Publish time: Sat Feb 25 15:02:39 CST 2023
On 22 February 2023, the symposium on “International Arbitration: Deploying An Overall Strategy” jointly hosted by the Beijing Arbitration Commission / Beijing International Arbitration Center (“BAC”), the In-house Counsel Committee of All China Lawyers Association and the Beijing Lawyers Association was successfully held. Mr. Hu Zhenjie, Director of the In-house Counsel Committee of All China Lawyers Association, Ms. Han Yinghui, Vice President of the Beijing Lawyers Association, and Mr. Lin Zhiwei, Secretary General of the BAC, delivered welcoming speeches on behalf of the hosts, respectively. Ms. Teresa Cheng SC, former Secretary for Justice of the Hong Kong SAR, and Mr. Justin Li, Associate of Willkie Farr & Gallagher LLP, were invited to act as keynote speakers, who shared the deployment of strategies in international arbitration and skills in response to risks and challenges in dispute resolution. Dr. Chen Fuyong, Deputy Secretary General of the BAC, acted as the moderator.
Dr. Chen Fuyong
Being held both online and in person, this symposium has attracted more than 100 in-person attendees including in-house counsels, lawyers and arbitrators, and over 36 thousand online attendees.
Mr. Hu Zhenjie
conference on the rule of law of the CPC Central Committee the necessity to promote both domestic rule of law and international rule of law. Following such instruction, the Ministry of Justice, the State-owned Assets Supervision and Administration Commission and other authorities has taken various measures and held a number of events in the exploration and practice of training high-ended foreign-related legal talents in recent years. This symposium held by the BAC jointly with the In-house Counsel Committee of All China Lawyers Association and the Beijing Lawyers Association is a specific sample of carrying out President Xi’s instruction and the Ministry of Justice and the State-owned Assets Supervision and Administration Commission’s arrangement. With the furtherance of Chinese enterprises’ “going abroad” activities, foreign-related legal risks and disputes are non-avoidable, and thus it is highly necessary for in-house counsels to understand and master the knowledge of international arbitration. This symposium is a helpful attempt from which in-house counsels could learn about international arbitration and improve their capability of participating in international arbitration.
Ms. Han Yinghui
Ms. Han Yinghui pointed out that the Beijing Lawyers Association has been endeavored to train foreign-related legal talents, and has progressively built and enlarged a high level legal team that understands domestic circumstance of China, has an international view and is expertised in international negotiation through training courses, practical trainings, compilation of typical cases and international exchanges with a global background. For a long time, with the support and promotion of Beijing Municipal Bureau of Justice, the Beijing Lawyers Association and the BAC have had a full range of exchanges on promoting arbitration legal system, holding arbitration training courses and organizing frontier colloquia, with a focus on training international arbitration talents, and thereby jointly enhancing foreign-related legal service level of Beijing and contributing to the construction of Beijing as an international arbitration hub.
Mr. Lin Zhiwei
Mr. Lin Zhiwei highlighted in his speech that the BAC’s caseload of international arbitration, and the disputed amount and complexity thereof have been on growth in recent years. So it is highly important to have discussion on the parties’ legal risks and strategies in international arbitration proceedings and improve Chinese market entities’ capability of dealing with international arbitration. By holding this symposium, the BAC expected to improve in-house counsels, lawyers and other practitioners’ understanding about international arbitration, enhance their dispute resolution competence and internationalization level, increase the opportunities of exchanges within the arbitration community, and constantly strengthen the competitiveness and influence of Chinese arbitration institutions globally.
Ms. Teresa Cheng SC
Mr. Justin Li
During the session of keynote speech, Ms. Teresa Cheng SC and Mr. Justin Li had extensive sharing of international arbitration practice from perspectives of arbitrators and counsels respectively, with highlights on case assessment, selection of arbitrators, pre-hearing preparation, presentation skills, cross examination, disclosure, reconciliation and third party funding. The two speakers specifically reminded that counsels in arbitration should learn about the causes of claims, the legal and factual grounds thereof, preconceive the defenses the counterparty might raise, prepare corresponding rebuttals, and get prepared to cope with changes at any moment. When drafting arbitration documents, attentions should be paid to the structure building and the proper use of references and topics, and the documents to be submitted should be logically clear with sufficient grounds. The key of international arbitration is to well perform the aforesaid works, to comply with arbitration rules and to smartly make use of arbitration procedure. Starting from frontier cases of typical significance, the two speakers also provided valuable suggestions on the coping measures of Chinese enterprises in overseas dispute resolution proceedings from the perspectives of promoting transactions and managing risks, looking forward to expand the horizons of Chinese commercial arbitration practitioners, and protect the rights and interests of Chinese enterprises in international commercial arbitration and international investment arbitration.
During the Q&A session, in-house counsels and lawyers had in-depth exchanges with the keynote speakers on conflict of interest, joinder of third parties and jurisdictions.
Q&A session
The BAC has always paid close attention to exchanges and cooperation with legal and dispute resolution professionals, looking forward to promoting the communication within the dispute resolution community by establishing a platform for Chinese and foreign scholars and practitioners, and providing diversified dispute resolution services to those “going-abroad” Chinese enterprises. Professionals interested in diversified dispute resolution are welcomed to pay attention to the BAC’s website and WeChat account for more information.
You are welcome to replay the symposium by clicking HERE or scanning the QR code below
