11月28日,國際知名權威法律評級機構(gòu)《法律500強》(The Legal 500)公布了2023年度中國仲裁影響力(The Arbitration Powerlist: China)榜單,此次排名為The Legal 500對中國地區(qū)仲裁領域個人影響力的首次關注。天達共和律師事務所管委會主任周琦、北京辦管理合伙人、爭議解決部負責人紀超一、爭議解決部負責人葉文律師榮譽上榜。
紀超一律師接受了Legal 500 的采訪,原文請見以下:
What are the most impressive cases you have worked on as counsel?
I have worked on several impressive cases as counsel, one of which includes an ICC arbitration in Hong Kong, where I represented a PRC state-owned company. We claimed about$110m against a Ukrainian bank over a dispute on letters of guarantee. Apart from the arbitral procedure, the Ukrainian bank brought a series of lawsuits before the Ukrainian court to try to invalidate not only letters of guarantee and relevant agreement but also the arbitration clause. The lawsuits went straight to the Ukrainian Supreme Court. We finally won both the ICC arbitration and the Ukrainian litigation, and the arbitral tribunal ordered the Ukrainian bank to compensate all our legal costs.
The second case was a CIETAC-managed but ICC rules-applied arbitration case. This combination made the procedural matters very challenging. In this case, I represented an American multinational enterprise against four Chinese leading insurance companies. The dispute involved the quality and design of large generator sets.
The third case was a CIETAC arbitration, of which was the counsel for an American enterprise, a world-leading commercial real estate developer and operator. We were the respondent and were asked for huge compensation. However, we decided to make a counterclaim against the claimant, a Singaporean fund. After many rounds of negotiation in the arbitral procedure, we finally helped our client settle all the disputes and reached the best deal imaginable.
How would you describe your firm's arbitration practice in the wider region? What strengths does it have as a wider group of attorneys?
Our arbitration practitioners always establish a trusting relationship with our clients because we always try our best to understand our clients ’commercial purposes and put ourselves in their shoes to understand their pressure and position. We have a stronger sense of responsibility than all others and are always approachable. We never give doctrinal or empty legal advice; our advice is always insightful and applicable.
As someone with extensive experience in representing large companies, how do you determine the appropriate remedy or resolution in a dispute?
First, I try my best to understand clients' commercial purposes and why they are under pressure. I see my team and I not as external counsel to our clients, but as an extension of the legal department. Hence, our target is always in line with those of our clients.
Secondly, we are skilled at helping clients balance legal risks, costs and commercial benefits to make an accurate decision that maximizes business benefits at minimal cost.
How do you ensure your neutrality and impartiality when arbitrating a dispute?
I carefully carry out conflict checks before accepting any appointment and strictly follow the rules of disclosure -IBA rules and any specific rules of arbitration institutions -throughout the entire arbitral procedure.
When I perform my duty as an arbitrator, l am very careful to avoid any communication, meeting or activities that raise the doubts of any party about my unbreakable adherence to the principles of independence, neutrality and impartiality as an arbitrator.
In your opinion, what unique skills are needed for arbitrators acting as counsel for Fortune 500 companies?
The ability to truly understand the commercial purposes and pressure points of clients is important. Good counsel must think further than external counsel and not just provide safe solutions; these solutions must also be workable.
天達共和的爭議解決業(yè)務處于業(yè)界領先地位。長期為跨國企業(yè)、國有資本、民營資本、金融機構(gòu)等境內(nèi)外客戶提供專業(yè)、高效、可預期的糾紛解決方案與服務,幫助客戶應對國內(nèi)訴訟、國內(nèi)仲裁、國際仲裁、跨境糾紛下的不同挑戰(zhàn)并取得令客戶滿意的結(jié)果。天達共和爭議解決團隊擅長處理重大、疑難、復雜的訴訟與仲裁案件,所承辦的諸多代表性案件被最高人民法院及中國國際經(jīng)濟貿(mào)易仲裁委員會作為案例收錄。天達共和爭議解決團隊不僅精于訴訟與仲裁,同時深刻理解各個行業(yè)的商業(yè)實踐,能夠準確把握客戶的商業(yè)訴求,幫助客戶平衡商業(yè)風險,備受境內(nèi)外客戶與法律媒體的贊譽。
The Legal 500已有三十多年歷史,是世界公認的著名法律評級機構(gòu)之一,其每年對全球超過150個法域的律所及律師進行排名與推薦,在業(yè)內(nèi)具有廣泛的市場影響力。其嚴格的評級標準反映出獲推律所和律師都是界內(nèi)的佼佼者。