China maritime arbitration Commission (CMAC)
Introduction
The China Maritime Arbitration Commission (CMAC) is an independent organization formed for the purpose of providing a neutral and impartial service in settling maritime disputes concerning shipping and navigation in the waters of the Peoples Republic of China. The CMAC is authorized by the Maritime Law of the Peoples Republic of China (MLC) and the Arbitration Law of the Peoples Republic of China (ALC). It is the recognized national arbitration institution for all domestic and foreign maritime cases. The CMAC is composed of a Presidium, the relevant authorities and representatives of the maritime specialist groups. The Commission is responsible for organizing, conducting, administering and hearing maritime arbitration proceedings in accordance with applicable laws, rules and regulations.
The CMAC was established in 1985 to provide a comprehensive dispute resolution service for the maritime industry. It provides services ranging from resolving disputes through negotiation, to resolving disputes through binding arbitration. It has made significant strides in the realm of dispute resolution, especially in fields such as shipping, navigation, marine pollution, maritime claims, and fishio-fishery resources.
Objectives
The aim of the CMAC is to establish a fair, economically efficient and expeditious mechanism for resolving maritime disputes, avoiding lengthy court-based proceedings that may hamper the speed of settlement. The CMAC endeavors to create a secure and reliable mediation and arbitration system, and to add additional value to the maritime industry status quo.
Moreover, the Arbitration Rules of the CMAC seek to secure a dependable, self-regulating system of maritime arbitration, under the rules of justice, integrity and fairness, in order to ensure the assurance of a uniform, secure and steady system of adjudication.
Procedure
The procedure for submitting a dispute to the CMAC is simple and cost-efficient. The first step is to submit a written request to the Commission, which should include the parties contact information, the description of the dispute, the point of law to be argued and the amount of compensation sought.
Once the request is received, the CMAC will select and appoint an arbitration panel consisting of three members, one for each of the parties to the dispute and a neutral third party. The parties then provide the particulars of the dispute to the panel and the case is then ready for adjudication.
The arbitration hearings are conducted in accordance with the Maritime Arbitration Rules of the China Maritime Arbitration Commission and may be adjourned for any reason the panel deems necessary. At the conclusion of the arbitration, a reasoned decision is prepared and parties are notified within two weeks.
Conclusion
The CMAC is a vital organisation, functioning as an alternative dispute resolution tool for resolving maritime disputes in the jurisdiction of People’s Republic of China. It provides efficient and cost-effective services to both domestic and foreign mercantile disputes in a secure and impartial manner.
Furthermore, CMAC practices and procedures provide a higher degree of transparency in adjudication because the formation and composition of the tribunal are established through a democratic process. With the rules of justice, integrity and fairness, the CMAC continues to strive to maintain and sustain its commitment towards the maritime industry.
