Publish time: Fri Jul 14 15:13:31 CST 2017
On June 19, 2017, the Beijing Arbitration Commission (BAC)/Beijing International Arbitration Center, Chartered Institute of Arbitrators (CIArb), the Centre for Commercial Law Studies, Queen Mary University of London and Institute of Advanced Legal Studies of University of London (IALS) successfully co-organized and held the “2017 London Summit on Commercial Dispute Resolution in China" in London, UK.
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Dr.Fuyong Chen (BAC) hosted the opening remark. |
Madam Hongsong Wang (BAC) delivered an opening remark. |
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| Prof.Nayla Comair-Obeid (CIArb), Prof. Loukas Mistelis(Queen Mary University of London) and Mr Jules Winterton delivered opening remarks. | ||
Clyde & Co International Law Firm, AnJie Law Firm, DaHui Lawyers, Jingtian & Gongcheng sponsored the summit. Kuala Lumpur Regional Centre for Arbitration (KLRCA), Australian Centre for International Commercial Arbitration (ACICA), The Cairo Regional Center For International Commercial Arbitration (CRCICA), Câmara de Comércio Brasil Canadá (CAM•CCBC), International Arbitration Institute, the Premier Forum for International Arbitration (IAI), Mayer Brown JSM, HOGAN LOVELLS INTERNATIONAL LLP, Linklaters LLP, Steptoe & Johnson LLP, Kromann Reumert, Curtis, Mallet-Prevost, Colt & Mosle LLP, Solton & Partners, Smyth & Co in association with RPC, Fieldfisher, LEXPR contributed efforts to the preparation of this summit. Wolters Kluwer and Sina Judiciary also participated in the summit as media partners.
During the last five years, the Chinese economy changed along with global economic fluctuations. Accordingly, Chinese commercial dispute resolution methods also swayed and progressed with the changes by taking the examples of international precedents, and adjusted its strategy and approaches in response to the commercial environment in China. Under this set of circumstances, the BAC has held the Annual Summits for the past five consecutive years in the world’s arbitration capital, London. This forum not only demonstrated the latest examples of Chinese commercial dispute resolution practice, but even more provided Chinese and foreign legal traditions a stable and predictable opportunity. As Vice Chairperson of BAC/BIAC Madam Hongsong Wang said during the Opening Remark, “Giving advice and suggestions, many speakers were expecting an internationalization of dispute resolution practice in China and an ongoing fusion of different laws and traditions. The BAC, as the leading arbitration institution in China, not only listened to their presentations but internalized and put them into action”.
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Dr. Helena Chen delivered her report |
Mr.Jingzhou Tao hosted |
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| Ms.Hilary Heilbron QC and Mr. Jeremy Sharpe made comments | ||
Discussions in the Arbitration & Mediation session
For example, this year’s summit during the Arbitration and Mediation session (Overview of the PRC's Arbitration and Mediation Practice: Trends and Challenges) the reporter Dr. Helena H.C Chen (Partner at Pinsent Masons LLP, chief representative of its Beijing office), the moderator Mr. Jingzhou Tao (Managing Partner at Dechert LLP, who is in Charge of Business Development in Asia), and the commentators Ms. Hilary Heilbron QC (barrister at Brick Court Chamber) and Mr. Jeremy Sharpe (partner at Shearman & Sterling LLP) discussed the “Three Specific Arbitrations” judicial opinion published in 2016, which is a very good example of how Chinese dispute resolution practice is becoming more in line with the world.
Although the UK and Europe are now facing unprecedented challenges, the participation of many distinguished guests of this summit clearly shows that globalization is maybe the solution to the world economic slowdown. As Professor Nayla Comair-Obeid said in the Welcome Adress, “that as the leading arbitration commission in the world, CIArb’s support to the BAC is not only a symbol of friendship between the two, but also its dedication to promote and facilitate the development of dispute resolution in the world”.
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Dr. Xuehua Wang delivered his report |
Mr. Gavin Denton hosted |
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Mr. Patrick Zheng commented |
Discussions in the International Trade session |
In the International Trade session (Invigorating Trade and Developing Dispute Resolution in the PRC) of this year’s summit, the reporter Dr. Xuehua Wang, (Partner at Beijing Huanzhong & Partners), the moderator Mr. Gavin Denton (International Arbitrator at Arbitration Chambers Hong Kong), and the commentator Mr. Patrick Zheng (Managing Partner at Clyde & Co LLP) all pointed out the same perspective when discussing promoting and realizing free trade zones under the Belt and Road initiative that Chinese economy had shown signs of recovery in 2016, and the Chinese policy rationale of “outward and forward thinking” is based on the realization of the importance of globalization. This is key to Chinese economy revival.
Undoubtedly, economic development has its ups and downs, and the spread of western civilization to the East and vice-a-versa is not an immutable trend. As Prof. Loukas Mistelis, (Director, School of International Arbitration, QMUL) said in the Welcome Adress, “For some time now, we seem to have been thinking that maybe we live in the post-golden era in arbitration; if the golden era, for example, was to be identified with the adoption of the New York Convention and certainly accepted of the New York Convention with a broader context……And this nationalistic populism has clear expressions in the arbitration world. the near collapse of the TPP, the Trans-Pacific Partnership, which was an attempt to develop a Trans-Pacific Partnership but without China, interestingly enough, if it is to be saved, it will have to be saved with the Chinese participation”.
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Dr. Libin Zhang delivered her report |
Ms.Nadia Darwazeh hosted |
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Ms. Ana Stanic commented |
Discussions in the Energy session |
Regarding this matter, the reporter Dr. Libin Zhang (Partner at Broad & Bright Law Firm), the moderator Ms. Nadia Darwazeh (Partner at Curtis, Mallet-Prevost, Colt & Mosle LLP ) and the commentator, Ms. Ana Stanič (partner at E&A Law) in the Energy session (Risk Management and Dispute Resolution of Mining Rights Transaction in the PRC) of this summit, when discussing The Paris Agreement, Chinese energy price, and tax reform under European approach, also expressed the same opinion. In their opinion, China will extensively collaborate with European countries on the energy issue, and China may be the global pioneer with regard to energy reform commitments. China will be more vocal in the post golden era of international arbitration.
Over the years BAC summits were not merely about “Practitioners discussing practical issues”. Rather as Mr. Jules Winterton, Director, IALS, pointed out, “The London summit has become a fixture in the calendar, and the documentation, the annual review, has become an essential reference work. Long may this new tradition continue for the benefit of wider knowledge and understanding, and to provide further engagement for the encouragement for the economic relations between our countries”.
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Dr. Xiuming Tao delivered his report. |
Mr. Zhi Bao delivered his report. |
Ms. Lisa Bingham hosted |
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| Mr. Anthony Jones commented Dr. Mohamed S.Abdel Wahab commented | ||
Discussions in the Investment & Finance session
During the Investment and Finance session (The Impact of Regulatory Changes on Private Investment & Finance Disputes in the PRC) co-reporters Dr. Xiuming Tao (Partner at JunZeJun Law Offices) and Mr. Zhi Bao (Partner at FenXun Partners), moderator Ms. Lisa Bingham (Deputy Executive Director of International Council for Commercial Arbitration; Legal Counsel at Permanent Court of Arbitration), and commentators Mr. Anthony Jones (Barrister at 4 New Square), Mr. Steven Thompson QC (Barrister at XXIV Old Buildings), and Prof. Dr. Mohamed S.Abdel Wahab (Founding Partner and Head of International Arbitration, Zulficar & Partners; Chair, Private International Law (Cairo University)) discussed Chinese private investment and finance arbitration and reached a consensus on several topics. The panelists agreed that arbitration is the best method for solving financial and investment disputes because arbitration centers and arbitrators in settling disputes via the law and with an eye towards actual business practices serve as a bridge between policy makers and researchers of supervisory boards and real parties to a dispute.
As the hottest topic in China recent years, discussion of Belt and Road initiative issues naturally dominated the proceedings throughout the day. The reason being perhaps, as Dr. Nabil Elaraby, Head of CRCICA's Board of trustees, CRCICA, described it is because “I had the honour and pleasure to hear directly from president Xi Jinping about the Belt and Road initiative and the vision behind it. All the countries present highly appreciated this great initiative by China that will directly contribute to improving conditions in many countries. The importance of what we heard today comes from its contribution to the promotion of commercial relationships, investments and capitals flows within the countries along the Belt and Road. This leading initiative includes countries from various parts of the world, central Asia, middle-east, south Asia, Europe, Africa. The exchange and sharing of experience between legal professionals and dispute settlement practitioners belonging to the countries along the Belt and Road is a must to facilitate investment transactions and enhance cooperation”.
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Ms. Jinghui Tan delivered her report |
Mr Adrian Hughes QC hosted |
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Dr. Ismail Selim commented |
Discussions in the Construction session |
During this year’s Construction session (The Trends in Construction Market in the PRC: PPP Practice on Infrastructure Development) reporter Ms. Jinghui Tan (Director of City Development Law Firm (Beijing)), moderator Mr. Adrian Hughes QC (Barrister at 39Essex Chambers), and commentator Dr. Ismail Selim (Director of CRCICA), the panel of speakers focused on the trajectory of PPP development. For example one topic of interest was how Egyptian legislators have in response to the PPP created a committee（Supreme Committee for PPP affair） to oversee PPP projects and how, having withstood the chaos of the Arab Spring, could potentially be a model for China.
Dr. Nabil Elaraby during his closing remarks made recommendations regarding the Belt and Road initiative. For example, Mr. Elaraby advised that, “train national judges in various jurisdictions in raising their awareness on international trade issues and the objectives of the Belt and Road initiative. And it is also important to ensure their understanding of international arbitration and develop an arbitration friendly culture to help support the arbitration process.” His suggestions were similar to Madam Hongsong Wang’s, Vice Chairperson, BAC/BIAC, in her opening remarks. She said, “What I can guarantee is that the BAC and all of those in attendance today will seize every opportunity to listen to different voices, use our expertise to settle disputes, and bridge gaps between different ideas, so that we may contribute and safeguard the flourishing of trade and business. After all, this is what our profession (dispute resolution) is all about”.
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Mr. Dennis Deng delivered his report |
Mr. Rupert Boswall hosted |
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Mr. Peter Thorp commented |
Discussions in the Real Estate session |
In fact, as was revealed during the Real Estate session (Value Orientations in Real Estate Dispute Resolution in the PRC: Approaches to Good Faith & Fairness) in a discussion between reporter Mr. Dennis Deng (Partner at Dentons (China) LLP), moderator Mr. Rupert Boswall (Senior Partner at Smyth & Co in association with RPC), and commentator Mr. Peter Thorp, international arbitrator, that judges, when interpreting the definition and application of good faith and fairness weigh the background of a deal and the true intentions of the parties.
Sir William Blair, Judge in charge of the Commercial Court, High Court of Justice of England and Wales mentioned in his closing remarks that, “This shows the important link between courts and arbitration. It’s probably true to suggest that the key to developing a successful arbitration centre is not so much the content of the arbitration law though that is important but more the relationship between arbitration and the courts of the seat”.
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Dr. Guanbin Xie delivered his report |
Mr. Torben Waage hosted |
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Ms. Diana Sternfeld commented |
Discussion on Intellectual Property session |
During the summit’s last session on Intellectual Property (Enforcement of Intellectual Property in the PRC: Options and Solutions) reporter Dr. Guanbin Xie (Partner at Lifang & Partners), moderator Mr. Torben Waage (Partner at Kromann Reumert), and commentator Ms. Diana Sternfeld (Partner at Fieldfisher LLP) showed a difference of opinion in regards to the arbitratibility of patents, which led to a spirited debate. Perhaps the only common ground they could find was their agreement that the central factor affecting this issue is the heterogeneous way that different countries legislators and judges approach the balancing of rights and interests.
HE Dr. Nabil Elaraby delivered his closing remark
Sir William Blair delivered his closing remark
The BAC team of event organizers has received well deserved praise for their world class effort and creativity in putting together this international summit. Over one hundred and thirty summit attendees not only listened intently to presentations and asked questions, but during the coffee breaks and cocktail receptions showed a real enthusiasm for discussing Chinese business and dispute resolution. Perhaps the golden age arbitration is over, and maybe the economy is due for another downturn and globalization has met its downturn, but the BAC will continue to cooperate with its international contacts and will be resolute in our determination to provide quality, professional service. We face the world so that China’s excellent arbitration practice can shine.
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| Participants asking questions and exchanging opinions | ||
As Madam Hongsong Wang, Vice Chairperson of BAC/BIAC, stated, “Five-year plans have been crucial both politically and economically because all aspects of Chinese society constantly improve under the guidance of ambitious goals every five years. At the end of each five-year plan, we Chinese people always celebrate the implementation and achievements as well as contemplate the next ambitious five-year plan”. Now we celebrate the success of the fifth-year of the London Summit on Commercial Dispute Resolution in China, while, at the same time, continuing and planning for its continued rise in international stature and influence. We will continue to organize and hold first-rate research seminars involving industry leaders in dispute resolution to raise the business and legal standards in China. In doing so, we will not only improve China’s international commercial relations but also provide a superior forum for dispute resolution.
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