On the afternoon of September 23, 2024, the " China Forum of Financial & Investment Disputes 2024 China Arbitration Week Cross-border Dispute Special Session and the Fifth Annual Meeting" was successfully held in Beijing. The conference was conducted offline in English under the guidance of CIETAC, co-hosted by Zhonglun Law Offices and China Financial and Investment Dispute Resolution Forum, and supported by Kuo & Kuo Attorneys-At-Law (name from official website of Shangdefa Law Firm) and LexisNexis. The conference attracted well-known figures in the field of dispute resolution from various legal jurisdictions, as well as general counsel of large enterprises, representatives of arbitration institutions, and nearly 100 in-house counsel and lawyers.

（Event site photos）  

At the beginning of the conference, Gu Yan, vice president of CIETAC, and Li Chongwen, Executive Committee director and partner of Zhonglun Law Firm Beijing Office, delivered opening speeches. Vice president Gu Yan said that the event held by China Forum of Financial & Investment Disputes (CFFID) is not only one of the important offline activities of 2024 China Arbitration Week, but also a bridge for the integration of arbitration and financial investment law industry. Financial investment disputes are characterized by strong commercial nature, priority of efficiency and benefit, high degree of professionalism and strong policy. The Financial Arbitration Rules tailor-made for financial cases are more suitable for resolving financial disputes, with equal emphasis on arbitration and mediation, shorter time limit for making awards, and lower arbitration costs. Aiming at the complicated legal relationship and difficult trial of disputes over new types of financial transactions, CIETAC has recruited experts from the financial field into the team of arbitrators to conduct special discussions on key and difficult cases and submit them to the Expert Advisory Committee for consultation, so as to ensure that the cases are judged professionally and fairly.

（Gu Yan delivering opening remarks）

Lawyer Li Chongwen pointed out that with the in-depth implementation of the "Belt and Road" Initiative, Chinese enterprises' overseas investment continues to increase, but risks and opportunities coexist, and enterprises also face various disputes in the process of "going out". Zhonglun's dispute resolution team has rich practical experience in litigation and arbitration cases, especially in cross-border dispute resolution, occupying a leading position in the industry. As a non-profit organization, CFFID builds a platform for sharing and exchanging financial investment dispute resolution through a large amount of practical experience with both theoretical and practical values.

（Li Chongwen delivering opening remarks）

After the opening speech, Zheng Ruohua, arbitrator of CIETAC and co-chair of Asian Academy of International Law, delivered a keynote speech. Zheng Ruohua spoke highly of the event organized by CFFID, reviewed the history of the development of international investment arbitration, and shared from a practical perspective, including sensitivity to specific social and public interest factors, calculation of damages, and other issues that lawyers need to pay attention to when dealing with cross-border disputes.

(Zheng Ruohua delivering a keynote speech)

The first round table forum was chaired by Shi Jingxia, professor of Renmin University of China Law School. Five industry representatives had a heated discussion on the impact of international sanctions, third-party funding (FTP), ESG, etc., on international arbitration. Ma Yadong, director of the Legal Affairs Department of Zhenhua Petroleum Holdings Co., Ltd. discussed the dilemma of the sanctioned enterprises between contract fulfillment and compliance of sanctions control from the perspective of enterprises. In combination with his recent ICA arbitration cases, Huo Wei, partner of Zhonglun Law Firm and arbitrator, shared the importance of force majeure clauses agreed in contracts, the application of the "Frustration" defense, the judicial review ideas of domestic courts on third-party funding contracts, and the "arbitrability" of ESG disputes. Yang Daming, co-head of International Arbitration in Asia Pacific and partner of DLA Piper, the director of HKIAC, shared his analysis on high standard of proof of ‘Frustration’ and third-party funding from the perspective of arbitrators. Fei Ning, managing partner of Hui Zhong Law Firm and director of ICCA, analyzed the transparency of third-party funding procedures and the control of the impact of arbitration proceedings, and shared the latest trends of ICCA in regulating third-party funding and ESG arbitration. Andrew Rigden Green, partner of Rorschach & Associates, based on Hong Kong law, shared the latest examples of lawyers as third party funders and the impact of Greenwashing in ESG on international arbitration.

(From left to right, from top to bottom: Professor Shi Jingxia, Director Ma Yadong, Lawyer Huo Wei, Lawyer Yang Daming, Lawyer Fei Ning, Lawyer Andrew Green)

Wu Zhenhui, British Crown Counsel and arbitrator, delivered a keynote speech, sharing six winning strategies in cross-border disputes, including choosing the appropriate place for dispute resolution, applying for interim measures, liquidation procedures in equity transaction disputes, emergency arbitration and other special mechanisms, as well as how to effectively use expert evidence, judicial review of arbitration awards.

(a photo of Wu Zhenhui delivering the speech)

The second round table forum was chaired by Xu Wenli, president of the Hebei Arbitration Association, and the participants discussed "the way of 'avoiding the pit' of enterprises' going to sea 'and intelligent dispute resolution". Tian Yusu, senior case manager of CIETAC and juris doctor, shared her prospects for the construction and development of China's international commercial arbitration center from the perspective of arbitration institutions through in-depth analysis of the extraterritorial implementation of case awards handled by herself. Manuel Torres Salazar, partner of Garrigues, shared his experience representing Spanish companies applying for recognition and enforcement of arbitral awards in Latin America and China. Liu Zhao, general manager of the Legal and Compliance Department of ENN Energy Holdings Limited, discussed the impact of the revision of the Company Law and the Arbitration Law on cross-border disputes and enterprises' "going to sea" from the perspective of the company. Wang Hao, deputy director of the Research Department of Shenzhen Court of International Arbitration, combined with the perspective of senior judges and arbitration institutions, suggested the importance of selecting a suitable arbitration place for enterprises; Guo Houzhi, senior consultant of Taiwan Kuo & Kuo Attorneys-At-Law, as a representative of the lawyers in Taiwan, shared the key points on the venue of arbitration and the choice of applicable law.

(From left to right, from top to bottom: President Xu Wenli, Madame Tian Yusu, Lawyer Manuel Torres Salazar, General Manager Liu Zhao, Director Wang Hao, Lawyer Guo Houzhi)

Finally, Liu Danyang, vice president of China Chamber of Commerce of Metals, Minerals and Chemicals Importers and Exporters, and Huo Wei, secretary general of China Forum of Financial & Investment Disputes, delivered closing speeches respectively. Liu Danyang said that the China Chamber of Commerce of Metals, Minerals and Chemicals Importers and Exporters is an old friend of Zhonglun and CFFID, and the chamber looks forward to closer cooperation with domestic arbitration institutions and professional lawyers in the future. In the form of an annual report, Huo Wei introduced and briefly analyzed the establishment and development of CFFID and the topics of the conference, and affirmed a number of breakthroughs in this event.

（Photo of Liu Danyang delivering the closing speech）

（Photo of Secretary General Howie delivering his closing speech）

The conference fully introduced the new situation and development of international arbitration, and launched an in-depth discussion on the way of "avoiding the pit" of enterprises "going to sea" and intelligent dispute resolution. The on-site discussion was heated and rich in content, which was praised by the keynote speakers and participants.