Beijing Arbitration Commission

On July 6, 2015, at a time when the 20th anniversary of the promulgation of the Chinese Arbitration Law and the establishment of the Beijing Arbitration Commission is approaching, the Beijing Arbitration Commission, also known as the Beijing International Arbitration Center (the “BAC”) successfully hosted the 2015 London Annual Summit On Commercial Dispute Resolution In China at the Copthorne Tara Hotel London Kensington, jointly with the BPP University (BPPU), the Centre for Commercial Law Studies, Queen Mary University of London (QMUL), the Institute of Advanced Legal Studies (IALS), University of London.

The Summit

This is for the third time the Summit is held in succession to its first launching in 2013. Based on the Commercial Dispute Resolution in China: An Annual Review and Preview (2015) (the “Annual Report”), the Summit has attracted a number of professionals from China, UK and other jurisdictions. Participants including top scholars from renowned colleges, QCs, senior partners from top law firms of various states have conducted a comprehensive and in-depth discussion on different industries of Chinese commercial dispute resolution. The Summit covered eight parts in total, respectively on arbitration and mediation, dispute resolution in energy, construction, international trade, financial, real estate, investment and Intellectual Property industries. Just as commented by Hon. Mr. Justice Blair of the High Court of England in its closing remarks, “this summit covers a real and extensive scope, with detailed and profound content, and the report has also truthfully and elaborately shown the progress and achievement of arbitration development in China”.

The Summit is sponsored by Clyde & Co and Taylor Wessing, and is supported by 4 New Square, the China Britain Law Institute and LexPR, with media support from LexisNexis, Wolters Kluwer, Business Law, China’s Law, Inter-Pacific Bar Association Journal, Asian Dispute Review, Global Arbitration Review, Legal Daily, People's Court Daily, China Economic Weekly, Legal Person, and famous Chinese and foreign websites like China Go Aboard.

Dr. Chen Fuyong	Madame Wang Hongsong

Prof. Peter Crisp	Prof. Loukas Mistelis	Mr. Jules Winterton

The opening ceremony was hosted by Dr. Chen Fuyong, Deputy Secretary General of the BAC. The Vice Chairperson of the BAC Madame Wang Hongsong delivered an opening address. She firstly extended warm thanks to the sponsors, supporters, media supporters and participants, and then explained that the Annual Report of 2015, despite the similar sub-topics as last year, had a material update of its content and data analyses. Madame Wang pointed out that the BAC would continue to organize the Annual Report and the Summit, with a sincere wish to promote the communication between Chinese and foreign arbitral communities and to push the wills and decisions of Chinese and foreign exchange on commercial dispute resolution. Professor Peter Crisp, Dean of the Law School of BPPU, Professor Loukas Mistelis, Director of the Centre for Commercial Law Studies, QMUL, and Mr. Jules Winterton, Director and Librarian of the IALS, subsequently gave opening speeches on behalf of the hosting institutions respectively. They expressed high recognition of the Annual Report, and also gave applause to the BAC for its consistent endeavors in promoting the international communication on Chinese commercial dispute resolution. Thereafter, the Summit convened in accordance with the content of the Annual Report on eight sub-topics in turn including Arbitration and Mediation, Dispute Resolution in Energy, Construction, International Trade, Financial, Real Estate, Investment and Intellectual Property industries. The Summit this year adopted an approach of combination of public conference and panel discussion, with public conference on Arbitration and Mediation and Dispute Resolution in Energy industry conducted in the morning, and panel discussions on Financial, Real Estate, Investment and Intellectual Property industries into three groups conducted in the afternoon.

Session on “Recent Development in Chinese Arbitration and Mediation”

Mr. Laurence Lieberman	Ms. Helena Chen

Mr. Rupert Boswall	Mr. Patrick Zheng	Mr. Nicholas Fletcher QC	Mr. Rob Lambert

Mr. Laurence Lieberman, a partner of Taylor Wessing, moderated the session on “Recent Development in Chinese Arbitration and Mediation”. Ms. Helena Chen, a partner of Pinsent Masons LLP and a BAC arbitrator, made a general introduction of the arbitration development in China during the past 20 years according to statistics based on the Annual Review on Commercial Arbitration in China (2015). In particular, she stressed that the year 2014 was undoubtedly the remarkable year with the most booming growth of Chinese arbitration among the past two decades, not only in the caseload, but also in its essence. Ms. Chen then took the BAC as an example and highlighted the BAC’s impressive achievements in its arbitration and mediation services respectively with detailed statistics. Meanwhile, she presented an analysis of the status quo of Chinese arbitration by referring to typical cases. This speech was followed by comments by Mr. Rupert Boswall, a senior partner of Smyth & Co, Mr. Patrick Zheng, a partner of Clyde & Co, Mr. Nicholas Fletcher QC of 4 New Square and Mr. Rob Lambert, a partner of Clifford Chance, who unanimously gave positive evaluation of the gradual improvement of Chinese commercial arbitration’s environment as well as the breakthrough of Chinese commercial mediation system, and also had a specific discussion and communication over those sample cases.

Session on “Recent Developments in Dispute Resolution in Chinese Energy Law”

Dr. Bian Jing	Mr. Zhang Libin

Mr. Paul Cowan	Mr. Benjamin Knowles

The session on “Recent Developments in Dispute Resolution in Chinese Energy Law” was moderated by Dr. Bian Jing, a Teaching Fellow of the School of Oriental and African Studies, University of London. Mr. Zhang Libin, a partner of Broad & Bright and a BAC arbitrator, made a presentation on dispute resolution status quo in Chinese oil and gas, coal mining and power (including renewable energy) industries with reference to representative cases based on the Annual Review on Energy Dispute Resolution (2015). He pointed out that the violent growth of arbitration in 2014 also reflected certain problems with Chinese energy industry like environmental pollution and industrial monopoly, which should be noteworthy to the whole society. Nowadays, Chinese legislation and policy on energy-related arbitration are still in a transitional period, and therefore should be market-oriented and conducted on the ground of existing rules. Mr. Paul Cowan, a barrister of 4 New Square and Mr. Benjamin Knowles, Director of the International Arbitration Dept. of Clyde & Co then had a free discussion with Mr. Zhang and contributed their viewpoints on the prospect of Chinese energy dispute resolution.

Session on “Recent Developments in Dispute Resolution in Chinese Construction Law”

Mr. Andrew Burr	Ms. Tan Jinghui

Ms. Anneliese Day QC	Mr. Tom Duncan

In the session on “Recent Developments in Dispute Resolution in Chinese Construction Law”, Mr. Andrew Burr, barrister of Atkin Chambers, Chief Editor of the Construction Law Journal and a BAC arbitrator, acted as the moderator.

Ms. Tan Jinghui, the author of Annual Review on Construction Dispute Resolution (2015), a partner of the City Development Law Firm, Beijing and a BAC arbitrator, started her presentation with a summary of Chinese economy and its construction law, especially those important revisions thereof. Combined with case studies, she provided an in-depth interpretation of the recent development of Chinese construction law based upon analyses from perspectives of the construction market, law and policy, and contract wording. Ms. Tan was of the opinion that China in the future would promote the integrated development of construction and other industries in various fields, and under the existing legislation, policy adjustments will take place relating to the allocation of risks in finance, business, environmental engineering and commerce. Against such a background, she believed that commercial disputes will become unprecedentedly complicated, which will represent more challenges to dispute resolution practitioners.

Ms. Anneliese Day QC of 4 New Square, Mr. Tom Duncan, a partner of Mayer Brown subsequently gave their comments, viewing that with a further development of Chinese economy, more complex and diversified disputes would arise in the construction industry, and along with it, laws and regulations thereon should be further refined to meet new requirements under the new circumstances.

Session on Session on “Recent Developments in Dispute Resolution in Chinese International Trade Law”

Mr. Anthony Connerty	Dr. Wang Xuehua

Mr. Neil Newing	Mr. Trevor Tan

Mr. Anthony Connerty, a barrister of Gray’s Inn Square, moderated the session on “Recent Developments in Dispute Resolution in Chinese International Trade Law”. Dr. Wang Xuehua, the leading author of the Annual Review on International Trade Dispute Resolution (2015), a partner of Huanzhong & Partners, Beijing, introduced the new laws and regulations as well as sample cases of 2014, and highlighted the up-to-date theoretical achievements on international trade dispute resolution, including price war, reimbursement for interests and cross-border e-commerce dispute resolution under the United Nations Convention on Contracts for the International Sale of Goods. Following his speech, Mr. Neil Newing, Head of the International Litigation & Arbitration Group of Eversheds, and Mr. Trevor Tan, Associate of Norton Rose Fulbright provided remarks as to the change in trend of Chinese international trade dispute resolution as shown by new laws and cases.

Session on “Recent Developments in Dispute Resolution in Chinese Financial Law”

Dr. Tao Xiuming

Mr. Simon Morgan	Mr. Paul Stothard	Mr. Zheng Hui

The session on “Recent Developments in Dispute Resolution in Chinese Financial Law” convened under the hosting of Mr. Simon Morgan, a partner of Simmons & Simmons. Dr. Tao Xiuming, the leading author of the Annual Review on Financial Dispute Resolution (2015), a partner of JunZeJun Law Offices and a BAC arbitrator, opened his speech with the question “why the caseload of Chinese financial disputes keeps going up”. In a mode of interaction and Q&A, he unveiled the status quo of the Chinese financial market and the measures to improve financial dispute resolution competence in China. Dr. Tao believed that arbitration is of unique value to the handling of cases relating to financial innovation, and financial institutions therefore has been referring more and more such disputes to arbitration. Thereafter, Mr. Paul Stothard, a partner of King & Wood Mallesons and Mr. Zheng Hui, a senior associate of Allen & Overy presented their comments. They thought that comparatively speaking, Chinese financial dispute resolution was still in its initial stage, yet should never be neglected in light of the globalization of Chinese economy.

Session on “Recent Developments in Dispute Resolution in Chinese Real Estate Law”

Mr. Andrew Burr	Mr. Deng Yongquan

Ms. Jane Fu	Ms. Siobhan Cross

Mr. Andrew Burr moderated the session on “Recent Developments in Dispute Resolution in Chinese Real Estate Law”. Mr. Deng Yongquan, the leading author of the Annual Review on Real Estate Dispute Resolution (2015), a partner of Dacheng Law Offices and a BAC arbitrator, firstly introduced the status quo of Chinese real estate market. In view of a market cooling down compared with its booms in previous years, Mr. Deng introduced a series of policies by the government in purpose of promoting the real estate industry, and further the terms of regulations in respect of real estate newly promulgated by the government in 2014. By referring to classic cases regarding real estate cooperative development and transfer of right to use construction land, he offered a deep analysis of the industry. Ms. Jane Fu, a senior lecturer of Deakin University and a BAC arbitrator, and Ms. Siobhan Cross, a partner of Pinsent Masons then provided comments, believing that more complex and diversified commercial disputes would arise within the Chinese real estate industry, and along with this trend, laws and regulations should be more detail-oriented to meet the newly emerging requirements.

Session on “Recent Developments in Dispute Resolution in Chinese Investment Law”

Mr. Anthony Connerty	Mr. Chen Sheng

Ms. Katherine Del Mar	Prof. Ewan McKendrick

The session on “Recent Developments in Dispute Resolution in Chinese Investment Law” was hosted by Mr. Anthony Connerty, a barrister of Gray' Inn Square. Mr. Chen Sheng, a partner of King & Wood Mallesons, presented an analysis of the trend of Chinese investment development and its legal environment, clarified the newly emerged features of investment disputes under the background of a fast growth of Chinese economy, and made an interpretation thereof based on representative cases and relevant regulation terms. Mr. Chen viewed that during the past year of 2014, China embraced a welcome change of release of governmental intervention and respect of party autonomy in its legislation and dispute resolution. There has also been a more rational and objective understanding and analysis of investment activities and contractual terms from the Chinese society.

Ms. Katherine Del Mar, a barrister of 4 New Square and Professor Ewan McKendrick, Dean of Oxford University, jointly acted as commentators. They believed that the investment environment of China has been improved, and such improvement was not separable from the construction of relevant legal systems.

Session on “Recent Developments in Dispute Resolution in Chinese Intellectual Property Law”

Prof. Duncan Matthews	Dr. Xie Guanbin

Mr. Stephen Saltzman	Mr. Tom Carver

Professor Duncan Matthews, Director of IP Law of the Centre for Commercial Law Studies, QMUL, moderated the session on “Recent Developments in Dispute Resolution in Chinese IP Law”. Dr. Xie Guanbin, the leading author of the Annual Review on IP Dispute Resolution (2015), the founding partner of Lifang & Partners and a BAC arbitrator, started his speech with a brief introduction of the general situation of Chinese IP disputes and its increasing trend, and then the noteworthy landmark IP cases and judicial jurisdictions thereof. He was of the opinion that the emergence of new technologies and new industries has already been a significant origin for IP and competition law disputes. Thereafter, Mr. Stephen Saltzman, a partner of Loeb & Loeb and Mr. Tom Carver, Chief Representative of Wragge Lawrence Graham & Co Guangzhou office, provided their comments. They have well noticed China’s growing emphasis on IP protection in recent years, and admired China’s profound research on IP dispute resolution and the efficiency and competence in professional dispute settlement.

Dr. Chen Fuyong	The Hon. Mr. Justice Blair

Closing ceremony	Communication among participants

The closing ceremony was also hosted by Dr. Chen Fuyong. Hon. Mr. Justice Blair of the High Court of England gave a closing address. He highly recognized the academic value and practical significance of the Summit and the Annual Report, believing that this summit covers a real and extensive scope, with detailed and profound content, and the report has also truthfully and elaborately shown the progress and achievement of arbitration development in China. He further viewed that the Summit was a pretty good opportunity for every participant to deeply understand Chinese commercial arbitration. Meanwhile, Mr. Justice Blair thought that the BAC has well promoted the development of arbitration in China, and expressed his expectation of the BAC’s further growth in the future.

Part of speakers and participants

With a chorus of applause from all participants, the Summit successfully came to the end. Following the conference, the hosting institutions held a cocktail reception, where the participants and speakers had a further communication and exchanges.

Cocktail reception

The success of the Summit is due to the active participation of top elites within an extensive scope of industries, both in China and abroad, and wide attention from a number of academics, lawyers and judges attracted by the above eight sub-topics, as well as the full support from those renowned sponsors, supporters and media supporters. The year of 2015 is the 20th anniversary of the promulgation of Chinese Arbitration Law, and during the past two decades the Chinese arbitration has had a boosting development. A pressing problem thereof is how to take the opportunity and face the challenges, and to continue the promotion of arbitration development in China. As a leading Chinese diversified dispute resolution institution, the BAC in the future shall host more summit, colloquia, seminars and lectures on commercial dispute resolution, both in China and abroad, so as to build a solid platform and bridge for international and domestic communication within the industry, as well as to promote the international exchanges on commercial dispute resolution and contribute its efforts to the development of international dispute resolution.