Beijing Arbitration Commission

Mock Arbitration Event Successfully Hosted

Publish time: Thu Oct 22 00:00:00 CST 2015

At the invitation of the Beijing Arbitration Commission / Beijing International Arbitration Center (“BAC/BIAC”), the Des Voeux Chambers team led by Ms. Teresa Cheng SC and consisted of 4 SCs, 8 barristers and 7 solicitors has successfully presented mock arbitration on September 24, 2015 at the international conference hall of the BAC/BIAC. The event was titled “Watch the Fun & See the Road”, a follow-up to the event “Model Play of International Arbitration” jointly hosted by the BAC/BIAC and the HKIAC last year, where Hong Kong lawyers shared their experience of international arbitration with their colleagues in mainland China. Over 200 people from large MNCs and Chinese SOEs, renowned law firms, other Chinese arbitration institutions and colleges have attended this event.

The event was moderated by Dr. Chen Fuyong, Deputy Secretary General of the BAC/BIAC. On behalf of the hosting institutions, he warmly welcomed all the guests and attendants, and set a high value on the significance of this event, especially the wide attentions received from both Beijing and Hong Kong legal communities. In particular, he wished that the BAC/BIAC and the HKIAC in the future could keep an active and comprehensive communication, and jointly help arbitration practitioners in mainland China better unlock the intricacies of international arbitration and adapt to the international practice.

Opening Speech by Dr. Chen Fuyong

Mr. Liu Jing, Deputy Secretary General of the HKIAC, also gave his words of welcome. He hoped to promote the communication between Chinese and foreign arbitral communities, with more Chinese lawyers practicing abroad and more foreign lawyers integrated with Chinese legal community. Thereafter, Ms. Teresa Cheng SC, the organizer and commentator of the event, also a SC of Hong Kong, Chairperson of the HKIAC and an arbitrator of the BAC/BIAC, delivered her warm congratulations to the 20th anniversary of the BAC/BIAC and the 30th anniversary of the HKIAC.

Opening Speech by Mr. Liu Jing
Opening Speech by Ms. Teresa Cheng SC

Following the opening speeches, the mock arbitration started. To help the attendants better understand the main procedures in international arbitration and the case background of the mock arbitration, the moderator and the commentator briefed the case details, introducing the different requirements in arbitral proceedings under different arbitration rules. The Des Voeux Chambers team members then commenced the mock arbitration practice.

The mock arbitration fell into two sections in the morning and the afternoon respectively, illustrating different procedures in international arbitration. The theme of the morning part is the security of arbitration fees in international arbitration. The Des Voeux Chambers team members, acting as the claimant and the respondent, conducted a fierce debate about whether the respondent should provide security for the arbitration fees of counterclaims raised thereby. The arbitral tribunal made questions to the counsels of both parties, and carefully listened to their arguments, after which it made the decision on this issue at the end of the mock hearing.

The Event
Mock Hearing Session

The afternoon part focused on the cross-examination of witnesses. To make the mock arbitration more practical and delighter to watch, the Des Voeux Chambers team members demonstrated the cross-examination of fact witness and expert witness respectively. The hearing thereof was presided by Mr. Anthony Houghton SC as the chairman of the arbitral tribunal. Prior to their practice, Ms. Cheng made a detailed introduction to the attendants as of the strategy and preparation of this section. The mock cross-examinations of expert witness and fact witness were then conducted successively, clearly showing the key points and skills of cross-examining different sorts of witnesses.

Lecture Session
Cross-examination Session

Following the mock arbitration practice, Ms. Cheng and Des Voeux Chambers team members had an active and fruitful Q&A session with attendants with respect to the security of arbitration fees, interim measures, the enforcement of arbitral awards and cross-examinations.

Q&A Session

The one-day event ended with a cocktail party jointly held by the BAC/BIAC and the HKIAC, purporting to celebrate the 20th anniversary of the BAC/BIAC and the 30th anniversary of the HKIAC, and to give thanks to the strong support of the HKIAC and the Des Voeux Chambers to this event, as well as the attendants for their active participation. The cocktail party was hosted by Mr. Lin Zhiwei, Secretary General of the BAC/BIAC. Madame Wang Hongsong, Vice Chairperson of the BAC/BIAC and Ms. Teresa Cheng SC, Chairperson of the HKIAC, delivered welcome remarks. During the cocktail party, attendants had further communications. This event unveiled the hearing proceedings in international arbitration from a more objective and extensive perspective, helped arbitration practitioners in mainland China further understand and experience international arbitration practice, and meanwhile promoted the communications and exchanges between legal communities of mainland China and Hong Kong.

Welcome Address by Mr. Lin Zhiwei
Welcome Address by Madame Wang Hongsong
Welcome Address by Ms. Teresa Cheng SC
Cocktail Party
Model Arbitration Clause Arbitration Clause
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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