Publish time: Mon Dec 26 10:47:22 CST 2022
On 30 November 2022, the“2022 Annual Summit on Commercial Dispute Resolution in China” (the “Summit”) hosted by Beijing Arbitration Commission / Beijing International Arbitration Center (the “BAC”) jointly with Australian Centre for International Commercial Arbitration, Arbitration Foundation for Southern Africa, Asian International Arbitration Centre, Chartered Institute of Arbitrators, Cairo Regional Centre for International Commercial Arbitration, Judicial Arbitration and Mediation Services Inc (the “JAMS”), International Arbitration Centre of the Astana International Financial Centre, Centre for Commercial Law Studies, Queen Mary University of London (the “CCLS”), and Thailand Arbitration Center (the “THAC”) was successfully held online.
Click here to replay 2022 Annual Summit on Commercial Dispute Resolution in China
Opening Ceremony
The opening ceremony of the Summit was moderated by Mr. Tao Jingzhou, Member of the International Commercial Expert Committee of the China International Commercial Court of the Supreme People's Court (the ”SPC”). Dr. Chen Fuyong, Deputy Secretary General of BAC, delivered an opening address on behalf of the BAC. Mr. Tao Jingzhou extended a warm welcome to the attendees of the Summit, and introduced the background and history of the Summit. He gave appreciation for the BAC’s efforts in the dissemination and promotion of Chinese commercial law and practice in dozens of major cities across the world. In his opening address, Dr. Chen Fuyong gave thanks for the strong supports to this cross-border online event in the time of pandemic. He introduced that it was the tenth consecutive year after the BAC for the first time organized experts to compile the Commercial Dispute Resolution in China: An Annual Review and Preview in 2013 and launched it in both Chinese and English globally. The Annual Report series and the annual Summits based thereon have become a key resource of professionals around the world to learn about the development of commercial dispute resolution in China, and have also provided them with an important platform for exchange and dialogue. Dr. Chen said that the BAC would continue to establish platform for exchange and practice, and would continue to work closely with its partners, endeavoring to promote the development of ADR mechanism and providing guarantee for international trade and business.
Mr. Tao Jingzhou
Dr. Chen Fuyong
Session One: Annual Review on Commercial Arbitration and Commercial Mediation in China
Session One of the Summit was Annual Review on Commercial Arbitration and Commercial Mediation in China. Prof. Loukas Mistelis of CCLS acted as the moderator. Ms. Shi Hong, Partner of Fangda Partners, and Ms. Zhao Fang, Managing Partner of Hui Zhong Law Firm Shanghai Office, acted as speakers. Mr. David Huebner, former U.S. Ambassador and JAMS Mediator & Arbitrator, and Dr. Helena HC Chen, Managing Partner of Chen & Chang, acted as commentators. Based on the annual reports they authored respectively, Ms. Shi Hong and Ms. Zhao Fang presented introductions of the latest changes and highlights of Chinese laws and regulations on commercial arbitration and commercial mediation, and specifically analyzed typical cases and hotspots. Mr. David Huebner provided analysis of and suggestions to the amendment to Chinese Arbitration Law, and Dr. Helena HC Chen gave comments on arbitration case management by foreign arbitration institutions and law making on commercial mediation. The panelists also had discussion on other issues such as the appointment of arbitrator in multiparty arbitration proceedings and the establishment of mediation standards and mechanism.
Prof. Loukas Mistelis
Ms. Shi Hong
Ms. Zhao Fang
Mr. David Huebner
Dr. Helena HC Chen
Session Two: Annual Review on Construction and Energy Dispute Resolution in China
Session Two of the Summit was Annual Review on Construction and Energy Dispute Resolution in China. Mr. Joseph Tirado, JAMS Mediator & Arbitrator, acted as the moderator. Mr. Cui Jun, President of Beijing Overseas Junhe Construction Consultation Co., Ltd., and Mr. Leslie Zhang, General Counsel and Vice President of United Energy Group Limited, acted as speakers. Mr. Narong Leungbootnak, THAC Arbitrator and Associate Professor of Khon Kaen University, and Mr. Charles Wong, Senior Associate of Herbert Smith Freehills, acted as commentators. Mr. Cui Jun and Mr. Leslie Zhang interpreted the changes of laws and rules and typical cases within the areas of construction and energy in 2021, respectively, and then shared the hotspots within the two industries. Mr. Narong Leungbootnak provided comparative analysis of the engineering and legal issues in the typical cases by reference to law and practice in Thailand. Mr. Charles Wong provided comments on carbon neutrality, energy transition and energy crisis. The panelists also had discussion on issues such as whether the COVID-19 pandemic constitutes force majeure.
Mr. Joseph Tirado
Mr. Cui Jun
Mr. Leslie Zhang
Mr. Narong Leungbootnak
Mr. Charles Wong
Session Three: Annual Review on Financial and Investment Dispute Resolution in China
Session Three of the Summit was Annual Review on Financial and Investment Dispute Resolution in China. Mr. Girgis Abd El-Shahid, Managing Partner of Shahid Law Firm acted as the moderator. Ms. Lyu Qi, Chief Advisor of Jianfa (Hainan) Legal Advisory Co., Ltd., and Ms. Wu Ying, Partner of TianTong Law Firm, acted as speakers. Ms. Shi Cuijun, Vice President and General Counsel of TotalEnergies China, and Mr. Ernest Yang, Partner of DLA Piper, Head of Litigation & Regulatory, Hong Kong, Co-Head of International Arbitration, Asia Pacific, acted as commentators. Ms. Lyu Qi and Ms. Wu Ying introduced the changes of laws and policies as well as typical cases within the areas of finance and investment in China in 2021 respectively, and provided analysis of hotspots of the two industries. Mr. Ernest Yang specifically shared the rules of ascertainment and adjudication of bogus deals under common law. The panelists also had exchanges on classified shares and the influence of overseas insolvency proceedings on domestic arbitration.
Mr. Girgis Abd El-Shahid
Ms. Lyu Qi
Ms. Wu Ying
Ms. Shi Cuijun
Mr. Ernest Yang
Session Four: Annual Review on International Trade and IP Dispute Resolution in China
Session Four of the Summit was Annual Review on International Trade and IP Dispute Resolution in China. Ms. Brenda Horrigan, Independent Arbitrator, acted as the moderator. Mr. Liao Ming, Partner of Tahota (Beijing) Law Firm, and Ms. Li Fengfeng, Partner of Lifang & Partners, acted as speakers. Mr. Jeffrey Benz, JAMS Mediator & Arbitrator, and Gary Benton, Founder of Silicon Valley Arbitration & Mediation Center, acted as commentators. Mr. Liao Ming and Ms. Li Fengfeng presented introduction of new achievements, changes of laws and policies and typical cases within the areas of international trade and IP in China during the past year respectively. Mr. Jeffrey Benz analyzed typical international trade cases through comparison of practices in different jurisdictions, and shared his opinions on personal information protection as stated in the PRC Civil Code. Mr. Gary Benton discussed the arbitrability of IP disputes, and called for resolution of trade conflicts through collaboration of the international community.
Ms. Brenda Horrigan
Mr. Liao Ming
Ms. Li Fengfeng
Mr. Jeffrey Benz
Mr. Gary Benton
Closing Ceremony
The Closing Ceremony of the Summit was moderated by Dr. Colin ONG, KC, Member of the International Commercial Expert Committee of the China International Commercial Court of the SPC. Ms. Teresa Cheng, SC, former Secretary for Justice of the Hong Kong SAR, delivered closing remarks. In her speech, Ms, Teresa Cheng highly praised the organization of the event by the hosting institutions and the brilliant speeches by the panelists, believing the event was comprehensive, informative and inclusive. She said that the Annual Report has covered a wide range of industries and in-depth topics and thoughts, including not only the latest laws and regulations, but also typical cases and hotspots, with plenty amounts of information. Apart from that, the authors and commentators came from different areas and jurisdictions with gender diversity, which has well shown the inclusiveness of the event. Ms. Teresa Cheng also reviewed and commented on the impressive speeches and highlights of the annual reviews in each of the sessions. At last, she said that the BAC has organized this Commercial Dispute Resolution in China: An Annual Review and Preview program and the annual launch events thereof overseas ever since 2013, and thereby had continuous researches and show of the latest practice of commercial dispute resolution in China, and proactively promoted professional exchanges. She extended thanks to the BAC’s devotion and perseverance, and meanwhile wished the pandemic to come to its end soonest as possible as well as an in-person Annual Summit on Commercial Dispute Resolution in China in the year to come.
Dr. Colin ONG, KC
Ms. Teresa Cheng, SC
As China’s first report series on the status quo and trend of commercial dispute resolution practice in China planned and organized by arbitration institution, the Commercial Dispute Resolution in China: An Annual Review and Preview has received extensive attentions since it was launched in 2013 for the first time. This Annual Report series will be published every year bilingually in Chinese and English, aiming at building industrial consensus, sharing industrial experience, and promoting the continuous improvement of the overall professional standards of Chinese arbitration services. After exploration and practice for several years, the BAC has, based on the Annual Report series, held dozens of Annual Summits on Commercial Dispute Resolution in China in major cities as key seats of arbitration in Europe, North America and Asia, as well as launch events both in China and abroad. These events have established a solid platform for exchanges between domestic and foreign professionals, and a window for foreign professionals to learn about front line issues of commercial dispute resolution in China, and has also become significant information sources of Chinese and foreign readers to look into commercial dispute resolution practice in China. In 2020, the online Annual Summit on Commercial Dispute Resolution in China was selected as one of the ten model cases of international communication on China Rule of Law of the year by the 2nd China Rule of Law International Communication Symposium. In 2022, the Commercial Dispute Resolution in China: An Annual Review and Preview series received Global Service Practice awarded by the China International Fair for Trade in Services.
We sincerely welcome professionals from various industries to continue to pay attention to the Commercial Dispute Resolution in China: An Annual Review and Preview series. You are also welcome to visit the BAC’s website and WeChat account for more information.
Review of Launch Events of Annual Report Series (Chinese Version)
1.Launch Event for Annual Review on Commercial Arbitration in China (2022)
2.Launch Event for Annual Review on Commercial Mediation in China (2022)
4.Launch Event for Annual Review on Financial and Investment Dispute Resolution in China (2022)
6.Launch Event for Annual Review on IP and Television & Film Dispute Resolution in China (2022)