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Renmin Law School Delegation at the 3rd Geneva-Harvard-Renmin-Sydney Law School Conference

During July 17th to 18th, the 3rd Geneva-Harvard-Renmin-Sydney Law School Conference organized by Law School of Geneva University, Harvard Law School, Renmin Law School and the Law School of University of Sydney was held in Sydney. Professor Han Dayuan, Dean of Renmin Law School, Professor Zhao Xiuwen, Professor Ye Lin, Professor Tang Weijian, Associate Professor Lu Haina, Doctor Zou Qizhao and Director Chen Lei attended the conference.

The Geneva-Harvard-Renmin-Sydney Law School Conference was an annual event hosted in turn by the four universities. The previous themes were property rights and corporation governance and corporation social responsibility, which were decided jointly by the four universities.

The theme of the conference was New Directions in Dispute Resolution. The conference consists of 7 sessions: Cross-Border Commercial Disputes and International Commercial Arbitration, Dispute Settlement in Family Law, the Role of the Courts, Alternative Dispute Resolution, Dispute Resolution in Specialised Fields (I) and (II), and the Resolution of Inter-State Disputes.

The conference began with the welcome from Dean Joellen Riley of University of Sydney. Professor Riley introduced the history of the conference and reveal the importance of the different approach of disputes resolution in different counties from the historical and cultural perspective.


The first session, Cross-Border Commercial Disputes and International Commercial Arbitration, was hosted by Professor Chester Brown of University of Sydney. Professor Vivienne Bath of Sydney Law School talked Overlapping Jurisdictions and the Resolution (or NonResolution) of Disputes. She used relevant Maritime Law cases to illustrate her ideas. Professor Zhao Xiuwen of Renmin Law School spoke about Interim Measures and Emergency Arbitrator in the Global Economy. Professor Luke Nottage of University of Sydney talked about Informalisation and Globalisation of International Commercial Arbitration and Investment Treaty Arbitration in Asia.


The second session, Dispute Settlement in Family Law, was hosted by Professor Patrick Parkinson. Professor Gian Paolo Romano of University of Geneva talked about Inter-Country Disagreement on What is in the Best Interests of a Bi-national Child: Towards Bi-national Tribunals on Cross-Border Child Custody Litigation? Dr Ghena Krayem of University of Sydney shared his research on Family Dispute Resolution in Australia ¨C Meeting the Needs of Australian Muslims.


The third session, the Role of the Courts, was hosted by Professor Glenn Cohen. Tutor Sonya Willis Miiko Kumar of University of Sydney talked about Managing to Stay Relevant: Can active case management by courts modernise our most traditional form of dispute resolution? And Australian Reforms to Dispute Resolution.


The forth session, Alternative Dispute Resolution, was hosted by Professor Christine Chappuis of Geneva University. Professor Alan Rycroft of University of Cape Town talked about the Institutionalisation of Process Pluralism: The Problems and Potential of Entrenching ADR in Post-Apartheid South Africa. Professor Weijian Tang and Professor Ye Lin of Renmin Law School delivered speeches on ADR in Chinaand China¡¯s Practice: Mediation in Resolving Civil and Commercial Disputes.

The fifth session, Dispute Resolution in Specialised Fields (I), was hosted by Dean Han of Renmin Law School. Professor Marc-Andr¨¦ Renold and Dr. Alessandro Chechi of University of Geneva talked about How Does the Tension between Nationalism and Internationalism Affect Dispute Resolution in Art and Cultural Heritage Matters? Professor Glenn Cohen of Harvard University spoke about his research on Medical Tourism, Litigation, and Dispute Resolution. Tutor Patricia Lane of University of Sydney shared her opinions on Good faith, native title and resource development ¨C statute, contract, and culture in resolving mining disputes over native title land

The sixth session, the Resolution of Inter-State Disputes, was hosted by Professor Tim Stephens of Sydney University. Professor Chester Brown of University of Sydney talked about Not such a ¡°Cardinal Distinction¡±? Applicable Law in International Adjudication. Professor Julian Wyatt of University of Geneva delivered a speech on the Use of Evidentiary Approaches from the Common Law, Civil Law and International Arbitration Traditions in the Increasingly Important Fact-Finding Aspects of State-to-State Dispute Resolution

The seventh session, Dispute Resolution in Specialised Fields, was hosted by Dean Joellen Riley of University of Sydney. Associate Professor Lu Haina, Dr Qizhao Zou of Renmin Law School talked about Labor Dispute Resolution in China: Latest Developments and Challenges and Securities Dispute Resolution: Philosophy and Practice. Professor Jacques de Werra of University of Geneva made his speech on How to Solve Global FRAND Patent Licensing Disputes: Can Courts and/or ADR Offer Fair Reasonable and NonDiscriminatory Dispute Resolution Mechanisms (¡°FRANDDRM¡±)?


In the afternoon of July 17th, the work meeting of the deans of the four universities discussed the theme, schedule and cooperation issues of the forth conference on 2016. The 2016 conference will be held in Harvard University.


During the conference, the delegation also visited University of Technology, Sydney, Queensland University of Technology and University of Western Australia. The trips to the three universities strengthened the ongoing cooperation and shined some light on the new fields. For instance, the Australia-Asia Law Database of University of Technology, Sydney could have its China branch set up; a remote teaching system could be built between Renmin Law School and University of Western Australia to share the best-rated courses.


Also, the delegation paid a visit to the USAsia Center in University of Western Australia and had a discussion about the potential cooperation on environment law, human rights and so forth with CEO Mr. GordonFlake.

(Editor: Wang Yi)

 
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