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Monday, April 15, 2024

Cross Border Dispute Decision in China

Might you elaborate on the important thing efforts and notable achievements you will have made on this discipline?

I began my authorized profession as a building dispute decision lawyer in China. Searching for to develop my experience globally, I pursued grasp’s levels at New York College and the College of London. These transformative abroad experiences not solely enhanced my understanding of dispute decision ideas but in addition supplied beneficial mentorship from pioneering professionals.

Over my 23-year profession as a cross-border dispute decision lawyer, I’ve represented shoppers throughout greater than 20 jurisdictions, and contributed to a number of landmark milestones: I sat as the primary emergency arbitrator within the Chinese language Mainland, nominated by GAR for “Greatest Growth of 2019”; I acted because the presiding dispute evaluate skilled within the first case making use of the Building Undertaking Disputes Evaluate Guidelines of the China Worldwide Financial and Commerce Arbitration Fee; I acted because the lead counsel within the first litigation in China between the applicant for unbiased assure and the issuer over wrongful fee; I used to be concerned in a landmark case on the popularity and enforcement of an arbitral award rendered by the Sugar Affiliation of London, by means of which the Supreme Individuals’s Courtroom of China, for the primary time, confirmed that these violating Chinese language obligatory legal guidelines don’t essentially violate China’s public coverage, and many others.

Past my authorized follow, my scholarly endeavors embrace founding the “China Building Regulation Evaluate”, China’s first journal devoted to building legislation, and authoring a seminal guide on Singapore Mediation Conference, titled “United Nations Conference on Worldwide Settlement Agreements Ensuing from Mediation – Legislative Background and Articles Interpretation”, which is among the many world’s first expositions.

Along with contributing to the enhancement of authorized practices and scholarly references, I’ve been actively engaged in legislative proceedings in China. Since 2017, I’ve served as China’s consultant in UNCITRAL Working Group II, striving to affect legislative tendencies in essential areas. Extra particularly, I’ve delivered reviews on the ratification recommendation of the Singapore Mediation Conference, the formulation of China’s Industrial Mediation Regulation, and the revision of China’s Arbitration Regulation. Main an skilled working group, I performed a key function in drafting proposals for China’s Constructing and Building Trade Safety of Fee and Adjudication Regulation.

Globally, I’ve fostered developments within the discipline of cross-border dispute decision by means of management roles in arbitration establishments. I co-led the institution of the Tashkent Worldwide Arbitration Centre, actively contributed to the formulation of its arbitration guidelines, and at the moment act as a member of its Supervisory Committee. Moreover, as a Member of the ICC Worldwide Courtroom of Arbitration, Board Member of the Singapore Worldwide Mediation Centre, and Member of the Worldwide Advisory Board of the Vienna Worldwide Arbitration Centre, I joined these establishments’ efforts in advancing arbitration practices and engaged in thought management at worldwide boards.

Might you share some spectacular worldwide arbitration circumstances out of your profession as counsel?

All through my profession, I’ve been concerned in lots of advanced worldwide arbitration circumstances, two of which stand out resulting from their distinctive challenges and profitable outcomes.

The primary case was representing a Chinese language investor in two parallel proceedings in opposition to the federal government of an African nation. Appearing because the contractor, my consumer entered right into a building contract with the federal government, because the employer of an infrastructure mission. Disputes later arose out of the federal government’s repudiation of the contract. Given the intricate information, delicate nature, and substantial dispute worth, this case was notably difficult.

The federal government, taking part in twin roles because the employer of the mission and the host state’s authorities, not solely breached the contract but in addition violated treaty obligations outlined in its bilateral funding treaty with China. In response, we pursued each funding arbitration and industrial arbitration concurrently, aiming to safeguard our consumer’s procedural and substantive rights. This exerted important stress on the federal government, which finally led to the signing of a settlement settlement favorable to the investor.

This case was a landmark in my profession, marking the primary occasion of a Chinese language legislation agency independently representing a Chinese language investor in an funding arbitration. The success of our technique additional solidified our pleasure in attaining optimistic outcomes underneath difficult circumstances.

The second case concerned representing a Chinese language building firm in a number of intertwined ICC arbitration proceedings regarding the development of a stadium for the 2022 FIFA World Cup in Qatar, culminating in extremely favorable outcomes obtained in September 2023. The dispute arose among the many stakeholders spanning technical points, delay, and quantum issues, and ended up every resorting to ICC arbitration. The stakeholders, respectively situated within the Chinese language Mainland, Hong Kong SAR, Qatar, India, and Germany, initiated three separate however intently associated ICC arbitrations. The seat of arbitration was London whereas hearings had been held in Doha. The complexity of the circumstances was immense, involving over 5,000 items of proof and 13 witnesses. The arbitration proceedings prolonged past 2.5 years.

When dealing with these three circumstances, my staff invested substantial time in comprehending the core technical dispute with the help of our shoppers and consultants. This enabled us to current compelling submissions and conduct efficient cross-examinations. As might be clearly seen from the ultimate awards, the tribunals had been very impressed by the independence, objectivity, and technical prowess of our consumer’s consultants. The tribunals additionally acknowledged the effectiveness of our staff’s cross-examinations in highlighting points associated to the counterparty’s consultants’ impartiality and questionable methodologies. Our overarching authorized technique in navigating these three arbitrations proved profitable, contributing to the decision of this exceptionally difficult building dispute.

What frequent challenges do counsels sometimes face when representing shoppers in worldwide arbitration circumstances associated to building and infrastructure?

In worldwide arbitration circumstances associated to building and infrastructure, counsel usually face the problem of successfully coordinating a various staff of execs engaged on a single case, together with monetary analysts, technical consultants, and authorized professionals from numerous jurisdictions.

To sort out this problem, my method begins with an preliminary case evaluation, which is pivotal for me to establish the assorted dimensions of the dispute. Based mostly on the evaluation outcomes, I are likely to encourage the consumer to have interaction key consultants at an early stage. Within the realm of building and actual property, the experience of three key sorts of professionals—technical consultants, delay consultants, and quantum consultants—is usually important. I normally actively help the consumer in partaking these consultants and delineate clear roles and duties for every skilled. This helps mitigate the chance of overlaps and guarantee complete protection of each side of the dispute.

In circumstances the place consultants from opposing events want to debate technical or monetary issues, I usually organize joint conferences. This proactive method serves to make clear points, slender down factors of competition, and doubtlessly pave the way in which for agreements on particular elements. Given the complexity of the method with a number of shifting components, efficient timeline administration turns into essential. So, I at all times place explicit emphasis on establishing affordable timelines for consultants.

Throughout hearings, I meticulously plan the sequence of displays and testimonies to make sure a coherent and logical circulation. Contemplating the intricate nature of building and actual property disputes, characterised by advanced factual situations, I favor the hot-tubbing method. This allows consultants to straight interact, responding to and difficult one another’s views on particular points. This dynamic interplay fosters an intensive dialogue, elucidates intricate particulars and aids the tribunal in greedy the nuances of the case.

Fairness Companion / Beijing
Tel +86-10-5957-2176
E mail sunwei@zhonglun.com

Practices: Litigation & Arbitration, Funding/M&A & Company Governance, Building & Undertaking

Industries: Actual Property, City Infrastructure, Vitality & Energy


Revealed by: www.lawyer-monthly.com


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