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English law and jurisdiction are commonly used in relation to shipping, insurance and other trade contracts. Nevertheless, commercial law is overwhelmingly transnational in character; delicate questions of interaction are unavoidable between choice of law, jurisdiction and arbitration clauses on the one hand, and the activities of courts and arbitrators in other jurisdictions on the other.
This is particularly true of cases with a connection to China, London, Singapore and New York arbitrations very frequently involve Chinese parties, or other parties with assets or accounts in China; how such awards can be transformed into hard cash is a top concern of any lawyer involved with them. Similarly, the European ‘torpedo action’ aimed at preventing claimants suing in their own, or indeed their chosen, jurisdiction is well-known worldwide and deserves a thorough examination.
To this end, HFW and Swansea Law School’s Institute of International Shipping and Trade Law, a top law firm and law school for shipping and commercial law, have teamed up with the China-Europe Commercial Collaboration Association to offer a one-day seminar on arbitration and jurisdiction in the commercial context, with particular reference to developments in the UK, China and Europe.
The following topics will be discussed at the event:
- The recognition and enforcement of foreign arbitral awards in China
- The recognition and enforcement of foreign arbitral awards in Turkey
- Recognition and enforcement of interim arbitral awards in Germany
- European “torpedo actions”; the present position and possible future developments.
- How to ensure that agreed jurisdiction clauses are honoured in shipping contracts.
- The approach of the English courts to appeals from arbitration awards on jurisdictional grounds.
- The Impact of Brexit on maritime disputes and dispute resolution.
- The impact of cultural differences on the effect of evidence
- Public policy exception and enforcement of arbitration awards – a comparative approach
- China International Commercial Court – Construction of Arbitration Clauses
Speakers and chairpersons include:
- Professor Lia Athanasiou, National and Kapodistrian University of Athens, Athens
- Professor Simon Baughen, Institute of International Shipping and Trade Law, Swansea University
- Simon Croall QC, Head of Quadrant Chambers, London
- Paul Dean, Partner and Global Head of Shipping, HFW, London
- Dr Tobias Eckardt, Partner, Ahlers & Vogel; Senior Member, China-Europe Commercial Collaboration Association, Germany
- Dr Shengnan Jia, Co-founder, China-Europe Commercial Collaboration Association; Partner, Tahota Law Firm
- Professor James Hu, Shanghai Maritime University, Shanghai
- Associate Professor George Leloudas, Institute of International Shipping and Trade Law, Swansea University
- Mr Justice Picken, Judge of the Commercial Court
- Nicholas Poynder, Partner and Head of Shipping, HFW, Shanghai
- Simon Rainey QC, Quadrant Chambers, London
- Professor Bülent Sözer, Piri Reis University, Istanbul
- Professor Andrew Tettenborn, Institute of International Shipping and Trade Law, Swansea University
- Ms Shihui YU, Law School, Dalian Maritime University
- Professor Jiang Yuechuan, Law School, Dalian Maritime University
- Dr Lijun Zhao, Co-founder, China-Europe Commercial Collaboration Association; Senior Lecturer, Middlesex University, London
- Patrick Zheng, Partner and Head of Dispute Resolution Practice, Llinks Law Offices, Beijing
- Associate Professor Rui Zheng, Law School, Shanghai Maritime University
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For any enquiries please contact: Alicia on a.a.mckenzie@swansea.ac.uk
