Publish time: Wed Nov 07 16:36:47 CST 2018
On the afternoon of September 19 2018, the colloquium themed “Devils are in the Details – International Arbitration Case Study” jointly held by the Beijing Arbitration Commission / Beijing International Arbitration Center (the “BAC”), the Beijing Belt & Road Law Society and the Belt & Road Legal Service Society of Beijing Lawyers Association as a special event of the China Arbitration Week was successfully convened at the BAC International Conference Hall. The event attracted nearly one hundred attendees from governmental authorities, colleges, domestic and foreign companies and law firms.
The colloquium
The colloquium was moderated by Ms. Zhang Wei, Vice President of the Beijing Lawyers Association. Mr. Xu Chuanxi, BAC Committee Member, Chairman of the Beijing Belt & Road Law Society and President of the Beijing College of Politics and Law, delivered a welcome address. Ms. Zhang expressed warm welcome to the speakers and the audience, and congratulated on the success of the China Arbitration Week. Mr. Xu said that under the background of the Belt and Road Initiative, many Chinese enterprises have lost their whole games from the errors in details during their process of going abroad, and that was why case study and details in practice were of great importance.
Ms. Zhang Wei
Mr. Xu Chuanxi
In Session I, Dr. Chen Fuyong, Deputy Secretary General of the BAC, and Mr. Tao Jingzhou, Managing Partner of Asia Practice of Dechert LLP, acted as the keynote speakers. Dr. Chen stressed that it is indeed important to have holistic view and the capability of controlling the whole game, but the details often determine the outcome of dispute resolution. Taking the first emergency arbitrator procedure in mainland China as an example, he summarized ten key points from the case filing, the arbitration fee collection, the appointment of emergency arbitrator, the standard of case review to post- interim measures relief approaches and the like. He further extended the thought, and suggested to leave some leeway in the legal framework, so as to remain more space for future arbitration practice exploration. Meanwhile, Dr. Chen shared his view on issues such as the possibility of interim measure decisions based on domestic law issued by the arbitral tribunal.
Dr. Chen Fuyong
Mr. Tao said that in the existing arbitration related judicial environment in China, although the Chinese government and the Fourth Civil Division of the Supreme People’s Court have provided increasing support to arbitration during the past 7-8 years, the current arbitration legal framework is still insufficient to handle the problems arising from complicated trade and investments, which does not match China’s status as the world’s second largest economy. Mr. Tao suggested that when applying for interim measures, Chinese lawyers should improve their cooperation with the arbitral tribunal, and raise reasonable requests. He also shared the identification of indirect expropriation by governments in overseas investment by referring to a cross-border investment dispute.
Mr. Tao Jingzhou
In Session II, Ms. Huang Rui, Former General Counsel of China General Consulting & Investment Co., Ltd., and Mr. Yuan Huazhi, Senior Partner of Dacheng Law Firm, acted as keynote speakers. Taking two cases of mining transactions she has heard as examples, Ms. Huang shared the factors to be considered for efficient hearing of international cases. She thought that efficient arbitration consists of a series of factors, with impartiality as the premise, and professionalism the foundation. The BAC sticks to the basic principles of natural equity with less time and money consumption, and starts from details, a reflection of its care for arbitrators, scientific administration of arbitration, and respect to the parties and their counsels as well as the arbitration industry.
Ms. Huang Rui
Mr. Yuan Huazhi spoke on the topic of “Effective Progression of International Construction Arbitration Process”. With an international construction case he heard as an example, he introduced how such cases could be effectively progressed. Mr. Yuan started from the determination on jurisdiction, and shared the procedural progression by the combination of orders, the outline of hearing, hearing and deliberation. In particular, he highlighted the six orders the tribunal has issued during the hearing process as well as the positive influence of each of them on procedural progression. In addition, Mr. Yuan shared his opinions on the merits of the case and the notarization of evidence collected from overseas.
Mr. Yuan Huazhi
Following the keynote speeches, the audience had an exchange with the speakers on the rules of evidence collection and preservation in international arbitration during the Q&A Session. In the heated discussion, the colloquium came to its end.
Q&A Session
In the closing session, Mr. Lin Zhiwei, Secretary General of the BAC, delivered a closing speech. Mr. Lin reviewed the sharing of the four speakers, and said that this colloquium has taken a detail-oriented and in-depth approach, with rich content, which is strongly operable and unique, and helpful to promote the parties and their counsels’ understandings of the inherent laws of arbitration, and participating in arbitration process. Mr. Lin pointed out that the effective progression of the arbitral process lies in the active participation of the parties, and especially the cooperation of their counsels. The BAC and the Beijing Lawyers Association have always kept in close connection, and the BAC has provided trainings to almost 10,000 newly admitted lawyers, that is exactly purported to help legal professionals better understand arbitration and be capable to participate in arbitration. At last, Mr. Lin said that the BAC looks forward to playing a more important role based on the platform of China Arbitration Week, to have exchanges with more professionals, and to promote the development of international arbitration in China.
Mr. Lin Zhiwei
This colloquium is for the first time the BAC shared the sample cases it has administered and organized experts to share their experience in grasping details from perspectives of both arbitration institutions and arbitrators. The BAC as a leading Chinese arbitration institution not only provides qualified and efficient dispute resolution services to parties from various jurisdictions, but also provides platforms of exchanges to legal practitioners from different countries. You are welcome to continue to pay attention to the BAC’s diversified dispute resolution practice, and participate in various events organized by the BAC. For more information, please check the BAC’s website and WeChat account.
Group photo