Publish time: Wed Dec 15 13:10:48 CST 2021
On 26 November 2021, the online “2021 Annual Summit on Commercial Dispute Resolution in China” (the “Summit”) hosted by Beijing Arbitration Commission / Beijing International Arbitration Center (the “BAC”) jointly with Arbitration Foundation for Southern Africa (the “AFSA”), Asian International Arbitration Centre (the “AIAC”), Chartered Institute of Arbitrators (the “CIArb”), Cairo Regional Centre for International Commercial Arbitration (the “CRCICA”), Judicial Arbitration Mediation and ADR Service (the “JAMS”), Centre for Commercial Law Studies, Queen Mary University of London (the “CCLS”), and Thailand Arbitration Center (the “THAC”) was successfully held.
Click here to replay the Summit
Part of the Speakers
The opening ceremony of the Summit was moderated by Dr. Ranse Howell, JAMS Director of International Operations. Dr. Chen Fuyong, Deputy Secretary General of BAC, delivered an opening address on behalf of BAC. Dr. Ranse Howell gave a warm welcome to the attendees of the Summit, and extended sincere thanks to the co-organizers of this event. Dr. Ranse Howell talked about the changes on people’s communication and work styles brought by the outbreak of Covid-19, and called for a consideration on how such changes would influence dispute resolution development.
In his opening address, Dr. Chen Fuyong extended warm welcome to all the attendees, and acknowledged the strong support from the co-organizers to this webinar during this time of pandemic. He said that the pandemic has indeed brought challenges, but meanwhile, it created opportunities for changes, just as shown by this cross-border online event. He also stressed that in the context of pandemic, exchanges and communication should be further strengthened. At the same time, we should work together to give full play to alternative dispute resolution’s ability to contribute to the stability and foreseeability in a highly uncertain environment.
（Dr. Ranse Howell）
（Dr. Chen Fuyong）
Session One of the Summit was commercial arbitration, commercial mediation and sports dispute resolution in China. Prof. Loukas Mistelis of CCLS acted as the moderator, Ms. Zhao Fang, Partner of Hui Zhong Law Firm, Ms. Wu Ying, Partner of TianTong Law Firm, and Mr. Jeffrey Benz, Arbitrator and Mediator of JAMS/4 New Square, acted as reporters, and Mr. Rimsky Yuen, SC of Temple Chambers, Ms. Marion Smith, Vice President of the board of CIArb, and Mr. Stephen Townley, Senior Member of CIArb and Arbitrator of JAMS, acted as commentators.
By referring to the annual reports they have respectively written, Ms. Zhao Fang, Ms. Wu Ying and Mr. Jeffrey Benz presented to the participants introductions of the new developments of laws and rules on commercial arbitration, commercial mediation and sports dispute resolution in China in 2020, and specifically analyzed the typical cases in such areas. Mr. Rimsky Yuen, SC provided comments on arbitration and mediation respectively, including the adoptability of UNCITRAL Model Law in mainland China and the diversified modes of mediation. Ms. Marion Smith shared her views from the perspectives of the rapid growth of online dispute resolution, the uniformity of soft law and the enforceability of mediation procedure at court. Mr. Stephen Townley made comments on judicial review of arbitral award and the development of sports dispute resolution in China.
（Prof. Loukas Mistelis）
（Ms. Zhao Fang）
（Ms. Wu Ying）
（Mr. Jeffrey Benz）
（Rimsky Yuen, SC）
（Ms. Marion Smith）
（Mr. Stephen Townley）
Session Two of the Summit was Construction and Energy Dispute Resolution in China. Moderated by Mr. Christopher Campbell-Holt, Registrar and CEO of AIFC Court and IAC, Dr. Zhou Xianfeng, Partner of JunHe LLP, and Mr. Qi Xiaodong, Senior Partner and Senior Counsel of Lantai Partners, presented their reports. Prof. Lawrence Boo of Arbitration Chambers and Mr. Abinash Barik, International Case Counsel of AIAC, provided comments. Dr. Zhou Xianfeng and Mr. Qi Xiaodong provided observations of the changes and typical cases within the areas of construction and energy in China in 2020, respectively, and introduced the impact of Covid-19 on dispute resolution. Prof. Lawrence Boo highlighted the significance of judicial interpretation in China, and made comments on the issue of third parties in arbitration. Mr. Abinash Barik discussed issues of burden of proof and standard of proof in relevant cases.
（Mr. Christopher Campbell-Holt）
（Dr. Zhou Xianfeng）
（Mr. Qi Xiaodong）
（Prof. Lawrence Boo）
（Mr. Abinash Barik）
Session Three of the Summit was Financial and Investment Dispute Resolution in China. Dr. Ismail Selim, Director of CRCICA, acted as moderator, Ms. Lyu Qi, Arbitrator of BAC, and Mr. Bao Zhi, Partner of FenXun Partners, acted as keynote speakers, Dr. Nisit Intamano, Director of Sripatum University LL.M. Program, and Mr. Terry Yang, Partner of Clifford Chance Hong Kong Office, acted as commentators. Ms. Lyu Qi and Mr. Bao Zhi clarified the changes of laws and policies on finance and investment as well as typical cases in China in 2020. Dr. Nisit Intamano shared the development of such areas in Thailand, and in particular the influence of the pandemic on Thai legislation and judiciary on finance. Mr. Terry Yang specifically discussed the adaptability of financial products, the law making on financial institutions and data protection.
（Dr. Ismail Selim）
（Ms. Lv Qi）
（Mr. Bao Zhi）
（Dr. Nisit Intamano）
（Mr. Terry Yang）
Session Four of the Summit was IP and International Trade Dispute Resolution in China. Moderated by Mr. David Butler, Director of AFSA Court, Ms. Xing Yuan, Partner of Beijing Huanzhong & Partners, and Ms. Li Fengfeng, Partner of Lifang & Partners, gave keynote speeches. Ms. Kyongwha Chung from Covington & Burling LLP, and Mr. Paul Ranjard, Partner of Wanhuida Intellectual Property, provided comments. Ms. Xing Yuan and Ms. Li Fengfeng respectively introduced the changes of law rules and policies on IP and international trade and typical cases in China in 2020. Ms. Kyongwha Chung shared her views on relevant issues concerning RCEP. Mr. Paul Ranjard analyzed statistics such as the amount of trade mark applications and registrations, and addressed on issues reflected in such figures.
（Mr. David Butler）
（Ms. Xing Yuan）
（Ms. Li Fengfeng）
（Ms. Kyongwha Chung）
（Mr. Paul Ranjard）
The last session was the closing ceremony of the Summit. Moderated by Dr. Ranse Howell, Dr. Pasit Asawawattanaporn, President of APRAG and Executive Director of THAC, delivered closing remarks. Firstly, Dr. Pasit Asawawattanaporn gave thanks to the host organization. He believed that BAC has played a key role to the development of Chinese arbitration, and spoke highly of the achievements BAC has accomplished ever since its establishment. Dr. Pasit Asawawattanaporn pointed out that this Summit was aimed to help the international community to better understand the latest development of dispute resolution in China, and thanks to the joint efforts of the co-organizers and supporters, this goal has been successfully reached. At last, Dr. Pasit Asawawattanaporn looked forward to the end of the pandemic, and expected to an onsite Summit in the year to come.
（Dr. Pasit Asawawattanaporn）
Commercial Dispute Resolution in China: An Annual Review and Preview is the first practical series annual report that is organized by Chinese arbitration institution, and written by experts in various industries. It pays continuous attention to, and provides in-depth reading of, the development, changes and trends of commercial dispute resolution in China. Ever since the first launch in 2013, it has won extensive attention, and has been recognized as important practical materials for readers, both domestic and abroad, to have in-depth understanding of the development of commercial dispute resolution in China. After 9 years’ exploration and practice, the Annual Report series have had several sub-reports in various industries, followed with a dozens of overseas roadshows in main cities around the globe, such as London, Paris, Frankfurt, Cologne, The Hague, Vienna, Zurich, Toronto, New York, San Francisco, Singapore, Kuala Lumpur and Hong Kong, which has attracted wide participation of dispute resolution practitioners including scholars, lawyers and in-house counsels, from all over the world. We sincerely welcome professionals from various industries to continue to pay attention to the Commercial Dispute Resolution in China: An Annual Review and Preview 2022, and also to the BAC’s website and WeChat account for more information.