On December 9, 2022, the 2th “CIETAC·She Says” Serial Seminar—Multidimensional Analysis of "Document Disclosure" in International Arbitration, co-organized by China International Economic and Trade Arbitration Commission ("CIETAC"), CIETAC Hong Kong Arbitration Center (“CIETAC Hong Kong”) and TianTong Law Firm, was successfully held. This seminar was held online with a live broadcast simultaneously on CIETAC’s WeChat video account, attracting nearly 800 viewers to watch online.
This seminar focused on "document disclosure", an important procedure often used in international arbitration. It was conducted from three perspectives of various participants in international arbitration: the arbitration institutions, the parties and the parties’s lawyers. The content and development, the application in international and domestic arbitration, and the practical experience of Chinese enterprises and lawyers of the "document disclosure" were vividly shared and discussed in depth in the seminar.
At the beginning of the seminar, Gong Yiduo, host of this Seminar and Partner of TianTong Law Firm, briefly introduced the basic concept and characteristics of "document disclosure", the importance of "document disclosure" in discovering case facts and determining arbitration strategies in complex cases, and brought up the issue of compliance of data cross-border transmission, a topic worth exploring.
In the first sharing session of the seminar, Mr. Wang Haocheng, Deputy Secretary General of CIETAC Hong Kong, analyzed the "document disclosure", an intermediary procedure of litigation under the equity law in common law areas, from the perspective of arbitration institutions, and its extended application in international and domestic arbitration. Mr. Wang Haocheng also shared two case models for applying "document disclosure" based on CIETAC Hong Kong's case management experience.
Subsequently, Zhang Ran, Legal Director of Hilong Group of Companies, and Xu Qianqian, Senior Manager of the Legal Affairs Department of China State Construction Engineering Corporation and CIETAC Arbitrator, shared with the audience in detail the matters that enterprises should pay attention to in the document disclosure in international arbitration from their rich experience, respectively.
In the end, Ms. Tang Hanjie, Partner of Herbert Smith Freehills, based on her rich agency experience, vividly explained how lawyers assisted the parties in document disclosure, how to assess and control the compliance risks of exporting data and how to formulate and implement arbitration strategies from different dimensions including initial preparation, specific practice, general documents, unfavorable documents and sensitive information.
After the sharing session, with respect to the questions raised by the audience such as the differences and comparisons of the document disclosure procedures in litigation and arbitration, the participants shared their thoughts and opinions from different perspectives.
(From left to right, from top to bottom are Ms. Gong Yiduo, Partner of TianTong Law Firm; Mr. Wang Haocheng, Deputy Secretary General of CIETAC Hong Kong; Ms. Zhang Ran, Legal Director of Hilong Group of Companies; Ms. Xu Qianqian, Senior Manager of the Legal Affairs Department of China State Construction Engineering Corporation; Ms. Tang Hanjie, Partner of Herbert Smith Freehills.)