Publish time: Thu Feb 14 09:33:04 CST 2019
On December 26 2018, the event themed Symposium on Hot Topics of Construction Disputes in China and Launch Event of Construction Dispute Resolution in China: An Annual Review and Preview (2018) jointly organized by the Beijing Arbitration Commission / Beijing International Arbitration Center (the “BAC”) and the China Construction Industry Association (the “CCIA”) was successfully held at the BAC’s international conference hall. This event has attracted more than 120 professionals from industry associations, arbitration institutions, courts, construction enterprises and law firms.
The event
The event started with the opening addresses delivered by Mr. Lin Zhiwei, Secretary General of the BAC, and Ms. Wu Huijuan, Vice President of the CCIA. Mr. Lin’s address focused on keywords of “conclusion”, “initiation” and “cooperation”, based on which he provided a review and an outlook of the organization and launch of the Commercial Dispute Resolution in China: An Annual Review and Preview (the “Annual Review”). As a conclusion section of the Annual Report of 2018, the construction dispute resolution has always been a material part of the BAC’s caseload and a perfect example of its professional accumulation. Mr. Lin pointed out that by organizing experts to author and launch the Annual Report on construction, the BAC has summed up the status quo of dispute resolution and promoted exchanges among experts of the industry, endeavoring to lead to a benign development of the industry from the perspective of the “predictability of dispute resolution”. Through its continuous and in-depth cooperation with the CCIA, the BAC could better provide entities within the construction industry with qualified dispute resolution services and professional risk prevention and control assistance.
Mr. Lin Zhiwei
Ms. Wu Huijuan said that the construction industry, as one of the pillar industries of national economy, has experienced continuously in-depth reforms and produced a number of regulatory documents. This event was meant to promote experience exchanges and accumulation of wisdoms under the new situation, with high practical significance for breaking institutional barriers, accelerating the driving force of innovation and improving the development quality. Through various specific measures such as submission of proposal on review of local regulations to the Legislative Affairs Commission of Standing Committee of the National People's Congress, the CCIA has well played its role of a platform, conveyed the requests of enterprises, and maintained the development of the industry. Ms. Wu stressed that the CCIA is willing to have more extensive and in-depth exchange and cooperation with the BAC, and thereby promote the dispute resolution within, and provide professional services to, the construction industry
Ms. Wu Huijuan
The next Launch Event of Construction Dispute Resolution in China: An Annual Review and Preview (2018) was moderated by Mr. Zhang Haoliang, Director of the BAC Business Development/International Case Division. Mr. Zhang thought that the regulatory documents frequently issued in recent years have had a far-reaching influence on construction dispute resolution. The BAC endeavored to summarize and resolve those complex and common problems within the industry, both from the professional handling of each arbitration and based on the continuous organization of the Annual Report.
Mr. Zhang Haoliang
Thereafter, Mr. Zhou Xianfeng, author of the Construction Dispute Resolution in China: An Annual Review and Preview (2018) and Partner of JunHe LLP, made a presentation of the Annual Report. Mr. Zhou presented a brief introduction of the Annual Report’s primary content, and then an analysis of issues including the nature of EPC contracts and jurisdiction thereof and the pricing, risk distribution and limits of liability. He was of the opinion that the positive impacts of the deregulation measures in the construction industry has been emerging, the implementation of various new rules will promote the globalized development of dispute resolution with Chinese features, and Chinese dispute resolution institutions represented by the BAC have been constantly moving forward to provide delicacy construction dispute resolution services.
Mr. Zhou Xianfeng
Next, Mr. Shu Yu, Director of China Engineering Cost Association, and Mr. Wang Shubao, General Counsel of Power Construction Corporation of China, provided their comments on the Annual Report, respectively. Both commentators spoke highly of the Annual Report. Based on his own survey, Mr. Shu stressed that the standard system of engineering is very important, but the making of such standards currently is still far less systematic, and the exchange and cooperation with practice entities including arbitration institutions and the research on building a standard system suited to China will help improve the quality of industrial services and the professional level. Mr. Wang focused his comments on the primary content involved in the Annual Report such as “EPC”, “PPP” and “overseas construction”. He thought that the dispute resolution in the construction industry should both take serious matters easily and take easy matters seriously, which means the dispute resolution institutions should properly resolve the disputes on the ground of their professional competence, regardless of their complexity levels and the amounts in dispute.
Mr. Shu Yu
Mr. Wang Shubao
Following the launch event, the symposium on Hot Topics of Construction Disputes in China convened. It was moderated by Mr. Cui Jun, President of Beijing Overseas Junhe Construction Consultation Co., Ltd. Mr. Cui made a brief summary of the issues to be discussed during this session, and thought that as a frequently seen phenomenon in construction practice in China, the invalidity of contracts reflected synthesis problems in various aspects such as administrative supervision, engineering management and dispute resolution.
Mr. Cui Jun
The symposium focused on frontier issues such as bidding and tendering, construction cost appraisal and evidence in construction disputes. Ms. Tan Jinghui, Managing Partner of City Development (Beijing) Law Firm, Mr. Yuan Huazhi, Head of Real Estate and Energy practice of Dentons, and Mr. Chen Min, Partner of Guolian Law Firm, delivered keynote speeches.
Ms. Tan Jinghui
Mr. Yuan Huazhi
Mr. Chen Min
With respect to bidding and tendering, Ms. Tan Jinghui provided in-depth analyses on issues including the update of bidding policy, contracting fault liability disputes in bidding, invalid forms of successful winning of biddings and bidding disputes and arbitration. At last she looked forward to new bidding, new arbitration and new engineering development. As to the construction cost appraisal, Mr. Yuan Huazhi provided professional interpretations of contentious issues such as appraisal standards, appraisal institutions and persons, calculation of appraisal fees, on-site survey and evidence collection, submission of appraisal report draft and appraised cost that is higher than the claim, and provided well-targeted opinions on the reform of judicial appraisal. On evidence in construction disputes, Mr. Chen Min briefly introduced the Guidelines on Evidence in Construction Engineering Contract Disputes, and highlighted the features thereof such as the emphasis of consensus and the connection of procedural and substantive issues. Apart from that, he shared his professional views on the Judicial Interpretation on Issues Concerning the Application of Law in the Trial of Construction Project Contract Dispute Cases (draft for comments).
Group photo of speakers
At the end of the launch event and the symposium, the speakers and the audience had in-depth exchanges on hot topics of construction disputes. In the warm applause of the audience, the event came to its end successfully.
