发布时间： Tue Jul 20 14:56:20 CST 2021
On the afternoon of June 28 2021, the 18th In-house Counsel Forum themed “Hotspots in International Construction Disputes” was successfully hosted by the Beijing Arbitration Commission / Beijing International Arbitration Center (the “BAC”) jointly with the China In-house Counsel Management Research Center of China University of Political Science and Law (the “CICMRC”) and the College of International Engineering Management of Tianjin University (the “CIEM”).
Experts within the industry both in China and from abroad were invited to attend this event. They had in-depth discussion on hotspot issues of international construction disputes such as the validity of international construction subcontracts to which the Chinese law is applicable, the impacts of COVID-19 on international construction projects.
The symposium was moderated by Dr. Chen Fuyong, Deputy Secretary General of the BAC. He presented an introduction of the speakers, and made closing remkars at the end of the event.
Mr. Lin Zhiwei, Secretary General of the BAC, Mr. Ye Xiaozhong, Director of the CICMRC, and Mr. Zhang Shuibo, Dean of the CIEM, delivered welcoming speeches.
In his welcoming speech, Mr. Lin briefly summarized the features of international construction cases based on the BAC’s experience in handling international construction disputes.
By reference to the new developments and hotspots within international construction area in recent years, Mr. Ye stressed that this symposium is of great significance to in-house works.
Based on the features of international construction industry and arbitrations heard by himself, Mr. Zhang provided an analysis of the hotspots of international construction disputes.
Mr. Cui Jun, President of Beijing Overseas Junhe Construction Consultation Co., Ltd. and Arbitrator of the BAC, delivered a speech on “Current Hotspots of International Construction Disputes and Relevant Legal Issues”. He analyzed the reasons of the constant growth of international construction disputes, the caseload of international construction arbitration, new trends of Chinese enterprises in international construction disputes, and law application in international construction arbitration related to Chinese enterprises.
Mr. Zhao Hang, Senior Counselor of Beijing Commerce & Finance Law Offices and Arbitrator of the BAC, delivered a speech on “Validity of International Construction Subcontracts Applying Chinese Law”. Taking a substantive law viewpoint, Mr. Zhao provided analysis of the validity of international construction subcontracts by referring to the features of parties to international construction subcontracts and the law and practice of China.
Mr. Li Zhiyong, Deputy GM of Legal and Risk Dept. of PowerChina International Group Limited and Arbitrator of the BAC, delivered a speech on “Legal Validity and Risks of Transmission Mechanism of ‘Pay When Paid’ Liability”. Mr. Li provided detailed analyses of the “pay when paid” mechanism, and specifically evaluated the “pay when paid” mechanism in context of domestic and international contracts, sharing identification of “pay when paid” terms in different jurisdictions and risk assessment of “pay when paid” mechanism at different points in time.
Mr. Zheng Baoqiang, Partner of HKA Global Ltd, delivered a speech on “Analysis and Proof of COVID-19’s Material Impacts on Claim for Extension of Time”. Mr. Zheng provided detailed analysis of the impacts of COVID-19 outbreak on international construction and the basic elements, burden of proof, inducement and strategy of claim for extension of time.
Mr. Jia Huaiyuan, Partner of DeHeng Law Offices, Director of DeHeng Law Offices Dubai Office, and Arbitrator of the BAC, delivered a speech on “Legal Remedies for Chinese Enterprises against Termination of Contracts due to COVID-19”. Mr. Jia briefed the reason for termination of international construction contracts, and presented detailed analysis of the status quo of legal remedies for international construction projects in the context of COVID-19 according to law provisions concerning termination of contracts due to COVID-19 both in China and abroad.
At last, the speakers had exchanges and discussion on ongoing construction projects in Africa, the recognition and enforcement of arbitral awards in Africa and other issues.
With the Belt and Road Initiative having been steadily carried out, Chinese enterprises have been increasingly engaged in international construction, and the caseload within international construction area have been on the rise. Many new-type international disputes emerged from the long-lasting impacts of the COVID-19 outbreak. The BAC has been endeavoring to explore better ways of case handling so as to resolve international construction disputes, and to build a platform for Chinese and foreign experts and practitioners to have exchanges. We sincerely welcome professionals from various industries to continue to pay attention to and participate in various events organized by the BAC. You are also welcome to pay attention to the BAC website and WeChat account for more information.
Click here to replay the Symposium.
