On the afternoon of September 23, 2024, the “Special Event on Cross-Border Disputes During the 2024 China Arbitration Week and the Fifth Annual Conference of China Forum of Financial & Investment Disputes” was successfully held in Beijing. The special event, an in-person conference, featured English-language keynote speeches and panel discussions, attracting a diverse range of attendees from the Chinese mainland, Hong Kong SAR, Taiwan region, and five overseas jurisdictions.  Participants included renowned dispute resolution experts, general counsels of large enterprises, representatives from China International Economic and Trade Arbitration Commission (“CIETAC”), Shenzhen Court of International Arbitration (“SCIA”), and International Council for Commercial Arbitration (“ICCA”), as well as nearly 100 in-house counsels and lawyers.

（Attendees checking in）

The conference commenced with opening speeches from two distinguished speakers: Mr. Yan Gu, Vice President of the Arbitration Court of CIETAC, and Mr. Chongwen Li, Partner of Zhong Lun Law Firm. They highly complimented the event organized by China Forum of Financial & Investment Disputes (“CFFID”) and expressed the warmest welcome to all the guest speakers and participants.

（Mr. Chongwen Li delivered the opening speech）

（Venue panorama）

 （Venue panorama）

Five industry representatives engaged in a lively discussion on the impact of international sanctions, third-party funding (FTP), and ESG on international arbitration with Professor Jingxia Shi from Renmin University Law School serving as the moderator. Mr. Yadong Ma, general counsel of China Zhenhua Oil Co., Ltd., discussed the challenges faced by sanctioned companies in striking a balance between contract performance and compliance with sanction regulations; Mr. Wilson Wei Huo, partner of Zhong Lun Law Firm and arbitrator, addressed the importance of incorporating force majeure clauses in contracts and the application of the frustration defense, drawing upon a recent ICA arbitration case he undertook, as well as the approach taken by domestic courts to reviewing TPF contracts and the arbitrability of ESG disputes; Mr. Ernest Yang, partner and co-head of International Arbitration Practice in Asia Pacific of DLA Piper, and council member of Hong Kong International Arbitration Center (“HKIAC”), examined the substantial burden of proof for the frustration defense and analysis of TPF from an arbitrator’s perspective; Mr. Ning Fei, managing partner of Hui Zhong Law Firm and board member of ICCA, emphasized the significance of ensuring procedural transparency and control over the impact of TPF on arbitration procedures, and he also shed light on the latest moves taken by ICCA in regulating TPF and ESG arbitration; Mr. Andrew Rigden Green, partner of Stephenson Harwood, shared a recent case where a lawyer acted as a third-party funder and explored the implications of ESG-related disputes such as greenwashing on international arbitration from the angle of Hong Kong law.

（Panel Discussion I）

Mr. Jern-Fei Ng, King’s Counsel and arbitrator, delivered a keynote speech, sharing six winning strategies in cross-border disputes, setting the stage for Panel Discussion II. Five industry representatives had a second round of discussion on “Avoiding Pitfalls, Managing Risks, and SMART Dispute Resolution for Companies Going Overseas” under the moderation of Ms. Wenli Xu, chair of Hebei Arbitration Association. Ms. Yusu Tian, senior case manager of CIETAC and Doctor of Laws, shared the latest developments in China’s efforts to establish international commercial arbitration centers and ad hoc arbitration from the perspective of arbitration institutions; Mr. Manuel Torres Salazar, partner of Garrigues, discussed his experience representing Spanish companies applying for recognition and enforcement of arbitral awards in Latin America and the mainland of China; Mr. Zhao Liu, general counsel of ENN Energy Holdings Limited, drawing from the latest amendments to the PRC Company Law, talked about the impact of the amended Company Law and the Arbitration Law on cross-border disputes and “going overseas” efforts by companies; Ms. Hao Wang, deputy chief of Research Division of SCIA, stressed the significance of choosing the appropriate seat of arbitration, especially the accuracy of its definition from the standpoint of a former senior judge and member of an arbitration institution; As a representative of lawyers from Taiwan region, Mr. Houchih Kuo, senior counsel of Kuo & Kuo Attorneys-At-Law, shared the key points in the selection of the seat of arbitration and governing law.

（Panel Discussion II）

Mr. Danyang Liu, vice chair of China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters (the “Chamber of Commerce”), and Mr. Wilson Wei Huo, secretary general of CFFID, delivered closing remarks, respectively. Mr. Danyang Liu said that the Chamber of Commerce is a longstanding partner of Zhong Lun Law Firm and CFFID, and it looks forward to closer cooperation with domestic arbitration institutions and lawyers in the future. Mr. Wilson Wei Huo presented the annual report of CFFID, highlighting the establishment and developments of CFFID. In his address, he also briefed the topics of the conference, and noted that this event had made many breakthroughs, setting it apart from similar events of the Arbitration Week.

 （Mr. Wilson Wei Huo made closing remarks）

The conference featured a full-fledged introduction of the new trends and developments of international arbitration and an in-depth discussion of the way for companies to “go overseas”, “avoid pitfalls”, and master SMART dispute resolution. The conference proved to be an intellectually stimulating gathering, characterized by the dynamic exchange of ideas among its esteemed speakers and attendees, resulting in widespread acclaim from all involved.