Publish time: Fri Jul 14 15:51:40 CST 2017
The 2017 Vienna Summit on Commercial Dispute Resolution in China (“BAC Summit”), jointly hosted by the Beijing Arbitration Commission/ Beijing International Arbitration Center (“BAC/BIAC”) and the Vienna International Arbitration Centre ( “VIAC”), successfully took place in Vienna, Austria on the 21st of June, 2017.
The BAC Summit marked its beginning with the opening speech delivered by Madam Hongsong Wang, the Vice-Chairperson of the BAC/BIAC, and Dr. Manfred Heider, the Secretary General of the VIAC. The BAC Summit not only invited Chinese legal experts, but also more than 20 internationally renowned experts to join, including Mr. José Angelo Estrella-Faria, the Secretary-General of the International Institute for the Unification of Private Law (UNIDROIT), and Dr. Veit Öhlberger, the Secretary of the International Arbitration Commission of the Union Internationale des Avocats (UIA) etc.. To mark the end of the Summit, Mr. Renaud Sorieul, the Secretary of the United Nations Commission on International Trade Law (UNCITRAL) delivered a closing speech.
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Madam Hongsong Wang (BAC) delivered an opening remark |
Dr.iur. Manfred Heider (VIAC) delivered an opening remark |
Mr. Renaud Sorieul (UNCITRAL) delivered a closing remark
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| Dr. Fuyong Chen (BAC) and Dr. Alice Fremuth-Wolf (VIAC) hosted the opening and closing remark respectively | |
The objective of the BAC Summit was to showcase the latest practice of dispute resolution in China, and to provide a professional platform and a valuable opportunity for legal experts from both China and foreign countries to communicate and learn from each another. As stated by Madam Wang in her opening speech, “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”.
Both the objective and the value of the Summit were held in high regard by the guest speakers. As mentioned by Dr. Heider in his opening speech, China was one of the most important markets to Austria and its neighboring countries. As a leading arbitration institution in Europe, the VIAC has dealt with a large quantity of cases involving Chinese enterprises. In this regard, an in-depth understanding of the dispute resolution practice in China was of paramount importance to enterprises and legal practitioners in Austria and for this purpose, the BAC Summit has provided an imperative path. Mr. Estrella-Faria also emphasized in his speech that the PRC government’s implementation of the Belt and Road Initiative would facilitate international economic activities and it was inevitable for related commercial disputes to arise. Therefore, the unification of the application of procedural and substantive law has become more important. Against this backdrop, legal documents with a more universal application, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG) and UNIDROIT Principles of International Commercial Contracts (UPICC), shall play a more important role. In the closing speech delivered by Mr. Sorieul, he mentioned that the primary task of the UNCITRAL was to coordinate, at a global level, the operation of international institutions in the domain of international trade, and to strive to harmonize and integrate the international trade law. These tasks corresponded to the objectives and value orientations adopted by the BAC/ BIAC. On this basis, the UNICITRAL hoped to see more institutions like the BAC/ BIAC which actively promote constructive work in their respective area of expertise.
In each round of discussion, legal experts from China, and countries such as Austria, Germany, Poland and the United States explored procedural and substantive legal matters in relation to various dispute resolution practices.
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Dr. Helena Chen delivered her report |
Dr.Sabine Stricker-Kellerer hosted |
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Dr. Venus Valentina Wong commented |
Discussion on Arbitration & Mediation session |
In the section entitled “Arbitration & Mediation” (Overview of the PRC’s Arbitration and Mediation Practice: Trends and Challenges”, Dr. Helena Chen, Chief Rep. of Beijing Office and Partner of Pinsent Masons LLP, Ms Venus Valentina Wong, Counsel of Wolf Theiss Austria, and Dr. Sabine Stricker-Kellerer, Partner of SSK Asia, acted as Reporter, Commentator and Moderator respectively and discussed the China-Europe and China-Austria arbitration and mediation practice. In particular, they paid some attention to the Opinions on Providing Judicial Safeguards for the Construction of Pilot Free Trade Zones issued by the Supreme People’s Court in 2016 and the three “specific” requirements under article 9 of the Opinions.
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Dr. Xiuming Tao delivered his report |
Mr. Zhi Bao delivered his report |
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Dr. Veit Öhlberger hosted |
Dr. Florian Haugeneder commented |
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Mr. Filip Boras commented |
Discussion on Investment and Finance session |
In the section entitled “Investment and Finance” (The Impact of Regulatory Changes on Private Investment & Financial Disputes in the PRC), Dr. Xiuming Tao, Partner of JunZeJun Law Offices and Mr. Zhi Bao, Partner of FenXun Partners, acted as Co-Reporters; Dr. Veit Öhlberger, Partner of Dorda Brugger Jordis Rechtsanwälte GmbH acted as Moderator; Mr. Florian Haugeneder, Partner of KNOETZL HAUGENEDER NETAL Rechtsanwälte GmbH and Mr. Filip Boras, Senior Associate of Baker McKenzie acted as Commentators. They conducted an in-depth analysis and shared their opinions concerning the arbitrability of regulatory behavior of financial investment; the conditions of multi-party arbitration; the possibility for financial consumers to submit disputes to arbitration; the standard of court review; and how similar Austrian cases were dealt with.
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Dr. Xuehua Wang delivered his report |
Dr. Nikolaus Pitkowitz hosted |
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Mr. José Angelo Estrella Faria commented |
Discussion on International Trade session |
In the section entitled “International Trade” (Invigorating Trade and Development Dispute Resolution in the PRC), Dr. Xuehua Wang, Partner of Beijing Huanzhong & Partners, Mr. Estrella-Faria and Dr. Nikolaus Pitkowitz, Partner of Graf & Pitkowitz Rechtsanwälte GmbH, acted as Reporter, Commentator and Moderator respectively. They discussed the innovative proposals put forward by the PRC government concerning the negotiation of bilateral trade agreements, free trade zones, and the Belt and Road Initiative, in particular their impact on the area of dispute resolution at a national level in China and a global level against the backdrop of global economic slowdown and the challenges in international trade confronting China. They also emphasized the significance of CISG and UPICC. In this round of discussion, Dr. Pitkowitz showed a specific interest in the appointment of arbitration by the BAC/ BIAC in the area of international trade law. In response to his question, Dr. Chen Fuyong introduced the information inquiry system which provided convenient access to the information of BAC/ BIAC arbitrators, their area of expertise, and the status of their cases.
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Ms. Jinghui Tan delivered her report |
Mr. Dennis Deng delivered his report. |
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Hon.-Prof Dr. Irene Welser hosted |
Ms. Patrizia Netal commented |
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Mr. Martin F. Gusy commented |
Discussion on Construction and Real Estates session |
In the section entitled “Construction & Real Estate” (The Trends and Value Orientations in the PRC’s Construction and Real Estate Markets: Law Practice and Approaches), Dr. Irene Welser, Partner of CHSH Cerha Hempel Spiegelfeld Hlawati Rechtsanwälte GmbH, acted as the Moderator; Ms Jinghui Tan, Director of City Development Law Firm (Beijing), and Mr. Dennis Deng, Partner of Dentons (China) LLP, acted as Co-Reporters; Ms. Patrizia Netal, Partner of KNOETZL HAUGENEDER NETAL Rechtsanwälte GmbH, and Mr. Martin F. Gusy, Partner of K&L Gates LLP, acted as Commentators. They discussed the development and legal matters in relation to Public-Private Partnership; the standard imposed by the court in determining whether a matter is contrary to public interest; and the interpretation and applicability of the principle of fairness in typical Chinese real estate cases.
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Dr. Libin Zhang delivered his report |
Ms. Eliane Fischer hosted |
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Dr. iur. Lisa Beisteiner commented |
Discussion on Energy session |
In the section entitled “Energy” (Risk Management and Dispute Resolution of Mining Rights Transaction in the PRC), Dr. Libin Zhang, Partner of Broad & Bright Law Firm, Ms. Eliane Fischer, Principal associate of Freshfields Bruckhaus Deringer LLP, and Dr. iur. Lisa Beisteiner, Partner of Zeiler Partners, acted as Reporter, Moderator and Commentator respectively. They discussed issues arising in energy dispute resolutions, such as mining exchange, the remedy for the failure in grid-connected generation of electricity from renewable energy sources. On top of this, they adopted the perspective of comparative law to examine the different methods and legal basis between China and the European Union in handling energy disputes.
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Dr. Guanbin Xie delivered his report |
Dr. Michael Woller hosted |
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Dr. Arthur Wolff commented |
Discussion on Intellectual Property session |
In the section entitled “Intellectual Property” (Enforcement of Intellectual Property in the PRC: Options and Solutions), Dr. Guanbin Xie, Partner of Lifang & Partners, Dr. Michael Woller, Counsel of Schönherr, and Dr. Arthur Wolff, Counsel of Baier Partners, acted as Reporter, Moderator and Commentator respectively. They explored the legislative trend and case law for protecting intellectual property rights in the PRC, as well as the question as to determining remedy for infringement of intellectual property. In addition, they shared their opinions on the special treatment of trade secrets in China.
It is worth mentioning that Dr. Wolff, by the end of his round of discussion, expressed his appreciation towards the BAC/ BIAC regarding it independence, innovations and it standing out from a wide range of international arbitration institutions. He also held in high regard for Madam Wang. As Madam Wang stated in her opening speech, “What I am pretty sure is that, the BAC and all the guests sitting in this room are confident that we will seize every opportunity to hear different voices, to bridge gaps between different ideas, and to safeguard trade and commerce. After all, that is what our dispute resolution practitioners do”. Her outlook illustrated the self-requirement and mission of the BAC/ BIAC to constantly improving as a leading dispute resolution institution in China. This strong sense of responsibility and mission to China’s arbitration practice is what makes BAC/ BIAC strive to improve and gain international recognition.
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Guests actively participated in the Summit
The BAC Summit adopted a number of innovations in the process of preparation, the set-up of rounds of discussion, and the overall propaganda. The BAC’s ability to coordinate the Summit has measured up to the international standard and was highly praised by all parties it collaborated with. The topics of discussion were intriguing. The venue was fully seated. Also, not only did the participants actively take part during the rounds of discussion, but they also shared their opinions with passion during networking lunch, coffee break and cocktail reception.
A group photo taken to celebrate the end of the BAC Summit
BAC/ BIAC will continue its collaboration with its partners and strive to provide professional arbitration services to show to the world the high-quality arbitration practice in China. Madam Wang indicated in her opening speech that, “The fifth year of any venture is special in China. 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”. While celebrating the 5th plan having successfully taken place in London, Vienna and Zurich, the BAC/ BIAC and its team will, under the leadership of the management, continue to raise the prestige and influence of the BAC in the world, gather the top international dispute resolution practitioners with top conferences and seminars, and raise the reputation of China’s business and legal environment. With the above, the BAC/ BIAC will strive to provide a good environment for international trade involving Chinese enterprises, and more alternatives for dispute resolution.
Anjie Law Firm, DaHui Lawyers provided sponsorship for the Summit. Other supporting institutions include the Kuala Lumpur Regional Centre for Arbitration (KLRCA), the Australian Centre for International Commercial Arbitration (ACICA), the Cairo Regional Centre for International Commercial Arbitration (CRCICA), the Chamber of Commerce Brazil-Canada (CAM/CCBC), the International Arbitration Institute, the Premier Forum for International Arbitration, Mayor Brown JSM, Hogan Lovells, Linklaters, Steptoe & Johnson LLP, Kromann Reumert, Curtis, Mallet-Prevost, Colt & Mosle LLP, Smyth & Co in association with RPC, Fieldfisher, and LexPR. Besides, Wolters Kluwer and SINA Judiciary joined the Summit as media partners.