Asia FDI Forum III - May 11-12, 2017, Hong Kong

Conference Program

Thursday, May 11, 2017:

8:30 – 9:00 Coffee and registration (GLC Foyer)

9:00 – 9:30 Welcome and opening remarks (LT2 Room)
Mr. Christopher Gane, Dean, Faculty of Law, CUHK, Hong Kong
Mr. Julien Chaisse, Professor & Director CFRED, Faculty of Law, CUHK, Hong Kong
Mr. Shen Weixing, Dean & Professor, School of Law, Tsinghua University, Beijing
Mr. Cristián Rodríguez Chiffelle, Lead, International Trade and Investment Policy, WEF, Geneva

9:30 – 11:00 Session I (LT2 Room): Drivers and Issues of China-EU Investment Relationships
Chair: Mr. Julien Chaisse, Professor & Director CFRED, Faculty of Law, CUHK, Hong Kong

  • The EU’s New Economic Diplomacy and China’s Response
    Mr. Zhang Xiaotong, Executive Director, Centre for Economic Diplomacy; Associate Professor, Wuhan University, Wuhan
  • Political Challenges for a Comprehensive Investment Agreement between the EU and China
    Mr. Duncan Freeman, Research Fellow, EU-China Research Centre, College of Europe, Bruges
  • The Rise of the RCEP: Regional Multilateralism and its Impact on EU-China BITOlga Boltenko, Counsel, International Arbitration Practice, CMS Hasche Sigle, Hong Kong
  • Lead discussants followed by Q&As
    Mr. Manjiao Chi, Professor, Faculty of Law, Xiamen University, Xiamen
    Mr. Chao Xi, Professor & Assistant Dean (Graduate Studies), Faculty of Law, CUHK

11:00 – 11:30 Coffee Break (GLC Foyer)

11:30 – 13:00 Session II (LT2 Room): New Generation of EU Investment Treaties: Insights from Korea-EU, Singapore-EU, and Vietnam-EU
Chair: Mr. Denis Edwards, Professional Consultant, Faculty of Law, CUHK, Hong Kong

  • EUSFTA and TPP: Lessons for Investment Rule-making
    Ms. Danielle Yeow, Deputy Director-General, International Affairs Division, Attorney-General's Chambers, Singapore
  • Investment Related Provisions in the EVFTA: Implications for Vietnam’s Policy Reforms
    Ms. Binh Duong Nguyen, World Trade Institute, Switzerland; Senior Lecturer, Foreign Trade University, Hanoi
  • EU’s FTA/BIT Pre- and Post-Lisbon Treaty: For Better or Worse?
    Mr. Sungjin Kang, General Counsel, Gymworld Co. Ltd.; Adjunct Professor, Korea University, Seoul
  • Taiwan-EU: in the Shadow of EU-PRC
    Mr. Chien Huei Wu, Associate Professor, Institute of European and American Studies, Academia Sinica, Taipei
  • Lead discussants followed by Q&As
    Mr. Federico Lupo Pasini, Lecturer, School of Law, Queen’s University Belfast, Belfast
    Mr. Junkyu Lee, Principal Economist, Asian Development Bank, Manila

13:00 – 14:30 Lunch (For speakers and invited guests only)

14:30 – 16:00 Session III (LT2 Room): China’s Evolving Foreign Investment Laws and Policies
Chair: Ms Teresa Cheng, Professor, Tsinghua University, Beijing

  • From SEZs to FTZs: An Evolutionary Change for China's Policy to Attract Foreign Investment
    Mr. Jiaxiang Hu, Professor, Shanghai Jiao Tong University, Shanghai
  • China’s Investment Rule-Making: Interaction Between International Commitments and Domestic Agendas
    Ms. Frances Wang, Senior Research Assistant, Faculty of Law, CUHK, Hong Kong
  • EU-China Economic Relations: Interactions and Barriers
    Mr. Pascal Kerneis, Managing Director, European Services Forum, Brussels
  • Three Key Words of the Draft Foreign Investment Law
    Mr. Qing Ren, Partner, Global Law Office, Beijing
  • Lead discussants followed by Q&As
    Mr. Li Ka-Yin, Consultant, AnJie Law Firm, Beijing; Fellow and Council Member, The Hong Kong Institute of Directors, Hong Kong
    Ms. Rebecca Silli Partner, Minter Ellison, Hong Kong

16:00 – 16:30 Coffee Break (GLC Foyer)

16:30 – 18:00 Session IV (LT2 Room): The "One Belt, One Road" Strategy Impact on EU-China FDI Relationships
Chair: Ms. Lü Xiaojie, Associate Professor, School of Law, Tsinghua University, Beijing

  • China's Development Role in ‘One Belt One Road’: Implications for EU-China Relationships
    Mr. Huiyao Wang, President, Center for China and Globalization (CCG); Counselor, China State Council, Beijing
  • OBOR in the Context of China-EU FDI and China’s Evolving Economic Diplomacy
    Mr. Donald J. Lewis, Professor (Adjunct), Department of Economics, Law and International Business, School of Management, University of San Francisco, San Francisco
  • OBOR and Dispute Resolution
    Mr. Guiguo Wang, President, International Academy of the Belt and Road, Hong Kong; Professor, Tulane University Law School, New Orleans
  • Lead discussants followed by Q&As
    Ms. Lin Jacobsen, Legal Manager, Ogier, Hong Kong
    Mr. Dennis Cai, President of Policy and Compliance, Dot Trademark TLD Holding Company Ltd.

 

Friday, May 12, 2017:

8:30 – 9:00 Coffee and registration (GLC Foyer)

9:00 – 10:30 Session V-A (LT2 Room): China-EU: Towards Innovation in Rule-Making?
Chair: Mr. Julien Chaisse, Professor & Director CFRED, Faculty of Law, CUHK, Hong Kong

  • Refining the Expropriation Clause: What Would the Proportionality Test Bring?
    Ms. Catharine Titi, Research Scientist, French National Centre for Scientific Research (CNRS); Member of the CREDIMI, Faculty of Law, University of Burgundy, Dijon
  • Non-discrimination Standards in China's BITs - A Potential Clarity for the EU-China BIT?
    Mr. Shen Wei, Dean & Professor of Law, Shandong University Law School, Jinan
  • EU-China Negotiations: Towards a FET Clause Fair for All
    Ms. Flavia Marisi, PhD Cand. and Senior Research Assistant, Faculty of Law, CUHK, Hong Kong
  • Lead discussants followed by Q&As
    Ms. Jane Willems, Associate Professor, School of Law, Tsinghua University, Beijing
    Mr. Sun Yingzhe, PhD. Cand., School of Law, UIBE Beijing; Visiting Fellow, CFRED, Faculty of Law, CUHK, Hong Kong

9:00 – 10:30 Session V-B (LT1 Room): The Challenges of Sustainable Investment
Chair: Mr. Cristián Rodríguez Chiffelle, Lead, International Trade and Investment Policy, World Economic Forum, Geneva

  • An Indicative List of Sustainable Investment Characteristics
    Mr. Karl P. Sauvant, Resident Senior Fellow, Columbia Center on Sustainable Investment; Theme Leader, ICTSD/WEF Task Force on Investment Policy, New York (via videoconference)
  • SDGs and business
    Ms. Mayling Chan, Director, International Programme Unit, Oxfam, Hong Kong
  • The Issue of Sustainable Development in the Making of China-EU BIT
Mr. Manjiao Chi, Professor, Faculty of Law, Xiamen University, Xiamen
  • Lead discussants followed by Q&As
    Ms. Marit Nilses, ‎Economic Affairs Officer, Trade and Investment Division, UN-ESCAP, Bangkok
Ms. Yan Xu, Assistant Professor & Director CFRED, Faculty of Law, CUHK, Hong Kong

10:30 - 11:00 Coffee Break (GLC Foyer)

11:00 – 12:30 Session VI-A (LT2 Room): China-EU: Towards Innovation in Rule-Making? (II)
Chair: Mr. Julien Chaisse, Professor & Director CFRED, Faculty of Law, CUHK, Hong Kong

  • Treaty Shopping: Relevant Aspects for the EU-China BIT
    Ms. Jorun Katharina Baumgartner, Programme Officer, UNCTAD, Geneva
  • Emerging Regulatory Issues for Financial Services in the New Generation of FTAs
    Mr. Federico Lupo Pasini, Senior Lecturer, School of Law, Queen's University Belfast, Belfast
  • Competitive Neutrality and SOEs Reform: Emergence of an EU Doctrine?
Mr. Dini Sejko, PhD Cand., Faculty of Law, CUHK, Hong Kong
  • Applying General Exceptions to International Investment Agreements – Risks and Effectiveness
    Mr. Andrew D. Mitchell, Professor, Melbourne Law School, Melbourne
  • Lead discussants followed by Q&As
    Ms. Danielle Yeow, Deputy Director-General, International Affairs Division, Attorney-General’s Chambers, Singapore
    Mr. Adam Bryan, Registered Foreign Lawyer, Allen & Overy HK

11:00 – 12:30 Session VI-B (LT1 Room): EU Competence on Foreign Investment: Promises and Pitfalls
Chair: Mr. Pascal Kerneis, Managing Director, European Services Forum, Brussels

  • The Competence to Conclude EU’s New Generation of FTAs: Lessons from Opinion 2/15
    Ms. Eleftheria Neframi, Professor, Faculty of Law, University of Luxembourg, Luxembourg
  • The Potential Role of Sustainability Impact Assessment in the EU-China BIT Negotiations
Mr. Fernando Dias Simoes, Assistant Professor, Faculty of Law, University of Macau, Macau
  • China, the US and the EU: Closer than ever to Uniform Standards of International Investment Law?
    Mr. Giuseppe Matteo Vaccaro-Incisa, Assistant Professor, IÉSEG School of Management, Paris; Visiting Fellow, CFRED, Faculty of Law, CUHK, Hong Kong
  • Lead discussants followed by Q&As
    Mr. Simon Lacey, Global Government Affairs - International Trade and the Digital Economy Leader, Huawei Technologies, Shenzhen
    Mr. Fahad Khan, Economist, Regional Cooperation and Integration Division, Asian Development Bank, Manila

12:30 – 14:00 Lunch (For speakers and invited guests only)

14:00 – 15:30 Session VII (LT2 Room): From Investor-State Arbitration to a Permanent Investment Court? Systemic Issues
Chair: Ms. Jane Willems, Associate Professor, School of Law, Tsinghua University, Beijing

  • Deep Reform of Investment-related Dispute Settlement? Putting the EU's Investment Court System into Context
    Ms. Nathalie Bernasconi-Osterwalder, Group Director, Economic Law & Policy, IISD, Geneva
  • How Much of a Court? The EU Investment Court System as a Creeping Multilateralization Project
    Ms. Joanna Jemielniak, Associate Professor, Centre of Excellence for International Courts, Faculty of Law, University of Copenhagen, Copenhagen
  • How to Get a Multilateral Investment Court Started: Options and (Chinese and EU) Perspectives
    Mr. Marc Bungenberg, Professor & Director of the Europa Institute, Saarland University, Saarbrücken
  • UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration
    Mr. Joao Ribeiro, Head of the UNCITRAL Regional Centre for Asia and the Pacific, Seoul
  • Lead discussants followed by Q&As
    Ms. Manini Brar, Deputy Counsel, Secretariat of the ICC Court of Arbitration-Asia Office, Hong Kong
Ms. Catharine Titi, Research Scientist, French National Centre for Scientific Research (CNRS) and Member of the CREDIMI, Faculty of Law, University of Burgundy, Dijon

15:30 – 16:00 Coffee Break (GLC Foyer)

16:00 – 17:30 Session VIII (LT2 Room): From Investor-State Arbitration to a Permanent Investment Court? Procedural issues
Chair: Mr. Mark Feldman, Associate Professor, School of Transnational Law, Peking University, Shenzhen

  • Investor-Mediation in the Context of EU-China Negotiations
Ms. Carrie Shu Shang, ADR Counsel, Hong Kong International Arbitration Centre (HKIAC), Hong Kong
  • The Appellate Option: Promises and Pitfalls
Mr. Matthew Hodgson, Partner, Allen&Overy, Hong Kong
  • The Enforcement of Awards: Still a Long March Away?
    Mr. Emmanuel Jacomy, Partner, International Arbitration Group, Shearman & Sterling, Beijing
  • Lead discussants followed by Q&As
    Ms. May Tai, Partner, Herbert Smith Freehills, Hong Kong
    Mr. Romesh Weeramantry, Foreign Legal Consultant, Clifford Chance, Hong Kong

17:30 – 18:00 Closing remarks
Mr. Christopher Gane, Dean, Faculty of Law, CUHK, Hong Kong
Mr. Shen Weixing, Dean & Professor, School of Law, Tsinghua University, Beijing
Mr. Julien Chaisse, Professor & Director CFRED, Faculty of Law, CUHK, Hong Kong