Publish time: Thu Jul 12 11:13:15 CST 2018
On June 22 2018, the 2018 Edinburgh Summit on Commercial Dispute Resolution in China (the “Summit”) was successfully hosted in Edinburgh, a noted historic and cultural city of the UK and the capital of Scotland, by the Beijing Arbitration Commission / the Beijing International Arbitration Center (the “BAC”), jointly with the Scottish Arbitration Centre (the “SAC”).
Dr. Chen Fuyong
Mr. Brandon J Malone
Mr. Andrew Mackenzie
It is for the first time the BAC holds the summit on commercial dispute resolution in China in Edinburgh, and the last stop of the BAC’s European roadshow 2018 for its annual report of the year. Mr. Andrew Mackezie, Secretary General of the SAC, moderated the opening ceremony. Dr. Chen Fuyong, Deputy Secretary General of the BAC, mentioned in his opening speech that Scotland is an important trade partner of China, with increasingly frequent exchange therewith in the areas of trade service and investment. It is the 40th anniversary of China’s launch of its economic reform, and during the past four decades, China has been deeply integrated with the global economy, and the trade openness to which China stuck to has promoted a closer tie of economy and trade between China and the outside world. One of the outcomes of this is the rapid growth of the Chinese commercial arbitration. Taking the BAC as a sample, ever since its establishment in 1995, the international caseload, the proportion of foreign arbitrators and female arbitrators as listed in its panel has been on the rise, with a more internationalized selection of arbitration language. Meanwhile, the BAC has been endeavored to conduct exchange and cooperation with colleagues of different jurisdictions, and this Summit is exactly a sample in this respect. At last, Dr. Chen delivered sincere thanks to the joint organizer and those who have provided support to the Summit, and wished the event a great success.
Mr. Brandon J Malone, President of the SAC, said in his opening address that in recent years, the China – Scotland trade and investment enjoyed a growth, the exchange and interaction between European and Chinese enterprises increased steadily, and various academic colloquia have built a bridge for all these activities between China and Scotland, that is helpful to promote the business exchange with Scotland, especially the Edinburgh region.
Then the Summit entered into its keynote speech sessions. Session I was themed “The Overview of Arbitration and TPF Practice in the PRC”, where Dr. Xuehua Wang (Partner of Beijing Huanzhong & Partners) and Mr. Zhi Zhang (Partner of V&T Law Firm) acted as the keynote speakers, Mr. Nigel Cooper QC (Barrister of Quadrant Chambers) as the moderator, and Mr. Hew R Dundas (Hon. Vice-President of Scottish Arbitration Centre) and Mr. Cui Qiang (Partner of Commerce & Finance Law Offices) the commentators. Dr. Wang provided a vivid presentation of the latest development of amendment to the PRC law and rules on arbitration, typical cases and hot topics, and Mr. Zhang introduced the TPF market in China and relevant legal issues from the perspective of investors, and looked into its future development. Mr. Cui and Mr. Dundas provided impressive remarks based on their own practice experience.
Dr. Wang Xuehua
Mr. Zhang Zhi
Mr. Cui Qiang
Mr. Hew R Dundas
Panel Discussion on the Overview of Arbitration and TPF Practice in the PRC
Session II was themed “The Overview of Commercial Mediation Practice in the PRC”, which was moderated by Mr. Graham Boyack (Director of Scottish Mediation). The keynote speaker Mr. Fei Ning (Partner of Hui Zhong Law Firm) made a speech on the PRC practice and innovation of commercial mediation, with an emphasis on hot issues about mediation from angles of legislation, judiciary and social practice. Mr. Michael Davison (Partner of Hogan Lovells), and Mr. Wolf von Kumberg (Managing Director of Global Resolution Services Limited), the commentators, have successively made targeted remarks and had exchanges with the keynote speaker.
Mr. Fei Ning
Panel Discussion on the Overview of Commercial Mediation Practice in the PRC
During the subsequent session on energy, the keynote speaker Mr. Zhang Weihua (Vice president & General Counsel of United Energy Group Limited) provided his analysis and clarification of the implications of COC, take-or-pay, price review and other customary energy contract clauses under the PRC Contract Law. Prof. Peter Cameron (Director of Centre for Energy Petroleum and Mineral Law and Policy (CEPMLP) at the University of Dundee) acted as the moderator, and Mr. Richard Power (Partner of Clyde & Co LLP) the commentator.
Mr. Zhang Weihua
Panel Discussion on the Implications of COC, Take-or-pay, Price Review and Other Customary Energy Contract Clauses under Chinese Contract Law
Mr. Richard Power
Ms. Sarah Grenfell (Partner of CMS) moderated Session IV on construction law. The keynote speaker Dr. Zhou Xianfeng (Partner of JunHe LLP) made his speech themed “Latest Development in Construction Law in the PRC”, and introduced legal issues and the PRC judicial practice on the ground of “streamline administration” reform and new problems within the EPC area. Ms. Grenfell and Ms. Janey Milligan (Former Chair of RICS) then had sufficient communication and exchange with Dr. Zhou concerning issues they were interested in.
Dr. Zhou Xianfeng
Panel Discussion on Latest Development in Construction Law in the PRC
Session V of the Summit was on finance and investment, mainly concerning investment and financial disputes in China. The keynote speaker Dr. Tao Xiuming (Partner of JunZeJun Law Offices) introduced the features of Chinese arbitration of financial disputes and its challenges based on specific cases. Another keynote speaker Mr. Bao Zhi (Partner of Baker McKenzie FenXun) started with the status quo and hot issues of cross-border investment, and provided a systematic and extensive introduction of the current cross-border investment of China. The moderator Mr. Pieter Bekker (Founding Director of Dundee Ocean and Lake Frontiers Institute and Neutrals) and the commentators Mr. Gavin Denton and Mr. Roy Martin QC (Founding Chairman of Scottish Planning Local Government and Environmental Bar Group) conducted a hot discussion with the keynotes speakers on hot issues concerning investment and finance in recent years and harvested fruitful conclusions.
Dr. Tao Xiuming
Mr. Bao Zhi
Panel Discussion on the Overview of Private Investment and Finance Disputes in the PRC
Q&A session
Mr. Gavin Denton
Ms. Annabelle Ewing
The closing ceremony of the Summit was moderated by Mr. Gavin Denton (International Arbitrator of Arbitration Chambers Hong Kong), and Ms. Annabelle Ewing (Minister for Community Safety and Legal Affairs of the Scottish Government) delivered closing remarks. Ms. Ewing expressed warm welcome to the Chinese guests, and congratulations for the great success of the Summit. She said that this Summit covered a number of hot topics on arbitration and law under both Chinese and British laws, which was of high value. Thereafter she stressed that the Chinese government and the Scottish government have long paid attention to culture, education and exchange between institutions and individuals, and have had extensive cooperation in areas of energy, investment and trade, with rich exchange concerning legal culture. All these aspects well promoted the international development of arbitration. At last, she mentioned that the ICCA congress will be held in Edinburgh in 2020, where a reunion is strongly expected.
Cocktail reception
Group photo of the speakers
So far, the three launch events of the BAC’s Commercial Dispute Resolution in China: An Annual Review and Preview (2018) in Europe have come to a successful conclusion. Through this trip across Eurasia, different views rooted in different histories, cultures and legal systems have had in-depth exchange, and have produced rich fruits of wisdom. It is foreseeable that more new issues will constantly emerge in commerce that deserve to be studied. What is more worth expecting is that in such commercial sectors, the BAC will keep its efforts of exploration of such issues. In this October, the BAC will hold another launch event of Commercial Dispute Resolution in China: An Annual Review and Preview (2018) in Hong Kong, and attention and participation of legal professionals will be welcome.
This Summit was sponsored by Commerce & Finance Law Offices, and was assisted by the Asia International Arbitration Center (AIAC), the Cairo Regional Centre for International Commercial Arbitration (CRCICA) and LexPR during the preparatory period, with joint media support from the Global Arbitration Review (GAR), the “ChinaGoAbroad.com” (CGA) and Wolters Kluwer.