Permanent Forum of China Construction Law Second Members’ Meeting Repor

2018-05-14
     The Second Members’ Meeting (the “Meeting”) of the Permanent Forum of China Construction Law (the “Permanent Forum”) was held on May 12, 2018 at Beijing University of Civil Engineering and Architecture (BUCEA). Over 80 participants, including representatives of Members and Observers, members of the Fifth, Sixth and Seventh Working Groups and invited guests, attended the Meeting. 

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     The Meeting was held in two sessions. Ms. ZHANG Xiaoxia, adjunct professor of BUSCA, hosted the first session. Professor Mr. JIANG Jun, Dean of School of Economics and Management Engineering of BUSCA, delivered the welcome speech on behalf of BUSCA, the organizer of the Meeting. “Nowadays, the construction industry asks for a higher demand of legal professions, and the Permanent Forum provides such a wonderful platform for communication combining construction and law” said Mr. JIANG. He hoped that the Permanent Forum would continue to contribute to the development of China construction law. Mr. CHEN Fuyong, president of the Permanent Forum, gave the opening speech and sent his best wishes to the Permanent Forum, hoping that it will distinguish itself from other industry associations or organizations and will go further abroad to embrace international development.
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  Ms. ZHANG Xiaoxia, adjunct professor of BUSCA, hosted the first session


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      Mr. JIANG Jun, Dean of School of Economics and Management Engineering of BUSCA, gave the welcome speech


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      Mr. CHEN Fuyong, Deputy Secretary-General of BAC/BIAC, delivered the opening speech

     

     Secretary General Mr. JIA Shen and Chair of Expert Advisory Committee Mr. XIN Zhengyu reported on the recent development of the Permanent Forum respectively. Mr. JIA introduced the influence of Members and Observers on the Permanent Forum, the purpose and internal logic of establishing Working Groups and the work products of the Permanent Forum by way of a vivid question-and-answer interaction with Mr. SUN Wei, Secretary General of the Permanent Forum. Mr. JIA was expecting more talents to join in the Permanent Forum and he hoped that the Permanent Forum would provide more events and seminars for its continuous development. Mr. XIN Zhengyu reported on the duty of Expert Advisory Committee and the contribution the Committee and Members made to the Permanent Forum in terms of international communication.
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      Mr. JIA SHEN, Deputy Division Chief of CIETAC Career Development Division, reported on the development of the Permanent Forum


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      Mr. XIN Zhengyu, Senior Counsel of Tian Tong Law Firm, reported on the development of the Permanent Forum

     

     Mr. LI Zhiyong, Deputy General Manager of Law and Risk Management Department of POWERCHINA International Group Limited, and Mr. XIE Xuefeng, Judge of Beijing Third Intermediate People’s Court reported on the working progress of the Sixth and Seventh Working Groups respectively. Mr. LI introduced the Sixth Working Group through the research purpose, publication schedule, methodology of research and constitution of members. Mr. XIE focuses on the key points of the research topic via introducing the development of technology and Internet plus, and reported on the working progress of the Seventh Working Group through the background of research topic, basic information of the members and content of the research.
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      Mr. LI Zhiyong, Deputy General Manager of Law and Risk Management Department of POWERCHINA International Group Limited, reported on the working progress of the Sixth Working 


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      Mr. XIE Xuefeng, Judge of Beijing Third Intermediate People’s Court, reported on the working progress of the Seventh Working Group

     

     Mr. WANG Chunjun, partner of Beijing King & Capital Law Firm and Mr. GUO Xinglong, director of Shandong Fuze Law Firm offered their views on the development of the Permanent Forum from different perspectives.
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      Mr. WANG Chunjun, partner of Beijing King & Capital Law Firm and representative of Observers, provided his opinion on the development of the Permanent Forum


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Mr. GUO Xinglong, director of Shandong Fuze Law Firm, 

offered his view on the development of the Permanent Forum

     

       The second session focused on the work product of the Fifth Working Group and was hosted by the Deputy Secretary-General Ms. FAN Qijuan. Mr. DONG Lianhe, Vice Chair of the Permanent Forum, Deputy Director of Shenzhen International Arbitration Commission (Shenzhen Arbitration Commission) and member of the Fifth Working Group, introduced the background of the work product -- Guidance on Evidence in Disputes over Construction Contracts (the “Guidance”). He pointed out that members of the Working Group conducted an in-depth research on litigation and arbitration cases, relevant laws and regulations, judicial interpretations and industry norms. He hoped that the Guidance would on one hand provide instructions for parties in terms of burden of proof, purpose of the evidence, and gathering and management of evidence, and on the other hand provide reference to judges and arbitrators to adjudicate cases in a clear and logic manner. Mr. CHANG Honglei, Vice Chair of the Permanent Forum, Deputy General-Secretary of Shijiazhuang Arbitration Committee and member of the Fifth Working Group, introduced the meaning of the research topic and analyzed the limitation of the Guidance from perspectives of content, opinions and time. Mr. LI Mingyou, Secretary-General of Huainan Arbitration Commission and member of the Fifth Working Group, shared the influence and value of the Guidance based on his rich experience in arbitration. 
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      Ms. FAN Qijuan, Deputy Division Chief of the First Case Management Division of Shenzhen International Arbitration Commission (Shenzhen Arbitration Commission) and Deputy Secretary-General of the Permanent Forum, hosted the second session 


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      Ms. FAN Qijuan, Deputy Division Chief of the First Case Management Division of Shenzhen International Arbitration Commission (Shenzhen Arbitration Commission) and Deputy Secretary-General of the Permanent Forum, hosted the second session 


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      Mr. CHANG Honglei, Deputy General-Secretary of Shijiazhuang Arbitration Committee, introduced the meaning of research topic


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      Mr. LI Mingyou, Secretary-General of Huainan Arbitration Commission, introduced the value of the Guidance

     

      Mr. TANG Lei, Co-Convener of the Fifth Working Group, introduced the overall structure of the Guidance. Mr. QI Peibing, Mr. ZHOU Liming, Mr. TANG Lei, Mr. CHEN Min, Mr. GAO Yinli and Mr. CAO Wenxian introduced six main chapters of the Guidance, including the subject of contract and litigation (arbitration), validity of contract, price of project, priority of compensation for construction project, project delay and claim, and quality and warranty. Mr. XU Yinzhe, Mr. ZHU Yongchao, Mr. Yu Tao, Mr. WANG Chunjun, Mr. ZHANG Peiliang, Mr. YUAN Haibing, Mr. LIN Yongquan, Mr. CHEN Jie, Mr. LI Gaolai, Mr. GUO Xinglong, Mr. TAN Zhongwen, Mr. XIE Yuli and other participants delved into major articles and issues of the Guidance such as the priority of compensation for construction project, the exemption of liability for contractors during warranty period, the proof of case by designer of a project and unilateral (ex parte) entrustment of quality appraisal. Members of the Fifth Working Group listened to suggestions and opinions of participants and prepared to refine and perfect the Guidance for better use and application.


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      Mr. QI Peibing, Senior Counsel of Fangda Partners, explained the first chapter of the Guidance


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      Mr. ZHOU Liming, Judge of Ningbo Beilun People’s Court, elaborated on the second chapter of the Guidance


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      Mr. TANG Lei, Senior Counsel of Beijing Tiantong (Nanjing) Law Firm, introduced the third chapter of the Guidance


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      Mr. CHEN Min, Partner of Beijing Guolian Law Firm, introduced the fourth chapter of the Guidance


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      Mr. GAO Yinli, Senior Counsel of Beijing Cyan Law Firm, explained on the fifth chapter of the Guidance


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      Mr. CAO Wenxian, Senior Counsel of Tiantong Law Firm, introduced the sixth chapter of the Guidance

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      Mr. ZHU Yongchao, representative of Members from Maanshan Arbitration Commission, was asking questions on the Guidance


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      Mr. TAN Zhongwen, representative of Observers from AVIC Institute of Geotechnical Engineering Co., Ltd., was asking questions on the Guidance


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      Mr. Xu Yinzhe, Partner of Shanghai City Development Law Firm, was asking questions on the Guidance

     

     Secretary-General Mr. SUN Wei concluded the discussion and briefly introduced the working arrangement for the Fifth, Sixth and Seventh Working Groups. He also mentioned that the Eighth and Ninth Working Groups will begin their works starting this September. Mr. SUN sincerely offered the participants to join in the working groups and form a legal community of mutual respect where members can learn from each other. 
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      Mr. SUN Wei, Partner of Zhong Lun Law Firm, gave a summary speech in the Meeting

     

      Mr. ZHAO Jian delivered the closing remarks in which he conveyed his gratitude to all Members and Observers, participants, members of the working groups and BUCEA.


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      Mr. ZHAO Jian, Deputy Secretary-General of CIETAC, gave the closing speech


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      The Permanent Forum conveys its sincere gratitude to Beijing University of Civil Engineering and Architecture for the organization of the Meeting.