Beijing Arbitration Commission

2020 Annual Summit on Commercial Dispute Resolution in China Successfully Held

Publish time: 2020-12-16

On 27 November 2020, the “2020 Annual Summit on Commercial Dispute Resolution in China” (the “Summit”) hosted by the Beijing Arbitration Commission / Beijing International Arbitration Center (the “BAC”) jointly with the Centre for Commercial Law Studies, Queen Mary, University of London, the Chartered Institute of Arbitrators, the Asian International Arbitration Centre, the Arbitration Foundation of Southern Africa, the Cairo Regional Centre for International Commercial Arbitration, the Nairobi Centre for International Arbitration and the Judicial Arbitration Mediation and ADR Service (the “JAMS”) was successfully held on line. The Summit has attracted more than 1,900 audiences from 15 countries and regions and nearly 10,000 clicks.

Click here to replay the Summit:

The Opening Ceremony of the Summit was moderated by independent arbitrator Mr. Tao Jingzhou. Firstly, Dr. Chen Fuyong extended a warm welcome to all the participants, and gave thanks to the joint hosting institutions for their support to this cross-border online event in the time of pandemic. He said that ever since its first publication in 2013, the Commercial Dispute Resolution in China: An Annual Review and Preview series have gradually become a key resource of the academics and practitioners around the world to learn about the Chinese commercial law updates and commercial dispute resolution practice, and has won high recognition by experts within the industry. Meanwhile, in the context of pandemic, parties concerned should strengthen exchanges and communication, make full use of the significance of alternative dispute resolution, and improve the certainty and predictability thereof in this unprecedented business environment.

Dr. Chen Fuyong

Mr. Tao Jingzhou

The first session of the Summit was themed Annual Review on Commercial Arbitration, Mediation and Sports Dispute Resolution in China. Prof. Loukas Mistelis of the Centre for Commercial Law Studies, Queen Mary, University of London acted as the moderator, and Mr. Fei Ning, Managing Partner of Hui Zhong Law Firm, Mr. David Gu, Partner of Tiantong Law Firm, and Mr. Jeffrey Benz, Arbitrator and Mediator of JAMS and 4 New Square, as speakers, Mr. Yang Ing Loong, Partner of Latham & Watkins LLP, and Ms. Laura Abrahamson, Arbitrator and Mediator of JAMS, as commentators. Based on the annual report authored by them respectively, Mr. Fei, Mr. Gu and Mr. Benz presented introductions of new developments of arbitration and mediation in China and legislations on sports dispute resolution in the year of 2019 to the audience, and specifically analyzed typical cases. Mr. Yang provided comments on typical commercial arbitration cases with reference to laws and practice of the Hong Kong SAR. Ms. Abrahmson shared her views on the future growth of international commercial mediation by referring to the latest development of Singapore Convention.

Prof. Loukas Mistelis

Mr. David Gu

Mr. Fei Ning

Mr. Jeffrey Benz

Ms. Laura Abrahamson

Mr. Yang Ing Loong

Penal Discussion of the First Session

The second session of the Summit was themed Annual Review on Construction and Energy Dispute Resolution in China, which was moderated by Mr. Eng Paul Karekezi, CEO of GIBB Africa Ltd. Dr. Zhou Xianfeng, Partner of JunHe LLP, and Mr. Chris Qi, Senior Partner and Counsel of Lantai Partners, acted as the speakers, and Mr. Duncan Turner, Member of Arbitration Foundation of Southern Africa Managing Committee, and Mr. Alfred Wu, Partner of Norton Rose Fulbright Hong Kong, the commentators. Dr. Zhou and Mr. Qi provided interpretations of the changes and typical cases within the construction and energy industries during the past year respectively, and estimated the influences the Covid-19 might bring to dispute resolution. Mr. Wu shared his comment from the perspective of choice of applicable law and its influence on overseas construction dispute resolution, and Mr. Turner discussed the importance of taking relevant dispute prevention measures in energy industry.

Mr. Eng Paul Karekezi

Dr. Zhou Xianfeng

Mr. Chris Chi

Mr. Alfred Wu

Mr. Duncan Turner

Panel Discussion of the Second Session
The third session of the Summit was themed Annual Review on Financial and Investment Dispute Resolution in China. Mr. Francis Xavier, Partner of Rajah & Tann Singapore LLP, acted as the moderator. Ms. Lv Qi, Deputy General Manager of Legal Dept. of China Minsheng Banking Corp., Ltd., and Mr. Bao Zhi, Partner of Fenxun Partners, acted as the speakers. Mr. Duarte G. Henriques, Partner of Victoria Associates, and Mr. Anton Ware, Partner of Arnold & Porter, acted as the commentators. Ms. Lv and Mr. Bao introduced the changes of laws and rules and typical cases within financial and investment areas in China in 2019 respectively. Mr. Duarte G. Henriques commented on the categories of disputes frequently seen in asset management and the advantages of arbitration in resolving financial disputes. Mr. Anton Ware discussed courts’ rulings on the validity of share-holding entrustment and the investor-state arbitration that might be triggered by investors’ violation of local laws.

Mr. Francis Xavier

Ms. Lv Qi

Mr. Bao Zhi

Mr. Duarte G. Henriques

Mr. Anton Ware

Panel Discussion of the Third Session

The fourth session was themed Annual Review on IP and International Trade Dispute Resolution in China. Ms. Raffaella Cavandoli, Consultant of AMERELLER Legal Consultants from Cairo, acted as the moderator, Ms. Xing Yuan, Partner of Beijing Huanzhong & Partners, and Ms. Li Fengfeng, Partner of Lifang & Partners, the speakers, and Mr. Bahari Yeow Tien Hong, Partner of Gan Partnership from Malaysia, and Mr. Paul Tan, Partner of Cavenagh Law LLP from Singapore, the commentators. Ms. Xing and Ms. Li introduced the changes of Chinese IP and international trade laws and rules as well as typical cases in 2019. Mr. Hong shared his views on foreign companies’ application for IP protection, and Mr. Tan clarified how to draft arbitration clauses in international trade.

Ms. Raffaella Cavandoli

Ms. Xing Yuan

Ms. Li Fengfeng

Mr. Paul Tan

Mr. Bahari Yeow Tien Hong

Panel Discussion in the Fourth Session
Then the Summit came to its closing remarks session. Prof. Zhang Yuejiao, WTO Appellate Body Former Chair and Judge, Dean of Institute for International Dispute Settlement, Tsinghua University, delivered closing remarks. Prof. Zhang believed the form and content of this Summit was “innovative, extensive and in-depth”, and stressed the significance of the consistency and accuracy of awards in international dispute resolution, as well as the control of cost and the improvement of procedural efficiency. In addition, Prof. Zhang spoke high of the BAC’s achievements it has gained since its establishment, and expected the BAC to continue to organize such events to share experiences and promote exchanges between Chinese and foreign professionals.

Prof. Zhang Yuejiao
The Commercial Dispute Resolution in China: An Annual Review and Preview, as the first research report series organized by Chinese arbitration institution and authored by experts in each of the industries concerned that have continuous observations and interpretations of the developments, changes and trends of commercial dispute resolution in China, has received extensive attentions ever since its first launch in 2013, and has become significant practical reference for both domestic and foreign readers who intends to have in-depth understanding of the status quo of commercial dispute resolution in China. After eight years’ exploration and practice, there has been more than 70 annual reports of various industries, and a number of overseas launch events in London, Paris, Frankfurt, Cologne, Hague, Vienna, Zurich, Toronto, New York, San Francisco, Singapore, Kuala Lumpur and Hong Kong, which have attracted academics, lawyers, in-house counsels from all over the world. We sincerely welcome professionals of various industries to pay continuous attention to the Commercial Dispute Resolution in China: An Annual Review and Preview 2021, and also pay attention to the BAC website and WeChat account for more information.
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All disputes arising from or in connection with this contract shall be submitted to Beijing Arbitration Commission / Beijing International Arbitration Center for arbitration in accordance with its rules of arbitration. The arbitral award is final and binding upon both parties.
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