MMC and BNRMC Signed the "MOU" during the COVID-19 Outbreak

Ms. WANG Li(Chairman of Belt and Road Service Connections, President of Beijing Retio Legal and Commercial Service Center for Belt and Road Initiative, Director of International Commercial Mediation Center for the Belt and Road) and Mr. Datuk Kuthubul Zaman Bukhari (Chairman of Malaysian Mediation Centre) both delivered the messages.

WANG Li(Chairman of Belt and Road Service Connections, President of Beijing Retio Legal and Commercial Service Center for Belt and Road Initiative, Director of International Commercial Mediation Center for the Belt and Road) 

Ms. WANG Li said, with more than two months of communication, two parties reached this cooperation. And we use such an “online signing" today as our first attempt, which shows that: facing such serious epidemic, the work of commercial and legal services for the Belt and Road won’t stop and also a good practice for us on Online Dispute Resolution(ODR). In this battle against Covid-19, Mediation Rooms of BNRMC in many places use online platforms for helping people solve disputes and successfully mediated over 40 cases during the outbreak. We hope this cooperation between BNRMC and MMC will provide more and better ways for parties to resolve the commercial disputes between China and Malaysia, especially those arising from the epidemic.

Datuk Kuthubul Zaman Bukhari(Chairman of Malaysian Mediation Centre

Mr. Zaman Bukhari firstly expressed his thank to this “online signing” host by BNRMC. And he mentioned that even though we cannot meet each other at this time because of the lockdown, the online signing is wonderful as well. It helps not only avoid the gathering during this outbreak but also set an example for the future online mediation after signing this MOU. He also looks forward to the establishment of BNRMCKL and more Public Lectures on International Commercial Mediation in the future.

According to the MOU, the two parties will cooperate in various areas of international mediation, which include establishing the a regional office of BNRMC at Kuala Lumpur(BNRMCKL) and a Joint Panel of Mediators for BNRMCKL (“Joint Panel”), and agree that the settlement agreement reached by mediation must be achieved within the framework of Malaysian and Chinese law, and in the spirit of the Singapore Convention on Mediation to promote the parties voluntarily perform in good faith. Also, they will cooperate in research and development programs and training, information exchange,promoting mediation and other alternative dispute resolutions.

MMC and BNRMC both believe that this cooperation will help business   enterprises and individuals to lawfully settle commercial, trade and investment disputes arising from the Belt and Road Initiative (BRI). Jeff Leong(Malaysian mediator of BNRMC, Co-Chair of Belt and Road Committee Law Association for Asia and the Pacific) believes that BNRMCKL will play a timely role to help mediate and amicably resolve disputes arising from disruptions and breach of contract caused by the Covid-19 pandemic along the Belt and Road and that joint mediationby International and Chinese mediators, if chosen by parties in disputes, will be an excellent way for mediators on both sides to gain more experience and expertise in resolving international commercial and Belt And Road disputes.

Showing the signed page online

On the Public Lecture, Jeff Leong and Shanti Abraham(Mediator of SIMI, AIAC, MMC, Singapore Mediation Centre, Founder of Shanti Abraham & Associates) spoke about International mediation and resolution of disputes post Covid-19 and the force majeure disputes as the Lecturer. They not only have in-depth knowledge of their topic but also spoke enthusiasm, which made a strong impression on the audience.

Jeff Leong(Malaysian mediator of BNRMC, Co-Chair of Belt and Road Committee Law Association for Asia and the Pacific)

Jeff Leong mentioned, since the Covid-19 economic crisis is here, force majeure and frustration of contract are common issues affecting all countries. Whether a party can invoke the force majeure clause due to Covid-19 and/or lockdown measures depend on the wording of the force majeure clause and the facts of each case. Such as disputes arise recently between China and Malaysia, we need to consider Malaysian Law, cases in the Malaysian courts and the “force majeure certificates” proving by CCPIT to the companies who cannot meet their contractual obligations due to the effects of Covid-19. However, where the international contract is governed by foreign law and the matter is resolved by foreign arbitration or in foreign courts, force majeure certificates may not be conclusive. Given the nature of the Covid-19 pandemic and the lockdowns that were beyond the control of the parties, he think mediation is the preferred option.

Shanti Abraham(Mediator of SIMI, AIAC, MMC, Singapore Mediation Centre, Founder of Shanti Abraham & Associates)

Shanti Abraham introduced the mediation process with it characters and benefits, also gave a snapshot of mediation in Malaysia. She said, mediation has the advantages such as flexible, cost effective, can accommodate social distancing rules, can be done online and others, which can help a lot for the Post-Covid-19. She spoke from her rich experience in international mediation.

These two lectures were deemed relevant, useful and clear for the professionals. Zhang Yuejiao(Former Chairman of WTO Appellate Body, Chairman of the Committee of Experts of BNRMC), Winston Siu(Chairman of Hong Kong G2G Mediation Centre) and some experts all participated in the online conference. Duncan Turner from AFSA, working on mediation in Johannesburg, South Africa left a comment about hoping to see more Public Lectures in English in the future. “It is a very useful discussion today!” , he said.