building the BAC into a world-class diversified dispute resolution centre. The BAC welcomes colleagues from different circles to continue to pay attention to the diversified dispute resolution industry.


For more Dispute Resolution Special Report in this issue

COVER_DespiteAsia gears up for international arbitration
Developments across the region are supporting the development of alternate dispute resolution mechanisms that will promote further investment into Asia’s …

v14i9_SQ_Katherine Yap350Q&A – Katherine Yap, chief executive of Maxwell Chambers
Singapore’s Maxwell Chambers is an integrated dispute resolution complex housing best-in-class hearing facilities and support services, as well as top international alternate dispute resolution (ADR) institutions. …


IMF_Tom Glasgow
Third-party funding in Asia
Asian-mena Counsel speaks to Tom Glasgow, investment manager for Asia at IMF Bentham, about the environment for third-party funding in the region…


The SCIA’s new rules make it the first arbitration institution in China to hear investor-state arbitrations and administer cases under Uncitral Arbitration Rules.
Related Articles by Firm
Myanmar Opened its Broadcasting and TV Market
The Broadcasting Law 2015 opens commercial licenses for TV or radio for bidding under an independent supervisory authority. This offers wide opportunities to investors from broadcasting infrastructures to broadcasting services.
Clasis Law (India) Newsletter August 2015
Analysis of the revocation of a company's drug patent and other key court rulings and updates on corporate and commercial matters
The new CIETAC Arbitration Rules 2015
The New Rules adopt both best practices and the latest developments in international commercial arbitration and accommodate the increasing needs of the parties arbitrating at CIETAC.
Tanzania: Prospecting for and mining of radioactive minerals
New uranium mining projects have recently been announced in Tanzania. This briefing looks at the legislative framework surrounding radioactive minerals in Tanzania.
Related Articles
Bank Indonesia issues new e-money regulation
The use of e-money has increased along with a growing number of e-money providers in Indonesia ...
Off-plan sales in Dubai: Risks and rewards
Whether buyers are looking to expand their real estate portfolio or buyers are simply looking to find their ideal home, great deals can be found in Dubai’s off-plan real estate sector ...
Big steps, long strides: China’s progress on intellectual property rights
The intellectual property environment in China has seen significant developments over the past 12 months ...
Related Articles by Jurisdiction
Restructuring & Insolvency
In the aftermath of September’s unprecedented financial collapses, the buzz surrounding restructuring and insolvency is at its hottest since the IMF crisis. As practitioners speculate on the direction and manner of R&Is set to hit the region, ...
Draft Implementation Rule Addresses Vague Issues in the Labor Contract Law
The recent draft Implementation Rule reveals Chinese labor authorities’ efforts to clarify vagueness in the implementation of the Labor Contract Law for the past years.
Cross-Border M&A
Last year’s strong M&A activity in Asia has continued in the first half of 2011. In our Special Report, senior lawyers practising in the field share their insights into the factors driving activity, from Asia’s thirst for ...
Latest Articles
Thailand Update: Amendment to Work Permit Law
In response to criticism, the government decided to amend the Emergency Decree on Managing of Foreigners with relaxed penalties ...
Ethical Decision Making Process by Manish Asarkar
Manish Asarkar, legal & compliance head of Black & Veatch, India talks about the value in having strong Ethics and Compliance for companies and how to reatain these values in the decision making process.
Law passed promoting ease of doing business in the Philippines
A law promoting the ease of doing business and efficient delivery of government services took effect this June 2018.