The 6th Shanghai-Hong Kong Commercial Mediation Forum was successfully held

On the morning of November 8, 2023, the 6th Shanghai-Hong Kong Commercial Mediation Forum, jointly organized by the Department of Justice of Hong Kong, the Shanghai Law Society, the Shanghai Commercial Mediation Center and the Hong Kong Mediation Council Limited, was successfully held at the Hong Kong Convention and Exhibition Centre. Highlighting theme of “Building a High Ground for Asia-Pacific Dispute Resolution and Enhancing Cooperation in Commercial Mediation between Shanghai and Hong Kong”, the Forum aimed to explore the development of a regional commercial mediation mechanism, further enhance the international influence of commercial mediation services in Shanghai and Hong Kong, and promote the establishment of Shanghai and Hong Kong as a high ground for Asia-Pacific Economic Dispute Resolution. More than 150 participants attended the forum, which was broadcasted live globally.

(Group photo of some of the guests)

(Group photo of some of the guests)

Mr. Cheung Kwok-kwan, Deputy Secretary for the Department of Justice of Hong Kong, Mr. Hu Fang, Deputy Chief Judge of the Fourth Civil Division of the Supreme People’s Court, Mr. Wu Jianyong, Director of the Shanghai Municipal Bureau of Justice, and Mr. Sun Jianping, Chairman of the Management Committee of the Shanghai Commercial Mediation Center addressed the Forum.

Deputy Director Cheung Kwok-kwan reviewed the themes and impact of the previous Shanghai-Hong Kong Commercial Mediation Forums jointly organized by Shanghai and Hong Kong based on the concept of “Mediation First” and emphasized that close and long-term cooperation has a far-reaching impact on optimizing the business environment of Shanghai and Hong Kong and promoting the development of China’s Belt and Road Initiative.

(Opening remarks by Deputy Director Cheung Kwok-kwan)

Deputy Chief Judge Hu Fang highly affirmed the effectiveness of the normalized cooperation between Shanghai and Hong Kong in commercial mediation and hoped that the two places could play a more important role in building an international legal and dispute resolution service center in the Asia-Pacific region and in safeguarding the implementation of the Belt and Road initiative.

(Opening remarks by Vice-President Hu Fang)

In the context of the development trend of international commercial mediation and the positioning of the two cities, director Wu Jianyong said in his speech that the Forum is an important platform for theoretical research and innovation of commercial mediation practice that connects Shanghai and Hong Kong, gradually radiates to Asia-Pacific and even the world, and is conducive to promoting the innovative development of commercial mediation and achieving complementary advantages, which facilitates the implementation of the Belt and Road Initiatve.

(Opening remarks by Director Wu Jianyong online)

Mr. Sun Jianping, Chairman of the Management Committee of SCMC, expressed his determination and confidence in the commercial mediation organizations in Shanghai and Hong Kong to benchmark against the world class and to make greater contribution to serving the overall situation of national development through institutional interaction, complementary resources and mutual learning of experience.

(Opening remarks by Mr. Sun Jianping, Chairman of the Management Committee of SCMC)

The forum centered on two topics, namely, “Research on Cross-border Enforcement of Settlement Agreements Resulting from International Commercial Mediation” and “Actively Constructing Professionalized and Internationalized Commercial Mediation Training Mechanisms”.

Prof. Huang Jin, Vice President of the China Law Society, delivered a keynote speech on “Several Issues Concerning Cross-border Enforcement of Settlement Agreements Resulting from International Commercial Mediation”, emphasizing that legislation on commercial mediation should be pushed forward and the enforcement procedures of settlement agreements resulting from mediation should be stipulated, so as to bring commercial mediation work in line with the rule of law.

Mr. Chen Naiwei, Vice Chairman of Shanghai Commercial Mediation Center, started by analyzing the difficulties in cross-border enforcement of international commercial settlement agreements and demonstrating his insights from both theoretical and practical perspectives. He then said that Shanghai and Hong Kong should continue to popularize the idea of “mediation first”, raise the recognition of commercial mediation among market players, deepen cooperation and exchanges, and build a Chinese commercial mediation brand with global influence.

Mr. Christopher Wing To, Chairman of the Hong Kong Mediation Council, spoke on “Cross-Border Enforcement of Settlement Agreements Resulting from International Commercial Mediation”.

In his keynote speech, Théophile Margellos, mediator of SCMC and former Chairman of the European Union Intellectual Property Office Boards of Appeal, introduced and analyzed the practice of using mediation to resolve cross-border intellectual property disputes in the European Union, which is of significant value in terms of reference to both Shanghai and Hong Kong.

(Group photo of speakers)

Prof. Leung Hing Fung, former Vice-Chairman of the Hong Kong Mediation Accreditation Association Limited, suggested that Shanghai and Hong Kong should learn from each other in commercial mediation training mechanism, which would lead to a multi-win situation.

Zhang Wei, Director of Shanghai Commercial Mediation Center, shared Shanghai's experience in terms of the professionalism of mediators, the construction of training mechanisms, the upgrading of mediation services and the popularization of commercial mediation knowledge, emphasizing that enhancing the capacity of professional commercial mediation services is essential to international commercial mediation institutions.

Mr. Iu Ting-kwok, Founder and Director of the Asia Conflict Resolution Institute, shared his views on optimizing the system of accreditation of mediation professions in Hong Kong and improving the training of mediators.

Mr. Siu Wing-yan, former Chairman of the Hong Kong Mediation Council, focused on the analysis and recommendations on the professionalism of mediation and problems in the establishment of a training system for international commercial mediators.

(Group photo of speakers)

Mr. Shi Weidong, Deputy Secretary of the Party Leadership Group and Full-time Vice President of Shanghai Law Society, said in his closing remarks that Shanghai and Hong Kong have a deep foundation of legal cooperation, there is huge room for future cooperation in legal services, international commercial mediation will surely usher in a brighter future. He also wishes that the Forum will continue to contribute to the creation of a High Ground for Asia-Pacific Dispute Settlement and the advancement of China's foreign-related legal system.

(Closing remarks by President Shi Weidong)

This forum is a gathering of ideas, with a variety of great insights shared by the participants. Innovation on and off the stage echoed each other, and the rhythms of thoughts were vibrating together in the same frequency. The Forum laid a good foundation for exploring the cooperation of regional commercial mediation mechanism, and it is expected that the next forum will play a greater role in promoting the in-depth integration of legal services between Shanghai and Hong Kong.

(Director Zhang Wei interviewed by Dragon TV)

(Interview of Mr. Chen Naiwei, Vice Chairman, with the official media from the Department of Justice)

The keynote speeches by other guests will be followed up in a series of reports.