Organisers:
Asian Academy of International Law
AAIL Foundation
Academia Brasileira de Direito Internacional
Pontifícia Universidade Católica de São Paulo
Cross-Cultural, Legal and Choice of Law Issues in Multi-Jurisdictional Contracts
As a Vis East Moot affiliated event held during the 23rd Vis East Moot Week, this seminar has drawn a large audience coming from 25 jurisdictions. Professor Cláudio Finkelstein (Coordinator/Professor, Pontifícia Universidade Católica de São Paulo) started the programme with his talk on the topic of ‘Cultural Differences in the Crossroad of Different Jurisdictions’, presenting cross jurisdictional commercial interactions between Brazil, China, and Hong Kong which reflect distinct legal cultures and enforcement practices. Although all three jurisdictions support judicial cooperation, their approaches differ. Under the CISG, China commonly treats it as the default framework for international sales, while Brazilian practitioners often opt out of treaty-based rules and rely on the Brazilian Civil Code unless the CISG is expressly invoked. Negotiation styles also diverge: Chinese parties emphasise guanxi (relationship) and high context, relationship driven communication, viewing contracts as the start of cooperation; Brazilian negotiators favour detailed written protections to manage bureaucratic risk. Both countries advance digital innovation – China through Internet Courts and Brazil through extensive judicial digitalisation.
The second presentation titled ‘Enforcement of Hong Kong Arbitral Awards in the Mainland’ was delivered by Mr Adrian Lai JP (Deputy Secretary-General, AAIL), highlighting the special feature of China having 4 jurisdictions, 3 languages, 2 legal systems (civil and common) under 1 country. Despite the legal cultural differences, Adrian explained to the audience through the effort of jurisdictions under the auspice of 1 Country 2 Systems, different legal instruments including the 1999 Arrangement, the 2020 Supplementary Arrangement, and the Mainland-HK Interim Measures Arrangement, etc. were discussed and reached to resolve issues encountered in cross-border disputes, and strengthen Hong Kong’s position as a leading arbitration seat in Asia.
Moderators being Dr Thomas Law (President, National Coordination for Brazil–China Relations of the Brazilian Bar Association) and Professor Roberta Portella (Professor of Law, The International Trade Association of Brazil) who led a lively panel discussion and engaged in insightful dialogue with the audience.
The seminar was concluded by Dr Anthony Neoh SC JP (Chairman, AAIL), who reiterated the strong connections built between the distinguished Brazilian professionals and its Chinese counterparts in international arbitration and development finance, including former leaders of the AIIB, the New Development Bank, and the WTO. These collaborations highlight Hong Kong’s unique status under One Country, Two Systems: a separate common law jurisdiction whose arbitral awards are not Mainland domestic awards, yet recognised through special arrangements.
