From November 5th to 10th, 2019, the second China International Import Expo, which attracted worldwide attention, was grandly held in Shanghai National Convention and Exhibition Center. On the afternoon of the 8th, the “Belt and Road” International Freight Logistics Development Summit Forum was held on December 7, 2019 by the China Maritime Arbitration Commission (hereinafter referred to as “CSC”), China International Freight Forwarders Association, China Shipowners Association, and All China Lawyers Co-sponsored by the Maritime and Maritime Professional Committee of the Association, the China Foreign Trade and Economic Cooperation Enterprise Association and the China Chemical Circulation Association Warehouse Branch as the supporting units of the "Special Environment International Trade and Shipping Legal Risk Prevention and Arbitration Practice Forum" (hereinafter referred to as the "Forum") Held in Beijing. This forum is one of a series of activities to commemorate the 60th anniversary of the establishment of China Haizhong, attracting more than 150 representatives from arbitration, business, academia, and lawyers.

 

China Merchants Group Transportation and Logistics Division, Deputy Head of the Beijing Headquarters of the Group, and Director of the Legal Work Committee of the China International Freight Forwarders Association (hereinafter referred to as the "Freight Forwarding Association") Yang Yuntao was commissioned by the Secretary General of the Freight Forwarding Association, Li Zhimin, to deliver an opening speech on behalf of the Freight Forwarding Association. He first congratulated the 60th anniversary of the establishment of China Haizhong, and then he said that China Haizhong and the freight forwarding association have a long history of cooperation. China Haizhong has organized legal training for freight forwarding companies for many times and organized industry experts to help draft the "Freight Forwarding Agency". The "Model Agreement Clauses" have received enthusiastic response in the industry. In July this year, China Ocean Shipping and the Freight Forwarding Association jointly visited and surveyed the first-line freight forwarding companies, answering doubts for enterprises, and analyzing in detail the doubts, difficulties and hot spots in practice, and escorting enterprises to "go out". He hoped that in the next stage, China Shipping and the Freight Forwarding Association will continue to deepen exchanges and cooperation, exert synergies, actively explore and innovate, and more effectively support the development of my country's shipping industry.

 

In his speech, Gu Chao, Secretary-General of China Maritime Zhong said that in recent years, global trade and shipping industry have coexisted challenges and opportunities, and are ushering in the key development "node" of the same frequency resonance of multiple factors, in order to actively adapt to the new situation of the international economic and trade industry. Changes, reduce the risk of international trade and shipping, we should integrate legal risk prevention and maritime legal community construction into its development process, and work together to promote the new development of China's trade and shipping. In this context, all parties should pay attention to the following three aspects:

 

Pay attention to preventing new legal risks under special circumstances; Pay attention to the role of diversified dispute resolution services such as arbitration; Cohesion of the joint force of the maritime legal community. Hope that through the joint efforts of all parties, 　　Promote the high-quality development of China's foreign trade, shipping and maritime arbitration.

 

Agenda item "Prevention and Response of International Trade Legal Risks in Special Environments" was chaired by Chen Bo, Deputy Secretary General of China Haizhong and Vice President of the Arbitration Court.

 

Zhang Guoxun, senior legal advisor of Zhong Lun Law Firm and China Maritime Arbitrator, spoke on the theme of "Export Control and Economic Sanction Risk Prevention in the Context of Sino-US Trade Friction." From the concept, connotation and classic cases of export control and economic sanctions Starting from, the detailed analysis of the trade compliance risks that shipping companies may face, and through the demonstration of good practices of Chinese companies, remind enterprises of possible measures for trade compliance risk prevention, and provide valuable legal risk prevention suggestions for enterprises.

 

Li Lianjun, a partner of Lie De Qi Boli Law Firm and China Maritime Arbitration Arbitrator, entitled "Latest Developments of International Sanctions Laws and Impact on International Trade and Shipping", combed the basic situation of current international economic sanctions and introduced the United States, the European Union, The latest developments in sanction-related laws in mainland China and Hong Kong, and suggestions on how companies can make full adjustments to sanctioned companies. Finally, he analyzed the latest US sanctions policy against Chinese shipping companies, and suggested that Chinese companies should establish and improve a compliance system to deal with the possible adverse effects of international sanctions laws.

 

Song Anqi, the legal adviser of the Transportation and Logistics Division of China Merchants Group/Beijing Headquarters Risk Management Center, gave a detailed discussion on "Maersk's 2017 Cyber ​​Attacks", introduced the basic situation of current cyber crimes, and According to FIATA's "Best Practice Guide for Preventing Cybercrime" and other regulations, it provides detailed and reliable recommendations for cybercrime risk prevention and control measures for freight forwarding companies.

 

Jin Yong, president of the China Chemical Circulation Association Warehousing Branch and CEO of Youku Technology (Tianjin) Co., Ltd., on the topic of "Revitalizing the Great Value of Goods in Warehousing-Innovation and Exploration of Blockchain Warehouse Receipts" The project overview, the technical points of the blockchain warehouse receipt, the value creation and sharing of the blockchain warehouse receipt, and the legal responsibility of the warehouse area in the blockchain warehouse receipt are introduced in detail to help the shippers to realize the electronic warehouse receipt platform. Provided new solutions for financing and reliable bank monitoring.

 

Professor Zhang Yongjian of Dalian Maritime University, China Maritime Arbitrator Zhang Yongjian, in his speech "Analysis of New Problems Occurred in the Delivery Process of Boxed Goods-Issues Concerning the Collection of Container Mortgage Fees from Consignees", the actual case was used to introduce the packing New issues worth considering in the process of delivery of goods, and interpreted around the reasonability and legality analysis of the reasons for deposit requirements. He said that reasonable claims need to be guaranteed and implemented through legal channels (means).

 

(From top to bottom: Chen Bo, Deputy Secretary-General of China Haizhong and Vice President of the Arbitration Institute, Senior Legal Advisor of Zhonglun Law Firm, Zhang Guoxun, China Maritime Arbitrator, Partner of Li De Qi Boli Law Firm, China Argentine arbitrator Li Lianjun, China Merchants Group Transportation Logistics Division/Beijing Headquarters Risk Management Center Song Anqi, Chairman of China Chemical Circulation Association Warehouse Branch, CEO of Youku Technology (Tianjin) Co., Ltd. Jin Yong, Professor of Dalian Maritime University, PhD Supervisor, China Zhang Yongjian, senior arbitrator of Haizhong)

 

Item 2 "Practice and Analysis of Arbitration Hotspots" was chaired by Xie Changqing, Deputy Secretary General of China Haizhong. The director of China Maritime Aviation Dispute Arbitration/Mediation Center, a senior expert in the civil aviation field, and China Maritime Arbitrator Nie Ying first analyzed the application of arbitration in the aviation field with a funny and humorous speech style around the theme of "corporate consideration of arbitration superiority". Superiority. Based on the in-depth understanding of corporate practice, he believes that due to the characteristics of confidentiality, expert judgment, efficiency and speed, arbitration should play a greater role in the commercial field, and professional and efficient mediation and arbitration methods should become the most important for enterprise dispute resolution Excellent choice.

 

Jiang Lili, secretary-general and vice president of the Arbitration Research Institute of China University of Political Science and Law and China Maritime Arbitrator, described the difference between commercial arbitration and civil litigation under the title "Arbitration Clause Arrangement and Corporate Risk Prevention and Control", and answered why the arbitration clause can be " "Arrangement", how arbitration clauses should be "arranged", what content of arbitration clauses can be "arranged" three core issues of arbitration clauses; In particular, we should rely on China Maritime Transport to build a benign arbitration ecosystem for maritime and commercial affairs, in order to promote the rule of law and civilized ecosystem Co-construction and development.

 

Song Dihuang, a partner of Huizhong Law Firm and an arbitrator of China Haizhong, spoke about "how parties can better prepare and respond to arbitration procedures". He believes that companies should pay special attention to "3K" when participating in arbitration, that is, "Know the parties\" Know the rules\Knowyour case", should carefully select the transaction object, set the arbitration clause, and fully understand and master the case, and formulate a physical claim or defense plan for the case to filter unnecessary risks.

 

Wuhan Maritime Court Judge Wang Bo shared the speech entitled "Correct posture to be preserved before arbitration" with the participants in a witty and humorous style. Starting from the judge's psychology of hearing arbitration cases and the judge's determination of the effectiveness of the arbitration agreement, he interpreted the respect and support of Chinese courts for arbitration in detail, and analyzed some important matters that parties should pay attention to in arbitration through vivid cases.

 

Yingtai Law Firm Partner and China Maritime Arbitrator arbitrator Chen Youmu shared on the topic of "Feelings and Suggestions of Chinese Enterprises in Overseas Arbitration". He said that current Chinese parties generally have adverse factors such as language barriers, cultural barriers, and cost confusion in overseas litigation. Risk prevention and control should be carried out from various aspects such as arbitration rules, arbitrator selection, and arbitration language selection, in order to crack the current overseas arbitration of Chinese companies. Dilemma.

 

Topic 3 "Opportunities and Challenges in the Shipping Industry under Special Trade Environment" was chaired by Zheng Changwei, Director of the Research Office of Tianjin Maritime Court. Sheng Zunkuo, vice president of Yihailan, took the topic of "maritime arbitration from the perspective of shipping data" and took a practical case as an entry to vividly interpret the core of data in the application of maritime arbitration in maritime accidents, maritime disputes, and maritime law enforcement. problem.

 

The founder, senior partner of Shanghai Kairong Law Firm, and China Maritime Arbitrator Jin Yulai took the title of “About the Identification Standards of Delivery Shippers under the Maritime Law—Two Cases that Domestic Exporters Should Pay Attention to”, Through careful combing of two classic cases in the industry, it analyzes issues such as the identification of the delivery shipper, the identification standard of the delivery shipper and the confirmation of the statutory scope, in order to discuss the risk prevention of international trade fraud. He said that the two cases were of great significance and played a positive role in promoting the establishment and development of a good international image of my country's justice.

 

Zhang Xubo, President of Renxiang Insurance Appraisal Co., Ltd. and China Maritime Arbitrator, took the topic of "Site Investigation and Appraisal Practices of Cargo Transportation Disputes" and guided the classic cases to analyze the common problems in cargo surveys carefully. This provides enterprises with highly operational risk prevention guidance, and reminds enterprises to also pay attention to the prevention of time limitation, assistance and other legal issues that may be involved.

 

Huang Shanyue, Deputy Director of the Claims Management Department of the Liability Insurance Department of the Claims Division of the People's Insurance Company of China Co., Ltd., took the topic of "Political Factors in Cargo Insurance" and introduced the sanctions, wars, and piracy from the perspective of insurance companies. The basic situation of the political factor event and introduced the adverse effects that it can cause. In addition, he also introduced the types of insurance related to goods, which provided extremely practical guidance for enterprises to insure.

 

Associate Professor Zheng Rui of Shanghai Maritime University, with the title of "Chinese-English Jurisprudence Looks at Proof of Cases of Cargo Damages in Maritime Transport", starting from the "Civil Procedure Law", clarified the basic concept of the burden of proof. At the same time, he compared the requirements of proof in the Chinese and English jurisprudence. The relevance and differences of the issue, in detail sorting out the distribution of the burden of proof in various situations, such as the burden of proof for cargo damage caused by the ship’s unseasonability, the burden of proof for special exemptions (fire), the burden of proof for cargo damage caused by the carrier’s failure to carry out cargo obligations , Provides a vivid example and positive guidance for the company in the confirmation of the affairs.

 

During the Q&A session, the participants actively asked questions, and the speakers fully communicated with the participants on the possibility of US sanctions against Hong Kong, the transferability and credibility of warehouse receipts in the blockchain, and the atmosphere was warm.

 

In his closing speech, Gu Chao, Secretary General of China Haizhong, spoke highly of the wonderful speeches of all the host and keynote speakers of the forum, and expressed his gratitude to the co-organizers and supporters of the forum. The participants expressed their heartfelt thanks. He also expressed the hope that all circles in the future will continue to support the maritime arbitration cause and continue to deepen exchanges and cooperation; China Maritime Association is willing to work with all circles to build a theoretical and practical exchange and discussion platform, and strive to promote China's foreign trade, shipping and China's maritime arbitration cause. Quality development contributes more to the effective promotion of China's new pattern of opening up.

 

This forum is an important meeting held by CSC to serve enterprises and enhance China's foreign trade and shipping soft power. It provides a good opportunity for the connection of business operations and legal risk prevention for enterprises, and provides the theory and practice of maritime arbitration, international The sharing of arbitration concepts provides a platform to discuss in detail the legal hot spots, difficult problems and solutions in the business practice of foreign trade and shipping-related companies, and has actively promoted China's "Belt and Road", "ocean power" and "transport power" strategies. contribution.

 

Guests exchanged views with the delegates. Participants in the meeting agreed that the China Cargo Association took the initiative to hold a forum during the Expo and gave a voice from the industry, which is gratifying. China-Europe trains have become a benchmark project for the joint construction of the "Belt and Road". Industry companies should seize the Expo as a new channel to link industry upgrades and consumption upgrades, strive for progress, be brave in innovation, and push forward the "Belt and Road" interconnection to obtain new Grades.

 

It is reported that the second session of the Expo has achieved fruitful results, with 181 countries, regions and international organizations participating, and more than 3,800 enterprises participating. There are more than 500,000 registered professional visitors, including more than 7,000 overseas buyers, greatly surpassing the first. The cumulative intention turnover was US$71.13 billion, an increase of 23% over the first Expo.