International
Commercial Arbitration
and Litigation 2009
---Case study of “Wahaha-Danone Feud”,
practices and the inspirations for legal
practitioners
August 11, 2009, Shanghai
August 13, 2009, Beijing
Along with this fast-paced economic growth comes a continued increase in the volume of business opportunities and of lawsuits. China has
already become an active and expanding litigation jurisdiction. The impacts of financial crisis spreads all over the¬ world, which has led to a
dramatic increase in international arbitrations and litigations. According to the China International Economic and Trade Arbitration
Commission (CIETAC), Shanghai Branch, the number of commercial arbitrations accepted over the last 40 days of 2008 takes up 25% for
the whole year. The cases accepted in January and February 2009 increased twice compared to those of last year. Shanghai is not the
special case. According to the statistics of Financial Industry Regulatory Authority, USA, commercial arbitrations in New York and
Washington are increased in number by 54%, in Hong Kong by 14%, and up-rushed to 176 at the famous Arbitration Institute of Stockholm
Chamber of Commerce, which is a new record since 1917. Predictably, the number of international arbitrations and litigations will continue
increasing. Therefore, the techniques and experience to handle cases in this area appear significantly important.
In China, the recent dispute so-called “Wahaha-Danone Feud” has drawn the public attention to a great extent. May 21st, 2009, Hangzhou
Intermediate People’s Court of Zhejiang Province made the Final judgment to reject the application from Danone on the revocation of No.
207 ruling of Hangzhou Arbitration Commission (2007). After 38 battles at the courts inside and outside China, in the coming July the
Arbitration Institute of the Stockholm Chamber of Commerce (SCC) will conclude this case lasting over 3 years with a final arbitration. This
is one of the biggest international dispute cases since the opening-up and a classic case study of international business arbitration and
litigation. There is still a shortage of experience to handle international litigations and arbitrations at China’s law firms. Therefore,
Wahaha-Danone case has a quotable significance for legal services industry in China. On the other hand, this is also a rare opportunity for
enterprises to learn the experience of defending themselves with international arbitrations or litigations from losses.
Drawn upon the experience of Mr. Qian Weiqing of Dacheng Law Offices, the counsel to Wahaha, this seminar prepares advocates,
consultants and corporate lawyers able to approach thoroughly and analytically legal problems in the field of international commerce with
a prospective to work for legal firms or in consultancy dealing with international issues. In this seminar, you will learn:
• Case study: Wahaha vs. Danone
• Case background & Crisis Management
• Legal analysis of international arbitration and litigation
• Inspirations of the case
• Implications for solving international disputes in China
• Inspirations for legal practitioners
Who Should Attend?
• Legal directors and corporate counsel to companies
• Arbitrators
• Practising lawyers
• Legal practitioners advising international companies
• Business people involved in international trade and dispute resolution
The Professional’s First Choice
Seminar Outline
Guest Speaker: Qian Weiqing, Senior Partner, Dacheng Law Offices
• “Wahaha-Danone Feud” background
• Partnership between Wahaha and Danone - investment in trade mark right
• Cooperation pattern - control rights of sino-foreign joint ventures
• Dispute focus – profit of a billion
• Legal analysis of “Wahaha-Danone Feud”
• Dispute on the trade mark right of “Wahaha”
• Trade Competition Prohibition - Who broke the contract?
• Shareholder Representative Litigation - serial cases
• Public opinion warfare and crisis management of “Wahaha-Danone Feud”
• Three sins of Zong Qinghou
• Tax evasion storm valued 300 million
• Green Card Gate
• Track and monitor event
• Danone’s public opinion control and Zong’s crisis management
• Inspirations of “Wahaha-Danone Feud”
• Analysis of the result
• Internationalization of Chinese enterprises – culture conflicts
• Inspirations for handling corporate dispute
• Lessons for corporate risk control
• Legal strategies and tactics of both sides in the litigation
About the Speaker
Qian Weiqing, Senior Partner, Dacheng Law Offices
With abundant experience of practice, Mr. Qian specializes in various complicated civil litigations including first instance,
second instance, retrail and execution cases which have major impact on the whole country. Mr. Qian also specializes in
non-litigation legal affairs including corporate restructuring, M&A and major engineering projects. Mr. Qian has represented
the entrusting parties in dozens of major complicated litigations and brought them benefits of billions of RMB. Some of these
cases are selected and edited in the publication of Supreme Court of PRC and also in Compilation of Cases in China as classic
cases. Mr. Qian originated the first web site on legal service of restructuring of the state-owned corporations in China and
provides overall legal service for state-owned corporations, he is therefore known as an expert on corporate restructuring.
About CCH
CCH
CCH – a division of Wolters Kluwer, is a leading provider with over 100 years of experience in publishing information on law &
business, tax, accounting, financial planning and human resources with offices in China, Hong Kong, Singapore, Malaysia,
Japan, Australia, New Zealand, USA, Canada, UK and Europe. CCH China is dedicated to develop professional products on
China both in English and Chinese, tracking, reporting, explaining and analysing tax and related law in print and electronic
form for tax, accounting, legal, human resources, insurance and business professionals.
CCH Executive Events
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participants a well-balanced blend of theoretical fundamentals and practical applications.
The Professional’s First Choice
The Professional’s First Choice
SUBSCRIBERS’ DETAILS
SEMINAR DETAILS
International Commercial
Arbitration and Litigation 2009
---Case study of “Wahaha-Danone
Feud”, practices and the inspirations
for legal practitioners
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Date: August 11, 2009
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