On November 18, 2023, the Advanced Seminar on Construction Engineering, jointly organized by the Dalian Court of International Arbitration (Dalian Arbitration Commission) and the Permanent China Construction Law Forum (hereinafter referred to as the "Permanent Forum"), was successfully held in our institute. More than 60 practical professionals, including arbitrators, corporate representatives, in-house counsel and lawyers, participated in the workshop. The workshop was chaired by Zhang Shu, Director of the Acceptance Department of the Dalian International Arbitration Court.
Zhang Shu, Director of the Acceptance Department of Dalian International Arbitration Court.
Ma Ying, Director of the Development Department of Dalian International Arbitration Court.
Ma Ying, Director of the Development Department of Dalian International Arbitration Court, delivered a welcome speech on behalf of our court. Minister Ma Ying first extended a warm welcome to the guests present at the event, and said that the Permanent Forum has always played a vital and positive role in building a professional exchange platform to promote the development and improvement of China's construction engineering legal system, and has promoted practical research and fixed results in the field of construction law. As a member of the Permanent Forum and the rotating vice-chairman of the previous session, the Dalian Court of International Arbitration has maintained close cooperation with the Permanent Forum for a long time. Disputes in the field of construction engineering are characterized by high complexity and strong professionalism, which is one of the areas with the most urgent demand for the arbitration system and the characteristics of arbitration procedures, and is also one of the main types of cases accepted by our court. It is hoped that in the future, the Permanent Forum and the Permanent Forum will continue to deepen cooperation, rely on the professional advantages of the Permanent Forum, accelerate the improvement of the level of dispute resolution in the field of construction engineering of our institute, jointly promote the progress and development of the dispute resolution mechanism of construction projects, and contribute to the high-quality development of China's construction projects and the improvement of the level of rule of law.
The content of this lecture focuses on the promotion of the trial of construction project arbitration cases, including five topics: arbitration agreement and jurisdiction, arbitration claim, arbitration tribunal hearing and evidence, appraisal, arbitration tribunal evaluation and award writing.
Zhu Yongchao. Zhu Yongchao, Vice President of the Forum School of the Permanent Forum, opened with "Arbitration Agreement and Jurisdiction", adopted a humorous form of questioning and interaction, and took issues such as "arbitration or litigation", "first adjustment and then arbitration and then litigation", "supplementary agreement" clauses as the starting point, combined with specific cases, integrated his rich practical experience in arbitration, and shared eight questions and answers on arbitration jurisdiction issues with the participants.
Feng Dong. Feng Dong, a senior partner of Beijing Zhong Lun (Shenzhen) Law Firm, gave a lecture on the topic of "Interpretation and Identification of Arbitration Claims", focusing on six specific cases, including confirmation of litigation of confirmation, confirmation of ownership of property rights, selective and alternative arbitration claims, and whether the arbitration claim is clear, and extended the theory.
Wang Han. Wang Han, senior partner of Tahota (Guangzhou) Law Firm, shared his understanding and practical suggestions on improving the quality and efficiency of court hearings from different perspectives on the effective organization of hearings, the investigation and collection of evidence by arbitral tribunals, and the allocation of the burden of proof.
Zhang Xiaoxia. Zhang Xiaoxia, arbitrator of Dalian Court of International Arbitration and senior partner of Beijing Tiantai Law Firm, explained with the title of "Engineering Appraisal Issues in Arbitration", combined with two specific cases of project cost appraisal and engineering quality appraisal, directly addressed the difficult and painful problems in the construction period appraisal activities, and put forward a series of highly professional and operational suggestions, which clarified the terms of reference of the arbitration tribunal and the appraisal agency, carried out the appraisal practice work in an orderly manner, and promoted the case trial, adjudication, It is of strong guiding significance to avoid the occurrence of problems such as substituting examination for examination.
Sun Wei. Sun Wei, an arbitrator of the Dalian Court of International Arbitration and a partner of Beijing Zhong Lun Law Firm, gave a speech entitled "Precautions in the Drafting of Arbitral Awards", focusing on the two main lines of procedural issues and substantive issues, and shared the content in detail: jurisdiction, consolidation of arbitration and trial of cases, application of law, and how judicial interpretations are applied as legal basis in awards.
Training of arbitrators
The workshop was practical, professional and operable, and the on-site interactive atmosphere was extremely warm. The participants listened carefully, had in-depth exchanges, learned from each other, and Xi each other, and said that they had expanded their trial ideas, updated their knowledge reserves, and improved their professionalism and ability by participating in this course training, and that they would further understand and comprehend the content of the Xi in the future arbitrator practice activities, and transform the results Xi of this training into arbitration practice ability and improve their professional level.
Since the reform, the Dalian Court of International Arbitration has always adhered to the essence of arbitration as the starting point, organized and carried out multi-field and systematic training activities, improved the legal knowledge and professional skills of arbitrators, and enhanced their ability and level to handle arbitration cases. In the future, our institute will continue to carry out in-depth legal academic and practical research training courses and legal salon activities in different specialties to improve the quality and efficiency of Dalian arbitration services in the field of civil and commercial cases, and promote the professional development of Dalian arbitration.