On the morning of Dec. 27, 2019, China International Economic and Trade Arbitration Commission (“CIETAC”), the Beijing Lawyers Association and the China University of Political Science and Law co-hosted the 88th “Training Course for Legal Practitioner Candidates – Practical Commercial Arbitration” and its moot arbitration at 9th floor, CCOIC Building. About 150 apprentice lawyers attended this event. 

The moot arbitral tribunal was formed by three arbitrators with rich practical experience. The tribunal was presided by Chen Fu, Partner of Commerce & Finance Law Offices, with Cheng Huiping, Senior Consultant of Beijing Chuting Law Firm and Yao Fang, Head of Legal Department of CPMC Holdings Limited as the arbitrators appointed by Claimant and Respondent respectively.

The arbitration moot was based on a carefully selected real CIETAC case of valuation adjustment mechanism dispute which was one of the types with the largest number of cases handled by CIETAC in recent years, and also the type of cases where the current hot spot legal issues are concentrated. The focuses of the case were the validity of the valuation adjustment agreement and whether the Claimant could claim for both gapping difference and the share repurchase. The arbitral tribunal firstly demonstrated to the audience the pre-hearing deliberation that is usually undisclosed to the parties, showing arbitrators’ clear understanding of trial proceeding, clue and trial focus before the hearing. After the hearing commenced, the attorneys for the parties made oral submissions on their claims and defenses, examination on evidence and debate on both factual and legal issues, under the guidance and organization of the tribunal.

After the hearing, the arbitral tribunal analyzed the focus of the dispute through deliberations, helping the apprentice lawyers to sort out their minds and understand the unique rules of arbitration.

At the end of the whole arbitration trial, three arbitrators made comments on the document submissions and oral presentations of both parties’ agents based on their performance. The arbitral tribunal gave a positive evaluation thereof, while pointing out the problems in the performance of the apprentice lawyers. Arbitrator Cheng Huiping reminded the participants to be familiar with the arbitration proceedings, and to lay a solid foundation, and suggest that they should use laws and evidence to convince the arbitrators with clear logic in the hearing. Based on “Haifu Case””Huagong Case” and the newly issued Minutes of the Ninth National Courts Meeting on Civil and Commercial Adjudication, Arbitrator Yao Fang reviewed the changes of the valuation adjustment cases in the judicial practice, advising the participants to enhance their familiarity with cases, and to ensure the the wording in legal writing clear and accurate, so that the arbitral tribunal can render the award based on better understanding of the parties. Presiding Arbitrator Chenfu encourage the apprentice lawyers to make sufficient pre-hearing preparations from both procedural and substantive perspectives, and made suggestions to lawyers on both sides to improve their thinking based on the facts of the case.

After the hearing, the specially invited commentator for the arbitration moot Jiang Lili, Secretary General and Vice President,of China Arbitration Institute of China University of Political Science and Law gave comments on the performance of apprentice lawyers from pedagogical perspective. She explained the different styles of the arbitral tribunal in practice to the apprentice lawyers and pointed out the deficiencies on both sides. She suggested that the thinking training in the hearing session be strengthened, and hoped that the apprentice lawyers could pay more attention to and participate in arbitration in their future careers. 

The apprentice lawyers gave great feedback to this event, indicating that by participating in this training event, they not only had a direct understanding and experience of commercial arbitration mechanism, but also had a deeper understanding of the role of lawyers in arbitration proceedings, which could make them help client to resolve commercial disputes through arbitration in their future careers.