Mutual Recognition and Enforcement of Court Judgments and Arbitral Awards between China and the US
Tue, Nov 28
|WeChat Channel
Live Streaming on WeChat Channels 2.0 Law&Legal WA CLE credits available. Please contact seattlechinesebar@gmail.com for reporting attendance.
Time & Location
Nov 28, 2023, 9:30 PM – 11:30 PM PST
WeChat Channel
About the Event
In recent years, despite tensions in China-US relations and constant economic and trade frictions, there have been significant developments and progress in the recognition and enforcement of foreign court judgments and arbitral awards in both countries. During the live streaming, Mr. Li who frequently travels between China and the US will host a discussion joined by Mr. Ye and Mr. Di both based in China and Mr. Ni based in the US, on the latest developments and practice in the mutual recognition and enforcement of judgments and arbitral awards by Chinese and US courts. Mr. Ye and Mr. Di will focus on the latest regulations and practice of Chinese courts, including key defenses in cross-border enforcement of US judgments and awards, common strategies employed by applicants, and some landmark cases. Mr. Ni will explore from the enforcers’ perspective how US courts widely recognize and enforce judgments and arbitral awards rendered by Chinese courts, and the principles and practice established by US courts in this regard. Mr. Li will moderate this discussion and introduce the effect of legal expert testimonies on the recognition of Chinese judgments and arbitral awards by US courts.
2.0 Law&Legal WA CLE credits available. Please contact seattlechinesebar@gmail.com for reporting attendance.
Agenda
13:30-15:00 Presentation on the mutual recognition and enforcement of court judgments and arbitral awards between China and the US,
including: Strategies commonly adopted by applicants for recognizing and enforcing US judgments in China, and overseas liquidators’ practice of taking over assets in China; Practical experience in the recognition and enforcement of US arbitral awards in China, and analysis of the defense strategies commonly adopted by the parties against whom enforcement is sought in the scenario of US judgments being recognized and enforced in China; Exploring from the perspective of the parties against whom enforcement is sought key defenses in cross-border enforcement of Chinese judgments, as well as the general situation and key points of cross-border enforcement of Chinese arbitral awards; The effect of legal expert testimonies on the recognition of Chinese judgments and arbitral awards by US courts.
15:00-15:30 Q&A
Speakers
YE, Zhenyong
PartnerJunHe LLP
Zhenyong (Allan) Ye has been practicing law for nearly twenty years. He has handled a large number of civil and commercial dispute resolution cases in courts of all levels and arbitration tribunals across the Chinese mainland, especially various high-profile complex cases as well as foreign-related and cross-border dispute cases. He has also participated in dispute cases administered by overseas arbitration institutions and courts such as the Hong Kong International Arbitration Centre and California courts in the United States, and thus has accumulated extensive experience and innovative practices in the fields of cross-border dispute resolution, enforcement of judgments and bankruptcy liquidation. Mr. Ye was recognized as a Recommended Lawyer in the dispute resolution field by The Legal 500 Asia Pacific in 2016 and 2018, and was recognized as the Dispute Resolution Lawyer of the Year by The Asia Legal Awards in 2017. In 2018, Mr. Ye was named one of the ALB China Top 15 Litigators by the Asian Legal Business (ALB).
DI, Qing
PartnerJunHe LLP
Mr. Di is familiar with Chinese judicial practice and has extensive experience in handling complex commercial disputes administered by arbitration institutions such as CIETAC and SHIAC, as well as by Chinese courts at all levels (including the Supreme People’s Court). Mr. Di specializes in foreign-related dispute resolution. He worked at the New York head office of one of the top dispute resolution law firms on Wall Street in the United States and handled a large number of foreign-related cases. He has represented clients in the recognition and enforcement in China of judgments and arbitral awards rendered by courts of the U.S., France, Spain, Singapore and other countries, and has assisted clients in dispute resolution proceedings in various jurisdictions such as Africa, North America, the Middle East and Europe. A case handled by Mr. Di was selected as one of the fourth “Belt and Road Initiative” typical cases of legal services by the Legal Daily. He was named a Recommended Lawyer in the field of dispute resolution by the Legal 500, Who's Who Legal and China Business Law Journal.
NI, Fei (Angus)
Founding PartnerAFN Law PLLC
After graduating from the University of Chicago with a J.D., Mr. Ni practiced arbitration at a multinational law firm and later practiced capital market-related litigation at a securities litigation firm. With many years of study and experience, he founded AFN Law PLLC which is a litigation boutique law firm located in New York and Seattle. The firm has a talent pool of experienced litigators who have many years of experience at large multinational law firms in the United States, and specializes in representing clients in a wide range of complex commercial and civil disputes before US courts of all levels throughout the country. As one of the very few attorneys who are fluent in both English and Chinese, Mr. Ni focuses on utilizing the well-developed litigation mechanisms in the United States to resolve disputes for Chinese investors and Chinese companies. Mr. Ni has extensive experience in enforcing Chinese court judgments in the United States.
LI, Qi (Adam)
PartnerJunHe LLP
With more than 30 years of practice, Mr. Li has extensive experience representing a wide range of companies, banks, funds, non-profit institutions and international organizations from different countries and regions in the areas of investment, financing, M&A, joint venture and IPO. In recent years, Mr. Li has made particular efforts to advise on cross-border mergers and acquisitions between the United States and China, bringing together parties from different cultural backgrounds to complete complex transactions. Mr. Li has also provided expert testimonies on Chinese laws in U.S. courts. Mr. Li is qualified to practice law in China, New York and Washington and is on the Board of the Seattle Chinese Bar Association. Since the beginning of his legal profession, Mr. Li has been consistently recognized as a leading lawyer in corporate, M&A and other areas. For example, he has been named as an Eminent Practitioner by Chambers & Partners, a Highly Regarded Lawyer by the International Financial Law Review, entered the Hall of Fame by the Legal 500 Asia Pacific, and consistently included in Who's Who Legal. Earlier in his career, Mr. Li co-founded another “Red Circle” law firm based in Shanghai and was recognized as one of the Top Ten Lawyers in China by the Ministry of Justice of the PRC.