Cross Border Dispute Resolution in China

Might you elaborate on the important thing efforts and notable achievements you could have made on this area?

I began my authorized profession as a development dispute decision lawyer in China. Looking for to increase 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 additionally supplied helpful mentorship from pioneering professionals.

Over my 23-year profession as a cross-border dispute decision lawyer, I’ve represented purchasers 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 “Finest Growth of 2019”; I acted because the presiding dispute assessment skilled within the first case making use of the Development Undertaking Disputes Evaluation 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 way of which the Supreme Individuals’s Courtroom of China, for the primary time, confirmed that these violating Chinese language necessary legal guidelines don’t essentially violate China’s public coverage, and so on.

Past my authorized apply, my scholarly endeavors embody founding the “China Development Regulation Evaluation”, China’s first journal devoted to development 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 traits in essential areas. Extra particularly, I’ve delivered experiences on the ratification recommendation of the Singapore Mediation Conference, the formulation of China’s Business Mediation Regulation, and the revision of China’s Arbitration Regulation. Main an skilled working group, I performed a key position in drafting proposals for China’s Constructing and Development Business Safety of Fee and Adjudication Regulation.

Globally, I’ve fostered developments within the area of cross-border dispute decision by way 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 instances out of your profession as counsel?

All through my profession, I’ve been concerned in lots of complicated worldwide arbitration instances, two of which stand out as a result of 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. Performing because the contractor, my consumer entered right into a development contract with the federal government, because the employer of an infrastructure challenge. Disputes later arose out of the federal government’s repudiation of the contract. Given the intricate info, delicate nature, and substantial dispute worth, this case was notably difficult.

The federal government, taking part in twin roles because the employer of the challenge and the host state’s authorities, not solely breached the contract but additionally violated treaty obligations outlined in its bilateral funding treaty with China. In response, we pursued each funding arbitration and business 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 below difficult circumstances.

The second case concerned representing a Chinese language development 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 acquired 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 carefully associated ICC arbitrations. The seat of arbitration was London whereas hearings had been held in Doha. The complexity of the instances 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 instances, my workforce invested substantial time in comprehending the core technical dispute with the help of our purchasers and consultants. This enabled us to current compelling submissions and conduct efficient cross-examinations. As will 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 workforce’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 development dispute.

What widespread challenges do counsels sometimes face when representing purchasers in worldwide arbitration instances associated to development and infrastructure?

In worldwide arbitration instances associated to development and infrastructure, counsel typically face the problem of successfully coordinating a various workforce of execs engaged on a single case, together with monetary analysts, technical consultants, and authorized professionals from varied jurisdictions.

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

In instances the place consultants from opposing events want to debate technical or monetary issues, I typically prepare joint conferences. This proactive method serves to make clear points, slender down factors of competition, and probably pave the way in which for agreements on particular facets. Given the complexity of the method with a number of transferring 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 movement. Contemplating the intricate nature of development and actual property disputes, characterised by complicated factual eventualities, I favor the hot-tubbing method. This permits consultants to instantly have interaction, 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.

Wei SUNEquity Associate / BeijingTel +86-10-5957-2176Email sunwei@zhonglun.com

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

Industries: Actual Property, City Infrastructure, Vitality & Energy

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