Beijing Arbitration Commission

Introduction

The 2014 London Summit on Commercial Dispute Resolution in China was jointly hosted by the Beijing Arbitration Commission (BAC), the Centre for Commercial Law Studies, Queen Mary University of London (QMUL) and the Institute of Advanced Legal Studies, University of London (IALS) on 6 June 2014 at the QMUL Lecture Theatre, Lincoln's Inn Fields, London. The 2014 Summit was the second to be held, the first having taken place in 2013. It featured the official release of the English language version of the BAC publication, Commercial Dispute Resolution in China: Annual Review and Preview (2014) (the Annual Review), which was prepared by leading Chinese experts from a number of different industries.

The Summit attracted almost 100 professionals from China, the UK and other nations. The participants comprised leading academics, Queen’s Counsel and experienced lawyers from top law firms worldwide. The 2014 Summit covered a greater number of sectors than that of 2013, including (inter alia) arbitration, mediation, construction, real estate, intellectual property (IP) rights, energy, investment, international trade and finance.

The Rt. Hon. the Lord Carnwath of Notting Hill CVO, a Justice of the Supreme Court of the United Kingdom, the Hon. Mr. Justice Ramsey, a Judge of the Technology and Construction Court (TCC) of the High Court of England & Wales and the Hon. Mr. Justice Blair, a Judge of the Commercial Court of the High Court of England & Wales, participated throughout the Summit, presenting their remarks and comments on the presentations and engaging in discussions with the participants in every session. Their contributions made the Summit as much a practical as a theoretical exchange of ideas.

The international arbitration community learned much about the development and current status of arbitration in China as a result of the Summit, which was supported by the London offices of international law firms RHTLaw Taylor Wessing and King & Wood Mallesons.

Welcome Remarks and Opening Speeches

The opening ceremony for the Summit was hosted by Ms Melanie Willems, Head of International Arbitration with Andrews Kurth LLP, London. Lord Carnwath's Welcome Remarks opened the Summit.

The Vice Chairperson of the BAC, Ms Wang Hongsong, then introduced and summarised the highlights from the 2014 edition of the Annual Review. She informed participants that the BAC would continue to organise the production and publication of the Annual Review and the holding of future summits, as well as continuing bridge the cultural gap between the Chinese and international communities and promoting exchanges between the respective arbitration communities.

Professor Loukas Mistelis, Director of the School of International Arbitration, Centre for Commercial Law Studies at QMUL, together with Mr. Jules Winterton, Director and Librarian of the IALS, welcomed the publication of the Annual Review and expressed their appreciation of its contents. Following their remarks, the Summit programme for the day proceeded, in accordance with the structure of the Annual Review, by reference to a number of thematic sessions.

(The Rt. Hon. the Lord Carnwath CVO)	(Ms. Wang Hongsong)
(Professor Loukas Mistelis)	(Mr. Jules Winterton)
(The Forum)

First session

The first session, entitled ‘Recent Developments in Chinese arbitration and Mediation, proceeded with Ms. Melanie Willems continuing in the chair as moderator..

Dr. Chen Fuyong, Deputy Secretary-General of the BAC, gave a presentation with particular reference to the Annual Review and arbitration practice in China following the revision of the PRC Civil Procedure Law. The presentation also featured the most up-to-date statistics on arbitration and commentary on arbitration practice, as well as discussing judicial supervision of arbitration by the Chinese courts, by reference to some typical cases.

Professor Ji Gefei from China University of Political Science and Law, then gave a briefing on relevant contents of the Annual Review, followed by a presentation on several hot topics in commercial mediation in China, including seminars and training sessions conducted in China to promote commercial mediation.

Mr. Robert Lambert, a partner with and Head of International Arbitration at Clifford Chance, London, and Mr. Gerard Khoshnaw, a partner with Gateley LLP, London, , then presented their comments. They both commented very positively on the process of continuous improvement of the arbitration environment in China and the breakthrough of mediation into the commercial sphere.

(Ms. Melanie Willems)	(Dr. Chen Fuyong)	(Mr. Robert Lambert)

( Professor Ji Gefei)	(Mr. Gerard Khoshnaw)

Second session

The second session, entitled ‘Recent Developments in Dispute Resolution in International Trade and Investment Law’, was moderated by Mr. Paul Stothard, a partner in the Litigation Department of King & Wood Mallesons, London.

Mr. Wang Xuehua, a partner with Huanzhong & Partners, Beijing, commented on new legislation promulgated in 2013 and on commercial cases decided in that year. Mr. Wang also discussed the most advanced recent academic research. Commenting, Mr. Gabriel Gari, senior lecturer in international economic law at the Centre for Commercial Law Studies, QMUL, expressed his views on new trends in international trade disputes in China, as reflected in the new legislations and relevant cases discussed by Mr. Wang.

(Mr. Paul Stothard)	(Mr. Wang Xuehua)	(Mr. Gabriel Gari)

Mr. Bao Zhi, a partner with FenXun Partners, Beijing and a co-author of the Annual Review, discussed developments in China's investment environment. He also discussed several noteworthy cases and relevant laws and regulations. Commenting, Mr. Neil Newing, Legal Director of Eversheds, London, remarked that the investment environment was improving and that such improvement could not be isolated from improvements to substantive laws and to the legal system.

(Mr. Bao Zhi)	(Mr. Neil Newing)

Third session

The third session, entitled ‘Recent Developments in Dispute Resolution in Infrastructure Projects’, was moderated by Mr. Andrew Burr, barrister, of Atkin Chambers, London, General Editor of the Construction Law Journal, and an arbitrator on the BAC Panel of Arbitrators.

Ms. Tan Jinghui, a partner with the City Development Law Firm, Beijing and a co-author of the Annual Review, discussed ten hot topics in dispute resolution in the construction sector in China. She highlighted developments in the Chinese construction market, laws and regulations, and the content of forms of contract , and predicted the likelihood of a greater number of complex disputes in the future.

Mr. Sun Wei, a partner with Zhong Lun Law Firm, Beijing, then gave a presentation on the laws relating to real estate in China, from the perspectives of real estate enterprises, the legal environment and future legislation. He also discussed several recent cases, relevant laws and regulations, as well as the main mechanisms used for dispute resolution in construction and real estate disputes. Commenting, the Hon. Mr. Justice Ramsey, Mr. Tom Duncan, a partner with Mayer Brown, London, and Mr. Adrian Hughes QC from 39 Essex Street, remarked that more complex disputes in construction and real estate would emerge as a result of the development of China’s economy. In order to address such development, legislation in construction and real estate would need to be expressed in more specific terms.

(Mr. Andrew Burr)	(Ms. Tan Jinghui)	(Mr. Sun Wei)
(The Hon. Mr. Justice Ramsey)	(Mr. Adrian Hughes)	(Mr. Tom Duncan)

Fourth session

The fourth session, entitled ‘Recent Developments in Dispute Resolution in Chinese Energy Law’, was moderated by Mr. Murray Rosen QC of Herbert Smith Freehills LLP, London.

By reference to the Annual Review, Dr. Bian Jing, a Teaching Fellow of the School of Oriental and African Studies (SOAS), University of London, gave a presentation on recent developments in the Chinese gas, coal, electricity and renewable energy industries, together with pollution issues. Commenting, Mr. Michael Darowski of Hogan Lovells International LLP, London then initiated discussions with Dr. Bian in which both speakers expressed their views regarding the future of energy dispute resolution in China.

(Mr. Murray Rosen)	(Dr. Bian Jing)	(Group Discussion)

Fifth session

The fifth session, entitled ‘Recent Developments in Dispute Resolution in Chinese Finance Law’, was moderated by Mr. Arvin Lee, a partner with RHTLaw Taylor Wessing, London.

Mr. Tao Xiuming, a partner with JunZeJun Law Offices, Beijing and a co-author of the Annual Review, gave a presentation on financial dispute resolution in China. This was based on several newly promulgated pieces of legislation and a review of arbitration cases, as well as a number of hot topics in the finance industry. Commenting , Mr. Chen Sheng, Deputy Director of the China Banking Regulatory Commission, expressed his confidence in Alternative Dispute Resolution (ADR) in resolving financial disputes. He also discussed his vision of the development of China’s finance industry as well as the need for effective supervision of the industry.

(Mr. Arvin Lee)	(Mr. Tao Xiuming)	(Mr. Chen Sheng)

Sixth session

The sixth session, entitled ‘The Development Report of Chinese IP Law’, was moderated by Mr. Ray Black, a partner in the IP Contentious Department of King & Wood Mallesons, London.

Mr. Xie Guanbin, a partner with Lifang & Partners, Beijing and a co-author of the Annual Review, commented on the status of IP rights in China, particularly highlighting the revision of the PRC Trademark Law and several notable cases.

Mr. Tom Carver, Chief Representative with Wragge Lawrence Graham & Co., Guangzhou Office, notedthat the revision of Chinese IP law indicated a stronger protection of IP rights. He expressed his admiration for both the BAC's advanced research and capabilities in resolving complex IP issues and the development of IP dispute resolution in China.

(Mr. Ray Black)	(Mr. Xie Guanbin)	(Mr. Tom Carver)

Closing speeches

The closing ceremony was also moderated by Mr. Ray Black. The Hon. Mr. Justice Blair and Mr. Laurence Lieberman, a partner with RHTLaw Taylor Wessing, each gave a closing speech. They both congratulated the Summit on its achievements and considered the Annual Review to be unique, comprehensive, informative and thorough. They also expressed their gratitude for the efforts of the BAC, QMUL and the IALS in promoting both commercial dispute resolution in China and enabling exchanges of ideas between the Chinese and international arbitration communities.

The Summit closed at this point. Friendly professional and social communications between the participants and the expert speakers continued afterwards, however, at a Cocktail Reception hosted by the organisers.

(The Hon. Mr. Justice Blair)	(Mr. Laurence Lieberman)

(a group photo)

Conclusion

Following the pattern of the 2013 Summit, the 2014 event presented participants with the latest developments in commercial arbitration and mediation in China in a number of specialised fields, and made some predictions about the future legal environment. Such observations and predictions had not been available in the past. As the largest developing nation and economy, the current and future legal environment in China had come to the attention of the entire world. The 2014 Summit was both a platform for promoting and ensuring smooth economic and technical exchanges and a great opportunity to present the world with China's ‘soft power’.

The Summit had attracted many prestigious academics and dispute resolution practitioners from around the world, thus demonstrating the attention paid by the worldwide disute resolution community to the state of dispute resolution in commercial cases in China. It also indicated that the BAC, as a leading and diversified dispute resolution institution, had gained both a reputation and recognition, and that it would become a key Chinese institution in international commercial dispute resolution in the coming years.