The Lecture of China Arbitration Week in Peking University : “Dispute Resolution of Equity Transfer under Foreign Investment Law” was successfully held
The China Arbitration Week is an annual conference for the arbitration industry with the purpose of promoting the arbitration system, promoting enterprises to accept arbitration, and promoting the wide exchange of Chinese and foreign arbitrators, lawyers, scholars, and administrators of arbitration institutions. As the special event of Peking University in China Arbitration Week, on the afternoon of November 6, 2019, the theme lecture on “Dispute Resolution of Equity Transfer under Foreign Investment Law” was held in the conference room 303 of (Leo) Koguan Building of Peking University Law School. The lecturer was Prof. Ye Lin of Renmin University of China. The commentator was Li Yun, Director of the China International Economic and Trade Arbitration Commission’s Domestic Case Office, and Prof. Xu Defeng of Peking University Law School. Associate Prof. Gao Wei of Peking University Court was the host.
Prof. Ye Lin first gave a keynote report on the issue of equity transfer from the perspective of foreign investment law, explaining in detail the principles and models of equity transfer, the importance of foreign investor identification in equity transfer, and the application of the organization law of equity transfer. And ending with a case, to spark everyone’s thinking.
After that, Director Li Yun expressed his views on the issue. Director Li said that the equity transfer dispute is a typical dispute handled by the China International Economic and Trade Arbitration Commission in recent years. It accounts for 11% of the 2018 arbitration disputes, which is an important issue worthy of discussion. Director Li also stressed that the legal research related to arbitration should pay attention to the combination of theory and practice. A good arbitrator needs a comprehensive understanding of legal and factual issues.
Prof. Xu Defeng agreed with Prof. Ye Lin’s analysis of the application of the law after the introduction of the Foreign Investment Law and the possible disputes. He also suggested that academic research often simplifies the problem, while practical cases carry various complicated factors. These factors are also what we should consider when thinking about problems.
Finally, Associate Professor Gao Wei summed up the event. She hopes that everyone can understand the arbitration from this event. In the future, more talents will enter the arbitration industry and look forward to better development of China arbitration and international arbitration.
Translated by:Zhao Yongli
Edited by: Mao Chengle