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4th LCOUNCIL & SHIAC Moot Summit Successfully Held
 

On October 20, 2017, the 4th LCOUNCIL & SHIAC Moot Summit which was hosted by China Legal Executive Council (“LCouncil”) and supported by Shanghai International Arbitration Center (“SHIAC”) was successfully held at the Longemont Shanghai. Over 130 counsels and lawyers from well-known enterprises and financial institutes attended the summit. As the president of the summit, Mr. Ma Yi, Vice Chairman & Secretary General of SHIAC, delivered the opening speech.

The first session of the summit was the moot show. The tribunal was consisted of Mr. Qin Yueming, senior arbitrator of SHIAC and partner of Llinks Law Offices, Mr. Qiu Yichuan, chief inspector of Shanghai Shendi Group Co. Ltd., and Ms. Wang Weijun, Deputy Secretary General of SHIAC. Mr. Zhou Jingmin and Mr. Tao Li from Beijing Guofeng Law Firm (Shanghai) acted as agents for the Claimant, Mr. Jin Liyu and Mr. Xu Lingjun from Haiwen Partners (Shanghai) acted as agents for the Respondent. The Moot case was about share transfer, which focused on the new type of financing mode and share transfer arrangements in commercial activities. The moot also showed some frequently seen problems in dispute resolution for the audience. The China (Shanghai) Pilot Free Trade Zone Arbitration Rules of SHIAC (which took effect on Jan 1, 2015) was applied in the case. During the hearing, agents from both sides argued over issues such as force of agreement, legal nature of excess earnings, conflicts between guarantee agreement and articles of association and so on. The tribunal led the hearing with rich experience, and dealt with issues such as consolidations of arbitrations and objection on jurisdiction, which manifested the advantage of arbitration such as procedure flexibility, high professionality and so on.

After the moot session, the summit was divided into three discussion sessions. The topic of the first session was How to perfect the legal documents with dispute resolution experience. Mr. Zhou Jingmin from Beijing Guofeng Law Firm (Shanghai), Mr. Shen Li, SHIAC arbitrator and CLO of Noah Holdings, Mr. Jin Jianzhong, SHIAC arbitrator and general manager of Legal & Compliance Department of Bank of Communications Financial Leasing Co., Ltd., and Ms. Chen Qian, legal director of Heraeus (China) share opinions and discussed on arbitration clause drafting, advantages and differences between arbitration and litigation.

The topic of the second session was Effective administration of arbitration case by companies’ Legal Department. Mr. Jin Liyu and Mr. He Fan from Haiwen Partners, Dr. Xie Limin from Continental AG, Ms. Li Min from Gangtai Holdings all shared their own experience and make suggestions for legal counsels.

The topic of the third session was Skills and Strategies of arbitration for legal counsels. Mr. Yao Hongmin, head of Commercial Arbitration Research Center of SHIAC, Mr. Niu Lei from Zhonglun Law Firm, Mr. Zhang Zaizhen from SHRB, and Ms. Zhu Jing from Spreadtrum (Shanghai) discussed over topic such as choice of arbitration institution, judicial expertise and so on.

After the three discussion sessions, attendees of the summit raised various questions including difference between arbitration and litigation, advantages of arbitration, enforcement of arbitral award to the speakers.

As the vice presidents of the summit, Mr. Jin Liyu, SHIAC arbitrator and Partner of Haiwen (Shanghai), Mr. Shen Li, SHIAC arbitrator and CLO of Noah Holdings, delivered speeches respectively at the beginning and ending of afternoon sessions.

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