Professor Chen Li attended the first annual conference of China International Investment Arbitration Forum

Updated: 09,23,2019

Sponsored by China International Investment Arbitration Forum (CIIAF), Xi’an Jiaotong University and Xi’an Municipal People's Government, organized by China International Economic and Trade Arbitration Commission (CIETAC), Xi’an Jiaotong University Law School and Xi’an international Trade and Logistic Park, the first annual conference of China International Investment Arbitration Forum was held in Xi’an, China on September 15 to 16, 2019, on the topic of “Multilateral Reform of Investor State Dispute Resolution: A Dialogue among Different Approaches”. The conference had attracted representatives from international organizations such as World Bank, United Nations Commission on International Trade Law, Energy Charter and European Commission, as well as the representatives from the Supreme People's Court, the Ministry of Commerce, the Ministry of Foreign Affairs, Shaanxi and Xi'an. More than 200 well-known experts and scholars from more than 40 universities in 14 countries also attended the meeting.

Wang Shuguo, President of Xi’an Jiaotong University, Li Mingyuan, Mayor of Xi’an Municipal People’s Government, Meg Kinnear, Vice President of the World Bank, Secretary General of the International Investment Dispute Resolution Center, and Gao Xiaoli, Vice President of the Civil Adjudication Tribunal No.4 of the Supreme People's Court, Ma Yuchi, Director of Department of Treaty and Law of Ministry of Commerce, Wang Chengjie, Vice President and Secretary General of China International Economic and Trade Arbitration Commission, and Sun Yimin, Director of Management Committee of Xi’an international Trade and Logistic Park, delivered speeches at the opening ceremony. The ceremony also unveiled China International Investment Arbitration Forum and the founding yearbook of the Forum.

China International Investment Arbitration Forum was formally established in February 2019, founded by Fudan University, China International Economic and Trade Arbitration Commission(CIETAC), Law Schools of Xi’an Jiaotong University, Wuhan University, Xiamen University, Fudan University, Remin University, University of International Business and Economics, China University of Political Science and Law and Zhong Lun Law Firm, Beijing Huanzhong & Partners(BHP), Global Law Office and Chen & Co. Law Firm. The secretariat is located at Xi’an Jiaotong University. The forum is China’s first professional research platform in the field of investment arbitration and China’s first global international investment law research platform as well.

Prof. Chen Li, Vice Dean of Fudan University Law School, attended the joint conference of institution founding on behalf of Fudan University Law School, and delivered a speech entitled “Issues of Jurisdiction of China's International Commercial Arbitration Institutions over International Investment Disputes” at the 7th session, on topic of China's Role in ISDS Reform. She voiced her opinion on the possible disputes of jurisdiction arising from the practice that the arbitration institutions in China accept cases involving international investment disputes, includes the arbitrability, qualification, the validity of arbitral agreements, judicial review, etc., in the three circumstances when arbitration seated in China, in Hong Kong SAR or outside China respectively. She put it forward that the legitimacy and effectiveness of jurisdiction of China’s arbitration institutions over Non-ICSID investment arbitration depend not only on the parties’ agreement, but also the authorization given by the provisions of the law. Therefore, the Arbitration Law of the People's Republic of China and other relative laws should be amended as soon as possible to meet the urgent need of the arbitration institutions in China to expand their service scopes, be more internationalized and to serve China’s “One Belt, One Road” initiative as well as the high-level opening-up strategy.

 

Translator: Miss YANG Yuhan, LLM Student of International Law Program, Class 2021

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