Mediation Week is a major biennial event organized by the Department of Justice (“DoJ”), which aims to promote the development and use of mediation in Hong Kong. DoJ being the organizer, jointly organized by Hong Kong Mediation Centre (“HKMC”) and Mainland-Hong Kong Joint Mediation Center (“MHJMC”), the Seminar was one of the activities of Mediation Week 2018. 

 

The Seminar was supported by various sectors and organizations in the community, including the Hong Kong General Chamber of Commerce, the Chinese General Chamber of Commerce, the Chinese Manufacturers’ Association of Hong Kong, Federation of Hong Kong Industries, Hong Kong Trade Development Council, International Chamber of Commerce – Hong Kong (“ICC-HK”), Shenzhen Qianhai Cooperation Zone People’s Court (“Qianhai Court”), China Council for the Promotion of International Trade, Representative Office in Hong Kong and Macao, China Council for the Promotion of International Trade Hangzhou Committee (“CCPIT Hangzhou”), Guangdong-Hong Kong-Macao Bay Area Economic and Trade Association, the Professional Validation Council of Hong Kong Industries, Hong Kong Construction Association, China Real Estate Chamber of Commerce Hong Kong and International Chapter Limited, Federation of HK Jiangsu Community Organisations, Hong Kong Small and Medium Enterprises Association, China International Economic and Trade Arbitration Commission Hong Kong Arbitration Center, the Chinese Gold and Silver Exchange Society, the Association of Hong Kong Professionals, and Youth Entrepreneur Warrior.

 

The seminar was well-attended by nearly 250 attendees, including Hong Kong and the Mainland government officials, dispute resolution and legal experts, representatives from professional institutions and chambers of commerce, business executives and scholars. It served as a platform for attendees to exchange views and gain insights on the development of cross-border commercial dispute resolution in relation to the Belt and Road Initiative.

 

The Secretary for Justice, Ms. Teresa Cheng Yeuk Wah, GBS, SC, JP delivered a welcoming speech at the opening of the Seminar. Ms. Cheng said that the Belt and Road Initiative will bring new opportunities to enterprises in countries and regions along the Belt and Road. Attention could be drawn to the following three important trends of cross-border commercial dispute resolution: mediation of investment dispute, online dispute resolution and the establishment of a dispute resolution center specially designed for the Belt and Road Initiative.

 

Ms. Cheng pointed out that the Hong Kong Special Administrative Region (“HKSAR”) Government has signed the Investment Agreement with the Ministry of Commerce in June 2017. The “Investment Dispute Mediation Mechanism” provided in the Agreement can effectively promote the use of mediation in resolving different types of cross-border disputes. She added that Hong Kong is building an online dispute resolution platform, eBRAM.hk, and expected that establishing a safe, reliable and credible online platform will be a new trend. She also expressed gratitude to HKMC and MHJMC for co-organizing the Seminar. 

 

The second guest speaker, Mr. Zhang Bin, Vice-President of  Qianha  Court, delivered a speech themed “Well-functioning and Bold Reform” by introducing the innovative foreign-related legal services and the Belt and Road International Commercial Court-Connected  Mediation Center of Qianhai Court. He said that the development of Belt and Road International Commercial Court-Connected  Mediation Center towards internationalization, professionalism, popularization, marketization, and informatization is in full swing. Qianhai Court is working with HKMC and other international mediation organizations to set up a team of international mediators for providing more effective and efficient dispute resolution services. 

 

Mr. Zhang’s speech was followed by Mr. Wu Mou, Vice-President of CCPIT Hangzhou. Mr. Wu spoke on the topic of “The Role of Hangzhou in Cross-border E-commerce Dispute Resolution”. He pointed out that the Online Diversified Dispute Resolution Platform will have a stronger role as cross-border e-commerce disputes occur more frequently. CCPIT Hangzhou will collaborate with international mediation organizations for e-commerce dispute resolution. It will invite renowned experts on law, economics and trading to join its platform as mediators and enhance the quality of mediation training for internationalization and regularization of Hangzhou’s e-commerce dispute resolution services.

 

Mr. Ronald Sum Kwan Ngai, Chairperson of Committee on Arbitration & ADR of ICC-HK, shared his perspective on the topic of “Application of the Conversion of Mediated Settlement Agreement into Arbitration Award on International Trade and Investment” by discussing different cases. He pointed out that mediated settlement agreement may not be recognized in some countries or regions; therefore, it is crucial to record the mediated settlement agreement as arbitral award, if possible, for recognition and enforceability. 

 

After that, Dr. Francis Law Wai Hung, President of HKMC and Founding Chairman of MHJMC, delivered a speech entitled “Professional Support on Cross-border Commercial Development and Dispute Resolution Services in Hong Kong”. He introduced the unique strengths of using professional mechanism in resolving international commercial disputes at Hong Kong’s international dispute resolution platform. He pointed out that the diversified transferal system can safeguard the enforceability of mediated settlement agreement. Meanwhile, Hong Kong has established an integrated professional platform for trade risk management and dispute resolution services to serve the Mainland and international enterprises. With the extensive cross-cultural, cross-border and cross-industry experiences, Hong Kong is bound to provide the most effective, advanced and reliable support to the world and the Belt and Road development.

 

The five keynote speeches were followed by Panel Discussion and Question-and-Answer Session. Dr. Francis Law Wai Hung served as the moderator to invite the guest speakers to exchange their ideas with participants and address to their enquiries.

The Seminar ended with closing remarks given by Ms. Elsie Leung Oi Sie, GBM, JP, Deputy Director of HKSAR Basic Law Committee of Standing Committee of National People’s Congress and Honorary Advisor of HKMC. She concluded the five speeches and looked forward to the future development of mediation. She hoped that all parties will cooperate to promote the use of mediation in resolving Belt and Road-related international commercial disputes.