Publish time: Fri Jun 21 19:07:30 CST 2024
On 20 June 2024, the “2024 Geneva Summit on Commercial Dispute Resolution in China” (the Summit), jointly hosted by the Beijing Arbitration Commission/Beijing International Arbitration Center (BAC/BIAC) and the Swiss Arbitration Association (ASA), was successfully held in Geneva, Switzerland.
Photo of the Summit Plate
This was the first time for the BAC/BIAC to host the Summit in Geneva and the second time to host the event in Switzerland. The Summit featured 32 speakers from countries and regions including China, Switzerland, Germany, France, Italy, and the United Kingdom and attracted nearly a hundred participants having arbitrators, mediators, representatives from international organizations, chambers of commerce, enterprises, lawyers, scholars, and students to attend the event.
Photo of the Summit Site
The Opening Ceremony
The Geneva Summit was officially opened on the morning of 20 June and was conducted in English. Mr. Guo Wei, the Chairperson of the BAC/BIAC, and Mr. Felix Dasser, the President of the ASA, attended the opening ceremony and delivered speeches. The opening ceremony was hosted by Dr. Chen Fuyong, the Deputy Secretary General of the BAC/BIAC.
Mr. Guo Wei introduced in his speech that the BAC/BIAC Summit on Commercial Dispute Resolution in China has been successfully held in 15 cities worldwide since 2013. The series of the Summit has best enhanced the international community's understanding of the latest development of substantive law and commercial dispute resolution in China, providing a platform for professionals to exchange ideas and conduct dialogue. He noted that China has a vast and prosperous arbitration market, offering great opportunities for arbitration institutions and legal professionals. As one of the first seven arbitration institutions established in China after the promulgation of the Arbitration Law of the PRC, the BAC/BIAC has achieved remarkable accomplishments over past three decades relying on the advantages of residing in the capital city. Beijing is now actively developing the International Commercial Arbitration Hub (Beijing), with leading advantages in local legislation, judicial support, talent resources, and international exchanges. Mr. Guo Wei warmly invited arbitration institutions and colleagues from around the world to come to Beijing, to take the opportunities and facilities provided along with the initiative to build the International Commercial Arbitration Hub (Beijing) and to explore the arbitration market in China, to an ultimate pursue to enhance the quality, efficiency, and influence of international arbitration.
Photo of Mr. Guo Wei
Mr. Felix Dasser expressed that the ASA is greatly honored to co-host the Summit with the BAC/BIAC. The economic and trade relations between China and Switzerland are growing increasingly close, and the legal systems of the two jurisdictions enjoy a high degree of similarity. Legal professionals from both countries should strengthen communication and build consensus. The Summit provides an important platform for the Swiss legal community to gain in-depth insights into the latest developments in China's commercial dispute resolution. He expected that the arbitration communities in Switzerland and China could continue to strengthen cooperation, promoting mutual learning and development in the legal industry.
Photo of Mr. Felix Dasser
The Summit was conducted in seven sessions focusing on Arbitration, Mediation, International Trade, Investment, Intellectual Property, Construction and Energy.
Session One: Commercial Arbitration in Changing Times: Legal Framework, Judicial Review, and Latest Practices
Group Photo of Session One
The first session was moderated by Ms. Clarisse von Wunschheim, Partner of Altenburger. Ms. Zhao Fang, the BAC/BIAC arbitrator and Managing Partner of Huizhong Law Firm Shanghai Office, delivered a report on the “Annual Review on Commercial Arbitration in China (2024)”. Ms. Korinna von Trotha, Executive Director of Swiss Arbitration Centre and Mr. Arthur Ma, Partner of DaHui Lawyers, provided comments.
The speakers shared insights on the overall development of arbitration industry, the latest trends in arbitration legislation and the latest practices of arbitration institutions in China and Switzerland. Additionally, they further discussed the application of ad hoc arbitration, the recognition and enforcement of arbitration awards, and the use of artificial intelligence in arbitration and the associated risks.
Session Two: From the User's Perspective on Mediation: Challenges, Expectations, and the Way Ahead
Group Photo of Session Two
The second session was moderated by Mr. Fabio Toriello, Managing Partner of Toriello LSN. Mr. Terence Xu, Senior Advisor of Beijing Jundu Law Firm, reported a presentation on the “Annual Review on Commercial Mediation in China (2024)”. Ms. Andrea Hartmann-Piraudeau, the Director of the IM Campus and Mr. Jeremy Lack, LAWTECH.CH & INNOVADR SA, Attorney-at-Law & ADR Neutral, provided comments.
The speakers shared insights on the overall development and legal framework of commercial mediation in China. They discussed, in accordance with the empirical research findings, the recommendations and expectations of different respondents regarding commercial mediation. They also involved topics such as hybrid dispute resolution models and the training of mediation professionals.
Session Three: Addressing External Challenges in International Trade: Export Controls, Economic Sanctions, and Climate Issues
Group Photo of Session Three
The third session was moderated by Mr. Zheng Jun, Co-Founder and Managing Director of MEI & HAO SARL. Mr. Wang Xuehua, Chief Partner of Beijing Huanzhong & Partners, delivered a report on the “Annual Review on International Trade Dispute Resolution in China (2024)”. Mr. Nicolas Rouiller, Partner of SwissLegal Rouiller & Associés and Mr. Fabrice Robert-Tissot, Partner of Bonnard Lawson shared comments.
The guest speakers engaged in discussions on topics such as State sovereign immunity, the interest calculation standards upon contract termination under the United Nations Convention on Contracts for the International Sale of Goods, the ascertainment and application of foreign law in international sales contract disputes, and the impact of export controls, economic sanctions, and the EU Carbon Border Facilitation Mechanism on international trade.
Session Four: Investment Dispute Resolution: New Developments and its Impact
Group Photo of Session Four
The fourth session was moderated by Ms. Dilber Devitre, Associate of Homburger AG. Ms. Dai Yue, Partner of King & Wood Mallesons, presented a report on the “Annual Review on Investment Dispute Resolution in China (2024)”. Mr. Jim Arnold, Legal Director of COFCO International and Mr. David Roney, Partner of Sidley Austin LLP, provided comments.
The speakers discussed the application of the accelerated maturity system for shareholders' capital contributions, the responsibilities and consequences of failing to make capital contribution in full within the specified period, the role and responsibilities of the board of directors in corporate governance, the protection of the rights of minority shareholders and the impact of the new Company Law of the PRC on the performance of valuation adjustment mechanism (VAM) agreements.
Session Five: Big Data and Artificial Intelligence: Emerging Issues in Intellectual Property Protection and Dispute Resolution
Group Photo of Session Five
The fifth session was moderated by Ms. Heike Wollgast, Head of IP Disputes Section of the WIPO Arbitration and Mediation Center. Ms. Wang Yaxi, Partner of Yuanhe & Twelve Tables Partners, presented a report on the “Annual Review on Intellectual Property Dispute Resolution in China (2024)”. Mr. Nino Sievi, Partner of Nater Dallafior and Ms. Carmen Kiavila, Attorney-at-law, Founder at Kiavila Avocats, provided comments.
The speakers exchanged over Against the backdrop of increased compensation for intellectual property infringement in China, the rising number of technical cases, and the emergence of new types of disputes, the guests discussed issues such as disputes over data capturing behavior on internet platforms and legal protection paths, copyright protection for AI-generated works, the criteria for identifying malicious intellectual property litigation, and the associated responsibilities.
Session Six: International Construction Dispute Resolution: Latest Practice and New Trend
Group Photo of Session Six
Session six was moderated by Mr. Daniel Durante, Partner at Patocchi & Marzolini. Mr. Cui Jun, the BAC/BIAC arbitrator and Managing Director of Frontier and Partners, presented a report on the “Annual Review on Construction and Construction Dispute Resolution in China (2024)”. Mr. Michael Schneider, the Founding Partner at LALIVE and Mr. Tom Christopher Pröstler, Partner at CMS, provided comments.
The speakers discussed the application of dispute review in resolving international engineering disputes, the enforceability of determination made by the Dispute Board (DB), the latest characteristics of construction engineering disputes in new energy sectors such as photovoltaics and wind power, and the specific adjudication practices of the BAC/BIAC construction cases.
Session Seven: The Impact of Energy Transition on Dispute Resolution in Energy Sector: Challenges and Opportunities
Group Photo of Session Seven
Session Seven was moderated by Mr. Jean Marguerat, Partner of MLL Legal. Mr. Liu Hongchuan, the BAC/BIAC arbitrator and Executive Partner of Anjie Broad Law Firm, delivered a report on the “Annual Review on Energy Dispute Resolution in China (2024)”. Mr. Elliott Geisinger, Partner of Schellenberg Wittmer Ltd and Prof. Laurence Boisson de Chazournes, Professor at the University of Geneva, provided comments.
The speakers shared insights on the opportunities, challenges, and legal disputes arising in the Chinese and European markets accompanied with the energy transition. They also discussed issues such as the EU's anti-subsidy investigations on new energy vehicles, the jurisdiction over carbon emissions trading, and the allocation of responsibilities when energy policy changes hinder contract performance.
Closing Remarks
Mr. Vincent Subilia, CEO of the Geneva Chamber of Commerce, Member of the Board of the Swiss Arbitration Centre, and Vice President of the Swiss-Chinese Chamber of Commerce Western Switzerland, delivered the closing remarks.
Photo of Mr. Vincent Subilia
Mr. Vincent Subilia congratulated the successful conclusion of the Summit and praised the organizers' meticulous planning and the speakers' insightful presentations. He highlighted that the broad range of industry fields and cutting-edge issues covered by the BAC/BIAC annual review reports and the open and constructive dialogues the speakers presented have demonstrated the openness and inclusiveness of the Summit. He expressed an expectation that this Summit would further enhance exchanges and mutual learning between the legal and business communities of China and Switzerland, promoting in-depth cooperation and development in various fields.
By the end of the Summit, the presentation of the BAC/BIAC “Annual Review on Commercial Dispute Resolution in China (2024)” in Europe had concluded successfully. From Madrid to Geneva, as stated by Mr. Guo Wei in his opening remarks, “We come here to foster friendships. We come here to deepen understanding. We come here to seek collaboration.” The success of this Summit is one of the achievements of the active efforts in building the International Commercial Arbitration Hub (Beijing). It promoted exchanges and mutual learning between Chinese and foreign legal practices, further enhancing European legal professionals’ understanding and recognition of China's achievements in foreign-related legal construction. The influence of Beijing and its cohesion as an international commercial arbitration center have been further strengthened. The rule of law is considered the ballast and stabilizer of socio-economic development, while dispute resolution serves as the adjustment valve and promoter of socio-economic development. The BAC/BIAC will continue to improve the quality and efficiency of dispute resolution services, building platforms for exchange for domestic and foreign professionals, and striving to make Beijing a new destination for international arbitration.
Photo of Networking
Group Photo of the Guest Speakers
The Summit 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 Asian-European Arbitration Centre (ASEAC), the Cairo Regional Centre for International Commercial Arbitration (CRCICA), and the Nairobi Centre for International Arbitration (NCIA). Wolters Kluwer and Beijing LexPR Consulting Co.,Ltd are the media partners. The event was sponsored by DaHui Lawyers and Eminent Consulting Limited.