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Professor Han Shiyuan Gave a lecture on ��Theoretical Research and Practical Issues of Liquidated Damages��
--BAC Arbitrators�� Salon Issue 10, 2008��Vol.47��
����Under invitation, Professor Han Shiyuan, doctoral advisor of School of Law of Tsinghua University and the arbitrator of BAC gave a vivid and detailed lecture in the BAC��s 10th Arbitrators�� Salon on November 27, 2008 (Vol. 47) on the topic of ��Theoretical Research and Practical Issues of Liquidated Damages ��. The Salon attracted over 130 arbitrators of BAC and professionals from law and relevant fields. Zibo Arbitration Commission also attended the Salon through remote video facilities. Leaders of Jincheng Arbitration Commission also attended the Salon. The Salon was presided by Mr. Sun Jilu, an arbitrator of BAC and professor of Department of International Law of China Foreign Affairs University.
����Professor Han Shiyuan first articulated and analyzed such problems as how to understand the nature of liquidated damages agreed upon in the contracts, how to differentiate penalty for breach of contract from compensatory penalty and how to understand the provisions of current Contract Law on liquidated damages from the perspective of legal evolution and comparative law. Then Professor Han analyzed the quantity of liquidated damages. Through a lot of detailed contract provisions and precedents, Professor Han argued that whether the amount of penalty should be adjusted in the judgment process and introduced experiences and skills on how to adjust. Because Professor Han is not only engaged in academic research in theory, but also has handled a number of practical issues, his speech has combined profound academic background with rich practical experiences, just like a fabulous legal cultural dinner. After the speech, Professor Han communicated deeply with participants on problems they were concerned about and answered their questions.
���� As appraised by Professor Sun Jilu, the host of the Salon at the end of activity, ��Dr. Han is knowledgeable, rigorous, earnest and pragmatic and his speech was vivid, detailed and impressed the audience deeply. From his speech, we can feel the broadness and profoundness of the liquidated damages system. The involved value judgment and system construction, logical reasoning and life experiences are combination of system and art which makes it difficult to be judged. Professor Han��s speech revealed the essences of liquidated damages and provided various experiences, methods and techniques of handling liquidated damage cases. Lots of cases mentioned today reveal many valuable materials and are quite inspiring.��
����The Salon ended up in a warm atmosphere successfully.
��Zhou Hongzheng, Chen Xi��
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