On 29 October 2020, the online seminar "Contract Value, Risk Prevention and Arbitration in the E-sports Industry " was successfully held online by the China International Economic and Trade Arbitration Commission("CIETAC"), and co-organized by Sina Corporation and Migu Technology and Culture Co., Ltd. The seminar aims to gather experts and scholars to discuss industry value and measurement factors from multi-dimensional perspectives, provide thoughts on the legal risk prevention for e-sports market players, and suggestions for industry progress. Hundreds of enterprise representatives, lawyers and arbitration practitioners participated in the seminar. Llinks Law Offices participated in the preparation of the seminar as the supporting unit.
Although under the background of the pandemic in 2020, the E-sports industry has demonstrated a positive posture of rising, leading the nationwide E-sports boost. As it enters the professional and commercialized stage, complicated disputes have begun to emerge. In view of this, the seminar invited Ms. Jia Lei, head of the legal department of Migu Technology and Culture Co., Ltd., Dr. Fan Mingchao, chairman of the Arbitration Committee of the Chinese Football Association, regional director of Arbitration & ADR for North Asia at International Chamber of Commerce, Dr. Luo Xiaoshuang, visiting scholar of Swiss Comparative Law Research, Dr. Chen Feng, director of Guangdong E-sports Association Legal Committee, Judge Li Feiyi of Shanghai Second Intermediate People's Court, Attorney David Wu, partner of Llinks Law Offices, arbitrator of International Court of Arbitration for Sport and vice chairman of China Association for Sports Law, Ms. Tao Huiyun, senior legal manager of Shanghai Kuanyu Digital Technology Co., Ltd., Ms. Gu Haiyan, general legal manager of Sina Corporation, together with other judicial, arbitration, academic experts and corporate representatives.
The seminar started with a speech by Mr. Wang Chengjie, deputy director and secretary-general of CIETAC, expressing CIETAC's keen interest in E-sports. As the host of the first session of the seminar, Attorney Wu, in collaboration with Ms. Jia Lei, Dr. Fan Mingchao, Dr. Luo Xiaoshuang and Mr. Chen Feng, provided a systematic discussion on the development of the domestic industry, the nature of E-sports contracts and diversified dispute resolution mechanisms. The second part of the seminar was hosted by Dr. Fan Mingchao. Judge Li Feiyi, Attorney Wu, Ms. Tao Huiyun, and Ms. Gu Haiyan followed with their respective practical standpoints, focusing on the legal determination of losses in E-sports disputes and the application of liquidated damages, as well as analysis on the types of losses, the determination of liability for breach, and the trend of application of penalty adjustment rules. Experts at the conference generally agreed that in the evaluation of E-sports service contracts, it is necessary to take a developmental perspective and focus on the characteristics of the industry that bring together sports competition, technological innovation, multiple rights and emerging business models, consider comprehensively the potential or anticipated losses consisting of the clubs' competition/training investment and replacement cost etc., to maintain the orderly flow of talents, and ultimately create a long-term and healthy industry atmosphere.
The seminar attracted the enthusiastic participation of a number of institutional leaders, law firm partners and academic experts. During the in-depth communication with online audience, the participants put forward further innovation, sublimated the practicality of the seminar, giving the attenders a greater expectation on the industry.
