On September 20, 2018, a seminar on the "new developments in commercial arbitration in China and the US"，organized by JunHe, the China International Economic and Trade Arbitration Commission (CIETAC), the American Arbitration Association (AAA) and the AAA-International Centre for Dispute Resolution(AAA-ICDR), and co-organized by the China In-house Counsel Alliance (CCA), was successfully held at JunHe’s Beijing office.
The seminar began with a welcome speech by Mr. XIAO Wei, managing partner of JunHe. The presentersspeakers included Mr. Eric P. Tuchmann (Senior Vice President and General Counsel of AAA-ICDR), Mr. Michael D. LEE (Vice President of AAA-ICDR), Mr. ZHAO Jian (Vice President of the CIETAC Court of Arbitration, China), Ms. YANG Fan (Arbitrator & Mediator, Deputy Director of ADR Department of CIETAC), Ms. Christine Kang (Arbitrator ofat CIETAC and, AAA-ICDR, Partner at JunHe), Mr. LI Qing (Partner at JunHe) and Mr. ZHOU Xianfeng (Partner at JunHe). Over 60 representatives from different enterprises and institutions attended the seminar by invitation. The presentersspeakers and participants conducted in-depth discussions and exchanges regarding new developments in commercial arbitration in China and the US.
By presenting the current practices in international commercial arbitration at CIETAC and AAA-ICDR, the seminar aimed to introduce the latest developments in international and commercial arbitration inbetween China and the US, and explain how to deal with US parties in international arbitration and mediation. At the seminar, Mr. ZHAO Jian gave a thorough introduction ofbackground on CIETAC and CIETAC arbitration through specific statistics, and Ms. YANG Fan highlighted the advantages of CIETAC arbitration from three aspects: enforcement, efficiency and cost. On the topic of “how to deal with American parties in international arbitration and mediation”, Mr. Eric P. Tuchmann highlighted the differences in dealing with American lawyers and business people. Mr. Michael D. LEE discussed how American law school’s focus on cultivating students’ analytical and reasoning skills and the different styles American lawyers have compared to Asian lawyers. Finally, Ms. Christine Kang delivered a speech on the new developments in commercial arbitration in China. She analyzed the challenges and pitfalls of China's arbitration system through specific statistics, current Chinese laws, and new interpretations ofin the PRC Supreme People’s Court. She also shared her experience as an arbitrator at both CIETAC and AAA-ICDR, analyzing. She analyzed the similarities and the differences between CIETAC and AAA-ICDR arbitrationin practices. The seminar also explored new ideas of combining arbitration and mediation through the form of group discussions, under the banner “integrating the topic of “Oriental Experiences and American PracticesADR” through a panel discussion. There was also a Q&A session at the end of the group discussion, and the presentersspeakers answered the audiencesparticipants’ questions in detail.
The seminar lasted for three hours. The wonderful speeches, accurate data reports and practical case analysis of the presentersspeakers led to active speeches and rigorous discussions by the participants. All the participants at the seminar, including those from AAA, CIETAC and the audience, were impressed by JunHe’s professionalism. Since its establishment in 1989, JunHe has provided high-quality dispute resolution and related legal services to clients. Our dispute resolution team, including the presentersspeakers Ms. Christine Kang, Mr. LI Qing and Mr. ZHOU Xianfeng, have been highly praised by clients for many years. On September 13, 2018, at the “China Law & Practice Awards 2018”, JunHe was again awarded the “Dispute Resolution Firm of the Year”.
Introducing our Partners:
Christine has significant experience in resolving cross-border disputes, and practices at JunHe’s Beijing office. Christine is a listed arbitrator on the panels of various major international arbitration institutions, and has acted as chief arbitrator, sole arbitrator and party-nominated arbitrator in a variety of arbitration cases with CIETAC, AAA-ICDR, ICC and HKIAC. She has advised many Fortune 500 companies on their international arbitration cases with major international arbitration institutions, involving various areas such as international trade, joint ventures, construction, finance, insurance, licensing and intellectual property. Christine has extensive experience in anti-bribery investigations and corporate compliance matters. She currently represents Chinese SOEs in their settlement negotiations with Multilateral Development Banks (MDBs), including the World Bank, the African Development Bank and the Asian Development Bank, and in MDB sanction matters including investigation cooperation and compliance programs. Christine also advises Chinese companies on their overseas investment projects in the US, Europe, Latin America and Africa, and represents major American and European companies in their various China-related transactions. Her continuously outstanding performance in legal service has won her not only an impeccable reputation among clients, but also wide recognition from the professional media. Recently, Ms. Kang was awarded by Who's Who Legal: Arbitration - Future Leader 2017 as the “leading arbitration specialist” and by Who's Who Legal - Asset Recovery 2016 as a “world leading asset recovery lawyer”.
Mr. Li’s has more than 20 years of experience in legal practice, particularly in the areas of litigation, arbitration and dispute resolution. He has extensive experience in handling various types of litigation, arbitration and dispute resolution cases, especially cross-border litigation and international arbitration. He has successfully represented many foreign companies in litigations in China, and represented or advised many Chinese companies in international arbitrations or litigations outside China. Mr. Li is well versed in all aspects of international trade and has extensive experience counseling companies on international trade matters. He is also an expert on customs law and has successfully helped a number of companies in responding to investigations by Chinese customs. Mr. Li has been invited to give lectures on Chinese customs laws at several international conferences.
Dr. Zhou joined JunHe in May 2017 and now works in JunHe’s Beijing office. Previously, he worked as a contract manager in a Sino-foreign joint venture established by two leading international contractors. He began his legal career in a Chinese boutique firm with a first-class reputation in the areas of infrastructure and construction. He was the co-founder of Hesen Law Firm in alliance with Pinsent Masons LLP, a world leading international law firm in construction and engineering. Dr. Zhou was retained as an adjunctive professor by IIEPM of Tsinghua University and is now the vice chairman of the Construction Law Society (China). He is a board member of the Tianjin University-HeBosen International Construction Management Scholarship, and the listed arbitrator of the China International Economic and Trade Arbitration Commission (CIETAC). Dr. Zhou has an engineering and legal education background. He specializes in all aspects of law relating to construction and engineering for energy and infrastructure projects (particularly EPC projects), construction insurance and bonds, claims and counter claims, and cross-border construction dispute resolution, both domestically and internationally. Based on his work experience as an engineer, he has expertise in providing professional legal services to project owners and contractors. Dr. Zhou has been ranked by Chambers and Partners and Who’s Who Legal as one of the leading lawyers in the infrastructure, project finance and construction sectors in China.