On April 16, Yan Jiaying, Partner of Yaowang Law Firm, was invited to the School of Law at Southeast University to deliver a special lecture titled An Overview of International Arbitration Hearings, offering insights that blended theoretical depth with practical perspectives for both faculty and students. The lecture was chaired by Associate Professor Yi Bo of the School of Law. At the beginning of the event, Associate Professor Yi extended a warm welcome to Attorney Yan and introduced her professional experience and theoretical research. The lecture started with an interactive session, where Attorney Yan invited attending students to share their understanding of international arbitration. After listening to the students' views, she guided the audience into the specialized field of international arbitration with accessible and engaging explanations.
Attorney Yan began by addressing the core definition of international arbitration, emphasizing its growing importance in the context of globalization as an efficient means of resolving disputes in international commercial, investment, sports, and inter-state matters. She referenced key instruments such as the UNCITRAL Model Law on International Commercial Arbitration and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) to elucidate the legal framework of international arbitration. The former serves as a legislative model promoting the institutionalization of arbitration across jurisdictions, while the latter, ratified by 172 contracting states, acts as an international passport for the enforcement of arbitral awards. She also noted that China's reciprocity and commercial reservations upon acceding to the Convention reflect the alignment of local practices with international norms.
When discussing the advantages of international arbitration, Attorney Yan highlighted its strong emphasis on party autonomy, high flexibility, robust security, strong confidentiality, and expedited proceedings. Drawing from her personal experience, she also offered her own perspectives on these perceived benefits. Regarding the widely recognized challenge of relatively high costs in international arbitration, Attorney Yan shared her insights on the issue.She then provided a brief introduction to major international arbitration institutions, including:
- ICSID (International Centre for Settlement of Investment Disputes)
- ICC International Court of Arbitration
- SIAC (Singapore International Arbitration Centre)
- LCIA (London Court of International Arbitration)
- HKIAC (Hong Kong International Arbitration Centre)
- CAS (Court of Arbitration for Sport)
- CIETAC (China International Economic and Trade Arbitration Commission)
As the core segment of the lecture, Attorney Yan provided a detailed breakdown of the entire procedure of international arbitration hearings. In the pre-hearing phase, every detail—from scheduling the time and venue and preparing evidentiary documents to arranging interpretation, determining the order of witness appearances, allocating speaking time for both parties, and selecting the hearing language—requires meticulous management. During the hearing itself, opening statements must concisely articulate core claims, while the examination of fact witnesses and expert witnesses demands both advanced technique and thorough preparation. Citing examples such as the Sun Yang hearing, she demonstrated how technical aids—including simultaneous interpretation and electronic hearing systems—support cross-border proceedings, as well as the critical role of hearing transcripts.
By analyzing the Yukos Hague annulment case, Attorney Yan elaborated on the distinct role of Tribunal Secretaries in arbitration proceedings and discussed the related controversies arising from their involvement in the Yukos case.
During the Q&A session, Attorney Yan engaged in a lively exchange with students about legal practice. One student noted that the increasing saturation of the legal industry, coupled with frequent overtime work, has made many young law graduates reluctant to pursue careers in law firms. In response, Attorney Yan acknowledged the demanding nature of legal practice but emphasized that it offers a degree of freedom rarely found in other professions, adding that one's experience largely depends on the specific team they work with. When addressing the question of how to plan a career path with an interdisciplinary background, she highlighted industry trends and pointed out that law students with an engineering background hold a distinct advantage in the field of intellectual property (IP).
During the nearly two-hour lecture, Attorney Yan skillfully integrated the theoretical framework of international arbitration with practical hearing procedures, drawing on cases such as the Yukos case and the Sun Yang hearing. Not only did she provide faculty and students with practical perspectives on international arbitration hearings, but she also illuminated career direction through her professional advice, earning enthusiastic applause from the audience.