China-EU School of Law Forum for Legal Professionals 2013 was held in Wenhua Hall at Yuyang Hotel at 16:00 on Oct 24, 2013. European Co-dean Prof. Aalt Willem Heringa chaired the forum. The forum was set up to build a platform in the name of CESL and to provide opportunities for dialogue and communication among legal professionals. The forum also aimed at promoting application of legal study into practice.
Prof. Aalt Willem Heringa expressed his warm welcome to all the legal professionals attended at the forum. He started the forum by introducing the foundation and development of CSEL. CESL is an inter-governmental program set up by China and European Union. It was set up for three main purposes: to train law students, to train legal professionals and to do research. Master of Chinese Law, Master of European and International Law and Chinese Law Taught in English are the three main programs to train law students. In order to train legal professionals, CESL has cooperated with the National Prosecutors College and with the National Judges College to provide tailor-made courses to prosecutors and judges. As to research, a specialized journal, China EU Law Journal, was founded to serve as a platformfor the discussion of legal questions relevant to CESL’s targets and to provide information about new legal developments in China. Prof. Heringa pointed out that CESL students stand out among all the law students for their good command of legal knowledge as well as English skills.
Later, Mr. CHEN Jihong from Zhonglun Law Firm briefly showed the main practicing area of Zhonglun Law Firm and the cooperating activities between them and CESL. He spoke highly of CESL students who worked or interned in Zhonglun Law Firm. He said their work presented strong academic ability and well-founded legal ethics, which contributed a lot to the development of Zhonglun Law Firm. He fervently expressed his invitation and welcome to all the talented CESLors.
Li Dong, a third year student of the double master program and former chairman of CESL Students’ Union, shared his life and experience in CESL. His long attention on CESL since its foundation as well as CESL’s vision drove him to CESL after four-year law study. He himself was a beneficiary of the program that he has a fruitful experience in CESL. Although study in CESL requires much more work and perspiration, it turned out to be rewarding. Chinese Law study in the first year and European and International Law study in the second year deepened CESLors’ legal knowledge on one hand, and improved their English proficiency on the other hand. As the job-hunting seasons was arriving, he talked about his own experience and wished all the CESLors a great success in their job-hunting process.
Jane Willems, a lawyer and an arbitrator serving in a big number of commercial arbitrations involving CIETAC, ICC, LCIA and UNICITRAL Rules, gave a speech on Enforcement Abroad of Chinese Arbitral Awards from a comparative perspective. She said that choosing an appropriate international instrument for arbitration is crucial for the follow-up enforcement abroad rather than experienced arbitrator or confidentiality. Her speech focused on the application of Article 5, New York Convention. She vividly illustrated the main circumstances in which Chinese arbitration award were denied enforceability by foreign courts by using cases which she has participated in. Valid arbitration agreement, due process, composition of arbitration tribunals, public policies were the main problems resulting in unenforceability. After her speech, lawyers from Deheng Law Offices and other law firms discussed with Jane Willems on the drafting of arbitration clause or arbitration agreement, language used in arbitration agreement and so on.
Shortly after tea break, Rogier Creemers talked about international development of intellectual property law in recent years. Rogier is now a post-doctoral research officer at the University of Oxford’s Program for Comparative Media Law and Policy. He was a Ph.D. student in CESL while CESL was newly founded. His speech emphasized the importance of intellectual property protection, its influence on China-EU trade relations and spread of information on intellectual property and so on. Since China had established a basic fundamental legal structure in Intellectual Property Law, the attention should be shifted into practical matters. He also pointed out that trademark abusive activities and trademark infringement occurred frequently in China. Even if the corporation has no intention to do business in China, it can not ignore the importance of intellectual property protection in China. He also called upon us to pay more attention in protecting and processing information now that we had entered into the information era.
2013 CESL Forum of Legal Professionals closed with ongoing debate in different areas.
Article by Li Bing, 2011 Double Master Student
Photoes by Lu Yunkai