Publish time: Thu Jul 12 11:25:30 CST 2018
On June 18 2018, the 2018 Nordic Summit on Commercial Dispute Resolution in China (the “Summit”) was successfully hosted in Stockholm, Sweden by the Beijing Arbitration Commission / the Beijing International Arbitration Center (the “BAC”), jointly with the Arbitration Institute of Stockholm Chamber of Commerce (the “SCC”), the Danish Institute of Arbitration (the “DIA”), the Arbitration Institute of the Finland Chamber of Commerce (the “FIA”) and the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce (the “OCC”).
It is for the first time a Chinese arbitration institution works with the most influential arbitration institutions of the Nordic countries and jointly hold an event on commercial dispute resolution. At the beginning of the Summit, Dr. Chen Fuyong, Deputy Secretary General of the BAC, Prof. Dr. Kaj Hober, Chairperson of the SCC, Mr. Stephen Knudtzon, Chairperson of the OCC, Mr. Steffen Pihlblad, Secretary General of the DIA and Mr. Jussi Lehtinen of the FAI, delivered their welcome addresses, respectively. In addition to legal professionals from China, a number of experts with international influence within the dispute resolution sector from the four Nordic countries have been invited to this Summit to participate in the exchange and discussion. Before the end of the Summit, Ms. Annette Magnusson, Secretary General of the SCC, delivered the closing remarks.
Dr. Chen Fuyong
Prof. Dr. Kaj Hober
Mr. Stephen Knudtzon
Mr. Steffen Pihlblad
Mr. Jussi Lehtinen
Ms. Annette Magnusson
This Summit belongs to the BAC commercial dispute resolution in China summit series that have been held for six consecutive years. It is for the first time the event steps on the Scandinavia peninsula and unveils the latest development trends and practice achievements of dispute resolution in China, which also serves as a professional platform for legal exchange and integration between China and Nordic countries. As commented by Dr. Chen Fuyong in his opening address, China has greeted the world with open arms ever since the launch of its economic reform, and the economic openness has brought diversified and internationalized development of the Chinese commercial dispute resolution. Arbitration institutions, at the forefront of this trend, are not only destined to provide fair and efficient arbitration services, but shall also strengthen their legal exchange and cooperation with different countries and regions, promote trade and investment growth, and advocate the harmonious dispute resolution culture.
This grand event was highly recognized by the joint organizers and the audience. Prof. Dr. Kaj Hober said that China has an increasingly close trade connection with Nordic countries, and with the impetus of the Belt and Road Initiative, China has been playing a more active role in the global economy, which also produced more opportunities to international commercial dispute resolution. The SCC as one of the mostly long-standing international arbitration institutions, looks forward to more in-depth exchange and cooperation with the BAC. Other speakers also expressed the same expectation in their opening addresses, and believed that China has always been an important trade partner of Nordic countries, and dispute resolution involving Chinese enterprises has covered various areas all over the world since China is a major economy of the world. The success of this Summit has also facilitated the gathering of the four Nordic arbitration institutions for the first time, whereby they had a joint discussion and in-depth understanding of the Chinese dispute resolution practice. Ms. Annette Magnusson said in her closing remarks that the latest trends in various areas of the Chinese commercial dispute resolution as presented in the Summit were actually amount to the development trend of international commercial dispute resolution, as Chinese experience and development have provided many countries with valuable reference, and thus the SCC hopes to work with international institutions such as the BAC to continue to constructively promote their respective businesses in extensive areas.
During the keynote discussion sessions, legal experts from China had in-depth discussions with experts from Sweden, Denmark, Finland and Norway on academic hot issues and practice experience of dispute resolution in different areas.
Dr. Wang Xuehua
Mr. Zhang Zhi
Panel Discussion on the Overview of Arbitration and TPF Practice in the PRC
In the Session themed “The Overview of Arbitration and TPF Practice in the PRC”, the keynote speakers Dr. Wang Xuehua (Partner of Beijing Huanzhong & Partners) and Mr. Zhang Zhi (Founding Partner of V&T Law Firm) had sufficient exchange with the moderator Dr. Patricia Shaughnessy (Vice Chairperson of the SCC) and the commentators Mr. Jussi Lehtinen (Partner of Dittmar & Indrenius) and Mr. Henrik Gisløv (Attorney of Andersen Partners) on the development of arbitration in China and abroad as well as the TPF practice in China, and also conducted a fruitful discussion concerning the necessity of TPF regulation.
Mr. Fei Ning
Panel Discussion on the Overview of Commercial Mediation Practice in the PRC
The Session themed “The Overview of Commercial Mediation Practice in the PRC” was a debut show in this Summit. The keynote speaker Mr. Fei Ning (Partner of Hui Zhong Law Firm) had a discussion and sharing of the uniqueness and superiority of the Chinese mediation practice with the moderator Mr. Ola Nisja (Partner of Wikborg Rein) and the commentators Mr. James Hope (SCC Board Member) and Mr. Petri Taivalkoski (Partner of Roschier). Mr. Fei started with the Chinese conventional wisdom of “peace and harmony”, and introduced several forms of innovation of the current mediation mechanism in China, with an analysis of the reasons of its effectiveness in China. It is agreed by the speakers that mediation is an effective means of maximizing commercial interests for both parties in commercial dispute, and the Chinese mediation practice has a lot to teach to other international judicial and arbitration institutions.
Mr. Hu Xian
Panel Discussion on the Implications of COC, Take-or-pay, Price Review and Other Customary Energy Contract Clauses under Chinese Contract Law
In the Session on energy, the keynote speaker Mr. Hu Xian (Executive President of Legal Capital Institute (Shenzhen)) and the moderator Mr. Niels Schiersing (Independent Arbitrator of Arbitration Chambers Hong Kong & London) and the commentators Ms. Shirin Saif (Senior Associate of Roschier) and Ms. Anette Kavaleff (Founder of Oy Kavaleff Consulting Ab) conducted a discussion on the judicial practice of COC, take-or-pay and other customary energy contract clauses. Mr. Hu also introduced the development and reform of energy law in the “new normal” situation in China, and how to better resolve energy disputes by means of contract modification and the proper selection of dispute resolution means.
Dr. Zhou Xianfeng
Panel Discussion on Latest Development in Construction Law in the PRC
In the Session themed “Latest Development in Construction Law in the PRC”, Dr. Zhou Xianfeng (Partner of JunHe LLP), the keynote speaker, had a discussion on the “DIO” (Deregulation, Incorporation of deregulation and administration, Optimization of Services) reform of the Chinese construction industry, the development of overseas construction projects and hot issues of EPC contracts and relevant judicial practice with Mr. Antti Järvinen (Partner of Hannes Snellman Attorneys Ltd), the moderator, and Mr. Geir Sviggum (Partner of Wikborg Rein) and Mr. Mathias Steniø (Partner of Hafnia Law firm), the commentators.
Dr. Tao Xiuming
Mr. Bao Zhi
Panel Discussion on the Overview of Private Investment and Finance Disputes in the PRC
The last Session of the Summit was themed “the Overview of Private Investment and Finance Disputes in the PRC”, where the keynote speakers Dr. Tao Xiuming (Partner of JunZeJun Law Offices) and Mr. Zhi Bao (Partner of Baker McKenzie FenXun) had a discussion with the moderator Mr. Fredrik Ringquist (Partner of Mannheimer Swartling) and the commentators Prof. Giuditta Cordero-Moss (Professor of University of Oslo) and Ms. Xue Xue (Attorney of Andersen Partners) concerning the features of innovative financial products and investments and their corresponding legislation measures and judicial practice, cross-border investment dispute resolution, share repurchase and other hot issues. The keynote speakers also shared different emphases of Chinese and European enterprises in their dealing with financial and investment disputes.
Q&A session
It is for the sixth year the BAC holds its commercial dispute resolution in China summit series, with the most joint organizers by far. A number of innovative works have been tried out in the agenda design, the arrangement of panel discussions, and the overall organization and promotion, where the BAC has demonstrated its high-level capability of coordination and organization. With attractive topics, the speakers participated in the panel discussions with concentration and insightful questions, and even continued their talks during the coffee breaks, the networking lunch and the cocktail reception, where they had in-depth discussion and exchange on issues concerning the business environment and dispute resolution in China.
Group photo
The BAC will keep its cooperation with its partners worldwide, constantly provide qualified and professional arbitration services, and introduce the valuable Chinese arbitration practice to the world. The BAC will also continue to broaden the popularity and influence of its summit series around the world, gathering the leading international dispute resolution practitioners with first-class colloquia and promoting the image of the business and legal environment in China, and thereby building a reliable legal environment for the international transactions of Chinese business entities and providing them with more options for dispute resolution.
This Summit was assisted by the Asia International Arbitration Center (AIAC), the Cairo Regional Centre for International Commercial Arbitration (CRCICA), the University of Copenhagen and the Russian Arbitration Association during the preparatory period, with joint media support from Wolters Kluwer, the “ChinaGoAbroad.com” (CGA) and the Global Arbitration Review (GAR).