Publish time: Thu Nov 14 19:32:25 CST 2024
On November 12, 2024, the “2024 Tokyo Summit on Commercial Dispute Resolution in China” (the “Summit”) was successfully held in Tokyo, Japan. The event was jointly hosted by the Beijing Arbitration Commission/Beijing International Arbitration Center (BAC/BIAC), the Inter-Pacific Bar Association (IPBA), the Japan Commercial Arbitration Association (JCAA), and the Japan Institute for International Arbitration Research and Training (JIIART).
The Summit featured 35 speakers from various countries and regions, including China, Japan, the UK, Singapore, Pakistan, Belgium, Hong Kong SAR, and Taiwan region, attracting over a hundred legal professionals such as arbitrators, lawyers, arbitration practitioners, scholars, experts, and college students to participate in-person.
Dr. Jiang Lili, the Committee Member and Secretary General of the BAC/BIAC, Mr. Jack Li, the 30th President and Current Chair of Nominating Committee of the IPBA, Mr. Shinsuke Kitagawa, the President of JCAA, and Mr. Shin-Ichiro Abe, the Chairman of JIIART, attended the Welcome Address and delivered speeches. The Welcome Address was moderated by Dr. Chen Fuyong, the Deputy Secretary General of the BAC/BIAC.
Dr. Jiang Lili pointed out that the BAC/BIAC, as a leading arbitration institution that resides in Beijing, with an undertaking to serve the international arbitration community, has reached a record high in the number of new cases and dispute amounts last year. The BAC/BIAC, facilitated with its high-standard arbitration services, rules in line with international best practices, and an efficient case management team, has administered 67 commercial arbitration cases involving Japanese parties, with the total disputed amount of such cases exceeding 5.7 billion Japanese Yen. With the ongoing advancement of globalization, there is a growing trend towards making commercial dispute resolution mechanisms more international, specialized, and diversified. The BAC/BIAC is enthusiastic about partnering with global counterparts to pursue mutual growth and improve the standards, efficiency, and impact of international arbitration, and hopes to involve more international collaborators in establishing Beijing as a hub for international commercial arbitration, thereby enabling them to benefit from this development.
Mr. Jack Li stated that China and Japan are important economic entities in the Asia-Pacific region. Frequent economic and trade exchanges between China and Japan have far-reaching significance for regional development. As an association composed of outstanding lawyers in the Asia-Pacific region, IPBA looks forward to this Summit, where participants have the opportunity to interact deeply with top legal experts and practitioners, share the results of wisdom, and jointly promote innovation and progress in legal services in the Asia-Pacific region.
Mr. Shinsuke Kitagawa mentioned that JCAA co-hosted this Summit with the BAC/BIAC, which will update participants on the development of dispute resolution in Asia and the latest needs of local enterprises for international dispute resolution services. JCAA will take this Summit as an opportunity to strengthen interaction and cooperation with global arbitration professionals and users, providing more convenient diversified dispute resolution services for parties in Asia.
Mr. Shin-Ichiro Abe said that JIIART has been committed to promoting knowledge sharing among arbitration practitioners and the development of cross-border dispute resolution. This Summit will provide Chinese and Japanese arbitration practitioners with cutting-edge dynamics of international arbitration and jointly promote the development of international arbitration in Asia.
The Summit was divided into seven sessions covering 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 Mr. Tony Andriotis, the partner of DLA Piper. Mr. Fei Ning, the managing partner of Huizhong Law Firm, delivered a report on the “Annual Review on Commercial Arbitration in China (2024)”. Ms. Yoshimi Ohara, a partner at Nagashima Ohno & Tsunematsu, Mr. Aoi Inoue, a partner at Anderson Mori & Tomotsune, and Ms. Chen Fanghan, the Deputy Managing Counsel of HKIAC, provided comments.
The speakers exchanged views on the global trend of improving the efficiency of international arbitration as reflected in China, the positive impact of the latest revision of the Japanese Arbitration Act, and the services provided by arbitration institutions in ad hoc.
Session Two: Commercial Mediation from the User’s Perspective: Expectations, Challenges and the Way Ahead
The second session was moderated by Mr. Yutaro Kawabata, a partner at Nishimura & Asahi. Mr. Terence Xu, a Senior Advisor of Beijing Jundu Law Firm, reported a presentation on the “Annual Review on Commercial Mediation in China (2024)”. Mr. Yoshihiro Takatori, the special advisor / counsel of Nagashima Ohno & Tsunematsu , and Ms. Masako Miyatake, a guest professor at Keio University Law School and a special counsel at Blakemore & Mitsuki, provided comments.
The speakers introduced the cooperative mediation process and shared useful experiences in finding common interests in the context of Sino-Japanese commercial mediation systems and practices.
Session Three: Dispute Resolution in the Context of Energy Transition: New Legal Rules, Frontier Issues, and External Challenges
The third session was moderated by Mr. Anselmo Reyes, a member of International Commercial Expert Committee of the People's Supreme Court of China and the international judge of the Singapore International Commercial Court. Mr. Liu Hongchuan, the executive partner of AnJie Broad Law Firm, delivered a report on the “Annual Review on Energy Dispute Resolution in China (2024)”. Mr. Duncan Speller, a partner at Willkie Farr & Gallagher LLP, and Ms. Yoko Maeda, a partner at City-Yuwa Partners, provided comments.
The speakers discussed their views on the development of the new energy industry and introduced strategies for risk prevention in energy transition projects through contract terms such as limitation of liability, exclusive remedies, and force majeure, as well as an overview of energy disputes in Japan.
Session Four: Financial Dispute Resolution in a Changing Economy: Investments Types, Legal Regulation, and Market Opportunities
The fourth session was moderated by Ms. Mylene Chan, the consultant of East and Concord Partners and a visiting faculty at Peking University School of Transnational Law. Mr. Hu Yuxiang, a partner at Zhuowei Law Firm, delivered a report on the “Annual Review on Financial Dispute Resolution in China (2024)”. Mr. Michael de Boeck, a partner at Acquis Law Firm, and Mr. Ryunosuke Ushijima, a partner at King & Wood Mallesons, provided comments.
The speakers discussed the EU’s financial regulatory framework and dispute resolution options, recent developments in Japan’s diversified dispute resolution in the field of finance, and disputes over corporate governance authorization.
Session Five: Intellectual Property Protection in the Digital Era: New Problems and Challenges
The fifth session was moderated by Mr. Zhang Cunyuan, the Director & Head, China, SIAC. Ms. Zhang Hairuo, a managing partner at Yuanhe & Twelve Tables, delivered a report on the “Annual Review on Intellectual Property Dispute Resolution in China (2024)”. Mr. David Wang, the Director of the Asia Pacific Intellectual Property Department of Huawei, and Mr. Ayumu Iijima, a senior partner at Innoventier LPC, provided comments.
The speakers analyzed and discussed issues such as patent and copyright protection for AI-generated works, its application in the legal services industry, and the selection of appropriate dispute resolution methods.
Session Six: Impact of Changes in the International Situation on International Trade: Regulatory Barriers, Export Controls and Economic Sanctions
The sixth session was moderated by Mr. Akira Moriwaki, a partner of Anderson Mori & Tomotsune. Ms. Xing Yuan, a partner at Beijing Huanzhong & Partners, delivered a report on the “Annual Review on International Trade Dispute Resolution in China (2024)”. Mr. Yoshihisa Hayakawa, a professor of law at Rikkyo University, and Mr. Saimon Matsuzaki, Japan Legal Director of Trip.com, provided comments.
The speakers discussed hot issues such as responses to sanctions and export controls in emerging fields of international trade legal compliance and updates on countries’ attitudes towards international trade law.
Session Seven: International Construction Projects under the Belt and Road Initiative: Risk Identification and Management Measures
The seventh session was moderated by Ms. Helena Chen, a member of the ICC International Court of Arbitration and a managing partner of Chen & Chang, Attorneys-at-Law. Ms. Meng Yao, a senior partner at Beijing Jundu Law Firm, delivered a report on the “Annual Review on Construction Dispute Resolution in China (2024)”. Mr. Sheraz Mian Javaid, the Chair of ClArb (Pakistan Branch), and Mr. Daniel Allen, a partner at Mori Hamada & Matsumoto, provided comments.
The speakers focused on risk identification, prevention, and dispute resolution strategy selection in the field of international construction, with a particular analysis of issues in supply chains and regulatory of renewable energy projects.
The Summit was concluded by Lars Markert, the Co-Chair of IPBA’s Dispute Resolution and Arbitration Committee and Partner of Nishimura & Asahi.
Mr. Lars Markert reviewed the excellent speeches of the speakers in each session and congratulated the successful conclusion of the Summit. He mentioned that the seven sessions of the Summit were rich in content, providing multi-dimensional knowledge exchange for participants. Markert expressed special thanks to all participants for their active contributions, which effectively promoted communication and cooperation among Chinese and Japanese international arbitration and industry experts. The commonality of cultural traditions and legal development paths in the Asia-Pacific region provides a solid foundation for the modernization process of the legal service industry across the area.
The Summit was supported by several institutions, including AAA-IDRC Asia Case Management Centre, Asian International Arbitration Centre, Australian Centre for International Commercial Arbitration, China Society of Private International Law, eBRAM International Online Dispute Resolution Centre, Hong Kong International Arbitration Centre, Japan International Dispute Resolution Center, New Zealand International Arbitration Centre, the Singapore International Arbitration Centre, Singapore International Mediation Centre, Stockholm Chamber of Commerce Arbitration Institute, the World Trade Center Macau Arbitration Center, Association of China Lawyers in Japan, etc. Wolters Kluwer and Beijing LexPR Consulting Co.,Ltd participated are the media partners.