On September 24, 2024, King&Capital Law Firm, with the title support of China New Energy Overseas Development Alliance, cooperated with French law firm Kidd Law Firm and Spanish law firm Guber International Law Firm to create the “China Arbitration Week 2024: Energy and Infrastructure Dispute Settlement Roundtable” in the capital city. The “China Arbitration Week 2024 Special Event: Energy and Infrastructure Dispute Resolution Roundtable Seminar” bloomed in the capital.
Arbitration experts, energy giants and construction engineers from all over the world gathered together to discuss cutting-edge issues in the industry. This exchange and collision between the energy sector and the legal sector not only opens up new perspectives on resolving energy dispute resolution, but also lights up a new chapter in arbitration practice.
Conference Scene
High-end lineups, a great event
Mr. Tian Wenchang, Founding Partner and Honorary Director of King&Capital Law Firm
At the beginning of the conference, Mr. Tian Wenchang, Founding Partner and Honorary Director of King&Capital Law Firm, analyzed the unique advantages of arbitration over litigation - neutrality and independence. In the face of the current situation and challenges of arbitration development, Mr. Tian pointed out the double test of insufficient public awareness and capacity building of arbitrators, but at the same time looked forward to the prosperous future of arbitration with confidence, convinced that it will be in line with the international standards and become an indispensable part of the market economy.
Yin Tianshu, Deputy Director of CIETAC International Cases Division
Mr. Yin Tianshu, Deputy Director of International Cases Division of CIETAC, delivered an enthusiastic speech. Against the backdrop of the global economy under the epidemic, Yin Tianshu uniquely pointed out the upward trend of the legal service industry, especially the arbitration field, which highlights the unique charm of arbitration as an important means of international economic and trade dispute resolution. Yin Tianshu introduced the outstanding performance of TDC in handling foreign-related cases and disputes related to the “Belt and Road”, emphasized TDC's unremitting efforts in improving the quality of arbitrators and enhancing the international recognition of awards, and called on colleagues in the industry to join hands to enhance the credibility of arbitration and the overall level of legal services, so as to contribute to the construction of a fairer and more efficient international economic and trade order, The conference called on colleagues in the industry to work together to enhance the credibility of arbitration and the overall level of legal services, so as to contribute to building a fairer and more efficient international economic and trade order.
Mr. Zhang Shiguo, Secretary General of China New Energy Overseas Development Alliance
Mr. Zhang Shiguo, Secretary General of China New Energy Overseas Development Alliance (CNEDA), elaborated deeply on the strategic position of energy and infrastructure in global and domestic development and the key role of dispute resolution mechanism in promoting international cooperation. Zhang Shiguo called on the arbitration community not only to cultivate domestic but also to look at the world and actively integrate into the process of globalization and regionalization of energy infrastructure, and looked forward to the joint efforts of the legal community, arbitration community and the energy community in promoting the development of the dispute resolution mechanism.
Forward-looking topics, in-depth analysis
The subsequent keynote speeches were full of highlights, and well-known experts and scholars at home and abroad successively carried out in-depth exchanges on the cutting-edge topics of dispute resolution in the field of foreign-related energy and infrastructure.
Cui Jun, a leading expert in the field of arbitration and construction, and Chairman of Beijing Overseas Junhe Engineering Consulting Co.
Cui Jun, a leading expert in the field of arbitration and construction, and Chairman of Beijing Overseas Junhe Engineering Consulting Co., Ltd. took the lead in analyzing the new trend of dispute resolution in the field of new energy. He pointed out that the development of the new energy sector is driven by international multilateral and regional energy restructuring. China occupies a pivotal position in the global new energy market, but also faces complex disputes over photovoltaic panel decay rates, transportation and installation of wind power projects. Cui Jun's insight reveals to participants the unique challenges and opportunities of dispute resolution in the new energy sector.
Ana Stanič, Founder of E&A Lawyers and Arbitrator at the Permanent Court of Arbitration in The Hague, UK
Ana Stanič, Founder of E&A Lawyers, Arbitrator of the Permanent Court of Arbitration in The Hague (PCA), and Honorary Professor at the University of Dundee (UK), China University of Trade and Industry (CUTI) and Technische Universität Berlin (Germany), gave a passionate speech on “Disputes on Energy Transition: Recent Cases and Future Trends”. She emphasized the central role of governments in the energy transition and pointed out the importance of regulatory frameworks and legal certainty, providing legal insights into energy transition investments.
Mr. Zhang Libin, Partner-in-Charge of Foreign Affairs Department, King&Capital Law Firm
Mr. Zhang Libin, Managing Partner of Foreign Affairs Department of King&Capital Law Firm, demonstrated the unique value of expert adjudication, which is originated from the field of construction engineering and widely used in the settlement of technology-related disputes, and introduced the concept, origin, scope of application and procedural mechanism of expert adjudication, as well as shared the latest results of the Model Provisions of Expert Adjudication of Working Group II of UNCITRAL. He also shared the latest results of UNCITRAL Working Group II on Model Provisions for Expert Determination, which demonstrated the flexibility and innovation of the arbitration mechanism.
On the topic of “Interim Measures in Arbitration”, Mr. Ma Zhao, a lawyer of King&Capital Law Firm, and Mr. Rupert Reece, a partner of France Kidder Law Firm, presented a wisdom collision between domestic arbitration and international arbitration from the current situation and outlook of China's interim measures in arbitration, and practice of interim measures in LCIA/ICC arbitration, respectively. The participants were presented with a collision of wisdom between domestic and international arbitration.
Mr. Ma Zhao, Attorney-at-Law, King&Capital Law Firm
Mr. Ma Zhao pointed out that although there is still a gap in the current domestic arbitration law, the Arbitration Law (Revised Exposure Draft) has dawned, laying a legal cornerstone for the implementation of interim measures in arbitration. Mr. Ma not only analyzed the key measures such as property preservation, evidence preservation and behavioral preservation, but also compared the legal differences between the Mainland and Hong Kong in the implementation of interim measures, which provided a valuable practical guide for the industry.
Rupert Reece, Partner, Kidder Law Firm, France (online participation)
Mr. Reece firstly introduced the importance of the choice of place of arbitration, and then elaborated on the concepts and operational procedures of global freezing orders and injunctions, in particular how the London courts can provide the parties with the protection of interim measures and prevent parallel litigation in accordance with Section 44 of the Arbitration Act 1996 and the arbitration rules of the LCIA and the ICC, so as to ensure that arbitration proceedings are conducted smoothly.
Wang Chunjun, Senior Partner, King&Capital Law Firm
Subsequently, Mr. Wang Chunjun, Deputy Director of the Construction Engineering Committee of Beijing Lawyers Association and Senior Partner of King&Capital Law Firm, gave a professional analysis on “Legal Remedies for Construction Quality Problems and Delay Liability in New Energy Projects”. Focusing on the problems of construction quality and delay in new energy projects, he made a more detailed analysis based on Wang Chunjun's original “Seven Steps to Analyze Construction Disputes” analysis strategy, which provides a clear path for the resolution of complex EPC contract disputes.
Juan Saez, Partner, Accuracy Consulting Dubai Office
Juan Saez, a partner in Accuracy's Dubai office, continues his discussion on schedule delays in new energy arbitration cases. As a seasoned expert in the field of international engineering, Mr. Juan Saez provided a detailed analysis of the particular challenges faced by new energy projects, especially offshore wind and solar power projects, in terms of extension claims. For offshore wind, he emphasized the complexity of weather window assessment; while solar projects face the dual dilemma of scarcity of specialized companies and delays in imported equipment. In addition, he outlined a list of key documents required for delay analysis, and advocated the use of modern technology to optimize data analysis and evidence collection, and to optimize the dispute resolution process through technological means, all of which demonstrate the complexity of extension claims.
Omar Puertas-Alvarez, Guber & Partners, Spain (online participation)
Mr. Omar Puertas-Alvarez from Gubel & Partner, Spain, further expanded the boundaries of the discussion by discussing the topic “Artificial Intelligence in Mining and Energy Arbitration: Current Impacts and Future Trends”, delving deeper into the current status and future of Artificial Intelligence in the field of arbitration, demonstrating the role of AI in data processing, predictive analytics and other aspects. It not only demonstrated the great potential of AI in data processing and predictive analytics, but also frankly discussed the challenges in the application and urged the industry to move forward cautiously.
Mr. Zhao Wenyan, Senior Partner of King&Capital Law Firm
Mr. Zhao Wenyan, Senior Partner of King&Capital Law Firm, gave an in-depth lecture on the enforcement of arbitral awards in new energy cases within and outside of China, based on his profound background in judicial and arbitration practice. Mr. Zhao Wenyan firstly elaborated on the general situation of enforcement of foreign arbitral awards in China, and highlighted the central position of the New York Convention in the process of recognition and enforcement of such awards. He then elaborated on the key issues in the enforcement procedure of arbitral awards and shared the unique insights and research results of the Beijing court system in arbitration enforcement cases, relying on his deep accumulation of personal experience in practice. In particular, Zhao Wenyan pointed out that with the surge in the number of arbitration cases in Beijing and Shenzhen, the corresponding enforcement work is facing increasing pressure. In the field of judicial review of arbitration, he analyzed the relevant hot issues in close connection with the latest data released by the Supreme People's Court this month. Zhao Wenyan emphasized that the current data reflects that it is relatively difficult to apply for the setting aside of arbitral awards, which to a certain extent reflects the domestic judicial system's support and respect for arbitral awards, and provides us with new perspectives for understanding the relationship between arbitration and justice.
Mr. Wei Longyan, Secretary General of Shanghai Construction Engineering Arbitration Court of Shanghai Arbitration Commission.
Mr. Wei Longyan, Secretary General of the Shanghai Construction Engineering Arbitration Court of the Shanghai Arbitration Commission, and Mr. Xu Sosheng, Director of the Cooperation and Development Department of the Shanghai International Arbitration Center (SIAC), provided an in-depth analysis of the current situation of dispute resolution in the field of international engineering and energy investment from the perspective of arbitration institutions.
Through detailed data and case analysis, Wei Longyan revealed the common triggers of international engineering and energy investment disputes, such as schedule delays, quality defects and contract management, and emphasized the impact of geopolitical and cash flow issues on the growth of the number of disputes. She emphasized the key role of international arbitration in “Belt and Road” projects and pointed out the impact of information errors, especially the accuracy of geological survey data in offshore wind projects, on dispute resolution. On the selection of arbitrators, she mentioned factors such as professional knowledge, industry understanding, sufficient time to handle the case and arbitration experience, and pointed out that the proportion of female arbitrators in international arbitration is still relatively low. In addition, Wei Longyan introduced innovations such as the Guidelines for Adjudication of Construction Contract Disputes issued by the Shanghai Construction Engineering Arbitration Institute (SCEAI), demonstrating the professional strength of SCEAI.
Xu Sosheng, Director of Cooperation and Development Department, Shanghai International Arbitration Center (SIAC)
Focusing on the arbitration practice and observation of new energy disputes, Xu Sosheng shared the rich practice of SIAC in the field of energy arbitration. Through a specific case of energy management contract, Xu Sosheng illustrated the multiple challenges in contract fulfillment. In particular, she emphasized how changes in government policy can act as an external variable with a complex impact on contract performance, and discussed in depth how arbitral tribunals can flexibly respond to this uncertainty while respecting the principle of contractual autonomy. In addition, she provided insights into new disputes that may arise from business models, government subsidy policies and M&A investment activities in the new energy industry.
Young Talents, Collision of Ideas
The subsequent roundtable discussion session demonstrated the firm pace of young lawyers in exploring the unknown and scaling the heights. King&Capital lawyers Feng Teng, Wang Ningxin, Song Jianing, Ji Ping, and Yan Yufei, paralegal, gathered together to share their valuable growth experiences and deep insights in arbitration practice in the field of energy and engineering.
Roundtable Discussants
(From left to right: Ms. Wang Ningxin, Ms. Song Jianing, Mr. Feng Teng, Mr. Yan Yufei and Ms. Ji Ping)
Ms. Ji Ping emphasized tenacity, passion and self-transcendence, encouraging young lawyers to grow under pressure, pay attention to the macro background and development of the industry, and “have a job in hand and a fire in heart”. She likened the professional growth of lawyers to the construction of a pyramid, which is widely absorbed at the initial stage and then carefully cultivated to get better and better. At the same time, she emphasized the importance of image and ability, external image is a visual display of professionalism; internal mentality, embrace the error, as a stepping stone to growth, reflection and enhancement in the casting of perseverance and professionalism.
Yan Yufei shared her growth and harvest from trainee lawyer to practicing lawyer. She emphasized that only by familiarizing herself with every detail of the case materials and looking at the case with a forward-looking mindset, she could flexibly respond to the questions in the arbitration tribunal and take the initiative; at the same time, it is necessary to strike a balance between “long-termism” and “professionalism” in career development. Although young lawyers are still in the early stage of the marathon of career development, they should establish the concept of “long-termism”, not limited to the current achievements or challenges, and constantly broaden their horizons; “professionalism” should be explored in depth from the micro-case and macro-perception of the field of law and the industry they serve. Professionalism” requires in-depth exploration of the field of law and the industry we serve, both in terms of micro-cases and macro-perception, to ensure that the services we provide are always at the forefront of the industry.
Mr. Feng Teng, focusing on the field of dispute resolution, refined three major thinking maps for young lawyers: elemental thinking, defense thinking and proof thinking. At the same time, he also emphasized the importance of going deeper into the industry and focusing on clients, encouraging young lawyers to become the solid backing of their clients.
Using the case of recognition and enforcement of foreign arbitral awards in China as a mirror, Ms. Song Jianing vividly explained the importance of young lawyers' growth in the real world. She used a vivid analogy to compare the growth of young lawyers to the process of a sapling's deep roots and leaves. She pointed out that the experience of each specific case continuously enriches and perfects the basic knowledge that young lawyers acquire from law school. In this process, young lawyers continue to build a systematic and comprehensive knowledge system and continue to expand its boundaries, so as to be able to comfortably deal with more complex and difficult case challenges.
Ms. Wang Ningxin shared her valuable experience in international arbitration cases of ICC and LCIA, which revealed the real battlefield outside the books for the guests. In particular, she pointed out that in the actual handling of cases, there are many problems that are difficult to be covered by theories, which requires foreign lawyers to have the ability to adapt flexibly and learn deeply. In addition, she also emphasized that a deep understanding of the industry served is an indispensable part of becoming a good international arbitration lawyer.
Monica Sun, a leading expert in global energy law and partner in Smithfield's Beijing office.
Finally, Monica Sun, a partner in Smithfield's Beijing office, gave a warm message to the young talents. She encouraged the young colleagues to cherish every accumulation in the early stage of their career, to explore and pursue the professional field they love, and to learn and grow in the continuous practice to realize self-transcendence.
Summarize the meeting and draw a blueprint together
The seminar came to a successful end with the free discussion session. Mr. Zhang Libin summarized the meeting by saying, “Energy is the lifeblood of a country's development. In the wave of globalization, international cooperation in the field of energy and infrastructure is getting closer and closer, and dispute resolution, as the cornerstone to ensure smooth cooperation, is becoming more and more prominent in its strategic value, providing a solid legal guarantee for Chinese enterprises to sail to the sea. The cross-border collision between the energy sector and the arbitration sector not only reflects the protection of the law for the sound development of the energy industry, but also highlights the unique value of the arbitration mechanism in resolving disputes efficiently and professionally in a complex economic environment.”
Group photo of distinguished speakers and keynote speakers
This event not only gathered industry wisdom, but also opened up a blue ocean for international cooperation and dispute resolution in the field of energy and infrastructure from a professional perspective. King&Capital Arbitration Center, with its industry accumulation and forward-looking vision in the field of international arbitration in energy and infrastructure, will continue to provide professional and efficient legal services for Chinese and foreign enterprises, and work together with the legal community, arbitration community and
