Publish time: Wed Jan 30 10:42:51 CST 2019
On the afternoon of 26th December, 2018, BAC/BIAC and China Construction Industry Association jointly held Conference on Annual Review of the Construction Dispute Resolution in China (2018) and Hot Issues on Construction at BAC/BIAC’s international conference room. More than 120 professionals from industry associations, people’s court, construction enterprises and law firms attended this conference.
Scene on the site
Mr. Zhiwei Lin, Secretary General of BAC/BIAC, and Ms. Huijuan Wu, Vice Chairman of China Construction Industry Association, delivered their speeches respectively. Mr. Zhiwei Lin shared the process of compiling and releasing “Annual Review on Commercial Dispute Resolution in China”(“Annual Review”). Taking “Ending, Launching and Cooperation” as key words. Construction, as the ending section of the 2018 Annual Review, is always the important focus of BAC/BIAC. BAC/BIAC wants to promote the healthy development of construction industry from the perspective of predictability of dispute resolution and cooperate with China Construction Industry Association more deeply.
Mr. Zhiwei Lin is delivering his speech.
Ms. Huijuan Wu, Vice Chairman of China Construction Industry Association, construction industry has gone through deep reforms and this conference is of great importance to further “remove institutional obstacles, expedite innovation and improve development quality”. China Construction Industry Association took many measures including submitting suggestions of local laws and rules in order to reflect companies’ demands and promote industry’s development. Ms. Huijuan Wu also pointed out that China Construction Industry Association is willing to have more deep cooperation with BAC/BIAC and provide professional services for construction industry.
Ms. Huijuan Wu is delivering her speech.
Mr. Haoliang Zhang, Head of Business Development Division (International Cases), moderated the following discussion activities. Mr. Haoling Zhang believed newly released regulatory documents have profound implications on the area of construction dispute resolution. BAC/BIAC wants to solve complicated and common issues in construction industry by the professional arbitration of each case and release of Annual Review.
Mr. Haoliang Zhang is moderating the construction section.
After that, Mr. Xianfeng Zhou, writer of Annual Review on Construction Dispute Resolution in China (2018), reported hot issues on construction in 2018. Mr. Zhou introduced and analyzed issues like “the nature and jurisdiction of EPC Contract”, “valuation，risk distribution and liability limits”. Mr. Zhou believed the positive influence of “streamline administration and institute decentralization” on construction trade has emerged. The launch of new rules will promote the internationalization of dispute resolution with Chinese Characteristics. Domestic dispute resolution institutions including BAC/BIAC are making efforts to refine construction dispute resolution.
Mr. Zhou is delivering his presentation.
Mr. Yu Shu, Chairman of China Engineering Cost Association, Mr. Shubao Wang, General Counsel of Power Construction Corporation of China, made comments on Annual Review. Two commentators spoke highly of Annual Review. Mr. Yu Shu also pointed out that the standards system of construction is very important but standards drafting is still messy. Through the communication and cooperation with practical departments including arbitration commissions, the establishment of standards system will improve the quality of services. Mr. Shubao Wang shared his thoughts on “EPC”, “PPP” and “overseas projects”. He thought dispute resolution institution shall resolve cases properly no matter its complexity degree and amount.
Mr. Yu Shu is delivering his remark.
Mr. Shubao Wang is delivering his remark.
Mr. Jun Cui, Chairman of the board of Beijing Foreign Junhe Engineering Consulting Co., Ltd, moderated the following “Discussion on Hot Issues”. Mr. Jun Cui thought the frequent phenomenon of “invalid contract” reflected problems existing in administrative regulation， engineering management and dispute resolution.
Mr. Jun Cui is delivering his presentation.
Discussions focus on “bid and tender”, “cost appraisal”， “engineering exhibits” and other frontier issues. Ms. Jinghui Tan, Chairman of City Development (Beijing) Law Firm, Mr. Zhihua Yuan, Chairman of Real Estate and Energy Commission of Dentons, Mr. Min Chen, Partner of Beijing Guolian Law Firm, gave a lecture on above topics respectively.
Ms. Jinghui Tan is delivering her presentation.
Mr. Zhihua Yuan is delivering his presentation.
Mr. Min Chen is delivering his presentation.
Ms. Jinghui Tan analyzed deeply on issues like “new invitation of tender policies”, “dispute on culpa in contrahendo”， “types of invalidity of successful bid” and “tender disputes and arbitration”. Mr. Zhihua Yuan put emphasis on “appraisal specifications”， ”appraisal bodies and personnel“， ”appraisal costs calculation“ and other disputable issues. He also put forward several suggestions for judicial appraisal reform. Mr. Min Chen briefly introduced “Evidence Guidance on Construction Contract” and shared his thoughts on Judicial Interpretation II on Construction Contract （Draft for Comments）.
Group photo of speakers
On the spot, speakers and other participated have deep communication and interactions.
