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APIAC and Lex Magister Host Training Seminar on Dispute Resolution and International Arbitration

Release time：2023-11-24 17:34:06

On November 18–19, 2023, the Asia Pacific International Arbitration Chamber (APIAC), in collaboration with Lex Magister, conducted a training and exchange seminar on "Dispute Resolution and International Arbitration" at the Faculty of Law, University of Hong Kong.

This event featured prominent speakers including Professor Ma Zhanjun, Chairman of APIAC; Professor Zhao Yun, Vice Dean of HKU Faculty of Law; Professor Zhang Xianchu former Vice Dean of HKU Faculty of Law; former Vice Chair of the International Lawyers Association's Arbitration Committee Mr. Tao Jingzhou; Professor Chen Wanying; Barristers' Union Chairman Mr. Du Gankun; Barristers Mr. Wang Yongkai; Mr. He Luzan; and Mr. Luo Heng.

Professor Zhao Yun's analysis on the theme of "Multifaceted Dispute Resolution" discussed multi-faceted dispute resolution, covering negotiation, mediation, arbitration, litigation, and the enforcement of international arbitration. He is Henry Cheng Professor in International Law and Associate Dean at the Faculty of Law, University of Hong Kong, serving as a representative for the Hague Conference on Private International Law - Regional Office for Asia and the Pacific, a Council Member of the Chinese Law Society, an Executive Council Member of the Chinese Society of International Law, and serving as an arbitrator in multiple domestic and international arbitration institutions.

Hong Kong senior barristers Mr. Du Gankun and Mr. Wang Yongkai addressed questions regarding the differences in third-party payment regulations and enforcement in Mainland China and Hong Kong, as well as variations in case handling by courts in both regions. As a seasoned senior counsel at Tianbo Law Firm, Lawyer Du specializes in commercial litigation related to banking law, corporate law, and securities law. Mr. Du also serves as a designated judge of the High Court and currently holds the position of Chairman of the Bar Association. 

Barrister He Luzan of Hong Kong explored the theme of cross-border bankruptcy assistance between Hong Kong and Mainland China; his discourse delved into the intricate issues surrounding the winding-up of companies registered in various countries when undergoing liquidation in Hong Kong. The focal point of discussion revolved around the coordination and handling of matters by the Hong Kong and mainland Chinese courts during such cross-border insolvency proceedings, sparking active discussions among attendees.

Professor Zhang Xianchu delved into the current practice of lawyers and judges in Hong Kong, legal mechanisms between Hong Kong and Mainland China, discussed legal issues such as cross-border service of process, exercise of jurisdiction, parallel litigation, and unresolved legal issues such as cross-border service, jurisdiction exercise, and coordination among the legal systems of Hong Kong, Macau, and Mainland China. Former Director of the Hong Kong Legal Education Fund, Professor Zhang is a director of the China Judicial Research Association of the Supreme People's Court, a member of the Expert Committee on Foreign-related Adjudication of the China Law Society, and an arbitrator for several institutions. His primary research areas include company law, foreign investment law, financial market regulations, and cross-border legal issues.

Professor Tao Jingzhou discussed motivations for choosing arbitration, arbitration fee structures, the effectiveness of arbitration clauses, and the selection of arbitration locations, providing in-depth analysis on effective arbitration clauses. Professor Tao Jingzhou is an international independent arbitrator, lawyer at the Paris Court of Appeal, member of the Expert Committee of the International Commercial Arbitration Commission of the Supreme People's Court of China, member of the China International Economic and Trade Arbitration Commission, member of the Advisory Committee of the Hong Kong International Arbitration Center, and distinguished law professor at Tsinghua University Law School.

Professor Ma Zhanjun addressed the theme "Development Opportunities and Challenges of International Arbitration in the Asia-Pacific Region," emphasizing important issues in international arbitration practice and the selection of arbitration locations. He highlighted APIAC's role in offering more choices for Chinese enterprises and businessmen, with a focus on selecting Chinese arbitrators. Professor Ma Zhanjun, the inaugural President, Commissioner, and Director of the Asia-Pacific International Arbitration Court (APIAC), concurrently serves as the President of the Macau International Arbitration Association. Furthermore, he holds the position of doctoral supervisor at the University of Science and Technology in Macau and serves as the Editor-in-Chief of the journal "International Arbitration Research."

Barrister Luo Heng of Hong Kong compared the court systems of Mainland China and Hong Kong, covering aspects like witness testimony, foreign evidence, trial duration, absentee trials, compensation, and service of process, facilitating a comprehensive understanding of litigation and arbitration under the common law system. Presented in a lighthearted and witty linguistic style, Mr. Luo aimed to provide participants with a thorough understanding of the litigation and arbitration systems under the common law jurisdiction.

Finally, Professor Chen Wanying concluded with insights from her new book "The Century Question of the University of Hong Kong," narrating the university's history and its establishment and Century Question of the University of Hong Kong," narrating the university's history and its establishment and providing insights into the academic appointments held by scholars at the university."

The seminar ended successfully with active interactions and discussions on cross-border dispute resolution among participants and speakers, who also shared their collected items and upcoming books.



The training event concluded with a commitment by APIAC to continue remains steadfast in its commitment to advancing the development of the international commercial arbitration sector, striving to furnish participants with increased learning opportunities and professional support.

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