International Arbitration and ADR China Conference

 

1. Nov 28~29, 2012   JW Marriott Hotel | Beijing, P.R.China

   
   

   
   

   DOWNLOAD AGENDA

   
   

   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  (names are listed in alphabetic order)

   
   

   Beth Trent, Senior Vice President and Director of Programs, International Institute for Conflict Prevention and Resolution

   
   

   Bruce Collins QC, Eleven Wentworth Chambers Sydney

   
   

   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.

   
   

   Jingzhou TAO, Managing Partner, China, Dechert LLP

   
   

   Jie Wang, Division Chief of the Secretariat, CIETAC

   
   

   Sheng CHEN, Deputy Director, Supervisory Rules & Regulations Dept., China Banking Regulatory Commission

   
   

   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)

   
   

   Conference Agenda at a Glance

   
   

   Day One     Nov. 28, 2012

   
   

   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: Features of and the Future for Arbitration in China

   •The unique government-sponsored nature of the Chinese Arbitral Commissions.

   •State immunity and the enforcement of awards against the state and SOEs.

   •Is there a chance that the arbitration law in China will be revised further to open the door to international arbitration?

   
   

   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

   
   

   *Please note that conference Day One registration is for invited guests only.

   
   

   Day Two  Nov. 29, 2012

   
   

   (Only few speaking slots is available on this day of the conference)

   Recent developments affecting international arbitration in China

   Negotiating and Drafting Contract: Different Cultural and Legal Approaches

   Competition Law and arbitration

   Investment arbitration to and from China – pitfalls and solutions

   Managing the proceedings in China – where to arbitrate?

   
   

   LUNCH BREAK

   
   

   Intellectual Property arbitration

   Construction arbitration in China

   Natural resource and energy related arbitration in China

   Middle East and China dispute

   PANEL DISCUSSION

   
   

   
   

   Parallel Workshop

   Nov. 28, 2012

   1. Introduction of ADR
   2. Drafting  ADR clause in commercial contracts
   3. The ADR Practice in EU\Middle-East\South-east Asia
   4. The role of mediation in resolving international trade disputes
   5. Dispute Adjudication Boards

   Registration

    

   More information here