Publish time: Tue Jun 18 10:49:39 CST 2024
On June 17, 2024, the “2024 Madrid Summit on Commercial Dispute Resolution in China” (Summit) was successfully held in Madrid, Spain. The event was co-hosted by the Beijing Arbitration Commission/Beijing International Arbitration Center (BAC/BIAC), the Madrid International Arbitration Center–Ibero-American Arbitration Center (CIAM-CIAR), and the Spanish and Ibero-American Arbitration Club (CEIA).
This Summit marked the first stop in the series of the BAC/BIAC 2024 Summit on Commercial Dispute Resolution Summit in China. It featured 34 speakers from various countries and regions, including China, Spain, Mexico, Venezuela, France, and Singapore, attracting nearly one hundred participants attending in person, including arbitrators, lawyers, arbitration practitioners, scholars, experts, and college students.
Photo of the Summit
The Summit was conducted in English. Mr. Guo Wei, the Chairperson of BAC/BIAC, Ms. Urquiola de Palacio, the Vice President of the CIAM-CIAR, and Ms. María José Menéndez, the Vice President of CEIA, attended the opening ceremony and delivered speeches. The opening ceremony was hosted by Mr. Chen Fuyong, the Deputy Secretary-General of the BAC/BIAC.
Mr. Guo Wei highlighted that over the past three decades, BAC/BIAC has accomplished a remarkable achievement, having administered over 84,000 cases, with a total dispute amount exceeding 870 billion RMB, over 2,000 of which are international cases, involving parties from 69 countries and regions. The "Beijing International Dispute Resolution Development Center" has been established as a platform to promote the construction of an international arbitration hub, providing more international arbitration institutions and professionals with the convenience to operate business in Beijing. This Summit provided a valuable platform for in-depth exchanges, mutual learning, and joint progress between the two sides. BAC/BIAC sincerely welcomes professionals from around the world to come to Beijing, to take the opportunities and facilities provided along with the initiative to build international commercial arbitration center, and to explore the arbitration market in China, for an ultimate pursue to enhance the quality, efficiency, and influence of international arbitration.
Photo of Speech by Guo Wei
Ms. Urquiola de Palacio expressed that, the CIAM-CIAR is on the same track with BAC/BIAC and is committed to develop the institution into one that brings together global arbitration experts and provides world-class arbitration services. Hosting the specialized forums in collaboration with BAC/BIAC is an integral part of the CIAM-CIAR strategy of globalization. She emphasized that this Summit would serve as an opportunity to further deepen the interaction and cooperation with global arbitration professionals and users, promoting shared development and progress.
Photo of Speech by Urquiola de Palacio
In her speech, Ms. María José Menéndez mentioned that as a promoter of international arbitration, CEIA consistently advocates for the arbitration practices of different jurisdictions to various user groups. She recognized that Chinese and Spanish are the most widely spoken native languages globally, and the voices of China and Spain are also deserve greater attention in international arbitration. It’s the original intention of the CEIA and the BAC/BIAC to serve a diverse range of users and audiences in co-hosting this Summit. She believed that the participants would have the chance to interact with experienced experts and practitioners at the forum, enhancing knowledge sharing and mutual understanding.
Photo of Speech by Ms. María José Menéndez
This Summit was divided into seven sessions of Arbitration, Mediation, International Trade, Investment, Intellectual Property, Construction, and Energy.
Session One: Commercial Arbitration in Changing Times: Legal Framework, Judicial Review, and Latest Practices
Session One Group Photo
The first session was chaired by Mr. Sebastián Green Martínez, the managing associate at URiA MENÉNDEZ. Ms. Zhao Fang, the BAC/BIAC arbitrator and the managing partner at Hui Zhong Law Firm Shanghai Office, presented a report on the “Annual Review on Commercial Arbitration in China (2024)”. Mr. J. Félix de Luis, an international independent arbitrator and Ms. Mariel Dimsey, the managing partner at the CMS Hong Kong and the former Secretary-General of the HKIAC made their comments.
The speakers discussed the latest developments in the arbitration industry in China, Hong Kong, Spain, and North America, the impact of the Arbitration Act reform in the UK on the design of arbitration law and regulations in other countries, and exchanged views on the new challenges in the recognition and enforcement of international arbitration awards.
Session Two: From the User's Perspective on Mediation: Challenges, Expectations, and the Way Ahead
Session Two Group Photo
Session two was moderated by Mr. Omar Puertas, partner at Cuatrecasas. Mr. Terence Xu, Senior Advisor at Beijing Jundu Law Firm, reported a presentation on the “Annual Review on Commercial Mediation in China (2024)”. Ms. Monika Prusinowska, a scholar from the Maria Zambrano Scholarship at the University of Barcelona, and Mr. Arthur Ma, partner at DaHui Lawyers, provided commentary.
The speakers themed with the practical use of commercial mediation systems and explored topics such as legislative suggestions for commercial mediation mechanisms, the impact of mediation on the business environment, and the special role of international mediators in international cases.
Session Three: Addressing External Challenges in International Trade: Export Controls, Economic Sanctions, and Climate Issues
Session Three Group Photo
The third session was moderated by Mr. Yushi Zhou, lawyer at URiA MENÉNDEZ. Mr. Wang Xuehua, the BAC/BIAC arbitrator and the chief partner of Beijing Huanzhong & Partners, made a presentation on the “Annual Review on International Trade Dispute Resolution in China (2024)”. Mr. Pedro Tent Alonso, partner at Garrigues, and Ms. Holly Blackwell, partner at King & Wood Mallesons participated in the discussion.
The speakers discussed the trending topics such as the Entity List, the application of the United Nations Framework Convention on Climate Change (UNFCCC) in international trade disputes, the construction of China's Pilot Free Trade Zones, and the latest practices of the Regional Comprehensive Economic Partnership (RCEP).
Session Four: Investment Dispute Resolution: New Developments and its Impact
Session Four Group Photo
The fourth session was chaired by Mr. Rafael Tripero, the managing partner of Cremades & Calvo-Sotelo. Ms. Dai Yue, the BAC/BIAC arbitrator and partner at King & Wood Mallesons, reported on the “Annual Review on Investment Dispute Resolution in China (2024).” Ms. Amanda J. Lee, arbitrator at LML Arbitration and consultant at Costigan King, and Mr. Joe Tirado, partner at Garrigues presented their comments.
The speakers compared the legal updates in corporate financing strategies and corporate governance requirements between China and Spain, focusing on the key amendments to China's new Company Law, and analyzed the judicial attitude of courts and arbitration institutions towards the repurchase of investor shares by companies.
Session Five: Big Data and Artificial Intelligence: Emerging Issues in Intellectual Property Protection and Dispute Resolution
Session Five Group Photo
Session five was moderated by Ms. María Paula Jijón, advisor to the CIAM-CIAR. Ms. Wang Yaxi, partner at Yuanhe & Twelve Tables Partners, delivered a speech on the “Annual Review on Intellectual Property Dispute Resolution in China (2024)”. Mr. Oriol Valentí, partner at RocaJunyent, Ms. Carolina Pina Sánchez, partner at Garrigues, and Ms. Raquel Ballesteros, partner at Simmons & Simmons LLP shared their opinions.
The speakers analyzed the application of the safe harbor principle in platform intelligent recommendation contexts and exchanged views on emerging disputes in the industry practices, such as cross-border data transfer, personal privacy protection, and software development.
Session Six: International Construction Dispute Resolution: Latest Practice and New Trend
Session Six Group Photo
Session six was chaired by independent arbitrator Ms. Alba Briones. Mr. Cui Jun, the BAC/BIAC arbitrator and the managing director of Frontier and Partners delivered a speech on the “Annual Review on Construction Dispute Resolution in China (2024)”. Ms. Heidi López Castro, partner at URiA MENÉNDEZ, and Mr. Milan Pejnovic, partner at Bullard Falla Ezcurra+ exchanged their views.
The speakers discussed the construction disputes involving Belt and Road Initiative countries and emphasized on issues of delays in construction projects, joint liability in construction contracts, and disputes over financing in transnational construction projects.
Session Seven: The Impact of Energy Transition on Dispute Resolution in Energy Sector: Challenges and Opportunities
Session Seven Group Photo
The seventh session was moderated by Mr. Oliver Cojo, partner at Arias SLP. Mr. Liu Hongchuan, the BAC/BIAC arbitrator and the executive partner at Anjie Broad Law Firm delivered a speech on the “Annual Review on Energy Dispute Resolution in China (2024)”. Mr. Luis Fernando Rodríguez, the managing partner at Wonders & Co SLP, and Mr. Pablo Martínez Llorente, partner at Whitewell Legal commented on this topic.
The speakers discussed their understandings of the EU Carbon Border Adjustment Mechanism, the policies on carbon emission schemes in Spain, China, Brazil, and Colombia, and the considerations of transnational energy companies in choosing commercial arbitration as a dispute resolution mechanism.
Closing Remarks
The forum concluded with closing remarks by Mr. Sebastián Mejía, the Deputy Secretary-General of the CIAM-CIAR, and Ms. Krystle Baptista, the Secretary-General of the CEIA.
Sebastián Mejía Photo
Mr. Sebastián Mejía reviewed the key points the speakers presented in each session and expressed heartfelt congratulations on the success of the forum. He noted that the detailed and rich content of the forum, along with the schedule of the seven sessions, provided attendees with multi-field and multi-dimensional knowledge sharing. The series of the Review and Preview Report published by BAC/BIAC is not only a knowledge repository for dispute resolution practitioners but also an important information index in international arbitration. As a representative of one of the organizers, Sebastián Mejía particularly expressed appreciation to all the participants for their active participation and wonderful contributions. He affirmed that this summit served as an effective platform, promoting deep exchanges in the field of commercial dispute resolution between China and Europe.
Krystle Baptista Photo
Ms. Krystle Baptista, in her closing remarks, mentioned that this Summit marked a significant step in building a stronger international arbitration community, which strengthens the belief that arbitration remains a reliable and efficient option to resolve commercial disputes. The Summit covered technological advancements, innovations in legal procedures, and the impact of global economic trends on dispute resolution, enriched participants’ understanding of the challenges and opportunities in the field of international arbitration. CEIA looks forward to continuously participating in such global forums and contributing to the efforts facilitating the international arbitration community.
Photo of Networking 1
Photo of Networking 2
Group Photo of the Representatives of the Organizing Committee
Group Photo of the Guest Speakers
The forum was supported by the AALCO Hong Kong Regional Arbitration Centre (AALCO-HKRAC), the Arbitration Foundation of Southern Africa (AFSA), the Asian Institute of Alternative Dispute Resolution (AIADR), the Cairo Regional Centre for International Commercial Arbitration (CRCICA), the Nairobi Centre for International Arbitration (NCIA), Wolters Kluwer, and LexPRC; and was sponsored by DaHui Lawyers and Frontier and Partners.