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International Infrastructure and Construction Disputes Arbitration Practice Meeting Successfully Held

 

       On 17th February, 2017International Infrastructure and Construction Disputes Arbitration Practice Meeting, hosted by Shanghai International Economic and Trade Arbitration Commission(Shanghai International Arbitration Center) and supported by Shanghai Bar Association Real Estate Business Research, was successfully held in SHIAC. It’s also the first activity of SHIAC’s Construction and Real Estate Research Committee in 2017 which appealed more than 40 lawyers and in-house counsels to attend.  

 

Mr. Huang Wen, Deputy Secretary-General of SHIAC expressed warm welcome to the three barristers from Des Voeux Chambers. Based on the arbitration practice of SHIAC, he analyzed the features of construction, difficulties of applicable law of international projects’ contract and put forward coping strategies. He also shed some lights on the characteristics and application of arbitration in international infrastructure.

 

Barrister Calvin Cheuk discussed the preparation before and after the initiation of arbitration under Hong Kong law by a simulated case. He pointed out the personnel of barrister, programming expert, defect expert, quantum expert and alike, the collection and arrangement of documents, and the case theory were the main issues which should be emphasized.

Barrister Kaiser Leunge’s speech was mainly concerned on interim measures. According to the provisions of Hong Kong Arbitration Ordinance and other laws, he summarized three approaches where can obtain the interims measures. Furthermore, he illustrated the categories, features and requirements of interim measures and made comparisons of interim measures ordered by arbitral tribunal and court.

Mr.Ian Pennicott SC, QC, introduced the preparation for the hearing, case study and cross examination of fact witness and expert witness. He analyzed the proceeding from Hong Kong law’s perspective and paid attention on the undertaker and allocation of costs as well as the types and validity of arbitral awards.

In the session of Q&A, attendees of the meeting raised some questions and exchanged opinions with the speakers. Nuo,Ji, convener of the SHIAC Construction and Real Estate Business Research Committee, arbitrator of SHIAC and the partner of Fangda Partners moderated the meeting. Mr. Ji gave the closing remarks which particularly mentioned the difference between mainland China and Hong Kong in laws, procedure rules and cost, the points where lawyers and in-house counsels shall focused more and prepared enough in knowledge and skills.

 

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