Salient Features of CMAC

 

1. A Wide Scope of Jurisdiction
CMAC is the only and unique arbitration organization which is featured by admiralty, maritime, logistics related disputes resolution in China. With the development of national maritime economy, ocean-related industries, multi-modal transportation and the logistics industries, the service of CMAC has expanded into new areas such as shipping finance, shipping insurance, logistics, aviation, ocean-related projects, the exploration of maritime resources, etc.

2. Impartiality and Fairness
As a major international arbitration institution, CMAC is subject to no interference by administrative organs, organizations or individuals. CMAC arbitrators including those nominated by the parties represent neither party in the arbitration procedure, fairly treat the parties, independently and justly examine the case. In the past decades, the CMAC awards which are considered to be impartial and authoritative have won CMAC great reputation among the parties and the arbitrators at home and abroad.

3. Advanced Arbitration Rules
CMAC arbitration rules respond to what the international maritime arbitration practice calls for, widely refer to the examples of other countries and reflect the latest development of international (maritime) arbitration. The rules feature the equal status of both parties, transparency and efficiency of arbitration procedures and other advantages of arbitration by highlighting the party autonomy while leaving the tribunal more discretion over the arbitration procedure.

4. High-Level and Internationalized Panel of Arbitrators
CMAC arbitrators are selected among the Chinese and foreign experts specializing in shipping, insurance, finance, corporation management, logistics, architecture, law, etc. The Panel of Arbitrators includes Chinese arbitrators with a global outlook and a good command of international rules and world-known foreign arbitrators.

5. Professional and Efficient Case Managers
CMAC has a reasonably structured team of efficient and impartial case managers who graduate with a master degree or above in civil law or maritime law from top universities at home and abroad and can speak both Chinese and English as working language.

6. Diversified Services of Dispute Resolution
CMAC provides diversified services of dispute resolution, which include:

◆ Pre-arbitration mediation+arbitration: The parties can submit the disputes to Maritime Mediation Center of CMAC for mediation in accordance with the Mediation Rules before the arbitration procedure starts .Where the parties have reached a settlemenatg reement by themselves through negotiation or mediation, either party may, based upon an arbitration agreement concluded between them that provides for arbitration by CMAC and the settlement agreement, request an arbitration tribunal formed to make an award or mediation statement.

◆ Mediation in arbitration: Where the parties have reached a settlement agreement by themselves through negotiation or mediation by the tribunal in the arbitration procedures, either party may, based upon Arbitration Rules of CMAC and the settlement agreement, request CMAC to constitute an arbitral tribunal or request the arbitral tribunal which has been formed to render an arbitral award and mediation statement in accordance with the terms of the settlement agreement.

◆ Mediation commissioned by the people’s court+arbitration: Upon the agreement of the parties, the people’s courts may commission CMAC to mediate the cases submitted to the courts. Where the mediation has led to a settlement agreement, a fast arbitration procedure can transform it into an arbitral award.

◆ Industry mediation+arbitraion: CMAC provides professional “mediation&arbitration” services for different industries by cooperating with specific industry associations, resolving the disputes quickly and efficiently.

7. Comparatively Low Costs
Arbitration is comparatively economic for the parties because the arbitral award is final and binding and the arbitration procedure is efficient. In addition, the arbitration fees of CMAC are lower than those of other domestic and international major arbitration institutions.

8. Other Services

Draft the Standard Contract to Offer the Parties Convenience
Since its establishment, CMAC has been dedicated to drafting industry-specified standard contract by cooperating
with different industry associations to lower the legal risks of the companies and serve the parties. The series of CMAC standard contracts include:
◆ Shipbuilding Standard Contract

◆ Freight Forwarding Standard Contract

◆ Ship Recycling Standard Contract

◆ Shipping Finance Standard Contract

◆ Voyage Charter Standard Contract

◆ Crew Labor Standard Contract
Tips: You can download the contracts from the official website of CMAC or email us to request the digital version of all these standard contracts.

Training
CMAC and its sub-commissions regularly hold training activities and seminars on arbitration laws
and industry-specific legal issues based upon its prominent team of experts, which effectively helps the corporations and lawyers to prevent legal risks.

The Publication of Case Award Collection and Theoretical Research Results
Since 1985, CMAC has published several case award collections which gather different types of arbitration cases taken by CMAC . CMAC releases Annual Report of China Maritime Arbitration and other publications every year, paying close attention to the latest development of commercial disputes resolution at home and abroad, probing into the hot issue of the year in significant fields, giving a full picture of the present situation and trend of maritime dispute resolution at home and abroad.