＂Online Seminar for International Commercial Contract Performance＂ Held in Beijing
Release time：2020-06-04 16:25
On the morning of April 8th, the spring breeze warmed up, and there was also warm applause from the conference room of Beijing DHH Law Firm, located on the 12th floor of the Yintai Center, especially after the strict prevention and control due to the epidemic. On the screen, Professor Sibao Shen, the chief academic advisor of DHH, was delivering an enthusiastic speech, reminding Chinese companies to pay attention to the dilemma and dispute resolution of international commercial contract performance. A seminar on "Implementation of International Commercial Contracts" co-sponsored by Beijing DHH Law Firm and the editorial board of "International Commercial Contract Disputes Legal Issues 100 "A Question" (hereinafter referred to as "100 Questions of International Commercial Contracts") was being launched online.
The true meaning of law is in practice, and the true essence of research is innovation. Sibao Shen, the chief academic advisor of DHH, said at the seminar "Now the epidemic is global, causing the break of the capital chain and the industry chain of the various companies and finally large-scale unemployment and a large number of unresolved business contracts. So in this situation, we want to solve the problem according to the original standards by traditional litigation and arbitration mediation. If we completely use traditional methods, traditional standards, compensation standards, traditional force majeure concept, compensation methods, etc., can we solve these problems? New ways to solve problems and new standards to satisfy special social needs. If we did not solve it in this way, the next global economic disaster and social shock would be much more impressive. "
The seminar was chaired by Dr. Kejiang Liu，the director of Beijing DHH Law Firm, Sibao Shen, the professor at the University of International Business and Economics, and Yu Jianlong，the chief academic advisor of DHH, the secretary of the China International Chamber of Commerce and the deputy director of the China International Trade Commission, and Liu Xiaochun, the Shenzhen International Arbitration Dean, and Lixia Zhang, the Director of Huamao Silicon Valley Law Firm, the Director of All China Lawyers Association Arbitration and Mediation Professional Committee, and Jian Chen, China Arbitration Law Research Association Full-time Deputy Secretary-General, and Qi Jiang, managing partner of DHH etc. discussed and spoke at the meeting. The "Force Majeure" issue in the book "100 Questions of International Commercial Contracts" catalogued by country and industry is of great significance to the settlement of international commercial contract performance disputes.
Witnessed by the guests, the "New Book Press Conference" was held before the seminar. Qi Jiang, Kejiang Liu, the director of Beijing DHH Law Firm, and Shan Luan, the executive vice president of DHH jointly unveiled the mystery of the book "100 Questions on Commercial Contracts".
After the publication of the new book, the online seminar for "Implementation of International Commercial Contracts" officially began. Expert lawyers discussed three parts of contents in the seminar, include general law and practice, legal practice in different countries and regions, and domestic and foreign trade contracts in the different fields.
The first section was lectured by Dr. Jian Shen, the associate professor of the Faculty of Law, Central University of Finance and Economics, and the director of the International Law Teaching and Research Section, and commented by Jianlong Yu, the secretary of the China Chamber of International Commerce and the deputy director of the China International Trade Commission. Yu pointed out: First, we need to use force majeure in fact; Second, mediation is the best solution; In addition, I want to suggest that even if the case is in arbitration or litigation, we’d better combine the litigation and mediation, the arbitration and mediation, which is beneficial to the recovery and development of international trade.
The second section focused on the theme of legal practice in different countries and regions. Four lawyers from DHH who participated in the writing of the "International Commercial Contract 100 Questions", Hua Liu (Tokyo Representative Office), Liang Mei (Washington DC Office), Guangxing Li (Korea Business Department) and Buqing Cai(Taiwan Business Department), combining with the legislative characteristics of Japan, the United States, South Korea, and Taiwan, analyzed the regulations and interpretations of the term "force majeure" in the above countries and regions, and based on the actual situation of the global COVID-19 epidemic, they concretely analyzed how the companies can handle international trade disputes and further systematically answered the question of how the companies can protect their legitimate right and interest overseas.
President Xiaochun Liu of Shenzhen International Arbitration Institute agreed with the speech made by the four lawyers and proposed online international arbitration as a new dispute resolution approach to adapt to the new situation, encouraging lawyers from various countries to learn from the advanced practices of Shenzhen International Arbitration Institute for the latest dispute resolution, study and application. Then president Xiaochun Liu said, first, many enterprises may have a misunderstanding that they can easily apply to the relevant chamber of commerce for the application of force majeure in order to be exempted from the responsibilities. Therefore, the comparison and reminder of the law of different countries in this book "100 Questions of International Commercial Contracts" are valuable. For example, in the case of Japan, there is a principal rule existed out of the scope of relevant provisions in Civil Law. Second, the research of the comparison of “force majeure” between countries could become an inspiration for lawyers and arbitrators especially to prepare for large number of international commercial contract disputes requested by arbitral tribunals in various institutions around the world include China in the future. President Liu proposed that the "100 Questions of International Commercial Contracts" should be provided to arbitration institutions as a quick reference for arbitrators to avoid making opposite judgment in similar situations with a vision to integrate everyone's consensus and to have a rational expectations on relevant cases by applying different laws for the parties and the agents.
In the third sector, combined with their own experience in the field of international trade contract performance in different industries, four senior lawyers, Qingkang Dai, Meiping Zhang, Jie Xu, and Yuan Yao, as representatives of the editorial board, focused on difficulties to perform the international trade contracts and analyzed the term of force majeure in the resource sales contract and the overseas tourism contract. After sharing with four lawyers, Dr. Jian Chen, the full-time deputy secretary of the China Arbitration Law Research Association, commented that the research related to the force majeure in the epidemic was not only a serious academic issue but also a practical matter. Enterprises and lawyers should try their best hand in hand to overcome difficulties and reduce the loss caused by the epidemic.
Lixia Zhang, the director of the Huamao Silicon Valley Law Firm and the All China Lawyers Association Arbitration and Mediation Professional Committee, concluded in the final part. In her speech, she was grateful to the hard work of the DHH and the "100 Questions" editorial committee and said that this seminar blazed the trail and controlled the stress for the international trade enterprises which are in trouble with both macro guidance and controlled details.
This online seminar has also received strong support from members of the China Corporate Legal Alliance and registrations from more than 100 companies. During the seminar, online Q & As proceeded successively, focusing on what is the best practice in food trade to claim the force majeure and how to determine the jurisdiction issue under this circumstance on the premise that international food trade is seriously affected by the epidemic, etc. The guests and the editorial board interacted frequently with the audience regarding the questions posted in the message zone in a warm atmosphere.
The true meaning of law is in practice, and the true essence of research is innovation. Sibao Shen, the chief academic advisor of DHH, said at the seminar "Now the epidemic is global, causing the break of the capital chain and the industry chain of the various companies and finally large-scale unemployment and a large number of unresolved business contracts. So in this situation, we want to solve the problem according to the original standards by traditional litigation and arbitration mediation. If we completely use traditional methods, traditional standards, compensation standards, traditional force majeure concept, compensation methods, etc., can we solve these problems? New ways to solve problems and new standards to satisfy special social needs. If we did not solve it in this way, the next global economic disaster and social shock would be much more impressive. "
The seminar was chaired by Dr. Kejiang Liu，the director of Beijing DHH Law Firm, Sibao Shen, the professor at the University of International Business and Economics, and Yu Jianlong，the chief academic advisor of DHH, the secretary of the China International Chamber of Commerce and the deputy director of the China International Trade Commission, and Liu Xiaochun, the Shenzhen International Arbitration Dean, and Lixia Zhang, the Director of Huamao Silicon Valley Law Firm, the Director of All China Lawyers Association Arbitration and Mediation Professional Committee, and Jian Chen, China Arbitration Law Research Association Full-time Deputy Secretary-General, and Qi Jiang, managing partner of DHH etc. discussed and spoke at the meeting. The "Force Majeure" issue in the book "100 Questions of International Commercial Contracts" catalogued by country and industry is of great significance to the settlement of international commercial contract performance disputes.
Witnessed by the guests, the "New Book Press Conference" was held before the seminar. Qi Jiang, Kejiang Liu, the director of Beijing DHH Law Firm, and Shan Luan, the executive vice president of DHH jointly unveiled the mystery of the book "100 Questions on Commercial Contracts".
After the publication of the new book, the online seminar for "Implementation of International Commercial Contracts" officially began. Expert lawyers discussed three parts of contents in the seminar, include general law and practice, legal practice in different countries and regions, and domestic and foreign trade contracts in the different fields.
The first section was lectured by Dr. Jian Shen, the associate professor of the Faculty of Law, Central University of Finance and Economics, and the director of the International Law Teaching and Research Section, and commented by Jianlong Yu, the secretary of the China Chamber of International Commerce and the deputy director of the China International Trade Commission. Yu pointed out: First, we need to use force majeure in fact; Second, mediation is the best solution; In addition, I want to suggest that even if the case is in arbitration or litigation, we’d better combine the litigation and mediation, the arbitration and mediation, which is beneficial to the recovery and development of international trade.
The second section focused on the theme of legal practice in different countries and regions. Four lawyers from DHH who participated in the writing of the "International Commercial Contract 100 Questions", Hua Liu (Tokyo Representative Office), Liang Mei (Washington DC Office), Guangxing Li (Korea Business Department) and Buqing Cai(Taiwan Business Department), combining with the legislative characteristics of Japan, the United States, South Korea, and Taiwan, analyzed the regulations and interpretations of the term "force majeure" in the above countries and regions, and based on the actual situation of the global COVID-19 epidemic, they concretely analyzed how the companies can handle international trade disputes and further systematically answered the question of how the companies can protect their legitimate right and interest overseas.
President Xiaochun Liu of Shenzhen International Arbitration Institute agreed with the speech made by the four lawyers and proposed online international arbitration as a new dispute resolution approach to adapt to the new situation, encouraging lawyers from various countries to learn from the advanced practices of Shenzhen International Arbitration Institute for the latest dispute resolution, study and application. Then president Xiaochun Liu said, first, many enterprises may have a misunderstanding that they can easily apply to the relevant chamber of commerce for the application of force majeure in order to be exempted from the responsibilities. Therefore, the comparison and reminder of the law of different countries in this book "100 Questions of International Commercial Contracts" are valuable. For example, in the case of Japan, there is a principal rule existed out of the scope of relevant provisions in Civil Law. Second, the research of the comparison of “force majeure” between countries could become an inspiration for lawyers and arbitrators especially to prepare for large number of international commercial contract disputes requested by arbitral tribunals in various institutions around the world include China in the future. President Liu proposed that the "100 Questions of International Commercial Contracts" should be provided to arbitration institutions as a quick reference for arbitrators to avoid making opposite judgment in similar situations with a vision to integrate everyone's consensus and to have a rational expectations on relevant cases by applying different laws for the parties and the agents.
In the third sector, combined with their own experience in the field of international trade contract performance in different industries, four senior lawyers, Qingkang Dai, Meiping Zhang, Jie Xu, and Yuan Yao, as representatives of the editorial board, focused on difficulties to perform the international trade contracts and analyzed the term of force majeure in the resource sales contract and the overseas tourism contract. After sharing with four lawyers, Dr. Jian Chen, the full-time deputy secretary of the China Arbitration Law Research Association, commented that the research related to the force majeure in the epidemic was not only a serious academic issue but also a practical matter. Enterprises and lawyers should try their best hand in hand to overcome difficulties and reduce the loss caused by the epidemic.
Lixia Zhang, the director of the Huamao Silicon Valley Law Firm and the All China Lawyers Association Arbitration and Mediation Professional Committee, concluded in the final part. In her speech, she was grateful to the hard work of the DHH and the "100 Questions" editorial committee and said that this seminar blazed the trail and controlled the stress for the international trade enterprises which are in trouble with both macro guidance and controlled details.
This online seminar has also received strong support from members of the China Corporate Legal Alliance and registrations from more than 100 companies. During the seminar, online Q & As proceeded successively, focusing on what is the best practice in food trade to claim the force majeure and how to determine the jurisdiction issue under this circumstance on the premise that international food trade is seriously affected by the epidemic, etc. The guests and the editorial board interacted frequently with the audience regarding the questions posted in the message zone in a warm atmosphere.