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DVC Members’ Visits to Shenzhen Concluded Successfully

19 Dec 2023

DVC members visited the Shenzhen Qianhai Co-operation Zone People's Court

DVC members visited the Shenzhen Qianhai Co-operation Zone People's Court

Des Voeux Chambers members visited the Shenzhen Qianhai Co-operation Zone People’s Court last week, where they were welcomed by Bian Fei, President of the Qianhai Court and representatives of the judges. The delegation toured the Qianhai Court building, including the Litigation Service Centre, the Alternative Dispute Resolution Centre for International Commercial Disputes and the courtrooms equipped with modern facilities and cutting-edge technology. Representatives from the Qianhai Court also showcased the procedure for conducting mediation in cross-border commercial disputes and using legal technology to enhance the efficiency of resolving cross-border commercial cases.

Des Voeux Chambers delegation visited the SCIA

On 4 December, Des Voeux Chambers delegation visited the Shenzhen Court of International Arbitration (SCIA), the first arbitration institution in the Greater Bay Area founded in 1983.

A warm welcome was extended to the group by Dr Liu Xiaochun, President of SCIA, Ms An Xin, Vice President of SCIA, and Li Xiongfeng, Deputy Secretary General and Secretary of the Board of Directors of South China (Hong Kong) International Arbitration Center (HK).

In addition to learning about SCIA’s history and philosophy, delegates exchanged views on the development of international arbitration in Guangdong, Hong Kong, and Macao Greater Bay Area. They also discussed how Hong Kong barristers can participate in arbitration services cooperation between the two jurisdictions.

Qianhai Rule of Law Lecture Hall

On December 4, on the occasion of the National Legal Awareness Day, the “Practice and Exploration of Shenzhen-Hong Kong Rule of Law Synergistic Development” of Qianhai Rule of Law Lecture Hall was held on the 35th floor of the International Arbitration Building.

More than 10 senior Hong Kong barristers shared their insights from different levels and perspectives on the synergistic development of the rule of law in Shenzhen and Hong Kong. The event featured three round-table dialogues.

We would like to express our sincerest gratitude to the 深圳前海管理局, 深圳司法局, and 深圳市普法办 for co-hosting this event. Meanwhile, we would like to express our sincere gratitude to 深圳前海一带一路法律服务联合会, 深圳市律协粤港澳大湾区工作委员会, 深圳市律协国际交流与合作工作委员会, Shenzhen International Arbitration Court (SCIA), as well as 京师浩然(前海)联营律师事务所 for their assitance.

Du Chun, the president of Shenzhen Qianhai Belt and Road Legal Services Federation, appreciated the mutual recognition and enforcement of judicial judgments and arbitral awards, the application of the laws of Hong Kong and Macao to foreign-related civil legal relations, and the linkage and cooperation in commercial mediation and arbitration.

In the first panel themed under “The Age of Artificial Intelligence: Exploring Hong Kong-Shenzhen Co-operation in Intellectual Property Projection“, Winnie Tam SC and CW Ling discussed the new challenges and opportunities in intellectual property protection, and explored the multiple areas in which Hong Kong and Shenzhen should strengthen their partnership and jointly study creative ways to protect the intellectual property rights of China’s science and technology innovations.

The second panel was hosted by Jacqueline Law and included Patrick Fung SC, William Wong, S.C. and Jenkin Suen SC. The fireside chat centres around the discussion on “Cross-Border Commercial Disputes – Cost and Benefit Analysis of International Arbitration“. The panel shared their views and first-hand experience on what makes Hong Kong the leading arbitration hub in this regard, such as its continuously improving legal framework, large number of first-class international arbitration institutions, and mature third-party financing environment. It was also pointed out that Mainland lawyers may face challenges related to international arbitration under the HKIAC Rules with which they are not as familiar, and international arbitration rules will inevitably affect multinational enterprises. Lawyers need to overcome cultural and customary differences when dealing with international cases, and timely production of documents and strategic cross-examination of witnesses require a great deal of effort.

Charles Sussex SCWilliam Wong, S.C.John Hui and Alexander Tang joined the third panel to share strategies and techniques on how to use litigation to resolve cross-border commercial disputes. Charles shared how Hong Kong deals with competing jurisdictions, citing the example of collision of ships on the high seas. William discussed the mutual enforcement mechanism between Hong Kong and the Mainland, which will take effect shortly, and his experience prosecuting and enforcing in Hong Kong and the Mainland. John Hui shared Hong Kong barristers’ practice experience helping Mainland enterprises go through debt restructuring and insolvency proceedings in different jurisdictions, and how HK lawyers communicate with professionals and offshore teams in the process. When dealing with cases, Alexander recognized the importance of choosing the right jurisdiction to commence proceedings. The court where the assets are located is of utmost importance. Putting sufficient attention into choosing the right forum at the outset pays dividends.

Round Table 1
Round Table 2
Round Table 3