On the occasion of the 10th anniversary of the Belt and Road Initiative (BRI) proposed by Chinese President Xi Jinping, King & Wood Mallesons (KWM) held a seminar on “Supported by Law: Looking Back on and beyond the 10th Anniversary of the ‘Belt and Road’ Initiative” in Beijing on 31 August 2023.
Leung Chun-ying, Vice-Chairman of the CPPCC National Committee, delivered a speech through a video recording for this seminar. The seminar welcomed more than 100 distinguished guests from the International Cooperation Centre of the NDRC, the SASAC, the Chinese Academy of International Trade and Economic Cooperation, and the China International Economic and Trade Arbitration Commission (CIETAC), as well as SOEs and well-known private enterprises. They reflected on the experience and achievements accumulated since the inception of the BRI, discussed the new opportunities behind the Initiative, and offered suggestions for promoting its high-quality development. KWM Global Chairman Wang Junfeng delivered a welcome speech at the seminar which was moderated by Huang Jianwen, Director-in-Chief of the KWM Belt & Road Centre for International Cooperation and Facilitation (BRCICF).
Photo of the Seminar
In his address, Mr. Leung Chun-ying pointed out that there is a growing demand for high-quality legal services in the ever-evolving international landscape. He stressed that we should give full play to the important role of the rule of law and improve the protection system for the BRI construction, and actively respond to the challenges. Chinese lawyers should address their areas of improvement, and plan for the long term. They should help improve the management level of legal service organisations, in addition to diversifying their service offerings and enhancing their capabilities to engage in foreign-related practices. It’s imperative for them to actively respond to international changes while developing their own business. Furthermore, they should also focus on the requirements of the country, safeguarding the legitimate rights and interests of Chinese enterprises operating overseas, and facilitating international cooperation under the BRI.
Speech by Leung Chun-ying, Vice-Chairman of the CPPCC National Committee
In his welcome speech, Mr. Wang Junfeng said that since its establishment five years ago, BRCICF, leveraging KWM’s global network, has been actively promoting international cooperation under the BRI and safeguarding the rights and interests of Chinese enterprises operating overseas by focusing on the needs of enterprises and the market. BRCICF focuses on cutting–edge topics and research and contributes to the realisation of BRI goals. In the future, KWM will build a service platform for the exchange of legal expertise on the BRI to help improve the rule of law based business environment for the BRI. KWM will also support Chinese enterprises in participating in the BRI construction, and facilitate the high-quality development of the BRI.
Welcome speech by KWM Global Chairman Wang Junfeng
Mr. Wang Chengjie, Deputy Director and Secretary General of CIETAC, pinpointed in his speech that it has been a long-standing consensus that economic cooperation is based on the law. Given the international elements, complex legal relations, various types of cases, high value, and multiple choices of applicable laws in the BRI projects, legal support becomes more necessary and pressing in the economic and trade cooperation under the BRI. He emphasised that it is imperative to jointly build a dispute resolution mechanism for the high-quality development of the BRI, generate meaningful legal outcomes and create a higher-standard legal dialogue platform.
Speech by Wang Chengjie, Deputy Director and Secretary General of CIETAC
Ms. Huang Jianwen introduced BRCICF’s development over the past five years. She summarised BRCICF’s notable achievements and experience in terms of relevant activities and events, research and publications, as well as legal practice and honours. She noted that BRCICF will continue to stay true to its original intention, fulfil the purpose of the BRI construction, and give full play to the role of BRCICF as a platform to provide high-quality services and communication channels for the BRI participating enterprises and organisations.
Speech by Huang Jianwen, Director-in-Chief of BRCICF
KWM partner Tian Wenjing delivered a speech on "Challenges and Opportunities in the BRI Construction: High-Quality Development". She analysed the BRI development trend using the data of popular countries and hot industries. Taking ACWA POWER, a Saudi Arabian investor in international energy and infrastructure, as an example, she explained the key points and challenges of the BRI projects, in anticipation of providing inspiration and reference for enterprises to go global and seek high-quality development.
Speech by KWM partner Tian Wenjing
Following the speeches, BRCICF held three panel sessions focusing on overseas rights protection and compliance, opportunities and challenges in overseas investment, and diversified dispute resolution mechanisms, respectively.
Ms. Huang Jianwen moderated the first panel session on "Overseas Rights Protection and Compliance". Ms. Xie Xi, Assistant General Manager of Legal Affairs Department of China Export & Credit Insurance Corporation, and guests from Syngenta Group and other organisations had a lively discussion with KWM partners Liu Ting and Fan Duoling(Grace). The guests shared their industry and project experiences on the key points of rights, risks and compliance management for enterprises going global. KWM partners also provided advice on the development and use of compliance management systems based on their experience in corporate services.
KWM international partner Xiao Yong chaired the second panel session on the "Opportunities and Challenges in Overseas Investment under the BRI". KWM partner Kathy Fan had an extensive exchange with Lv Jing, Deputy General Manager of Legal and Corporate Reform Department of CNPC, Li Changgui, Deputy General Manager of China Road and Bridge Corporation, Luo Hongda, General Manager of Legal Department of China National Complete Plant Import & Export Group Corporation Ltd, and Zheng Luan, Director of Corporate Management and Legal Affairs Department of Huadian Overseas Investment Corporation. Drawing from their respective experience, they engaged in a comprehensive discussion encompassing traditional and emerging investment sectors, the advantages of investment in various regions, project selection by country and industry, and prior identification and prevention of risks.
Scene of panel sessions
KWM partner Liu Yuwu presided over the third panel session on the topic of "Diversified Dispute Resolution Mechanisms in the BRI Projects". KWM partner Huang Tao had an in-depth discussion with Xu Yanhao, Chief Compliance Officer and Legal Director of TBEA International Engineering Company Limited, Xu Xiaochun, General Counsel of MCC International Incorporation Ltd., Gu Haiyan, General Manager of the Legal Department of Sina Group and representatives of other enterprises. They deliberated on the conventional dispute resolution methods (mediation, litigation and arbitration) and new dispute resolution mechanisms, and highlighted the key points in dispute resolution such as structuring arbitration clauses, witness testimony, and evidence disclosure.
As a comprehensive professional service platform established by KWM in 2019 to integrate functions of legal service, think tank study, advisory service and international cooperation, BRCICF is intended to give full play to KWM’s global and diversified strengths and innovative service model, and effectively connect governments and enterprises, and provide quality professional services for both domestic and overseas players that desire to explore opportunities brought by the BRI. Over the past five years, BRCICF has actively implemented the BRI. This has been demonstrated through a range of initiatives, including organising a lecture series on "How Chinese Enterprises can Win in International Arbitration" and releasing the annual “Think Tank Report: Law and Practice under the Belt & Road Initiative”. It has also conducted research on such topics as “Legal Issues in the BRI Projects” while actively promoting international cooperation and overseas rights and interests protection.
