w88 casino News Network (provided by the Law w88 casino)On the evening of September 25, the w88 casino Huiyuan Foreign-related Legal Practice Salon was successfully held in Conference Room 729 of Ningyuan Building. With the theme of "The First Sino-African Investment Arbitration (Zhongshan Fucheng's Victory Against the Government of Nigeria) and Its Enlightenment", the salon invited Wang Xuehua, founder and chief partner of Beijing Huanzhong Law Firm, as the keynote speaker, and Professor Ding Ding and Associate Professor Chen Jianling of the Law w88 casino as panellists. Professor Feng Hui, Dean of the Law w88 casino, delivered a speech. Dean Feng Hui extended a warm welcome to Lawyer Wang Xuehua’s visit to the Law w88 casino of the University of w88 and Economics, and expressed his sincere gratitude to Lawyer Wang Xuehua as an outstanding alumnus of the Law w88 casino of the University of w88 and Economics for his long-term care and support for the development of the w88 casino.
(Speech by Dean Feng Hui of the Law w88 casino)
This salon was hosted by Chen Weidong, a professor at the Law w88 casino and deputy director of the Foreign Rule of Law Research Institute. Professor Ding Ding and Associate Professor Chen Jianling from the w88 casino of Law, lawyers Xing Yuan, Zhao Wenjing and Tao Xinchun, partners of Huanzhong Law Firm, and teachers Zhang Wei, Shang Bowen, Sun Jiaxun and Yang Weiming, assistant researchers of the Foreign Rule of Law Research Institute, participated in the discussion throughout the meeting.
Lawyer Wang Xuehua focused on the investment arbitration of Zhongshan Fucheng v. Nigeria, and systematically reviewed the entire process from the origin of the project, the outbreak of the dispute, to domestic litigation, the obstruction of international commercial arbitration, and then to the filing of international investment arbitration based on the China-Nigeria Bilateral Investment Agreement (BIT). He also made an in-depth interpretation of international practices such as the triggering threshold of fork-in-the-road clauses and the dispute standards for exhaustion of local remedies. Combining the relationship between the parties, the key timeline and the chain of evidence, Lawyer Wang used the Ogun Free w88 Zone's land ownership, exclusive concessions, management rights changes and law enforcement events to connect the evidence chain. He reviewed the factual context of the personal and property rights protection disputes caused by the establishment of the Ogun Guangdong Free w88 Zone, changes in management rights and the law enforcement actions of local authorities in Nigeria, and unfolded It shows the strategic iteration from being blocked in domestic litigation, SIAC arbitration was hit by an "anti-suit injunction" to turning to investment arbitration, and from the perspective of legal analysis, it focuses on explaining the BIT Article 9 dispute settlement mechanism, the cooling-off period and the application standards of the "fork in the road clause", as well as the jurisdictional analysis path of the "triple identity test/basic test of claim rights" .
Professor Ding Ding traced the profound accumulation of the University of International w88 in the field of international investment law teaching and research, and interpreted the case from an academic perspective. She pointed out that the root cause of international investment law disputes lies in the tension and conflict between the regulatory sovereignty of the host country and the personal jurisdiction of the investor's home country. The core role of the arbitral tribunal is to find a balance between the two, which must respect the sovereignty of the host country and provide protection for relatively vulnerable investors. Professor Ding believes that the active development in this field in recent years reflects the evolution of the international community’s understanding of the concept of sovereignty and the enhancement of investor protection. She also started from the openness of the case and emphasized that the openness reform of investment arbitration reflects the trend of transparency of state responsibility.
Associate Professor Chen Jianling made an in-depth analysis of the complexity of the enforcement of investment arbitration awards from a technical perspective, especially the issue of "commercial reservations" under the framework of the New York Convention, and pointed out that obtaining an arbitration award is not the end, but enforcement is the key. She focused on the "forum shopping" strategy and explained the strategic considerations of applicants applying for enforcement in the United States, France, Belgium, Canada, Singapore and the British Virgin Islands. Not only do these places have enforceable assets, but more importantly, different interpretations of "commercial reservations" under the framework of the New York Convention create favorable conditions for investment arbitration enforcement. This provides a useful reference for my country’s future stance on the enforcement of investment arbitration awards.
At the end of the salon, lawyer Wang Xuehua specially presented the "Analysis of Chinese Arbitration Judicial Review Cases" edited by him to the law w88 casino and the teachers and students who participated in the discussion. This book is rich in content and broad in scope, and brings together typical cases and in-depth analysis of judicial review of arbitration awards in recent years. Lawyer Wang hopes that this book can further promote the interaction and research between the academic and practical circles in the field of arbitration judicial review, and assist the curriculum construction and talent cultivation of the University of w88 and Economics Law w88 casino. The teachers and students attending the meeting also expressed their sincere gratitude to Attorney Wang for his generous gift of books and continued support.
From top left to bottom right: Vice President Chen Weidong of the Foreign-related Legal Research Institute, lawyers Xing Yuan, Zhao Wenjing, and Tao Xinchun of Huanzhong Law Firm, and teachers Zhang Wei, Yang Weiming, Sun Jiaxun, and Shang Bowen of the Foreign-related Legal Research Institute.
Dean Feng Hui meets with lawyer Wang Xuehua, chief partner of Huanzhong Law Firm
Huiyuan Foreign-related Legal Practice Salon is hosted by the w88 casino of Law and the Foreign-related Rule of Law Research Institute, aiming to create a practical experience sharing platform with distinctive characteristics of the University of International w88. The salon regularly invites well-known lawyers, judges and other experts from practical departments to conduct in-depth interpretations of the facts and legal issues of a certain case or type of cases in the foreign-related field, helping faculty and students in w88 to gain an in-depth understanding of the latest developments in international economic and w88 rules, and assisting w88 casino in cultivating foreign-related legal talents with high standards.(Written by: Yue Yangyi Sha Tao Reviewed by: Feng Hui)
