Publish time: Thu Nov 14 18:10:20 CST 2024
On November 14, 2024, the "2024 Seoul Summit on Commercial Dispute Resolution in China" was successfully held in Seoul, South Korea. The event was co-hosted by the Beijing Arbitration Commission/Beijing International Arbitration Center (BAC/BIAC) and KCAB INTERNATIONAL.
The Summit showcased 33 distinguished speakers from a range of countries and regions, including China, South Korea, the United States, Uzbekistan, Singapore, and Hong Kong SAR, drawing over a hundred legal professionals to the event. Attendees included arbitrators, lawyers, arbitration practitioners, academics, experts, and university students, all participating in person.
Dr. Jiang Lili, the Secretary-General and Committee Member of the BAC/BIAC, and Seung Wha Chang, Chairman of KCAB INTERNATIONAL, graced the opening ceremony with their presence and speeches. The ceremony was chaired by Dr. Chen Fuyong, Deputy Secretary-General of the BAC/BIAC.
Dr. Jiang Lili noted that as the popularity of major arbitration hubs in Asia increases, and the voice and impact of dispute resolution industry in the Asia-Pacific are progressively strengthening. The arbitration institutions in both China and South Korea have thereby been provided with large market and development potential. The summit, she said, is not only a showcase of China's advancements in dispute resolution but also a platform to bolster dialogue and ties with the international arbitration, legal, and trade communities, facilitating the fusion of international arbitration practices with Chinese expertise. Dr. Jiang Lili pledged that the BAC/BIAC will persist in its efforts to cultivate a fair, efficient, and transparent dispute resolution framework, thereby bolstering the evolution of international commercial arbitration.
Seung Wha Chang emphasized the importance of China and South Korea as economic partners and highlighted the pivotal role of the commercial arbitration system in resolving international trade disputes. He noted that KCAB INTERNATIONAL and the BAC/BIAC, by enhancing their cooperation, are contributing to shared progress and offering users from both jurisdictions high-quality, efficient dispute resolution options. The Summit presented an excellent opportunity for arbitration professionals from China and South Korea to engage in discussions, and shared best practices and insights on the future development of commercial dispute resolution.
The Summit was structured into seven panels, each addressing key areas including arbitration, mediation, energy, finance, intellectual property, international trade, and construction.
Session One: Diversified Development in Commercial Arbitration: Recent Practice and Pressing Issues
The first session was moderated by Teresa Cheng, Founder and Co-chair of the Asian Academy of International Law, an Adjunct Professor at Tsinghua University, and former Secretary for Justice of the Hong Kong SAR. Fei Ning, Managing Partner at Huizhong Law Firm, presented the keynote report. Comments were provided by Steve Kim, Secretary-General of KCAB INTERNATIONAL, and Yunsoo Shin, Partner at Peter & Kim Law Firm.
The speakers explored the overall development trends in the arbitration sectors of China and South Korea, as well as the integration of international arbitration practices into the civil law system, through in-depth discussions and fruitful dialogue.
Session Two: Commercial Mediation from the User's Perspective: Expectations, Challenges and the Way Ahead
The second session was led by Seokchun Yun, Partner at Peter & Kim Law Firm. Terence Xu, Senior Advisor at Beijing Jundu Law Firm, delivered the keynote address. Panel discussions were enriched by comments from Joongi Kim, Professor at Yonsei University Law School, and Chen Guozhao, Legal Consultant at East and Concord Partners and Visiting Professor at Peking University School of Transnational Law.
The speakers discussed the establishment of international commercial mediation institutions, the integration of mediation into judicial processes, and the significance of recognizing the professional value of mediators in advancing the practice of international commercial mediation.
Session Three: Dispute Resolution in the Context of Energy Transition: New Legal Rules, Frontier Issues and External Challenges
The third session was chaired by Jae Myoung Shin, Strategy & Development Manager for Northeast Asia at the Singapore International Arbitration Centre (SIAC). Liu Hongchuan, Executive Partner at AnJie Broad Law Firm, delivered the keynote address. The discussion was enriched by comments from Eun Young Park, Founder and Arbitrator at Park Arbitration Chambers, and Sherzod Abdulkasimov, Partner at PraeLegal Uzbekistan.
The speakers provided insights into the evolving trends in disputes amid the surge in international renewable energy investments, as well as the exemplary role of China's energy practices in sustainable development models.
Session Four: Financial Dispute Resolution in a Changing Economy: Investments Types, Legal Regulation, Market Opportunities
The fourth session was led by Changmin Chun, Professor at the Department of Global Techno Management at Seoul National University of Science and Technology. Hu Yuxiang, Partner at Zhuowei Law Firm, delivered the keynote address. The discussion was enhanced by remarks from Soogeun Oh, Emeritus Professor at Ewha Womans University Law School, and Hoo Jong Lee, Deputy General Manager of the Seoul Branch of Industrial and Commercial Bank of China
The speakers offered their perspectives on topics including the documentation necessary for legal authorization and the intricacies of internal and external risk management within financial institutions.
Session Five: Intellectual Property Protection in the Digital Era: New Problems and Challenges
The fifth session was moderated by Seong-Joon Park, Partner at Eruum & Leeon IP Law, featuring a keynote address by Zhang Hairuo, Managing Partner at Yuanhe Law Firm. The discussion was enriched by comments from Ji Yoon (June) Park, Counsel and Chief Representative of the Seoul Office of the Hong Kong International Arbitration Centre, and Robert Wachter, Co-Head of the International Arbitration Practice at Shin & Kim.
The speakers focused on recent advancements in intellectual property protection, examining the divergent views between China and South Korea on the arbitrability of intellectual property validity, national directives on the protectability of AI-generated works, and recent legal developments in data scraping cases.
Session Six: Impact of Changes in the International Situation on International Trade: Regulatory Barriers, Export Controls and Economic Sanctions
The sixth session was led by Thara Gopalan, Vice President of the International Centre for Dispute Resolution at the American Arbitration Association (AAA-ICDR). Xing Yuan, Partner at Beijing Huanzhong & Partners, presented the keynote address, followed by commentary from David H. Yang, Partner at LIN, and Jeonghye Sophie Ahn, Co-head of the International Dispute Resolution Team at Yulchon LLC.
The speakers addressed the complexities within international supply chains and discussed topics such as export controls and technology competition, as well as trends in trade disputes involving sanctions and compliance challenges.
Session Seven: International Construction Projects under the Belt and Road Initiative: Risk Identification and Management Measures
The seventh session was chaired by Xing Keke, Director of Yuanhe & Twelve Tables. Cui Jun, Managing Director of Eminent Consulting Limited, presented the keynote address, followed by insights from Byung-Woo Im, Partner at Kim & Chang, and Sanghoon Han, Partner at Lee & Ko.
The speakers provided a detailed examination of the trends and challenges in dispute resolution within the solar and wind energy sectors. They also delved into the nuances of force majeure and limitation clauses as applied in international engineering projects, discussing the disputes that can arise from their interpretation and application.
The Summit was concluded by Athita Komindr, Head of the UNCITRAL RCAP.
Athita Komindr highlighted that the Commercial Dispute Resolution in China: An Annual Review and Preview by the BAC/BIAC is a comprehensive compilation of Chinese dispute resolution practices, offering significant insights to practitioners and contributing to the evolution of international arbitration. She noted that the United Nations Commission on International Trade Law (UNCITRAL) is dedicated to the unification of international trade law to foster free trade and sustainable development. The UNCITRAL Regional Centre for Asia and the Pacific enhances the predictability of international commercial transactions by advocating for international trade norms and standards, thereby supporting trade and development in the Asia-Pacific region. Arbitration institutions like the BAC/BIAC have lent their expertise to UNCITRAL Second Working Group on dispute resolution. Komindr expressed her gratitude to all participants for their engagement and contributions, and she urged legal professionals to maintain their active role in shaping international legal standards through UNCITRAL.
Photo of Engaged Conversations on the Conference Floor
Group photo of some participants
This Summit received support from multiple institutions, including the UNCITRAL Regional Centre for Asia and the Pacific, AAA-ICDR, the Asian International Arbitration Centre, the Australian Centre for International Commercial Arbitration, the China Council for the Promotion of International Trade (CCPIT) Representative Office in South Korea, the China Society of Private International Law, the eBRAM International Online Dispute Resolution Centre, the Hong Kong International Arbitration Centre, the New Zealand International Arbitration Centre, Korean Chinese Lawyers Association, SIAC, the Singapore International Mediation Centre, the Arbitration Institute of the Stockholm Chamber of Commerce, the World Trade Center Macau Arbitration Center. Additionally, Wolters Kluwer and LexPR served as media partners for this Summit.