IPBA 2021

China’s Recent Developments in International Dispute Resolution

Organised by: Dispute Resolution & Arbitration Committee

Session abstract:

The tremendous growth of China’s economy and its international trade and investment inevitably caused a surge in China-linked disputes. Hence, the developments and reforms in relation to China’s international dispute resolution practice have attracted extensive attention worldwide. Recent years have witnessed steady and rapid changes to China’s international dispute resolution landscape.

This session will discuss various aspects of China’s recent developments in international dispute resolution, including the China International Commercial Court and court-ordered interim measures in mainland China for Hong Kong-seated arbitration. This session will also examine the hot topic of international arbitral institutions administering arbitration seated in mainland China and the latest developments of the leading Chinese arbitral institutions.

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Chan Hock Keng
Partner
, WongPartnership LLP
Singapore

CHAN Hock Keng is the Joint Head of the Commercial & Corporate Disputes Practice and a Partner in the International Arbitration Practice. He is active in the Singapore Courts and in arbitrations. He appears as solicitor/counsel in court cases and domestic/international arbitrations relating to building & engineering contracts, joint venture and other forms of commercial disputes. He has also acted as an expert on Singapore law in a CIETAC arbitration as well as in a case at Thailand’s Central Intellectual Property and International Trade Court. Apart from counsel work, Hock Keng regularly sits as arbitrator in references conducted in either English or Chinese.

He is a Fellow of the Chartered Institute of Arbitrators and a member of the panel of arbitrators of the SIAC, AIAC, HIAC, HKIAC, JCAA, KCAB, and SCIA. His redacted awards have been published in LexisNexis’ “Singapore Arbitral Awards 2012”.

Sae Youn Kim
Partner
, Kim & Chang
Seoul

Sae Youn Kim is a partner at Kim & Chang. Ms. Kim is a senior member of International Arbitration & Cross-Border Litigation.

Ms. Kim practices primarily in the areas of international litigation and arbitration with an emphasis on commercial and international law.

Before joining Kim & Chang, she served as a judge at various Korean district courts, and practiced as a key member in major Korean law firms. Ms. Kim also sits as an arbitrator and is licensed to practice in Korea and New York. Her expertise in international dispute resolution has been recognized by the variety of roles she holds and held in various institutions, including but not limited to a Commissioner of the Korea Trade Commission, a Vice-Chair of the Arbitration Committee of the International Bar Association, a Co-Chair of the Dispute Resolution and Arbitration Committee of the Inter-Pacific Bar Association, and an Alternate member of the ICC Court. She is regularly selected as a leading lawyer by publications such as Chambers Global, Who’s Who Legal, Legal 500, and Asialaw.

She has co-authored various publications on several aspects of Korean law, including commercial litigation, arbitration, investment arbitration, construction, and privilege. She also speaks regularly in conferences organized by the International Bar Association, Inter Pacific Bar Association, and various arbitral institutions across the world. Besides being regularly selected as leading lawyer, she was also awarded Commended Counsel by ASIAN-MENA COUNSEL in 2016 and Woman Lawyer of the Year, by ALB Korea Law Awards in 2018.

Ms. Kim received an LL.M. from Duke University Law School in 2007, and her LL.B. from Seoul National University College of Law in 1991. She speaks and practices in both Korean and English.

Speakers

Gao Xiaoli
Judge
, The Supreme People's Court of P. R. China
Beijing

Mrs. Gao Xiaoli is the Deputy Chief judge of Sixth Circuit Court of the Supreme People’s Court of the People’s Republic of China. She is also the judge of the Intentional Commercial Court of SPC and in charge of the Second International Commercial Court of SPC.

Judge Gao has been serving as a judge in SPC for over 20 years and has participated in the adjudication of over 1000 cases. She also exerts great influence as the main drafter of 11 Judicial Interpretive Directives, another important aspect of the judicial work of SPC.

She got her Ph.D. in law from Law School of University of International Business and Economics, Master in Law from Law School of Beijing University, LL.M. in Law School of Montreal University of Canada, Bachelor in Law from China University of Political Science and Law. She was a visiting scholar in Max-Planck Institute for Comparative and International Private Law in Germany in autumn of 2012.

Heehwan Kwon
Director
, Korean Commercial Arbitration Board(KCAB) INTNERNATIONAL (KCAB INTERNATIONAL)
Seoul

Mr. Heehwan Kwon is the Director at KCAB INTERNATIONAL in charge of the international promotion and cooperation projects together with supervising daily case management within KCAB. He has been with KCAB since 2002, working in various divisions within the organization including the department of planning and management. He also has extensive experience as an arbitration case administrator over hundreds cases.  He was instrumental in the revision process of the 2016 KCAB International Arbitration Rules and has overseen the planning of the KCAB roadshows outside of Korea. He is currently working as vice president of APRAG(Asia Pacific Regional Arbitration Group).

Chen Fuyong
Deputy Secretary-General
, Beijing Arbitration Commisison/Beijing International Arbitration Center
Beijing

Dr. Chen Fuyong is the Deputy Secretary-General of the Beijing Arbitration Commission/Beijing International Arbitration Center and the Vice-President of Asia Pacific Regional Arbitration Group (APRAG). He is a qualified PRC lawyer with a LLB from China University of Political Science and Law, a LLM from Peking University and a PhD from Tsinghua University. Dr. Chen was a visiting researcher (2007-08) at the Law School of UC-Berkeley and is a Research Fellow of the Center for the Study of Dispute Resolution at Renmin University of China.

Dr. Chen is the General Editor of Beijing Arbitration Quarterly and has published over ten journal articles on commercial dispute resolution. He is the co-author of Chinese Arbitration Law(LexisNexis 2015)and China Arbitration Handbook (Sweet & Maxwell 2011). Dr. Chen is also the Chinese co-translator of Gary Born’s International Arbitration: Law and Practice and Christopher R. Drahozal and Richard W. Naimark’s Towards a Science of International Arbitration: Collected Empirical Research.

Dr. Chen has extensive experience in handling various commercial disputes through arbitration and mediation and is a regular speaker at international conferences and seminars.

Alexander Fessas
Secretary-General
, ICC International Court of Arbitration
Paris

Alexander G. Fessas is the Secretary General of the ICC International Court of Arbitration, where he is responsible for the operational management and coordination of the ICC Court’s Secretariat and other dispute resolution services in Paris, Hong Kong, New York, Sao Paolo, Singapore and Abu Dhabi Global Market.

He joined the Secretariat in late 2011 and held consecutive positions in three case management teams, of which two as counsel. Prior to his appointment as Secretary General, he was the Secretariat’s Managing Counsel over a three-year term. He read law at the University of Athens, Greece having specialized in international commercial transactions and conflict of laws. Prior to joining the ICC Court, he practised as counsel out of Athens where he established a sole practice in 2008. He was previously an associate at an Athens-based law firm. He is admitted to the Athens Bar and speaks English, French and Greek.