In order to better implement the spirit of the 5th Plenary Session of Hong Kong/Shanghai Cooperation Conference, deepen the exchange and interaction between Shanghai and Hong Kong ADR institutions, and promote the 6th Hong Kong-Shanghai Commercial Mediation Forum, Naiwei Chen, the Vice Chairman of Shanghai Commercial Mediation Center (hereinafter referred to as “SCMC”), led a delegation of SCMC International Trade Committee Director Jiyu Yuan, Intellectual Property Committee Deputy Director Zhenyuan Hu, and SCMC Project Director Chao Tang to visit Hong Kong from November 30 to December 3 in 2022, visting Paul T K Lam, the Secretary for Justice in the Hong Kong Department of Justice (hereinafter referred to as “DOJ”), Rimsky Yuen, Co-chairperson of the Hong Kong International Arbitration Centre (hereinafter referred to as “HKIAC”) and Barrister Ling Chun Wai, the Chairman of the Hong Kong Bar Association Mediation Committee (hereinafter referred to as “HKMC”). They had an in-depth exchange of views on matters of mutual interest and reached a consensus on further deepening cooperation between relevant institutions in Shanghai and Hong Kong.

Series I: SCMC Delegation Visited DOJ

The DOJ has always attached great importance to the cooperation between legal and dispute resolution institutions in Shanghai and Hong Kong. SCMC is the first Mainland mediation institution that the DOJ has received since the epidemic, and Mr. Lam, welcomed the delegation.

Mr. Lam learned about the recent development of SCMC in detail, expressed his concern about the preparation of the 6th Shanghai-Hong Kong Commercial Mediation Forum, and hoped that the forum could achieve a new breakthrough in terms of theme, scale and format based on the good results of previous years. Mr. Lam suggested that the forum could focus on international commercial mediation themes such as cross-border enforcement of commercial mediation agreements and the mediation-arbitration interface to further enhance more efficient mediation services and create a mutually beneficial and win-win economic and trade environment for commercial entities, which is in line with the Central Government's positioning of Hong Kong and a common expectation of Shanghai and Hong Kong.

Mr. Chen offered his appreciation to Mr. Lam for his busy schedule, and introduced the recent development of SCMC and the previous Shanghai-Hong Kong Commercial Mediation Forum. He said that SCMC has been supported by the Supreme People's Court and the DOJ, especially the Shanghai-Hong Kong Commercial Mediation Forum, which has become an important tool to help the HKSAR build a highland for commercial mediation in the Asia-Pacific region after five sessions. Witnessed by then Shanghai Mayor Yong Ying and then Chief Executive of HKSAR Carrie Lam in 2018, the Forum has become one of the regular cooperation and exchange programs between Shanghai and Hong Kong, and has received unanimous concern and recognition from the governments of Shanghai and Hong Kong. We expect that the holding of the 6th Forum will continue to promote the strength and status of Shanghai and Hong Kong in dispute resolution in the Asia-Pacific region.

SCMC Delegation Visted DOJ

They also met with Horace CHEUNG (Deputy Secretary for Justice), Clifford TAVARES (Principal Government Counsel) and Venus CHEUNG (Deputy Principal Government Counsel).

Series II: SCMC Delegation Visited HKIAC President Rimsky Yuen

During the visit to HKIAC, Mr. Chen initially expressed his gratitude to Mr. Yuen for the elaborate arrangements for SCMC's visit to Hong Kong.

Vice Chairman Naiwei Chen had an in-depth exchange with President Rimsky Yuen

As the President of HKIAC, Mr. Yuen highly affirmed that the two sides have always maintained close interactive exchanges over the past ten years and was confident of closer cooperation in the future. Mr. Yuen also made many very effective suggestions for the interaction and exchange between HKIAC and SCMC.

Mr. Chen gave a detailed introduction of SCMC to Mr. Yuen and presented him with the "Shanghai-Hong Kong Commercial Mediation Casebook".

Photo of the Participants Visiting HKIAC

The activities were also attended by Dr. Mariel Dimsey (Secretary-General of the HKIAC), and Mr. LO Stanley (Vice Chairperson of the Hong Kong Mediation Council).

Series III: SCMC Delegation Visited HKMC

Upon being informed of SCMC delegation's visit, Mr. Dawes Victor, the Chairman of Hong Kong Bar Association, immediately arranged a discussion and exchange between the HKMC and the delegation. Mr. Chen introduced the basic situation of SCMC to Mr. Ling Chun Wai, and said that although commercial mediation in the Mainland has been developed significantly in recent years, there is still much room for development compared with the more comprehensive ADR mechanism in Hong Kong, and he looked forward to further cooperation between the two sides in the future.

As the Chairman of the HKMC, Mr. Ling Chun Wai extended a warm welcome to the SCMC delegation and introduced the latest developments in Hong Kong and international commercial mediation to the SCMC delegation, sharing the efforts made by the HKMC in mediation training in recent years, which was highly endorsed by the SCMC delegation. Both sides hope to cooperate in areas such as mediator training, thematic forums and cross-border mediation.

Photo of the Participants of the Seminar

Barrister LAI Tsz kin , mediator of HKMC, and Barrister Mok Cheuk Yuen, serving in the Secretariat of HKMC, attended the meeting.

Series IV: Welcome Reception hosted by the Hong Kong Mediation Council

On the evening of December 2, HKMC held a special welcome reception for the SCMC delegation, which was attended by Head of SCMC Delegation Naiwei Chen, Jiyu Yuan, Zhenyuan Hu and Chao Tang. Chairman TO Christopher and Vice-Chairperson Lo Stanley and MA So So Josephine of HKMC, Honorary Treasurer HO Chun Kit Patrick, Barrister LAI Tsz kin and Business Manager Cheung Sai Man attended. During the event, the heads of mediation institutions in Shanghai and Hong Kong had a warm exchange and a very cordial relationship, laying a good foundation for future bilateral interaction.

It is the first visit of SCMC to Hong Kong since the epidemic. The arrangement of this visit is strongly supported by the Liaison Office of the Central People's Government in the HKSAR, the Hong Kong and Macao Affairs Office of the Shanghai Municipal People’s Government and the Hong Kong Economic and Trade Office in Shanghai. This visit shows the progress SCMC has made in recent years in standardization, professionalization and internationalization, and also opens a new chapter for SCMC to deepen international exchanges and help Hong Kong build a highland in Asia-Pacific dispute resolution, contributing Shanghai experience and Chinese solutions to the prosperity and stability of cross-border trade and commerce in the post-epidemic era!