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The 107th Session of the BNU Distinguished Jurist Lecture Series Titled "Cross-border Arbitration - Rules and Procedures" Was Successfully Held
Release time:2024-12-16     Views:


On May 10th, the 107th session of the BNU Distinguished Jurist Lecture Series titled "Cross-border Arbitration - Rules and Procedures" was successfully held in Conference Room 1922 of the Rear Main Building, Beijing Normal University at Haidian.



The lecture was delivered by Senior Counsel Xu Weiqiang, Barrister Shu Wenhao, and Barrister Li Guanlun. It was presided over by Professor Zhao Wenzong of Beijing Normal University. The event was co-moderated by Associate Professor Pei Yang from the Law School of Beijing Normal University. Joining the discussion were Professor Zhang Hong from the Law School of Beijing Normal University, as well as attorneys Zhao Youlin and Li Haochen, both alumni of the Beijing Normal University Law School.



Senior Counsel Xu Weiqiang was recognized as a barrister in Hong Kong in 1993, appointed as a senior counsel in 2016, appointed as a special judge of the Court of First Instance of the High Court in 2021, and passed the 2021 Guangdong-Hong Kong-Macao Greater Bay Area Bar Practice Examination and training. He is currently the Co-chairman of the Mainland Affairs Standing Committee of the Hong Kong Bar Association, the Chairman of the Administrative Appeals Board, the Vice Chairman of the Consumer Litigation Fund Management Committee, a member of the Academic Committee of the Law Professional Certificate Program at the University of Hong Kong and City University of Hong Kong, and a member of the Board of Directors of Shue Yan University in Hong Kong. Senior Counsel Xu's main practice scope is commercial and civil litigation, including disputes related to commercial contracts and company shareholders. He also represents clients in handling international arbitration cases in Chinese mainland, Hong Kong, London, and Singapore, and is often appointed as an arbitrator.



Senior Counsel Xu Weiqiang commenced his discourse with an exploration of the fundamental concept of arbitration. He delved deeply into the distinctive features of arbitration, including its confidentiality, efficiency, finality, and straightforward procedures, all centered around the pivotal question of "why arbitration is essential." Additionally, he provided a comprehensive breakdown of the key elements that should be incorporated into an arbitration clause, the process for initiating arbitration proceedings, the necessary documentation for filing a claim, and the fundamental principles governing cross-border arbitration, such as the selection of the arbitration tribunal.



Barrister Shu Wenhao presented an intricate overview of the procedural sequence, the jurisdiction of the arbitral tribunal, and the disclosure mechanisms within the context of cross-border arbitration. He elucidated, with the aid of case law, the distinction between the arbitration agreement and the principal contract, emphasizing that they constitute separate agreements with potentially distinct governing laws.



Barrister Li Guanlun focused on the preparation of witness testimony in arbitration, analyzing the differences in content and procedural preparation between factual witnesses and expert witnesses. He particularly introduced and analyzed the preparation of oral evidence for factual witnesses in court hearings.



In the course of the dialogue, Associate Professor Pei Yang extended his appreciation to the trio of legal experts for their enlightening presentations. He also highlighted the educational accomplishments and the current state of affairs at Beijing Normal University Law School in nurturing talent for international arbitration. Professor Pei voiced his aspiration to advance the teaching of international commercial arbitration by engaging in exchanges and collaborations with Hong Kong legal professionals after the COVID-19 pandemic.



In addition, Professor Zhao Wenzong had further exchanges with Senior Counsel Xu Weiqiang on the construction of the International Commercial Arbitration Center, exploring the cooperation space between Hong Kong lawyers and Chinese mainland lawyers in cross-border arbitration. Lawyer Zhao Youlin and Lawyer Li Haochen consulted the three counsels again on the issue of witnesses appearing in court to testify. Senior Counsel Xu Weiqiang emphasized the need to examine the credibility of witness testimony as a whole, helping witnesses prepare for testimony may increase the time cost of arbitration, and should also pay attention to avoiding acts that obstruct judicial fairness.



Hence, the lecture concluded successfully amidst an energetic and vibrant atmosphere.