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Acting Chief Justice attends forum in China

Borneo Bulletin, Brunei Darussalam

Acting Chief Justice attends forum in China

By Malai FadleyRizal

16 October 2008

Acting Chief Justice/High Court Judge, Justice Datin Paduka Hayati of Brunei Darussalam Supreme Court represented Brunei at the China-Asean High-Level Judges Conference on the invitation of the President of the High People’s Court of Guangxi Zhuang Autonomous Region was the

The forum was held in Nanning, Guangxi, People’s Republic of China from October 8 to 12 and attended by high-level judges from Asean and local judges.

In the press release from the Supreme Court, Brunei Darussalam stated that the theme of the forum is the ’Judicial Protection of China-Asean Free Trade Area’. The head of delegates including Brunei Darussalam presented papers relevant to the theme of the forum, such as, laws and practice regarding commercial trials in China-Asean countries, judicial protection regarding intellectual property in China-Asean Free Trade Area, Alternative dispute resolutions including arbitration and mediation, and judicial assistance, training and exchanges amongst China-Asean, followed by discussions.

At the end of the forum, delegates reached a consensus that in order to encourage and create a conducive environment for China-Asean Free Trade Area, despite recognising the diversity in cultures; the following should be present in each jurisdiction: a transparent, independent, efficient and competent judicial system, with respect for the Rule of Law, judicial protection in the form of sufficient laws and effective implementation, such as Copyright Laws, Company Laws, Trade Marks Act, for commercial litigation, time often means money.

So, time is of the essence and alternative dispute resolution such as mediation, arbitration would serve a useful purpose alongside the Courts and should be encouraged, judicial training and exchanges should be encouraged between China-Asean Free Trade countries so as to increase awareness and understanding of each other’s judicial and legal system and to share and learn from each other’s experience. A mechanism should be explored to allow such useful practice within China-Asean Free Trade Area.

An exchange of relevant law books and visit to the Guangxi High People’s Court in Nanning also took place during the forum.