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Overview
Under the current PRC arbitration regime only "foreign-related" civil and commercial disputes can be summitted to foreign arbitral institutions and be governed by a foreign law. This choice can be an important one for those doing business in Mainland China. However, the interpretation of "foreign-related" has never been static.
This webinar will clarify the latest criteria for determining foreign-related elements and explore the most recent developments in making such a determination under PRC law. It will introduce to the global audience to new policies and opinions issued by the PRC Supreme People's Court.
Through this webinar, the audience will gain a clearer insight into the evolving landscape of an increasingly open and inclusive PRC arbitration market.
Key points include:
- What does foreign-related mean in Mainland China and why does it matter to international businesses?
- How have recent developments affected the criteria that are applied to establish foreign-related elements?
- What choices do you have in terms of the governing law of contract and the law of the arbitration agreement?
- Parallel proceedings: international arbitration and PRC court decisions on the validity of the arbitration agreement
Language: English
Speakers
Dr. Ling Yang (Moderator)
Deputy Secretary-General and Chief Representative of the Shanghai Office at HKIAC
More Information
Helen Shi
Partner at Fangda Partners
Ms. Shi’s practice focuses on dispute resolution, including international commercial arbitration and litigation. Ms. Shi also serves as an ICC Court Member for China and Co-chair of the IBA Asia Pacific Arbitration Group.
Recognized by Chambers & Partners as “an icon of arbitration”, Ms. Shi has acted in more than 100 cases, representing many multinational companies and large domestic enterprises in a breadth of disputes, including equity acquisitions, oil and gas projects, hotel management, aircraft leasing and construction. Ms. Shi represents clients in litigation before Chinese courts and in arbitration before the ICC, the AAA, SIAC, HKIAC, CIETAC and ad hoc arbitrations under UNCITRAL rules.
Ms. Shi has also participated as an arbitrator in over 50 cases. Moreover, being an experienced legal practitioner, she has also provided Chinese legal opinions and testified as an expert in a number of China-related overseas court cases and arbitrations, including court proceedings in Hong Kong and Canada as well as arbitration conducted before HKIAC and an ad hoc tribunal in London.
Before joining Fangda Partners in 2005, Ms. Shi practiced with an international law firm for six years in Beijing and New York City, focusing on dispute resolution. Her previous experience also includes three years as legal counsel at CIETAC in Beijing. Ms. Shi is qualified in China and the State of New York.
May Tai
Managing Partner at Herbert Smith Freehills
May is Managing Partner of our Asia offices. She specialises in cross-border China-related and regional Asian disputes and contentious regulatory matters.
May's practice covers a range of commercial disputes and regulatory issues. She has advised governments, government-owned entities and commercial clients (including financial institutions and energy companies) in Asia, Europe and the United States, including acting as counsel and advocate in arbitrations under various rules and court proceedings.
Dr. Ling
Yang (Moderator)
Deputy Secretary-General and Chief Representative of the Shanghai Office at HKIAC
Dr Ling Yang is Deputy Secretary-General of HKIAC and Chief Representative of the Shanghai Office.
Prior to joining HKIAC, Ling was an Associate Professor at the East China University of Political Science and Law where she taught international arbitration for nine years. During 2017, Ling was a visiting scholar at Boston University School of Law. Ling has published widely on issues of international dispute resolution and arbitration in China, and currently serves as Executive Editor-in-Chief for the Shanghai International Arbitration Review. Ling has also been appointed as arbitrator. She obtained a PhD in 2009 and an LLM in International Law in 2006 from Wuhan University. In 2008, she was visiting scholar at the University of Aix-en-Provence Marseille III.