The 7th South China Business & Law Forum Explores Belt and Road and Investment Arbitration

On June 29, 2017, the 7th South China Business & Law Forum, themed "Belt and Road: Chinese Enterprises and Investment Arbitration", was held in Shenzhen amid the commemoration of the 20th anniversary of Hong Kong SAR's return to the motherland.

Co-hosted by the Shenzhen Court of International Arbitration (also known as the South China International Economic and Trade Arbitration Commission, hereinafter referred to as the "SCIA"), and the Authority of Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone of Shenzhen, the opening ceremony of the event was chaired by Chen Biao, Vice-Mayor of Shenzhen Municipal People's Government.

Representatives from various international organizations including the World Trade Organization (WTO), the International Center for Settlement of Investment Disputes (ICSID), the United Nations Commission on International Trade Law (UNCITRAL), and the International Chamber of Commerce International Court of Arbitration attended the forum. They focused on the latest developments in international investment arbitration and collaborated with the SCIA to promote the Shenzhen Rules for international investment arbitration.

Representatives from the Supreme People's Court (SPC), the Ministry of Commerce, the State-owned Assets Supervision and Administration Commission of the State Council (SASAC), the Hong Kong and Macao Affairs Office of the State Council, the Department of Justice of the Hong Kong SAR Government, as well as executives of well-known enterprises, government officials, scholars, arbitrators, judges and lawyers from China, France, Portugal, Italy, the Netherlands, the United States, Canada, the United Kingdom, Switzerland and other countries and regions, totaling over 200 people, participated in the discussions.

Against the backdrop of the Belt and Road Initiative and the building of the Guangdong-Hong Kong-Macao Greater Bay Area, an increasing number of foreign investments have flowed into China, especially the Greater Bay Area. Simultaneously, Chinese outbound investments have also seen rapid growth. Chinese enterprises involved in outbound investments and the Chinese government's efforts in attracting foreign investment face an increasing number of international commercial disputes and have gradually become parties to investor-state arbitration disputes. 

Shenzhen-based enterprises have already taken the lead in suing foreign governments at the ICSID, attracting attention from the international arbitration community. However, the majority of enterprises are still not familiar with the rules of international investment arbitration, and the protection of legitimate rights and interests is not in place.

 With the encouragement and support of relevant state departments, and after in-depth research on domestic and foreign enterprises, the SCIA pioneered the introduction of arbitration rules at the end of 2016 that can handle investor-state arbitration cases  in China. It was acclaimed by the Global Arbitration Review as one of the most eye-catching rule innovations in China's Shenzhen Special Economic Zone.

 The aim of this forum was to collectively explore and promote the Shenzhen Rules for international investment arbitration, transforming the new rules into new tools for Chinese enterprises "going global" to protect their legitimate rights and interests, and to promote the internationalization of Shenzhen from "exporting products" to "exporting rules".

 Established in 1983, the Shenzhen Court of International Arbitration, as the first arbitration institution in the Guangdong-Hong Kong-Macao region, with over one-third of its council members and arbitrators from the Hong Kong SAR and overseas, has played an important role in promoting economic integration between the two regions and the prosperity and stability of the Hong Kong SAR.

The closing ceremony of the forum was chaired by Dr. Liu Xiaochun, President of the SCIA. The chairman and vice-chairmen of the 7th South China Business & Law Forum appeared together. In conjunction with the Belt and Road Initiative and the Greater Bay Area strategies, the Guangzhou Maritime Court and the SCIA signed a cooperation agreement, formally establishing a "litigation and arbitration coordination" mechanism for maritime and commercial matters.

Prof. Shen Sibao, Chairman of the SCIA Council, Chairman of China International Economic and Trade Law Association, delivered the closing speech on behalf of the SCIA Council. Prof. Shen expressed gratitude to all supporting organizations and guests and pointed out that the SCIA will further intensify its efforts in internationalization construction, leverage its professional advantages, strengthen international cooperation, and play a greater role in the construction of the Belt and Road Initiative and the Greater Bay Area.

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Chen Biao, Vice-Mayor of Shenzhen Municipal People's Government presided over the opening ceremony.

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Zhang Yongjian, Member of the Trial Committee of the SPC, President of Civil Adjudication Tribunal No. 4 of the SPC and Vice-President of the 1st Circuit Court of the SPC, delivered a speech.

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Yi Xuedong, Deputy Director of the Policy and Regulation Bureau of the SASAC, delivered a speech.

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Wesley Wong, SC, Solicitor General of the Legal Policy Division of the Department of Justice of the Hong Kong SAR Government, delivered a speech.

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Yang Zhihua, Chairman of the Supervisory Board of the Shenzhen Stock Exchange, delivered a speech.

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Anthony Neoh, SC, Vice Chairman of the SCIA Council, Former Chairman of the Hong Kong Securities and Futures Commission, and Former Chief Advisor to the China Securities Regulatory Commission, delivered a speech.

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Prof. Mark Feldman, Arbitrator at the SCIA and Professor at Peking University Law School, delivered a speech.

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Meg Kinnear, Secretary-General of ICSID, delivered a speech.

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Ma Yuchi, Director of the Legislative Affairs Department of the Ministry of Commerce of PRC, delivered a speech.

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Yao Jun, Chief Lawyer of China Ping An Insurance (Group) Co Ltd and Chairman of the South China Business & Law Forum, delivered a speech. 

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Matthew Hodgson, Partner at Allen & Overy, delivered a speech.

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Sun Huawei, Partner at Zhong Lun Law Firm, delivered a speech.

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Prof. Peter Malanczuk, Council Member of the SCIA and Professor of Law of the University of Hong Kong, delivered a speech.

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Bao Qian, Senior Advisor at Skadden, Arps, Slate, Meagher & Flom LLP and Former Secretary-General of the Hong Kong International Arbitration Center, delivered a speech.

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Zhang Lixing, Director of the Expert Committee of the SCIA Maritime Arbitration Center and SCIA Chief Technology Advisor, delivered a speech.

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Prof. Zhao Hong, Council Member of the SCIA and Former Chair of the World Trade Organization (WTO) Appellate Body (2016-2020), delivered a speech.

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João Ribeiro, Director of the UNCITRAL Asia-Pacific Regional Center, delivered a speech.

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Fan Mingchao, Director of ICC Arbitration & ADR for North Asia, delivered a speech.

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Mark Feldman, Professor at Peking University Law School and Arbitrator at the SCIA, Julien Chaisse, Professor at the Chinese University of Hong Kong and Arbitrator at the SCIA, and Fei Ning, Partner at Hui Zhong Law Firm and Arbitrator at the SCIA, served as commentators on the seminar topics.

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Dr. Liu Xiaochun, President of the SCIA, delivered a speech.

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The Chairman and the representatives of the Vice-Chairpersons of the South China Business & Law Forum posed for a group photo.

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The Guangzhou Maritime Court and the SCIA signed a cooperation agreement, formally establishing a "litigation and arbitration coordination" mechanism for maritime and commercial matters.

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Prof. Shen Sibao, Chairman of the SCIA Council, Chairman of China International Economic and Trade Law Association, delivered the closing speech on behalf of the SCIA Council.

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