On December 10, 2025, China International Economic and Trade Arbitration Commission (“CIETAC”) convened a dedicated expert symposium (hereinafter referred to as “the Symposium”) to conduct an in-depth discussion on the Draft for Comments of Interpretation (II) by the Supreme People’s Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Construction Contracts for Construction Projects (hereinafter referred to as “the Draft for Comments”). Wang Chengjie, Vice Chairman and Secretary General of CIETAC, attended and presided over the meeting.

(Conference Venue)

[From left to right and top to bottom: Cao Hongcheng, Assistant General Manager of the Legal & Risk Control Department, China Communications Construction Group; Cheng Hao, Former Judge, Shanxi Jincheng Intermediate People’s Court; Cui Jun, Chairman, Beijing Overseas Junhe Engineering Consulting Co., Ltd.; Gao Yinli, Senior Consultant, Beijing Cyan Law Firm; Guan Li, Supervisor of China Reform Securities / Former Judge, The First Civil Division of the Supreme People’s Court; Hu Jihua, Former Deputy Director and Inspector of the Civil Law Department of the Legislative Affairs Commission of the NPC Standing Committee; Li Qi, Arbitrator of CIETAC; Li Xiaoxue, General Counsel, Beijing Construction Engineering Group; Qin Yuxiu, Former General Counsel, China State Construction Engineering Corporation; Sun Wei, Partner, Zhong Lun Law Firm / Arbitrator of CIETAC; Tan Jinghui, Vice President of the Legislative Affairs Commission of China Construction Industry Association / Legal Advisor to the Ministry of Housing and Urban-Rural Development; Tan Zhongwen, Legal Counsel, AVIC Institute of Geotechnical Engineering Co., Ltd.; Tang Lei, Partner, AllBright Law Offices (Nanjing) / Former Deputy Chief Judge, Nanjing Intermediate People’s Court; Zhang Xiaoxia, Partner, Beijing Merits & Tree Law Firm / Former Associate Professor, Beijing University of Civil Engineering and Architecture; Zhao Hang, Senior Consultant, Commerce & Finance Law Firm; Zhou Liming, Senior Consultant, Beijing Jia Yuan Law Offices / Former Judge, Beilun District People’s Court of Ningbo.]

The Symposium brought together nearly twenty experts from people’s courts, enterprises, and law firms. Drawing on their professional expertise, they conducted in-depth discussions on the Draft for Comments. The deliberations covered its functional positioning, overall structure, and its anticipated impact on market activities, judicial practice, and arbitral decision-making. The discussions focused on practical hotspots such as the adjudication rules for fixed lump-sum contracts, the application of contract variations, the calculation of project payments after contract termination, and issues relating to project affiliation and qualification borrowing.The experts in attendance reached consensus  that the formulation of the Draft for Comments must align closely with the core objective of high-quality socio-economic development. It should fully respect market dynamics and commercial logic while ensuring consistency with relevant laws and existing judicial interpretations. In this regard, as the first international arbitration institution in China, CIETAC has long been dedicated to the construction dispute resolution field, amassing extensive experience. It consistently focuses on systematically learning patterns from practice, thoroughly analyzing the core issues of industry disputes, and consolidating practical wisdom into constructive professional insights. This ongoing effort provides professional, frontline practical support and intellectual contributions to legislative and interpretive work.

(Wang Chengjie, Secretary General of CIETAC, delivering a speech)

Wang Chengjie, Vice Chairman and Secretary General of CIETAC, delivered concluding remarks. He expressed his gratitude to the experts for providing comprehensive, professional, and insightful suggestions for revising the Draft for Comments, which were grounded in both theory and practice.He pointed out that this Draft for Comments carries extensive and profound implications for the application of law in the field of construction project. CIETAC attaches great importance to the study of this document, hence the convening of this dedicated expert symposium to solicit broad-based feedback.He stressed that the construction project field is inherently complex. Its development is not only crucial to the functioning of the domestic construction market but is also closely linked to national policies such as the Belt and Road Initiative. Having administered over 3,000 related cases to date, CIETAC recognizes that construction projects along the Belt and Road routes rely on the work of countless professionals in the industry. Therefore, he concluded that both legislation and amendments in the field must be approached with a long-term and forward-looking perspective.

He particularly noted that striking a balance between policy objectives and legal rules is crucial  in safeguarding Chinese enterprises’ going global. In this process, the arbitration system bears the significant responsibility of resolving disputes and upholding transactional order. Judicial interpretations, therefore, shall better reflect the inherent value of the arbitration system and empower arbitration’s positive role within the alternative dispute resolution system.He stated that CIETAC will continue to rely on its extensive, long-term practice in case management to closely follow and study the Draft for Comments. It remains committed to contributing its expertise and resources to the refinement of legal interpretations and the advancement of the national rule of law.

Xie Changqing, Vice President of the Arbitration Court of CIETAC, along with directors of departments across CIETAC, participated in the Symposium.