Today, with the tide of globalization and the "the Belt and Road" cooperation advancing in depth, an efficient and credible dispute resolution mechanism has become an indispensable cornerstone of international economic and trade exchanges. Arbitration, as a dispute resolution method originating from the practice of merchant autonomy and independent of the judicial and administrative systems, occupies a core position in the international commercial field due to its unique advantages such as party autonomy, flexible and confidential procedures, final and highly international enforceability of awards. Especially in international arbitration, relying on the widespread effectiveness of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) in over 170 jurisdictions worldwide, cross-border flow and enforcement of awards have been achieved, providing stable and reliable legal guarantees for cross-border commercial activities.

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one thousand nine hundred and eighty-sixSince joining the New York Convention in, the credibility and influence of arbitration services have significantly improved through continuous improvement of the arbitration legal system and promotion of the professionalization and internationalization of arbitration institutions. With the "the Belt and Road" initiative entering a new stage of high-quality development, enterprises are accelerating their "going global" pace, and cross-border investment and trade disputes are increasing. Building an international and professional dispute resolution service platform matching it is not only a realistic demand for the business environment, but also a strategic initiative to serve high-level opening up.In this context, Guangxi, located at the forefront of China ASEAN cooperation, is particularly crucial in combining its geographical advantages with arbitration services. The Guilin Trial Center of Beihai Arbitration Commission/Beihai International Arbitration Court has emerged as an important milestone in this strategic layout. The center is based in Guangxi, backed by the Southwest and facing Southeast Asia, aiming to provide nearby, efficient, and professional arbitration legal services for commercial entities within and outside the region. It is not only a concrete result of implementing the framework agreement for arbitration cooperation between northern Guangxi, but also carries the mission of extending the arbitration service network, meeting market demand, and helping to build an international commercial arbitration service platform for ASEAN.

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In this issue of Ningdian Interview, Cao Huichun, the founder of Guilin Court Trial Center, was invited to explain the strategic thinking of the Center in serving the construction of the "the Belt and Road" and expanding the layout of Southeast Asia, share the practical application and value of international arbitration, and look forward to how Chinese arbitration can better safeguard the legitimate rights and interests of enterprises and participate in the construction of rules on the international stage.

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Cao Huichun: Thank you for your publication's attention and interview invitation. I am pleased to hear that Qingqiao Magazine is committed to promoting cultural exchanges and people to people connections between China and ASEAN countries, which is highly in line with our arbitration institution's mission of serving regional economic and trade cooperation and enhancing mutual trust through the rule of law. I am happy to share my insights and our center's practices regarding the questions raised by your journal.

What is the background and original intention of the establishment of Guilin Trial Center of Beihai Arbitration Commission/Beihai International Arbitration Court?

China itself

Cao Huichun: The Guilin Court Trial Center was established in September 2018 and is a convenient service facility set up by the Beihai Arbitration Commission/Beihai International Arbitration Court in Guilin. Our original intention is very clear: to be close to the market and serve the local economy. Guangxi, especially Guilin, is an important gateway to ASEAN.

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With the increasingly close economic and trade exchanges between China and ASEAN, commercial disputes have also increased. The establishment of a court trial center in Guilin aims to provide efficient and convenient arbitration legal services for local and surrounding enterprises nearby, and deliver professional dispute resolution resources to the doorstep of entrepreneurs. We adhere to the concept of "returning business to arbitration and involving chambers of commerce and associations in arbitration". The arbitration system itself originates from the autonomous practice of businessmen, and we hope to build a dispute resolution platform that is closer to business logic and judged by industry experts.

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The center actively establishes cooperation with various chambers of commerce, industry associations, and entrepreneur associations in order to better understand, trust, and utilize arbitration as a "treasure in the legal toolbox" by market entities. Since its establishment, the center has been committed to contributing professional strength to optimizing the rule of law business environment through cooperation with organizations such as enterprise and entrepreneur associations to hold training sessions.

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The specific application of foreign-related arbitration and international arbitration

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What are the scenarios？Cao Huichun: Foreign arbitration awards and international arbitration awards are recognized globally under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (i.e. the New York Convention)

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More than 170 contracting states (jurisdictions) have been recognized and enforced, with extremely high cross-border liquidity. Typical application scenarios: including but not limited to disputes over international goods sales or service contracts, cross-border joint venture cooperation disputes, international engineering contracting and infrastructure construction disputes, as well as cross-border disputes involving intellectual property, shipping, and finance.What are the highlights and advantages of international arbitration in resolving cross-border commercial disputes?

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Cao Huichun: Compared to cross-border litigation, international arbitration has significant advantages:

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1. Neutrality: Both parties may choose a neutral third country as the place of arbitration to avoid any potential protectionist concerns that either party may face in litigation in the courts of the other country.

2. Professionalism: Parties may choose arbitrators who are proficient in specific industries or legal fields to ensure that the adjudicators understand complex commercial and technical issues.

3. Confidentiality: Arbitration procedures and awards are usually not made public, which is beneficial for protecting the trade secrets and reputation of the parties involved.

4. Final and efficient: Arbitration awards are generally final, avoiding lengthy appeal procedures and allowing for faster resolution of disputes.

5. Global enforceability: As mentioned earlier, relying on the New York Convention, awards can be enforced globally, which is incomparable to court judgments.

Since the establishment of Guilin Trial Center of Beihai Arbitration Commission/Beihai International Arbitration Court

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Representative construction achievementswhat areCao Huichun: As a branch institution, the Guilin Court Trial Center has included its cases in the overall scope of acceptance of the Beihai Arbitration Commission. Since its establishment, relying on the platform and resources of the headquarters, we have achieved solid and constructive results:Cao Huichun: Foreign arbitration awards and international arbitration awards are recognized globally under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (i.e. the New York Convention)

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1

Case handling capability: From 2017 to June 2024, the Beihai Arbitration Commission has successfully handled 69 foreign-related cases involving a total amount of 1.72 billion yuan, which fully demonstrates the institution's professional ability to handle complex and large-scale cross-border commercial disputes.2

2、Standardization and professionalization construction: Beihai Arbitration was approved as the first national pilot project for "Standardization of Arbitration Legal Services" in 2022. We will comprehensively standardize service processes, case management, arbitrator behavior, etc., and promote this set of standards to ASEAN through overseas branches. At the same time, the center also collaborates with research institutes of higher education institutions such as the Law School of Guilin University of Electronic Science and Technology and the School of Sociology and Law of Nanning Normal University to establish venues and bases for arbitration research and practice, promoting the integration of industry and education.

3Major cooperation achievements: In December 2024, the North Sea Arbitration Commission and the Vietnam China International Commercial Arbitration Center successfully jointly held the International Commercial Arbitration Legal Forum in Ha Long, Vietnam, and signed a cooperation framework agreement and mutual appointment of arbitrators, which is an important step in deepening China Vietnam arbitration legal cooperation.

Driven by the "the Belt and Road" and the Regional Comprehensive Economic Partnership Agreement (RCEP), two-way investment and economic and trade exchanges between China and ASEAN have become increasingly close, and the resulting demand for international commercial dispute resolution has grown significantly.ForSoutheast AsiaHow is the market laid out?

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Cao Huichun: In the regional layout of Southeast Asia, we regard Thailand as a key pivot for international arbitration.

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Mainly based on the following considerations:

1. Thailand's neutral image and international recognition: Thailand has long pursued a balanced foreign policy, with a mild and inclusive national character. Its national image is widely recognized by the international community for its neutrality and affinity, providing a suitable political and social environment for the establishment of a fair and credible international arbitration institution.

2. An important gathering place and hub for Chinese businessmen: Thailand is the core of the Southeast Asian Chinese business network, with a strong economic foundation and active commercial activities among the Chinese. Establishing an institution here can directly and effectively serve the vast number of Chinese entrepreneurs and meet their legal needs. At the same time, Thailand is located at the center of ASEAN, which can radiate to countries in the Mekong River Basin such as Myanmar, Laos, and Cambodia, forming a strategic network that covers a wider range and serves global Chinese businesses. Thailand is one of the countries with the highest concentration of Chinese businesses in Southeast Asia, and the Chinese economy has far-reaching influence, providing a natural customer base and cultural bond for arbitration institutions.

3The practical needs of service "going global" subjects: With the deepening of the "the Belt and Road" initiative, Chinese enterprises and Chinese businessmen have increasingly increased their investment and projects in Thailand and surrounding countries, and there is an urgent need for efficient and reliable localized dispute resolution services. Establishing institutions in Thailand is precisely to be close to the market and customers, providing full chain legal protection from risk prevention and control to dispute resolution.

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What challenges is your company currently facing in its development? What is the direction and vision for future development?

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Cao Huichun: Currently, arbitration, especially foreign-related arbitration and international arbitration, is still a relatively "niche" emerging service for many enterprises. Its value and procedural advantages have not yet been recognized by the majority of enterprises, especially small and medium-sized enterprisesInsufficient understanding, some enterprises are not familiar with arbitration, and when encountering commercial disputes, they only know about litigation, or have limited knowledge of arbitration institutions and arbitration clauses, and do not attach enough importance. Continuous market cultivation and legal education work are needed.

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In the future, we will focus on the following aspects: firstly, deepening regional cultivation, with a focus on enhancing localized service capabilities and institutional influence in Thailand and other places. At the same time, we will strengthen technological empowerment, improve online arbitration platforms, and use technologies such as artificial intelligence to enhance cross-border arbitration efficiency. In addition, it is necessary to strengthen professional popularization and continue to carry out publicity and practical training on the arbitration system for enterprises. Create distinctive service products. Actively promote our "standardized" service system in combination with the "the Belt and Road" initiative, and export trustworthy "China's arbitration service standards".

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Recently, a highly anticipated case in the international arbitration community by the Beihai International Arbitration Court - the ruling in this case involvesThe disputed amount of 600 million RMB has undergone a significant reversal from "initial recognition" to "final revocation of the execution order" in Singapore.youHow do you view the reversal of this case?

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Cao Huichun: According to the Arbitration Law of the People's Republic of China and our institution's arbitration rules, information on specific arbitration cases should be kept confidential in accordance with the law, and I cannot disclose relevant details. But taking this opportunity, I must combine the principles and practices of the New York Convention to emphasize several crucial understandings.

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One is that the exercise of rights is time sensitive: the "global enforceability" of an award is not a perpetual state. According to the Interpretation of the Supreme People's Court of China on the Application of the Civil Procedure Law and other regulations, the period for parties to apply for recognition and enforcement of foreign arbitration awards is two years, calculated from the date of expiration of the performance period stipulated in the award, and the provisions on the suspension or interruption of the statute of limitations shall apply. The rights holder must actively and promptly exercise their rights. As shown in the case of Liao01 Xiewai Recognition No. 7 (2020), if the statutory deadline is exceeded and there is no reason for it to be determined, the court will not support it. This serves as a warning to all winning parties that, upon obtaining a favorable ruling, they must immediately monitor the debtor's property movements and promptly apply to the intermediate people's court with jurisdiction upon discovering enforceable property.

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The second is a high level of vigilance against the abuse of "public policy" provisions: although Article 5 (2) of the New York Convention allows refusal of enforcement on the grounds of violating the "public policy" of the country of enforcement, the original intention of this provision is to defend the most fundamental moral and justice principles in the legal system of that country, and should be strictly and humbly applied. In practice, it is necessary to be highly vigilant that some courts may generalize it as a "pocket clause" of "local protectionism". Any decision to invoke the "public policy" clause must be accompanied by sufficient, rigorous, and specific legal arguments to explain why the ruling violates the fundamental principles that cannot be surpassed by the country. The general refusal to implement without detailed reasoning challenges the uniformity and authority of the New York Convention, and damages the confidence of the international business community in cross-border dispute resolution mechanisms.

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Therefore, promoting the universal, consistent, and strict adherence to the New York Convention has far-reaching significance. From a macro perspective, this is defending the multilateral order based on international law and providing legal support for building an open world economy and a community with a shared future for mankind. From a micro level perspective, this directly concerns the vital interests of every cross-border business participant and is the most solid support for safeguarding the legitimate rights and interests of overseas "going out" enterprises.

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We call on the international community to jointly uphold the seriousness of the New York Convention and oppose any protectionist actions that lack legal basis. We will also continue to provide professional and standardized arbitration services to help parties obtain internationally verifiable rulings, and firmly safeguard their legitimate rights and interests through legal means.

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Finally, we look forward to having more exchanges with friends from all walks of life through the valuable cultural platform of "Qingqiao" magazine, and jointly contributing to the promotion of economic and trade cooperation and mutual trust in the rule of law between China and ASEAN.