Swiss-Chinese Dispute Resolution Forum
What the China-Switzerland Free Trade Agreement and Switzerland’s Arbitration Hub can offer to Chinese Companies
12 – 13 May 2015
Sofitel Shanghai Hyland Hotel 505 Nanjing Road East 200001 Shanghai
Schedule at a glance Day One: Public Seminar: 12 May 2015 Day Two: Workshops for Practitioners: 13 May 2015
Conference topic Commerce between China and Switzerland is at an all-time high and is only set to continue its increase, especially in light of the Free Trade Agreement that came into force last year. Switzerland represents a unique opportunity for outbound Chinese investment, not only as its own market but as a gateway to Europe. Its centrally located, stable and reliable economy is linked to the neighbouring European Union through a network of bilateral agreements. Moreover, the Swiss legal system and its long- standing traditions of neutrality and dispute resolution make it the ideal choice as a seat of arbitration for agreements between Chinese and European (or other) parties. The Swiss judicial environment is arbitration-friendly and efficient. Like China, Switzerland has a civil law tradition, making Swiss law particularly well-suited to contracts involving Chinese parties. Switzerland is also home to a number of established and internationally renown arbitration institutions, including the Swiss Chambers’ International Arbitration Institution, the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center, the World Trade Organization’s Dispute Resolution Panel, and the Court of Arbitration for Sport.
Workshop Objective and methodology On the occasion of the Swiss-Chinese Dispute Resolution Forum, Swiss arbitration experts will be available for a day to share practical know-how on key aspects of international arbitration proceedings. This will be done through the use of a mock case, using realistic fact patterns to illustrate how arbitration proceedings would be managed under the Swiss Rules of International Arbitration, and under the ICC (International Chamber of Commerce) Rules of Arbitration.
Public Seminar Programme for Day One
9:00 – WELCOME ADDRESS AND INTRODUCTION Bernhard F. Meyer 9:45 TO THE CONFERENCE TOPIC Vice President, ASA – Swiss Arbitration Association Alexander Hoffet Consul General of Switzerland Chinese Government Official [Name TBD] Jiangrong Yang Chairman, SHIAC 9:45 – THE FREE TRADE AGREEMENT: HOW IT PwC on behalf of 10:45 WORKS; SWITZERLAND AS THE GATEWAY Switzerland Global TO EUROPE FOR CHINESE BUSINESS Enterprise
[Names TBD]
Discussion (panel and floor)
10:45 – COFFEE BREAK 11:15
11:15 – SWITZERLAND: A GLOBAL DISPUTE Session Chair: 12:30 RESOLUTION FORUM, PART I Marc Veit, LALIVE, Geneva
The Swiss tradition of dispute resolution Heidi Tagliavini or Blaise Godet The Swiss Chambers’ International Arbitration Institution Philipp Habegger President, Arbitration Court Swiss Chambers’ International
Arbitration Institution The ICC International Court of Urs Weber-Stecher Arbitration President, Swiss Arbitration Discussion (panel and floor) Commission, ICC Switzerland
12.45 – NETWORKING LUNCH 14:00
13:30 – SWITZERLAND: A GLOBAL DISPUTE Session Chair: 14:15 RESOLUTION FORUM, PART II Cesare Jermini, Bär & Karrer, Lugano The World Intellectual Property
Organization (WIPO) Arbitration and Ignacio de Castro Mediation Center Deputy Director, WIPO Arbitration and Mediation Center
Jan-Michael Ahrens Head of Litigation Infrastructure and Cities Siemens AG
The Court of Arbitration for Sport (CAS) Liu Chi CAS Arbitrator Dacheng Law Offices, Beijing Discussion (panel and floor)
14:15 – SWISS LAW AND INTERNATIONAL BUSINESS Session Chair: 15:30 Philippe Bärtsch Schellenberg Wittmer Ltd
Frank Spoorenberg, Tavernier Tschanz, Geneva
Paul Thaler, Wenfei Discussion (panel and floor) Attorneys-at-law Ltd., Zurich / Beijing / Shanghai
15:30 – COFFEE BREAK 16:00
16:00 – CHOICES OF DISPUTE RESOLUTION Session Chair: 17:00 Arbitration, Mediation, Dispute Boards, Dieter Hofmann (or other ADR. What do the institutions offer? WW), Walder Wyss, Zurich
Philipp Habegger President, Arbitration Court Swiss Chambers’ International Arbitration Institution Jiangrong Yang Chairman, SHIAC Urs Weber-Stecher President, Swiss Arbitration Commission, ICC Switzerland Ignacio de Castro Deputy Director, WIPO Arbitration and Mediation
Center CIETAC
17:00 – CONCLUSIONS Alexander McLin. Executive 17:15 Director, ASA – Swiss Arbitration Association CODA Representative
17:15 – NETWORKING COCKTAIL 19:00
Who is Professionals involved in dispute resolution: corporate counsel, attending? lawyers, arbitrators, and academics. Chinese companies with investments abroad; lawyers from law firms practicing international dispute resolution and/or outbound investment; Chinese chambers of commerce, export agencies, arbitration institutions.
Sponsorship The conference provides a meaningful opportunity to gain opportunities visibility and build partnerships within the global arbitration business network. For further information, please contact Michael Jin at [email protected].
CPD/CLE Participants will receive an official certificate of attendance from Credits ASA – the Swiss Arbitration Association.
Workshop Format and Topics for Day Two Four workshops of 90 minutes each will be held in parallel throughout the day, such that by the end of the day, participants will have taken part in each workshop. Each workshop itself will be divided into workgroups of 4-5 people each. The topics are listed below. Participants will have the opportunity to work through problems in groups and present results at the end of each 90-minute session. Instruction will be in English, with Chinese- speaking discussion leaders present in each workshop.
9:00am – PLENARY SESSION: 9:30am Introduction into the Mock Case
Room A Room B Room C Room D Workshop 1: Workshop 2 Workshop 3 Workshop 4 Launching Provisional Organize cost- Managing the Arbitration Measures efficient and speedy hearing proceedings
9:30-11:00 Group A Group B Group C Group D
11:00-11:15 Coffee Break
11:15-12:45 Group B Group C Group D Group A
12:45-14:00 Lunch
14:00-15:30 Group C Group D Group A Group B
15:30-16:00 Coffee Break
16:00-17:30 Group D Group A Group B Group C
18:00-20:00 Networking
Workshop Instructors:
• Philippe Bärtsch, Schellenberg Wittmer Ltd (Workshop 3) • Laurence Burger, Landolt & Koch, (Workshop 2) • Felix Dasser, Homburger, Zurich (Workshop 3) • Philipp Habegger, LALIVE, Zurich (Workshop 2) • Dieter Hofmann (or other Walder Wyss), Zurich (Workshop 3) • Cesare Jermini, Bär & Karrer, Lugano (Workshop 2) • LIU Chi, Dacheng Law Offices, Beijing (Workshop 4) • Bernhard Meyer, MME Partners, Zurich (Workshop 4) • Hansjörg Stutzer, THOUVENIN, Zurich, (Workshop 1) • Paul Thaler, Wenfei, Zurich / Beijing / Shanghai (Workshop 2) • Marc Veit, LALIVE, Geneva (Workshop 1) • Urs Weber-Stecher, Wenger Vieli, Zurich (Workshop 4) • Martin Wiebecke, Wiebecke, (Workshop 3) • Dominique Dreyer, Fribourg, (Workshop 1) • Urs Zenhäusern, Baker & McKenzie, Zurich, (Workshop 1)
About the organisers
The Swiss Arbitration Association (ASA) has over 1200 ASA – Swiss members, practitioners and academics engaged and/or Arbitration interested in domestic and international arbitration, from Switzerland and abroad. ASA contributes to the development Association of arbitration law and practice through regular conferences and workshops, including this Annual Conference; the Arbitration Workshop Seminar; ASA Local Group meetings; ASA below 40 events for young practitioners, and the publication of the ASA Bulletin, a renowned arbitration quarterly, and of the ASA Special Series. For more information and membership enquiries, see www.arbitration-ch.org, or contact Alexander McLin, Executive Director, at [email protected].
Approved by Shanghai Municipal People's Government in 1988, Shanghai International Economy and Trade Arbitration Commission (also known as the Shanghai International Arbitration Center; previously known as the China International SHIAC – Economic and Trade Arbitration Commission Shanghai Shanghai Commission, hereinafter referred to as “SHIAC”) was International established through a formal procedure and legitimately Arbitration registered, and has been acting as an independent arbitration Center institute all along. SHIAC is located in Shanghai, which is a crucial city in chinese economic market. SHIAC has successfully carried out independent, impartial, effective and professional arbitration services for the dispute resolution which have been positively commented at home and abroad. China Overseas Development Association (CODA, also known as China Industrial Overseas Development & Planning Association) is a national non-profit social organization with CODA – China corporate capacity duly approved by and registered with the Overseas Ministry of Civil Affairs of the People’s Republic of China. Development CODA was established on 10 December 2004. CODA’s Association Honorary Chairman is Zeng Peiyan, former Vice-Premier of the State Council, and its President is Zhang Guobao, former Vice-Chairman of the National Development and Reform Commission (NDRC) and former Director (at ministerial level) of the National Energy Administration.
Conference Alexander McLin, ASA – Swiss Arbitration Association, Geneva / Zurich Organisation Bernhard F. Meyer, MME Partners, Zurich
Clarisse von Wunscheim, Hartmann Dreyer, Fribourg
Wang Weijun, Deputy Secretary General, SHIAC
Wang Kewen, Director, CODA
Practical information
Registration Please complete the attached registration and return to [email protected].
Where? Sofitel Shanghai Hyland Hotel 505 Nanjing Road East 200001 Shanghai
How to get there Sofitel Hyland Shanghai Hotel is conveniently located in the central downtown Huangpu District of Shanghai’s Puxi area.
PLEASE RETURN TO: Registration Form Michael Jin at LexPR Consulting For Invitees [email protected] Fax: +86(10)6416 1567
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Firm/company
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I hereby register for the Swiss-Chinese Dispute Resolution Forum
A□ Day one: Public Seminar on 12 May 2015 □ Networking Cocktail on 12 May 2015 □ Day Two: Workshops Seminar on 13 May 2015
Conference Fee Attendance is free of charge thanks to our sponsors.
Disclaimer The pictures and/or footage taken by the organizers at this event may be used at a later date in printed and/or online materials including but not limited to marketing tools, brochures, and websites.
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