Publish time: Mon Oct 16 14:50:28 CST 2023
On 14 October 2023, the 2023 Hong Kong Summit on Commercial Dispute Resolution in China (the “Summit”) jointly organized by Beijing Arbitration Commission / Beijing International Arbitration Center (the “BAC”), Hong Kong International Arbitration Centre (the “HKIAC”) and the Chartered Institute of Arbitrators East Asia Branch (the “CIArb (EAB)”) was successfully hosted in Hong Kong. More than one hundred professionals from all over the world have attended the Summit, and the live streaming of the Summit has received more than 40 thousands watches.
Click “2023 Hong Kong Summit on Commercial Dispute Resolution in China” to replay the event
Opening Ceremony
Mr. Guo Wei
Ms. Mariel Dimsey
Mr. Donovan Ferguson
The opening ceremony of the Summit was moderated by Dr. Chen Fuyong, Deputy Secretary General of the BAC. Mr. Guo Wei, Chairperson of the BAC Committee, Ms. Mariel Dimsey, Secretary General of the HKIAC, Mr. Donovan Ferguson, Chairperson of the CIArb (EAB), delivered opening speeches in the opening ceremony.
Mr. Guo Wei delivered warm welcome to the audience and thanks to the supporting institutions on behalf of the BAC. He pointed out that the Annual Review on Commercial Dispute Resolution is a brand arbitration research project created by the BAC in 2013, and its launch events have gradually developed into an important platform for exchanges between Chinese and foreign professionals. The BAC has started to hold summits based on the Annual Review in Hong Kong jointly with dispute resolution institutions such as the HKIAC from 2016, endeavoring to jointly build Hong Kong into an international arbitration and dispute resolution hub. Currently Beijing is also promoting the construction of Beijing international arbitration hub. The BAC had reforms and the new session of its committee has just inaugurated. It will continue its internationalized and legalized development, and endeavor to build itself into a world class arbitration institution. The BAC is willing to strengthen its exchanges and cooperation with legal professionals in Hong Kong and Macau, jointly build international arbitration hubs in Beijing and Hong Kong, and share the fruits of development.
Ms. Mariel Dimsey expressed her expectation to this event and warm welcome to the audience on behalf of the HKIAC. She said that the HKIAC has always kept close cooperation with the BAC, and this Summit was a significant arbitration professional event post COVID-19 jointly held by the two partners, and the issues to be discussed are well targeted, practical and worthy of attention.
Mr. Donovan Ferguson welcomed the arrival of the audience on behalf of the CIArb (EAB). He reviewed the history of cooperation between the CIArb (EAB) and the BAC, as well as the BAC’s contributions to the development of Chinese arbitration. He said that the CIArb (EAB) is willing to promote the development of dispute resolution in Asia jointly with all professionals and colleagues.
Session I: Multiple Development Dimensions of the Dispute Resolution in China
Session I of the Summit was moderated by Mr. Justin D'Agostino, Global CEO of Herbert Smith Freehills. Ms. Yanhua Lin, Partner of Fangda Partners, and Ms. Fang Zhao, Partner of Yunzheng Law Firm, acted as the speakers, and Mr. John Choong, Partner of Freshfields Bruckhaus Deringer, Mr. Harald Sippel, Consultant of the Energy Disputes Arbitration Center (EDAC), Mr. Jeffery Benz, Mediator & Arbitrator of JAMS, and Mr. Yuntao Yang, General Manager of Risk Management/Legal & Compliance/Audit Dept. of China Merchants Group, acted as commentators. Ms. Yanhua Lin introduced the latest Chinese legislation on commercial arbitration and the latest development of Chinese arbitration institutions and their arbitration rules, and shared the judicial cases on third party funding (“TPF”) in arbitration and the arbitrability of disputes arising from false statements in the securities market, with a highlight on the development and prospects of TPF in Chinese arbitration. Ms. Fang Zhao provided a detailed introduction of the process and features of commercial mediation, the development and caseload of mediation institutions, and the construction of the “One-stop” diversified dispute resolution platform, and stressed that further regulation will be needed in the future on the scope of mediation’s jurisdiction and enforceability. Mr. John Choong analyzed the development of TPF in mainland China and Hong Kong, and then provided comments on judicial review of arbitral awards and the jurisdiction of arbitration with reference to the PRC Arbitration Law (Draft Amendment for Public Comment). He also made response to issues of ad hoc arbitration and the conflict of laws in international commercial disputes. Mr. Harald Sippel discussed the confidentiality, disclosure process, cost allocation and the level of regulation of TPF. Mr. Jeffrey Benz provided comments on the rapid development of Chinese commercial mediation and sports arbitration. At last, Mr. Yuntao Yang shared his views on the construction of international dispute resolution hub, the mechanism and arrangements of mutual recognition and enforcement of arbitral awards between Hong Kong and mainland China.
Session II: Energy Disputes: Against the Backdrop of Energy Crisis and Transition
Session II of the Summit was moderated by Prof. Anselmo Reyes SC, Member of the International Commercial Expert Committee of the Supreme People’s Court and International Judge of the Singapore International Commercial Court. Mr. Leslie Zhang, General Counsel and Vice President of United Energy Group Limited, acted as the speaker, and Mr. Tossaporn Sumpiputtanadacha, Partner of Watson Farley & Williams, and Mr. Jern-Fei Ng, Member of Temple Chambers, acted as commentators. Mr. Leslie Zhang presented an introduction of the energy crisis worsened by the Russia-Ukraine conflict and the development trend of China’s guarantee of its energy security and realization of its energy restructure, and the law making and typical cases within the energy industry concerning the carbon peaking and carbon neutrality goals. He also discussed hotspots such as the transfer of mining rights and TPF. Mr. Tossaporn Sumpiputtanadacha analyzed the issues of energy disputes and energy security from perspectives of public law and private law, and provided comments on disputes resulted from energy prices. Mr. Jern-Fei Ng highlighted the leading roles the BAC and the HKIAC have been playing in the field of energy and investment dispute resolution, stressing that the BAC and the HKIAC not only provided single arbitration under multiple contracts, joinder of additional parties, consolidation of arbitrations in their arbitration rules, but also well applied them in practice. The panelists also had discussion on how Chinese arbitration institutions could seize the opportunities of the China carbon trading market.
Session III: New Paradigm in Capital Market and Corporate Finance: Legislation Updates and Judicial Trends
Session III of the Summit was moderated by Mr. Guiguo Wang, Committee Member of the BAC and Member of the International Commercial Expert Committee of the Supreme People’s Court. Ms. Huafang Zhu, Partner of Huizhong Law Firm, and Ms. Qi Lyu, Chief Advisor of Jianfa (Hainan) Legal Service Co., Ltd., acted as the speakers, and Mr. Xin Liu, Partner of Freshfields Bruckhaus Deringer, Ms. Le Kang, Vice President of China Life Insurance (Overseas) Company Limited, Ms. Kim M. Rooney, Independent Arbitrator and Barrister, Mr. C. M. Chan, President of the Law Society of Hong Kong, and Mr. Norman Nip SC, Vice Chairman of the Committee on Arbitration of the Hong Kong Bar Association, acted as commentators. Ms. Huafang Zhu shared the development and change of investment dispute resolution in China in 2022, and presented an detailed introduction of the key content of the PRC Arbitration Law (Draft Amendment for Public Comment), highlighted the active role played by legal reform in improving business environment and promoting market vitality, and called for joint efforts of various industries to promote the improvement and innovation of the legal system. Ms. Qi Lyu shared the major changes and solutions of financial disputes in China in 2022, and the impact of law and regulation on the financial industry. She also analyzed important typical cases, providing comprehensive analysis of the key issues and development trend of the financial industry. Mr. Xin Liu discussed cross-border insolvency and the practice of Keepwell Deeds, and highlighted the significance of cooperation between mainland China and Hong Kong in relevant fields. Ms. Le Kang specifically shared the important part the PRC Bankruptcy Law plays in financial dispute resolution and economic revival. Ms. Kim M. Rooney mainly focused on the concept of “piercing the veil of company”, elaborating its application in different judicial system. Mr. C. M. Chan introduced the new trend of Hong Kong legal field, including the application of legal technology, TPF and ESG regulations. Mr. Norman Nip SC mainly shared the laws and cases concerning securities fraud in Hong Kong, opining that by contrast, the relevant rules of mainland China is doing better in the protection of investors. The panelists also had exchanges on blockchain regulation, the enforcement of court judgments of mainland China in Hong Kong and the validity of valuation adjustment mechanism.
Session IV: Construction Disputes: Challenge and Perspective in the Changing Era
Session IV of the Summit was moderated by Ms. Helena HC Chen, Member of Standing Committee of the ICC International Centre for ADR and Managing Partner of Chen & Chang. Mr. Jun Cui, Managing Director of Eminent Consulting Limited, acted as the speaker, and Mr. Tom K. M. Fu, Partner of Mayer Brown, Council Member of the Law Society of Hong Kong, and Mr. Mian Sheraz Javaid, Chair of CIArb (Pakistan Branch), acted as commentators. Mr. Jun Cui presented an introduction of the construction industry and construction dispute resolution in China in 2022, the changes of relevant regulations and policies, typical cases, hotspots and prospects. He specifically provided sharing on construction dispute review, the trend of construction dispute resolution in Belt and Road projects by Chinese enterprises and the selection of alternative means of dispute resolution. Mr. Tom K. M. Fu shared the Security of Payment Legislation of Hong Kong SAR and its features of expedited adjudication and enforceability. Mr. Mian Sheraz Javaid mainly elaborated and spoke highly of the Interpretation of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Cases Regarding Disputes over Construction Contracts for Construction Projects (I) effective from 2021, and highlighted the importance of the Dispute Avoidance/Adjudication Board (DAAB) by sharing the successful example of the China-Pakistan Economic Corridor (CPEC). The panelists also had exchanges on concurrent delay and different handling thereof in different jurisdictions.
Session V: Intellectual Property Protection in China: The Premier and Balanced Momentum
Session V of the Summit was moderated by Mr. Victor Dawes SC, Chairman of Hong Kong Bar Association. Dr. Guanbin Xie, Director of Lifang & Partners, acted as the speaker, and Mr. Durward Kan Chun Dei, Vice President of Legal Department of China Resources (Holdings) Company Limited, and Ms. Winnie Tam SC, Head of Chambers of Des Voeux Chambers Hong Kong, acted as the commentators. Dr. Guanbin Xie elaborated hotpots such as the prevention of abuse of intellectual properties and restriction of competition, and pointed out that currently both the government and enterprises need to consider how to strengthen independent innovations and resist external risks against the ever-tightening export controls. Ms. Winnie Tam SC shared in her comments the new tendencies of international commercial disputes over IP and the features of new types of IP disputes. Mr. Durward Kan Chun Dei introduced the practice of state-owned enterprises for IP protection, and shared state-owned enterprises’ experience of winning a case by properly utilizing procedural rights during the process of dispute resolution
Closing Speech
Mr. Paul Lam SC, Secretary for Justice, Government of the Hong Kong SAR
The closing session of the Summit was moderated by Ms. Mariel Dimsey. Mr. Paul Lam SC, Secretary for Justice, Government of the Hong Kong SAR, delivered a closing speech. He said that this Summit established a valuable platform for legal practitioners of mainland China and Hong Kong. He introduced the efforts and measures of the Hong Kong SAR in the process of building Hong Kong into an international arbitration hub, and emphasized Hong Kong judicial circle’s long-lasting support towards arbitration. He also said that Hong Kong will continue to exploit its advantages, provide qualified platform for legal practice to Chinese and foreign arbitration practitioners, make proactive contributions to the Belt and Road Initiative, and strengthen and promote win-win cooperation for the shared target of rule of law.
The Summit was sponsored by Freshfields Bruckhaus Deringer and Temple Chambers, and was supported by the Legal Committee of China Company Association, AALCO Hong Kong Regional Arbitration Centre, Hong Kong Bar Association, the Law Society of Hong Kong, JAMS, Global Arbitration Review, Wolters Kluwer, LexisNexis and LexPR.
Along with the steps of its internationalization development, the BAC will continue to stick to its values of independence, impartiality, professionalism, efficiency and excellence, provide world class dispute resolution services to the parties, and endeavor to be the backbone of promoting the diversified development of dispute resolution in China.