The Symposium on Arbitration Practice of International Engineering Contract, hosted by China International Economic and Trade Arbitration Commission Shanghai Branch, and organized by Shanghai JLCD Law Firm and the Law School of Tongji University and Economics and Management School of Tongji University, was successfully held at Tongji University on the afternoon of September 26, 2016. This meeting was also one of the event of China Arbitration Week. More than 100 invitees, including in-house legal executives of major international construction corporates, representatives of industrial associations, experienced arbitrators, professors at universities, and lawyers attended this meeting.
At the opening of this meeting, Ms. Gao Fei, Secretary General of China International Economic and Trade Arbitration Commission Shanghai Branch, Mr. Lv Qiming, Vice-principal of Tongji University, and Mr. Zhou Jigao, managing partner of JLCD Law Firm gave opening speeches. It is pointed out by Mr. Zhou Jigao that the “one belt, one road” strategy has brought not only opportunities but also great challenges to construction enterprises; there are three aspects of work that the enterprises shall pay attention to 1. Contracting overseas construction project is totally different from the domestic, which requires us to change the mind of management; 2. We need to comprehensively carry out risk evaluation and management measures at macro levels of politics, economics, laws, culture and environment, and at micro levels of domestic and overseas licensing, purchase of materials and equipment, exports, labor, subcontractors, foreign currency, financing, guarantee, insurance and so on. 3. We must adapt ourselves to the way of treating international disputes, respecting contracts and international practice.
There are three topics in this symposium: New Visions on the Disputes Resolution of “One Belt, One Road” Construction, New Requirements of Representing Cases of “One Belt, One Road” Construction, Ways of Avoiding Legal Risks on “One Belt, One Road” Constructions for “Going Global” Enterprises. Ms. Gao Fei Secretary General of China International Economic and Trade Arbitration Commission Shanghai Branch, and Ms. Huang Yiwen from Chamber of International Commerce Shanghai respectively introduced how the arbitration commission and international court of arbitration handle the construction cases and the measures to increase independence and impartiality of arbitration, pushing forwards efficiency of arbitration. Ms. Zhu Bing, Vice-president of the Law School of Tongji University, analyzed the nature of the contract under the PPP model and puts forward new ideas about the remedy approaches. Lawyer & Arbitrator Zhou Jigao introduces experience of representing international arbitrations cases of construction in the view of construction period disputes, which sheds light on the issue that different thoughts of judgment and distinctive proof standards between the domestic and the abroad would lead to a result of “same cases, different judgment”. Mr. Xu Haifeng, General Manager of Legal Department and Enterprise Management Department of Shanghai Construction Group and Ms. Rao Shizhao, Vice General Manager of Legal Department of Shanghai Tunnel Project Company respectively talk about issues like legal risks faced by the Chinese construction enterprises when going global, and dispute settlement mechanism of cooperative international construction. Other guest speakers also deliver their fantastic speeches. At the final section of Q&A, representatives have a great communication with our guest speakers in an academic sense.
Ms. Gao Fei Secretary General of China International Economic and Trade Arbitration Commission Shanghai Branch
Mr. Zhang Chenyang, China Council for Promtion of Interntional Trade (CCPIT) Shanghai Pudong Branch
Ms. Zhu Bing, Vice-president of the Law School of Tongji University
Mr. Xu Haifeng, General Manager of Legal Department and Enterprise Management Department of Shanghai Construction Group
Ms. Rao Shizhao, Vice General Manager of Legal Department of Shanghai Tunnel Project Company