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Alternative Dispute Resolution Arbitration JAMS International & Cross Border

Cross-Border Collaboration Takes Center Stage

JAMS attends 2019 San Francisco Summit on Commercial Dispute Resolution in China

On August 7, 2019, the U.S. and China, together with 44 other countries, signed the Singapore Convention, symbolizing recognition and enforcement of cross-border mediation settlement agreements.  JAMS has been working with many institutions in China to develop a collaborative working relationship and encourage clients to consider how best to use alternative dispute resolution (ADR) both there and in the United States. Because of the timing of this event, before the signing of the Singapore Convention, the focus was on international arbitration; however, there was some discussion about a broad range of ADR options that are available to resolve cross-border disputes.

The Beijing Arbitration Commission/Beijing International Arbitration Center (BAC) has presented an annual summit for the past six years, but 2019 was the first time that it was held in the United States.

The BAC has welcomed JAMS into its offices and presented a number of joint events in Beijing, most recently in April. It was now our turn to welcome the BAC to San Francisco as part of its tour of the United States. A pre-event took place at the JAMS San Francisco Resolution Center, which provided an opportunity to relax, mingle and enjoy Chinese food and a range of local food and drink. This was a welcome break from a very packed schedule, as the BAC had already visited Toronto and New York that week.

The following day, the BAC, JAMS and the Silicon Valley Arbitration & Mediation Center presented the 2019 San Francisco Summit on Commercial Dispute Resolution in China, which was held at The Westin St. Francis. Welcome remarks were given by representatives from each institution. Of particular note, Dr. Fuyong Chen, the BAC’s deputy secretary-general, when asked why the BAC had selected San Francisco, replied, “Why not?” He talked about the importance of collaboration and the opportunities that exist in the United States for Chinese companies.

Two of the summit’s aims were to publicize the BAC’s annual report and to discuss some of the issues that currently face cross-border arbitration. Participants came from both the United States and China, and are experienced in Sino-American ADR. However, the main focus was on the opportunities that cross-border businesses can provide, as well as how effective dispute management (such as mediation, arbitration or a hybrid process) is the most practical way to resolve commercial difficulty.

We were fortunate to capture some of the main themes and reactions from the annual summit in this video.

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