Date(s) - 08 Sep 2020
10:30 am - 11:30 am
Presented by Llinks Law Offices, Shenzhen Court of International Arbitration and South China International Arbitration Center (HK)
When: Tuesday September 8th, 2020
at 10.30am Beijing/HK time
HK CPD Applied for
- The notion of change of circumstances and force majeure and their application under Chinese contract law regime
- Compare the concepts and related case law in Chinese law with force majeure under French law, frustration of purpose under English law, Störung der Geschäftsgrundlage under German law and commercial practicality under the US law
- Understanding the new development of those notions in the newly codified Chinese Civil Code in this unusual time of COVID-19
- Procedural obstacles resulted from Covid-19 in relation to pursuing arbitration
- Amendments of arbitration rules: a comparison of 2020 arbitration rules of SCIA, LCIA and SCIA HK
- Covid-19’s implications for administration of arbitration proceedings
Partner, Head of Dispute Resolution, Llinks Law Offices
Patrick has more than 20 year experience in cross-border dispute resolution, including international arbitration and litigation. Before joining Llinks, he had worked for 12 years in leading international law firms in the United States and China, including as Senior Consultant at Herbert Smith LLP, Partner at Clifford Chance, and Managing Partner at the Beijing office of Clyde & Co LLP. Before that, he worked at CIETAC for 8 years.
As a counsel, he has represented hundreds of cases in international arbitration and litigation, including before CIETAC, LCIA, HKIAC, SIAC, ICC, SCC and courts of Hong Kong, London and the United States. His representative high-profile cases include representing the US investigation on alleged violation of sanctions against ZTE Corporation, representing PetroChina in arbitration before SIAC, and the Republic of Yemen in the investment arbitration case brought by Beijing Urban Construction Group Co. Ltd. He has established sound reputation in international arbitration and litigation in China. He is qualified to practice law both in China and the New York State, United States. Patrick is a panel arbitrator of various arbitration institutions such as CIETAC, SCIA, SIAC, HKIAC, KCAB, KLRCA and etc.
Partner, Llinks Law Offices
Mr. Qin is a partner of Llinks Law Offices. He has been practicing for the past three decades. With rich experience in banking, corporate finance, PE/VC, and asset management, he shifted his practice from transactions to dispute resolution 12 years ago. In addition to counsel and arbitrator work, he has acted as PRC law expert witness before foreign courts or international arbitral tribunals in more than 10 cases. Mr. Qin is currently a panel arbitrator of SCIA, SHIAC, and SAC, a member of the Chartered Institute of Arbitrators. He is also a member of the Shanghai Lecturing Group of the PRC Civil Code. He was recently named by LEGALBAND 2020 an “Eminent to Watch” Litigator in China.
Deputy Secretary General & Board Secretary, South China International Arbitration Center (HK) (SCIA HK)
Secretary of the Council, Shenzhen Court of International Arbitration (SCIA)
Mr. LI Xiongfeng graduated from National University of Singapore. He was a qualified Chinese lawyer and foreign legal counsel in Singapore. He was involved in the making of SCIA Arbitration Rules (effective from 2019) and the amending of these rules in 2020, and has been involving in the making of SCIA HK Arbitration Rules. His research interests and publications cover international arbitration, public international law and competition law.
Legal Counsel, South China International Arbitration Center (HK) (SCIA HK)
Legal Counsel, International Cooperation and Development Department, Shenzhen Court of International Arbitration (SCIA)
Ms. CHI Wenhui graduated from Peking University. Working as a Legal Counsel at SCIA and SCIA HK, she has taken an active role in coordinating arbitration cooperation programs within the Greater Bay Area. She has settled nearly 30 international trade disputes between Chinese suppliers and foreign buyers as a mediator serving the China Import & Export Fair (the “Canton Fair”), and has acted as the tribunal secretary in more than 200 domestic and foreign-related arbitration cases.