Latest News

  • 20th CIETAC Cup
  • Canada-China Symposium on Hotspots in International Arbitration held online

    Vancouver time 6:30pm on September 1, 2022, and Beijing time 9:30am on September 2, 2022, “Canada-China Symposium on Hotspots in International Arbitration — The Enforcement of Arbitration Agreements and the Impact of Sanctions on International Arbitration”, sponsored by Vancouver Maritime Arbitrators Association (VMAA) and China International Economic and Trade Arbitration Commission (CIETAC) and co-organized by CIETAC North American Arbitration Center, was held online as scheduled.

    The seminar was chaired by Ms. Catherine H. Liang, the Vice President of VMAA. Mr. Wang Chengjie, Vice Chairman of CIETAC, delivered the opening speech. Mr. Wang extended a warm welcome to the participants and expressed his gratitude to VMAA. He mentioned that this seminar focuses on the enforcement of arbitration agreements and the impact of sanctions on international arbitration, which is of practical significance. China and Canada enjoy a time-honored friendship with steady growth in bilateral trade and close exchanges in legal, cultural and other fields. He also pointed out that CIETAC is willing to work with the Canadian legal community to promote international arbitration.

    Mr. Peter Swanson, the Founding Partner of Bernard LLP, spoke on the “Enforcement of Agreements to Arbitrate by Canadian Courts: the Curious case of s.46 of the Marine Liability Act”.  Mr. Swanson shared how the enforcement of arbitration agreements by Canadian courts has evolved over the past 25 to 30 years, and how Section 46 of the Maritime Liability Act can affect the enforceability of arbitration agreements to some extent. On the whole, however, the spirit of the Model Law has been well implemented in the practice of the Canadian courts.

    Dr. Jerry Zhang, Director of Beijing Linli Law Firm, shared the “Recognition and Enforcement of Arbitration Agreements in China”. Through cases analysis, Dr. Zhang discussed the application of law, the selection of institutions and jurisdictions. Using the BNA vs. BNB case analysis, he explores the question of whether Chinese or foreign law is applicable when the parties choose a foreign arbitration institution but the arbitration venue is in Shanghai, China. In the recent Brentwood case, which was arbitrated by the ICC in Guangzhou, China, the court ruled that the decision could be applied for enforcement by reference to the foreign-related arbitration award in China. He pointed out that this would open up new prospects for the market of international arbitration institutions to conduct arbitration in China. Download Dr. Zhang’s Presentation.

    Mr. JJ Mclntyre, President of the VMAA, discussed the “Impact of Sanctions on International Arbitration”. In February, the European Union and many other countries announced sanctions against Russian states, Russian entities and individuals for affecting and disrupting global markets. Russian banks were removed from the SWIFT. All of these sanctions inevitably affect the performance of relevant contracts. He described a number of cases of sanctions where parties needed to know whether there was a termination or suspension clause in their contract that could deal with the sanction. When it comes to Force Majeure clauses, Mr. Mclntyre points out that Quebec is a civil law jurisdiction and its Civil Code has Force Majeure clause, while the relative law of the common law would be governed by an exemption of atrocity in cases of Frustration and Non-performance of a contract. For international arbitrators, the need to search for whether the company has been sanctioned is a new challenge.

    Mr. David Gu, a partner of Junhe Law Firm, discussed the impact of sanctions on international arbitration from Chinese perspective. He noted that sanctions could lead to disruptions in international trade and the flow of goods. He referred to a number of legal problems arising from the sanctions affecting international trade and delivery by transport companies, as well as international payments and contract fulfilment. As a country of civil law, China has special clauses on Force Majeure and the Principle of Change of Circumstances. The parties concerned should first consider stating them in the contract, and pay attention to the issues of predictability and the application of the Principle of Fairness. Gu also discussed the arbitrators should consider issues related to sanctions that may affect arbitration, including related procedures, and the enforcement of arbitration awards. Chinese courts pay close attention to and prudently handle cases involving sanctions in practice, he added.

    The seminar concluded with a closing address by Mr. Mclntyre, President of VMAA. He thanked all the speakers and participants, noting that in a world of increasingly frequent sanctions, it is important for peers in the international arbitration community to maintain communication, which promotes mutual understanding and helps us to make better decisions in the dispute resolution process. The symposium concluded successfully. Participants from different industries who are interested in the new issues of international arbitration expressed their concerns and exchange their observations.

  • Jurisdictional Challenges in Arbitrations
    The VMAA invites you to attend our second 2022 Seminar on “How to deal with jurisdictional challenges in arbitrations” on May 25th at 12 pm PST on Zoom. We are honoured to have Ng Jern- Fei QC as our Guest Speaker. Ng Jern- Fei QC is an experienced counsel specialising in commercial litigation and arbitration, with extensive experience appearing before courts and tribunals and sitting as arbitrator in different jurisdictions, including England, Hong Kong, Singapore, Malaysia, British Virgin Islands, Cayman Islands and Luxembourg. Ng Jern-Fei QC has acted as counsel in some 350 cases and as arbitrator in some 30 cases (as presiding, sole and co-arbitrator) pursuant to, amongst others, ICC, HKIAC, LCIA, LMAA, SIAC, PCA and UNCITRAL Rules. He was one of the youngest Queen’s Counsel to be appointed in 2018. Described in the legal directories as “an absolute superstar of the Bar”, “simply the best”, “one of the biggest names for Asia-related arbitration” and a “brilliant advocate!”
  • Arbitrator Bias Seminar – Differing Approaches Around the World
    The Vancouver Maritime Arbitrators Association invites you to attend the next Seminar on the “Arbitrator Bias – Differing Approaches Around the World” on April 14th at 12:15 pm PST on Zoom. We are honoured to have Murray L. Smith Q.C., Chartered Arbitrator, as our Guest Speaker.  He received his Master of Laws, International Business Law, from the London School of Economics in 1989. He was called to the Bar of British Columbia in 1977 and qualified as a barrister in England and Wales in 1990. Currently practising in Vancouver, British Columbia, his arbitration practice includes domestic and international commercial cases. He has acted as an arbitrator in international commercial arbitrations under AAA (ICDR), ICC, BCICAC and UNCITRAL Rules. This Seminar is available for 1 hour of substantive credit for Ontario and is accredited for 1 hour of CPD credit in British Columbia.
  • Role of Theoretical Simulations in Arbitrations

    The Vancouver Maritime Arbitrators Association invites you to attend the next webinar on the “Role of Theoretical Simulations in Arbitrations” on December 2nd at 3 pm PST in Vancouver, or December 3rd 7am SFT in Singapore.

    We are honoured to have Dr. Andrzej Jasionowski as our Guest Speaker.  He is currently based in Singapore and works at SophusQuorum as a forensic naval architect, and he holds a Ph.D. in damaged vessel hydrodynamics from the University of Strathclyde. He has a great deal of experience having been involved in an advisory role in relation to the total losses of several ships, including bulk carriers, m.v. DERBYSHIRE, ropax, M/V ESTONIA, M/V NAPOLEON BONAPARTE, M/V SEWOL, M/V HYUNDAI No.105, M/V ROCKNESS, and the offshore semisubmersible, DEEP WATER HORIZON, among others.

    Dr. Jasionowski has advised government organizations on regulatory developments for risk mitigation (SOLAS Ch-II Part B). He has developed advanced decision support systems for effective operation and flooding crises management and supported the design development of several significant new building projects. We hope to see you there, and if you have any questions, feel free to contact us directly.

  • 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.

  • VMAA Directors Virtual Presentation at the CMAC – 2021

    The seminar was successfully hosted on July 16, 2021, at the China High-Level Dialogue on Maritime & Commercial Arbitration.

    Thank you, Mr. JJ McIntyre and Mr. Peter Swanson for representing VMAA at the CMAC seminar.

  • 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

  • CIETAC to set up Arbitration Centre in Vancouver

    CIETAC establishes presence in Vancouver

    On July 1, 2018 CIETAC (China International Economic Trade & Arbitration Commission) officially registered in Vancouver to set up an Arbitration Centre. The organization held a signing ceremony co-hosted by the Vancouver Economic Commission, Minister of Jobs, Trade and Technology, Victoria, British Columbia representative Mr. Hon. Bruce Ralston, Minister of State for Trade Mr. Hon. George Chow, Deputy Consul General of Consulate General of the PRC in Vancouver, Mr. Kong Weiwei, Commercial Counselor of Consulate General of the PRC in Vancouver, Yu Shanjun, along with Chairman of the Vancouver Maritime Arbitrators Association, Dennis Pong. There were about 160 people in attendance, including representatives from the provincial government, legal experts, heads of large Chinese enterprises and commercial organizations along with industry members who had traveled from overseas. The following day on July 2, 2018, the CIETAC delegation visited the VMAA at Bernard LLP. They met with Mr. H. Peter Swanson, Bernard LLP partner, Alex Smith, VMAA Arbitrator, Dennis Pong, President of VMAA and other legal practitioners. The groups discussed the prospect of establishing Vancouver as a prominent centre for arbitration in North America — so that it is seen as a major centre for resolving both commercial and maritime dispute in Canada and the US. Mr. Dennis Pong welcomed the establishment of CIETAC North America Arbitration Center in Vancouver and extended congratulations on the organization’s successful landing ceremony.
  • VMAA holds joint seminar with CMAC and signs Cooperation Agreement

    VMAA and CMAC host a seminar and sign a Cooperation Agreement

    The VMAA held a joint Seminar on May 14th, with delegates visiting from the Chinese Maritime Arbitration Commission. Over 30 attendees from within the maritime and insurance industries attended this comprehensive seminar: Dr. Chen Bo presented on Maritime Arbitration in China (Deputy Secretary-General & VP | China Maritime Arbitration Commission) Wang Guohua presented on Revision and Improvement of Maritime Conflict Rules in the Maritime Code of China (Dean | Shanghai Maritime University Law School) Zhang Xubo presented on General Average in China (Board Chair | Beijing Ren Xiang Insurance Surveyors) Cui Qiang presented on Impact of Compulsory Laws on the Allocation of Risks in a Sale of Goods Contract (Partner | Beijing Commerce & Finance Law Office) Xu Huilin presented on Marine Insurance & Arbitration in China (General Manager | Tianan Property Insurance Company) John McIntyre | Legal Treatment of Foreign Arbitral Awards (Partner | MW Law Offices) Peter Swanson | Mechanics of the Enforcement of Foreign Arbitral Awards (Partner | Bernard LLP)   Following the seminar,  CMAC and VMAA held a ceremony for signing the new CMAC-VMAA Cooperation Agreement. Previously, CMAC and VMAA signed a Cooperation Agreement in May 2012, based on the shared concept of establishing fair arbitration procedures and highlighting the importance of arbitration within the global shipping industry. Both organizations have engaged in joint seminars over the past few years, allowing VMAA members and others from within the shipping industry to learn more about arbitration and economic trade in other notable centres outside of Vancouver. The CMAC-VMAA Cooperation Agreement marks an important cornerstone for both groups, with the goal of facilitating enhanced trade and cooperation between China and Canada within the maritime industry.
  • VMAA holds joint seminar with CMAC and signs Cooperation Agreement

    VMAA and CMAC host a seminar and sign a Cooperation Agreement

    The VMAA held a joint Seminar on May 14th, with delegates visiting from the Chinese Maritime Arbitration Commission. Over 30 attendees from within the maritime and insurance industries attended this comprehensive seminar: Dr. Chen Bo presented on Maritime Arbitration in China (Deputy Secretary-General & VP | China Maritime Arbitration Commission) Wang Guohua presented on Revision and Improvement of Maritime Conflict Rules in the Maritime Code of China (Dean | Shanghai Maritime University Law School) Zhang Xubo presented on General Average in China (Board Chair | Beijing Ren Xiang Insurance Surveyors) Cui Qiang presented on Impact of Compulsory Laws on the Allocation of Risks in a Sale of Goods Contract (Partner | Beijing Commerce & Finance Law Office) Xu Huilin presented on Marine Insurance & Arbitration in China (General Manager | Tianan Property Insurance Company) John McIntyre | Legal Treatment of Foreign Arbitral Awards (Partner | MW Law Offices) Peter Swanson | Mechanics of the Enforcement of Foreign Arbitral Awards (Partner | Bernard LLP)   Following the seminar,  CMAC and VMAA held a ceremony for signing the new CMAC-VMAA Cooperation Agreement. Previously, CMAC and VMAA signed a Cooperation Agreement in May 2012, based on the shared concept of establishing fair arbitration procedures and highlighting the importance of arbitration within the global shipping industry. Both organizations have engaged in joint seminars over the past few years, allowing VMAA members and others from within the shipping industry to learn more about arbitration and economic trade in other notable centres outside of Vancouver. The CMAC-VMAA Cooperation Agreement marks an important cornerstone for both groups, with the goal of facilitating enhanced trade and cooperation between China and Canada within the maritime industry.