Speech by Dr. LIU Chao, Secretary-General of the ICDPASO, at the World Law Congress Colombia 2021
Distinguished guests, ladies and gentlemen,
Good day to all the panelists from different places in the world. It’s 4:30pm in Colombia, the busy day is about to end, it is 5:30am in Beijing, a busy day just begins.
First of all, I add my voice of thanks to the World Jurists Association for hosting this congress, and for their considerable efforts in preparing for this successful panel. As the Secretary-General of the International Commercial Dispute Prevention and Settlement Organization (ICDPASO), a new international organization, I am honored to be invited to participate in the World Law Congress, which is known as the “Olympics” in the legal community.
ICDPASO is a non-governmental, non-profit international organization. It established on October 15, 2020. At the Inaugural Ceremony, Chinese Premier Li Keqiang and Malaysian Prime Minister Tan Sri Dato Muhyiddin Yassin sent congratulatory letters. International organizations such as the United Nations Commission on International Trade Law, the World Intellectual Property Organization, and the International Civil Aviation Organization expressed their congratulations in different ways. As the Secretary-General of the ICDPASO, I am very honored but deeply felt that the mission on my shoulder is arduous and the responsibilities are heavy.
Since the establishment of the ICDPASO for one year and one month, upholding the concept of "consultation, contribution, and shared benefits", we have carried out various pragmatic tasks. Taking this opportunity, I would like to introduce the ICDPASO on the following two points:
Firstly, why should we set up ICDPASO?
It is universally acknowledged that the frictions and disputes that have occurred in the current development of international trade and investment have been increasing. The demand for disputes prevention by the business communities and relevant government departments of many countries has raised significantly. And it is hoped that preventive methods can be used to avoid disputes. With extensive and in-depth research and drilling down the needs and sore spots of the business community, we have learned that the existing dispute settlement mechanisms remain many problems. These problems include long time, high cost, and low efficiency, however, the reform of the existing mechanism can no longer keep up with the changes of international trade and investment environment. In response to the urgent needs of the global business community for disputes prevention, and higher requirements for fair and efficient disputes resolution services, the ICDPASO emerged as the times require. ICDPASO is the only existing international platform in the world that integrates dispute prevention and settlement. Providing disputes prevention services has become the primary tasks and important missions of the ICDPASO. Besides, the establishment of the ICDPASO also provides the international community with new options for disputes settlement. ICDPASO also provides international, professional and convenient public legal services for the global business community, and promotes the optimization of the law-based international business environment. ICDPASO will make contribution to the construction of a fair and reasonable international economic order.
Next, what businesses will ICDPASO do?
Firstly, ICDPASO will develop disputes prevention services
Disputes prevention will be implemented from the perspective of legislation. There is a saying goes: good laws make good governance. Only through good laws to promote good governance, can we achieve the goal of high-quality rule of law of the international community. ICDPASO will work together with the business communities, universities, think tanks, and legal service providers around the world to investigate, collect, analyze, and sort out the laws and policies, rules and regulations that are being formulated or about to be promulgated by the international community or different countries. By doing so, ICDPASO will, from the perspective of a third party, provide neutral and objective suggestions to enhance the legislative work more scientific, professional and pertinent. In this way, ICDPASO can make contribution to the prevention of disputes with high-quality legislation.
Disputes prevention will be implemented from the perspective of law abiding. ICDPASO will actively interact with governments and business communities to track and evaluate the effects of law enforcement from a neutral perspective and objective evaluation methods. ICDPASO will provide consulting and training, risk warning, legal identification, compliance promotion, business negotiation, public relations lobbying, bankruptcy and reorganization, and other disputes prevention services for the global business community. In addition, ICDPASO will provide public legal services, such as assist to publicize and promote a series of model laws and model contracts launched by the United Nations Trade Law Commission, the World Intellectual Property Organization, the International Chamber of Commerce, the International Organization for Standardization, the World Jurist Association, and the International Bar Association.
Secondly, ICDPASO will develop disputes settlement services
ICDPASO will resolve commercial disputes in a flexible (non-confrontational) manner. Up to now, we have resolved over 200 cross-border trade disputes cases through consultation and negotiation. These cases were submitted to ICDPASO by commercial entities from more than 20 countries and regions including the United States, Russia, and India,etc.
According to the needs of business development, the ICDPASO will establish the Court of Commercial Mediation and Panel of mediators who will be from all over the world. This will be the world's first professional commercial mediation court among non-governmental organizations. The court will provide global, international, and diversified commercial mediation services for the international community.
ICDPASO will take the Model Laws formulated by the United Nations International Trade Law Commission as blueprints, fully absorb and draw on the advanced experience, and launch the ICDPASO Commercial Arbitration Rules. Our arbitrators will come from different jurisdictions around the world. And ICDPASO is committed to providing cost-effective, high-efficiency, and high-quality commercial arbitration services.
ICDPASO will also enhance the efficiency and fairness of litigation in different countries in the settlement of commercial disputes by publishing the Global Judicial Civilization Index.
In addition, we will launch services of investor-state arbitration in a timely manner in response to the needs of the international business community.
Thirdly, ICDPASO will develop global talent training
In order to ensure the full development of the above mentioned commercial dispute prevention and settlement services, ICDPASO will work with the international community to jointly undertake the important task of cultivating global legal talents. In view of this, we must turn zero-sum into a win-win situation, jointly practice true multilateralism, support the international system with the United Nations as its core, the international order underpinned by international law, and the basic norms governing international relations underpinned by the purposes and principles of the UN Charter. Under this framework, we welcome legal talents from all countries and regions to visit the headquarter of ICDPASO, and have more opportunities to exchange ideas and learn from each other. ICDPASO will make our due contribution to the training of legal talents who truly serve the international community and the construction of a community with a shared future for mankind.
Until now, the ICDPASO is composed of 51 members including national chambers of commerce, legal service institutions, universities and think tanks. Our members are from Asia, Europe, Africa, South America and North America. We hope to establish liaison, strengthen exchanges and carry out cooperation with all participating institutions today. We sincerely invite you to join the ICDPASO family and jointly work as builders of global legal governance, defenders of the international legal order and contributors of commercial legal services.
Many thanks again and keep in touch!
About World Law Congress
The World Law Congress (WLC) is an international event organized by the World Jurist Association (WJA), which holds its Biennial Congress within the framework of the so-called Davos of Law. During the WLC, more than 2,000 worldwide leaders gather to discuss current matters that the legal community should address. At the WLC, the most distinguished jurists, heads of State, chief justices, academics, politicians, businessmen, ambassadors and other professionals whose career converges with law-related discuss topics of human rights, financial litigation, education, constitutionalism, intellectual property, free journalism, democracy and others as well. As a leading worldwide event, the WLC has a great influence and is known as the "Olympic" Congress of the legal community, providing a broad platform and multiple channels for exchanges and cooperation among legal professionals around the world.