Asian Institute of International Financial Law (AIIFL), HKU

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The Evolution of Commercial Dispute Resolution Clauses in the International Commercial, Financial and Investment Contracts of China’s Enterprises – a Forward Look

East Asian International Economic Law and Policy (EAIEL) Programme | LL.M. in Arbitration and Dispute Resolution | Philip K.H. Wong Centre for Chinese Law

Date & Time Wednesday, 18 October 2023 5:15-6:15 pm (HKT)
Duration 1:00
Location Academic Conference Room, 11/F Cheng Yu Tung Tower, The University of Hong Kong

As China’s leading role in international trade and finance continues to mature, the settlement of disputes bilaterally and informally, or through formal mediation, while much to be welcomed, may not be sufficient to deal with the number of disputes that inevitably arise in trading and financial relationships. It is at that point that the dispute resolution provisions in the contractual documentation (including governing law) will govern how the dispute is to be decided. The purpose of the seminar is to identify the themes that will influence the evolution of these clauses. As well as the content of contractual provisions, the seminar will discuss the economic and other factors that may produce divergence from current dispute resolution models. The seminar will consider key factors influencing the selection of specific dispute resolution clauses in these international commercial contracts, considering the context of Chinese enterprises. Draft amendments to China’s Arbitration Law and changes such as legitimising ad hoc arbitration for foreign-related disputes and incorporating the notion of seat may affect CDR clauses. The seminar will discuss themes that will influence the future evolution of China’s commercial dispute resolution clauses – what will they look like in 10 years’ time? Will they diverge from current models in use internationally?

Opening Remarks

Professor Douglas Arner

Kerry Holdings Professor in Law, Faculty of Law, The University of Hong Kong

About the Speakers

William Blair

Professor of Financial Law and Ethics, Centre for Commercial Law Studies, Queen Mary University of London (United Kingdom); (AIIFL Fellowship: 18 October 2023)

Wesley Pang

Partner, Eversheds Sutherland

Professor Weixia Gu

Associate Professor, Faculty of Law

Moderator

Professor Shahla Ali

Professor, Faculty of Law