IBA APAG International Arbitration Training Day was held at the Seat of SCIA

“IBA APAG International Arbitration Training Day: Introduction to the IBA Soft Law Instruments”, jointly organized by Shenzhen Court of International Arbitration (SCIA), International Bar Association (IBA) and Shenzhen Lawyers Association (SLA) was held on April 21, 2018 at the Shenzhen Stock Exchange office of SCIA, attracting more than 130 legal professionals from Mainland China, Hong Kong SAR, Macao SAR, the United States, Russia, Japan, India and Singapore.

Mr Xiaochun Liu, the President of SCIA, delivered a welcome speech on behalf of SCIA. In his speech, President Liu introduced the innovations made by SCIA in promoting and developing international arbitration in China during the past 35 years. He also shared that SCIA drew on IBA’s experience regarding bona fide cooperation, guidelines on conflict of interest and rules on the taking of evidence. Moreover, President Liu briefed the audience on the merger of Shenzhen Court of International Arbitration and Shenzhen Arbitration Commission, and promised that the new SCIA would insist on its vision of "independence, impartiality and innovation" so as to create a leading arbitration institution with global credibility and global influence. 

Mr. Dinesh Dhillon, Co-Chair of Asia Pacific Arbitration Group under IBA Arbitration Committee and Ms. Jun Han, vice president of SLA also made welcome remarks on behalf of IBA and SLA respectively. Mr. Dhillon thanked SCIA and SLA for their strong support for the event. He said that while participants of international arbitration came from different cultural backgrounds and legal traditions, the pursuit of justice is what they have in common and also the end of international arbitration. Ms. Han introduced the basics of SLA to the audience and said that the event was both an important legal contribution to the Shenzhen legal community and a new chapter for the friendship between IBA, SCIA and SLA.

The event was chaired by Ms. Ariel Ye, SCIA arbitrator, partner of King & Wood Mallesons and Co-Chair of IBA Asia Pacific Arbitration Group. There were five sessions, all conducted in English and each involving three parts - presentations, discussions and Q&A.

The topic for the first session was how to draft arbitration clauses - “IBA Guidelines for Drafting International Arbitration Clauses”. This session was chaired by Ms. Fan Yang, director of International Dispute Resolution Academy. Mr. Luming Chen, SCIA arbitrator and partner of Jun He Law Firm, Ms. Swee Yen Koh, partner of WongPartnership, and Mr. Dhillon introduced and explained in detail the content of the “IBA Guidelines for Drafting International Arbitration Clauses”, using specific cases to illustrate problems that should be avoided in drafting arbitration clauses for cross-border transactions. Additionally, panelists shared their experiences on issues concerning the governing laws, explaining the relationship between the governing law of the contract and that of the arbitration clauses, as well as the impact of the governing law clauses and dispute resolution clauses on the parties’ rights and obligations.

The topic for the second session was how to take evidence in international arbitration - “IBA Rules on the Taking of Evidence in International Arbitration”.This session was chaired by Mr. Weimin Xie, the chief professional officer of SCIA. Mr. Ning Fei, SCIA arbitrator and partner of Huizhong Law Firm, Mr. Christopher Lau, SCIA arbitrator, Ms. Helen Tang, attorney of Herbert Smith Freehills, and Ms. Ariel Yeexplained the “IBA Rules on the Taking of Evidence in International Arbitration”, using cases to illustrate the necessity of adoption of such rules. In particular, the panelists focused on what issues lawyers in the civil law system should pay attention to when using those rules.

The topic for the third session was how to behave professionally in international arbitration - “IBA Guidelines on Party Representation in International Arbitration”. This session was chaired by Ms. Koh. Mr. Lijun Cao, Partner of Zhong Lun Law Firm, Ms. Catherine Mun, SCIA arbitrator and partner of Li & Partners, Mr. Dhilon and Ms. Ye explained the content of the “IBA Guidelines on Party Representation in International Arbitration”. Panelists discussed the background and controversy of the introduction of these guidelines, highlighting the requirements for lawyers when representing the parties in international arbitration and how that related to practical issues.

The topic for the fourth session was how to avoid ethical problems in international arbitration -“IBA Guidelines on Conflicts of Interest in International Arbitration”. This session waschaired by Ms. Yang. Mr. Chen, Mr. Fei, Mr. Lau and Ms. Mun explained the “IBA Guidelines on Conflicts of Interest in International Arbitration” and related practical issues. The panelists explored the background and necessity of the introduction of these guidelines and focused on situations that would lead to conflicts of interest, as well as the standards for arbitrators’ impartiality and independence in international arbitration and their disclosure obligations.

The topic for the fifth session was recent developments of international investment arbitration. This session was chaired by Mr. Wenjie Gao, Partner of Tian Yuan Law Firm and Council member of SLA. Mr. Cao, Ms. Tang and Mr. Xie introduced the topic of international investment arbitration and its recent developments. Panelists also shared their observations on recent trends on jurisdictional and substantive issues in international investment arbitration. Mr. Xie introduced the acceptance of international investment arbitration by SCIA as stipulated in the SCIA arbitration rules.

The panelists had warm discussions and in-depth communications with the audience throughout all the sessions of the event. During the refreshment break, many domestic and overseas participants visited SCIA’s hearing rooms and facilities with great interest and spoke highly of the environment, facilities and conference services provided by SCIA.

The event was also the first arbitrator training programme organized by SCIA in 2018, and about 40 arbitrators have participated.

The following are pictures of the event:

The following is the programme of the event: