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Summit on Commercial Dispute Resolution in China in Geneva on the June 20th, 2024.

The Swiss Arbitration Association (ASA), in collaboration with the Beijing Arbitration Commission (BAC/BIAC), organised the "Summit on Commercial Dispute Resolution in China" in Geneva on 20 June 2024. Before settling in Geneva, the Summit was held in Madrid the 17th of June.

Me Carmen Kiavila were asked to share our expertise on artificial intelligence and technology law in arbitration..

Experts from various fields gathered at the prestigious Hôtel Intercontinental to discuss the latest developments in commercial dispute resolution in China.

 

Following presentations by renowned legal experts, guests from diverse legal backgrounds examined case law and practice cases.

We have compiled some of the key topics discussed during this very insightful day.

 

Table of Content



 

 

I. Progress of arbitration and mediation in China

 

Last year was a year marked by significant reforms and progress in the resolution of commercial disputes in China.

 

The BAC/BIAC underwent a major reform, which included establishing a new committee. Meanwhile, the Ministry of Justice initiated a pilot project to create international commercial arbitration centers, resulting in the adoption of new arbitration rules..

The experts at the event discussed the development of arbitration laws and the incorporation of new technologies to enhance and streamline this process. In the meantime, there has been a rising need for commercial mediation, leading to more advanced practices with the backing of administrative and judicial authorities.

 

The summit provided an opportunity to discuss a wide range of topics, including construction, new technologies, and energy.



II. In the construction sector

 

 

Construction projects in China have benefited from new legislative regulations, including the interpretation of the general provisions of the chapter on contracts in the Civil Code of the People's Republic of China.

 

These new rules relate to the effectiveness of tender documents, format conditions, and payment in kind of debt, clarifying and unifying dispute resolution practices in this area.

 

III. In the new technologies sector

 

 

The legal landscape is changing rapidly in the field of intellectual property, particularly in the use of new technologies. Compensation for infringement is increasing, and technological disputes are growing.

 

Debates on topics such as the creativity of AI-generated processes and disputes concerning data acquisition on Internet platforms reflect the active innovation in this field. Practitioners are exploring new approaches to dealing with issues arising from emerging technologies.

 

For example, issues such as copyright ownership when an AI is involved in the creative process or the use of deepfake tool as a means of tampering with evidence have been raised.

IV. In the energy sector

 

China's energy sector continues to develop, with significant growth in renewable energies. However, traditional energy continues to play a central role in the organization of the supply chain. Investment in this sector is increasing steadily, and international mergers and acquisitions remain active.

 

Adjustments to energy grant policies are expected to have a significant impact on energy trading. The fast development of new energy vehicles raises questions about international competition and restrictive measures.

 

 

V. In conclusion

 

 

The annual China Commercial Dispute Resolution Summit provided an overview of developments over the past year and forecasts for the year ahead.

 

The meeting reinforced the importance of communication and interaction among industry professionals, both nationally and internationally. It provided a crucial platform for exchanging ideas and innovative practices, promoting the continued high-quality development of commercial dispute resolution in China.


Kenza Laraki







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