International Arbitration and ADR in China

Date: 28 - 29 Nov 2012
Location: Beijing, P.R.China
Overview

With the rapid grow of global FDI and M&A, businesses are in great needs of both cost-effective and commercially oriented avenue to resolve various disputes. However, it’s often the case that traditional litigation may not be the most appropriate method of resolving commercial differences, and that is when commercial arbitration and Alternative Dispute Resolution has proved highly successful in resolving commercial differences.

So this November, Wolters Kluwer invites leading arbitrators from world’s major sites of arbitration and well known scholars to share their experiences and insights in Beijing China. Hot topics and questions will be collected before the conference from both corporate counsels and arbitration practitioners, which will be grouped into themes and allocated to the working sessions for open debate under the expert guidance of the moderators. This conference will ensure you get both updates on the development of arbitration and ADR in the region and the practical hands-on knowledge for your dispute resolution strategy.

Some of the Expert Speakers to be confirmed soon

(names are listed in alphabetic order)

Christopher K. Tahbaz, Partner, Debevoise & Plimpton LLP

Danny McFadden, Director, CEDR Asia

Elxiang WAN (Associate Justices), Vice President, Supreme People’s Court. P.R.C.

Gary Born, Partner and Chair, International Arbitration Practice Group, Wilmer Cutler Pickering Hale and Dorr LLP

Jingzhou TAO, Managing Partner, China, Dechert LLP

Lucy Reed, Partner and Global co-head of the international arbitration group, Freshfields Bruckhaus Deringer

Peter Wolrich, Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP

Prof. Ethan Katsh, Chair, United Nations Expert Working Group on ODR; Director, Center for Information Technology and Dispute Resolution, University of Massachusetts

Qu Zhujun, Deputy Dir., CIETAC Research Institute

Teresa Cheng Yeuk-wah, Chairman, FDRC; Vice-President, International Council for Commercial Arbitration (ICCA)

Yuqing ZHANG, Partner, Zhang Yuqing Law Office; Chinese Panelist, WTO Dispute Settlement Body (DSB)

Program at a Glance

Day One

CIETAC Arbitration Rules 2012 and Implications Beyond Rules
- Introduction of 2012 rules: new features and major modifications
-Working Session I: Arbitration Practice in China: Trend and Development

  • Rules and practice regarding Multiple-Party Tribunal.
  • Arb-Med ( also a discussion on the HK Court of Appeal decision in Gao Haiyan v. Keeneye)
  • How does CIETAC delegated the power to determine jurisdiction to the tribunal upon the objection to arbitration agreement / jurisdiction
  • The power of the arbitral tribunal to order an interim measure and its relation with the People’s Court

The Culture and Legal Background Shaping Chinese Arbitration Law and Practice
-Latest Developments in the Enforcement of International Commercial Arbitration Awards in China
-Panel Discussion I: Expert’s View on the Features and Futures of Arbitration in China

  • Compensation and allocation of costs of arbitrators
  • The unique government-sponsored nature of the Chinese Arbitral Commissions.
  • State immunity in the enforcement of awards against the state
  • Is there a future for foreign arbitration institutions in China?

The Settlement of Investment Related Disputes
-Working session II: The Settlement of Investment Disputes

  • Latest developments on Fair and Equitable Treatment and other substantive standards of treatment. (the backlash against fair and equitable treatment)
  • Exception clauses in BITs – where are we at?
  • The web of Free Trade Agreements (FTAs) and the direction it is going in Asia (Australia trying to negotiate one with China)
  • China-Africa Investment and Trade and Dispute Settlement – an overview and a look to the future

Updates on Other Forms of Arbitration

-Panel Discussion II: Issues and Latest Developments on ODR in Asia
-Latest Developments in Arbitration of Banking and Financial Disputes
-Challenges Facing China’s Banking Industry When Using Financial Arbitration—Also A Review on CIETAC’s Financial Arbitration Rules

Day Two

Recent developments affecting international arbitration in China
Intellectual Property arbitration
Competition Law and arbitration

COFFEE BREAK

Investment arbitration to and from China – pitfalls and solutions
Managing the proceedings in China – where to arbitrate?

LUNCH BREAK

TBC
Construction arbitration in China
Negotiating and drafting contracts: different cultural and legal approaches
Energy arbitration in China

COFFEE BREAK

PANEL DISCUSSION – TBC

Contact Information

We are currently inviting qualified arbitration and ADR practitioners who have extensive experience of dispute resolution in the areas of investment\energy\construction. If you are interested in participating in this way, please do contact me as soon as you can, as we will be finalizing the program shortly. Speakers and panelists can attend the entire event for free. I can be reached directly to talk about this in more detail on:

David HAN (韩大为)
CCH China - A Wolters Kluwer business
P. + 86 21 5836 8999 * 132; M +86 1 59 01 87 50 47
David.han@cchchina.com.cn
www.wolterskluwerchina.com.cn

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Contributing Members

China International Economic and Trade Arbitration Commission (CIETAC)International Institute for Conflict Prevention & Resolution (CPR)

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