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WMAA CIETAC Canada China Arbitration Law Seminar

On September 14 (Vancouver time), as part of China Arbitration Week 2021, the China-Canada Arbitration Law Seminar co-hosted by Vancouver Maritime Arbitrators Association (VMAA) and China International Economic and Trade Arbitration Commission (CIETAC), co-sponsored by the CIETAC North America Arbitration Center was held online.

The experienced legal professionals, Ms. Catherine H. Liang, JJ McIntyre, Jerry Zhang, Ms. Shelley Chapelski, Tim Meng, and Peter Swanson from the two jurisdictions, discussed some hot issues about “Choosing Vancouver As the Place of Arbitration”, “Historical context: Canada’s adoption federally and provincially of Model Law and the New York Convention”, “To Be a Model Law Country or Not to Be: an Analysis of the New Draft Arbitration Law in China “, “Arbitration Agreements and Their Enforcement by Canadian Courts & Interim Measures of Arbitration in Canada”,  “Arbitrator’s Duty of Disclosure in China” and “Enforcement of Arbitration Awards under Canadian law” respectively. The presentations were live-streamed to companies, institutions and professionals and questions from the online participants were answered directly. The lectures were of practical significance for the understanding of the state and acceptance of arbitration in the two countries.

Mr. Wang Chengjie, Deputy Director and Secretary-General of CIETAC, delivered an opening speech on behalf of the organizers, saying that the CIETAC North America arbitration Center is active to provide fair, efficient and comprehensive arbitration for parties in Canada, North America and around the world. The meeting was chaired by Mr. Dennis Pong, chairman of VMAA. He delivered the closing remark and emphasized that both of the institutions will further cooperate and jointly promote the integration and development of international arbitration.

Resolution 2021

Our 2021 Resolution featuring articles written by our directors can be viewed below:

2021 VMAA Annual General Meeting

VMAA hosted the 2021 AGM virtually at noon on June 29, 2021.

In the AGM, Dennis Pong, President of VMAA reported VMAA activities during the period of June, 2020 to June 2021 including the hosting of a virtual seminar and attending a virtual CIETAC Cup held in Beijing in November, 2020 as a warm up on the William C. Vis International Arbitration Moot. Mr. Pong also mentioned VMAA has published the 2021 Resolution, an VMAA magazine and is in the process of mailing to the members by the secretary.

Mr. JJ McIntyre, Vice President and treasurer reported on the financial which is in healthy condition due to less expenses and advertisement income.

Mr. John Young, Secretary of the Association reported on the membership situation and suggested that VMAA should promote more commercial expert as well as legal profession to join the membership. Membership including Arbitrating member, Individual Supporting member and Corporate Member. Mr. Young suggested that VMAA should start a membership drive starting in the 2021 fall session.

In the AGM, VMAA has nominated Ms. Lindsay Sutton of Pangea Logistic to be an Arbitrating member. VMAA also nominated two new directors to the board, they are Ms. Lindsay Sutton of Pangea Logistic and Ms. Shelley Chapelski of Norton Rose & Fulbright.

The 2021 VMAA board is as follow:

Officers

Dennis Pong                       President

JJ McIntyre                         Vice President & Treasurer

John Young                         Secretary and Membership

Directors

Alex Smith

Catherine Liang

David Read

Geoff McNeill

Lindsay Sutton

Peter Koh

Peter Swanson                  Past President

Shelley Chapelski

In addition, both Peter Wright and Daryl Raibl are Honorary Life President

“Terms of Sale: FOB vs. CFR” Seminar

 Jarrett Beatty, Dennis Pong, Daryl Raibl & Peter Swanson

 

In its continuing effort to provide topical and informative seminars, the VMAA hosted its first seminar of 2013 on Wednesday, January 23, 2013 at the Bentall V conference center.   The seminar was entitled “Terms of Sale: FOB vs. CFR” and featured four presenters having special experience in the field of the sale and transportation of goods.   The speakers were Daryl Raibl of CTL Westrans, representing the broker’s view, Jarrett Beatty of Parrish and Heimbecker, Limited,  representing the vendor’s view, Dennis Pong of Marsh Canada, representing the insurer’s view and Peter Swanson of Bernard & Partners, representing the legal view.   The seminar was extremely well attended  having sold out a week in advance.

 As to the discussion, the presenters covered the meaning of the general sales terms, FOB, CFR and CIF.  They then discussed some of the advantages and disadvantages of selling goods on FOB, CFR or CIF terms with Mr. Raibl setting out the general obligations under the different terms.  Mr. Beatty provided an excellent vendor perspective on why many sellers will often prefer to sell CIF if they can.  Mr. Pong provided a detailed overview of the different types of insurance that may be used in the context of such transactions and the scope of cover typically provided.   And finally, Mr. Swanson wrapped up with a discussion of the law as it relates to FOB, CFR and CIF transactions.

The next VMAA seminar is tentatively scheduled for early March and will deal with terms of carriage, including the carriage of goods on FIO vs. Liner terms.