International Arbitration and Mediation Summit 2012 - IPBA Arbitration and Mediation... · Steven...
Transcript of International Arbitration and Mediation Summit 2012 - IPBA Arbitration and Mediation... · Steven...
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International Arbitration and
Mediation Summit 2012
7-8th June 2012, 5 Star Venue: Hyatt Regency, Hong Kong
SPONSORS
SUPPORTING ORGANISATIONS
9:15am - 9:25am Kluwer Introduction
Joanne Nagano, Managing Director, Kluwer Law International
9:25am - 9:30am Karel Deale – Opening
9:30am - 10:00am The Development of CIETAC Arbitration Rules
Dr Weng Ying Wang, Panel of Arbitrator's and Chief Editor
10:00am - 10:30am TBC
Paul Darling QC, Head of Keating Chambers, UK
10:30am - 11:00am Effective Advocacy in International Arbitration
Christopher K Tahbaz, Partner, Debevoise and Plimpton
11:00am - 11:30am Break
11:30am - 12:00pm Solving Disputes in Mergers and Acquisitions
Alfred Wu, Special Counsel, Fried Frank
12:00pm - 12:30pm FIDICs role in Arbitration in Asia
Dr. Gotz-Sebastian Hok, FIDIC Listed Adjudicator and Advisor, Global
Speaker
12:30pm - 2:00pm Networking Lunch
2:00pm - 2:30pm Light at the end of the tunnel? Recent Developments in Indian
Arbitration
Ajay Thomas, Registrar, London Court of International Arbitration,
India (LCIA India)
2:30pm - 3:00pm Update and Overview of the Future of Korean Arbitration
Matthew J Christensen, Partner (Foreign Legal Advisor) and Author,
Bae, Kim & Lee
3:00pm - 3:30pm Arbitration in the UAE
Gordon Blanke, Counsel, Habib Al Mulla, Kluwer Law Author
3:30pm - 3:45pm Break
3:45pm - 4:15pm Investment Disputes in Africa
Karel Deale, Partner, Head of International Arbitration, Mkono & Co,
Kluwer Law Author
4:15pm - 4:35pm Choice of Seat of Arbitration and its Implications
Dharmendra Rautray, Barrister-at-law (Lincoln's Inn), Partner
Kachwaha & Partners
4:35pm - 5:00pm Sharia Law in Commercial and Banking Arbitration
Dr. Abdulrahman Yahya Baamir, Legal Consultant and Author of
2 DAY SCHEDULE
Day 1 (Karel Deale, Chairperson) 5 Star Venue: Hyatt
Regency, Hong Kong
Book now to secure seat
For HKCCA, HKIAC, ICC,
ICDR, IPBA or CCH members
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Call 21103066 to join!
"Sharia Law In Commercial Banking Arbitration: Law and Practice in
Saudi Arabia
5:00pm - 4:45pm PANEL DISCUSSION – International Arbitration: Now and the
Future – Regions Explored
Chaired by Paul Darling QC, Chris Tahbaz, Alfred Wu, Gordon
Blanke, Ajay Thomas, Dr Weng Ying Wang, Dr. Baamir
9:15am - 9:30am Chairpersons intro
9:30am - 10:15am United Nations Mediation Ombudsman Keynote Presentation
Mr Johnstone Barkat, Assistant Secretary General Heading the United Nations Ombudsman and
Mediation Sevices
10:15am - 10:25am A New Era for Mediation in HK: The New HK Mediation Ordinance
Professor Nadja Alexander, Foundation and Professor of IICER
10:45am - 11:00am HKIAC - Arbitration and Mediation Developments: Fortifying the ADR Regimes in HK
Chiann Bao, Secretary General of the HKIAC
11:00am - 11:30am Break
11:30am - 12:00pm Cutting the Gordian Knot: Mediation's role in International Trade Disputes
Susan Macnaughton, Practice Leader of Gall HK, Mediation Practice
12:00pm - 12:30pm "Bad Faith" Issues in Mediation
Danny McFadden, Managing Director, CEDR Asia
12:30pm - 2:00pm Networking Lunch
2:00pm - 2:30pm What do Mediation Clients Need To Know? A Users Guide
David Fong, Honorary Treasurer and Director of the Joint Mediation Helpline Office Ltd, Committee
Member, the Chartered Institute of Arbitrators
2:30pm - 3:00pm International and Cross-Border Mediation
Matthew Rushton, Deputy Managing Director, JAMS International
3:00pm - 3:15pm Break
3:15pm - 3:45pm Dispute Adjudication in Civil Law Countries
Dr. Gotz-Sebastian Hok, FIDIC Listed Adjudicator and Advisor, Global Speaker
3:45pm - 4:15pm Mediation for Construction Disputes
Steven Yip, Head of Minter Ellison's Construction Group in Asia
4:15pm - 4:30pm Break
4:30pm - 5:30pm OPEN PANEL – Global Mediation: Threats, Issues and Opportunities –
Chaired by Johnston Barkat, United Nations Mediation Ombudsman, Professor Nadja Alexander,
Susan Macnaughton, Matthew Rushton, Dharmendra Rautray, Silvia Siu, Steven Yip, Danny
McFadden
DAY 2 ( NADJA ALEXANDER, CHAIRPERSON)
SPEAKER PROFILES
Mr. Johnston Barkat, Assistant Secretary-General heading the United Nations Ombudsman and Mediation Services
Mr. Barkat serves as Assistant Secretary-General heading the United Nations Ombudsman and Mediation Services. He serves as a senior
advisor to the Secretary-General and reports directly to the General Assembly. He and his team provide mediation and conflict resolution
services to the United Nations through offices located in New York, Geneva, Vienna, Nairobi, Bangkok, Santiago, Entebbe and Kinshasa.
With over 20 years of experience in mediation and conflict resolution, Mr. Barkat is an internationally recognized expert in the dispute
resolution field. He has taught at Columbia University's International Center for Cooperation and Conflict Resolution and is also a
Distinguished Visiting Professor at Pace University. Mr. Barkat's Ph.D. and early research at Columbia University, focused on negotiating
intractable conflicts. Mr. Barkat has been appointed as a fellow of the American Bar Foundation.
Gordon Blanke, Counsel, Habib Al Mulla, Author for Kluwer Law International
Gordon is Counsel in the International Arbitration Group of Habib Al Mulla & Co, Dubai. He has extensive and wide-ranging experience in all
types of international commercial arbitration in both common- and civil law jurisdictions, having acted as advising counsel and arbitrator under
most leading institutional arbitration rules (including the ICC, LCIA, DIAC, ADCCAC, GCC and JAMS arbitration rules) in arbitrations seated in
the US, Europe and the Middle East in relation to a variety of industry sectors, including private equity, banking and finance, construction/real
estate, commodities, hospitality, travel/leisure, cosmetics etc. Gordon also has relevant antitrust law experience. He served a training period
with the late Merger Task Force of the Directorate-General of Competition of the European Commission in Brussels, Belgium, and trained with
former Advocate-General Jacobs and Judges Jaeger and Azisi of the European Court of First Instance and the European Court of Justice in
Luxembourg as well as the ICC International Court of Arbitration in Paris, France.
Dharmendra Rautray, Barrister-at-Law (Lincoln's Inn), Partner, Kachwaha & Partners
Mr. Rautray is a Barrister and member of the Lincoln's Inn. He is a Partner in the New Delhi based law firm, Kachwaha & Partners and was
called to the Bar of England and Wales in July 2001. He did his LL.M. in Commercial and Corporate Laws from the London School of
Economics and Political Science, University of London. He topped the Bar Vocational Course in International Trade Law and secured Very
Competent (VC) grade in his Bar examination. His areas of practice include – construction arbitration, international litigation, commercial
contract disputes and International Trade. Mr. Rautray is also a Member of the Singapore Institute of Arbitrators and the Swiss Arbitration
Association.
Professor Nadya Alexander, Foundation Director and Professor of the International Institute of Conflict Engagement and Resolution at Hong
Kong, IICER
Professor Alexander is Foundation Director and Professor of the International Institute of Conflict Engagement and Resolution at Hong Kong
Shue Yan University. In Australia she is an Adjunct Professor at Bond and Murdoch Universities and, in South Africa, an Honorary Research
Fellow at the University of the Witwatersrand. Professor Alexander is an internationally-renowned scholar-practitioner in the conflict resolution
field. She is accredited mediator in Hong Kong (HKIAC) and Australia (National Accreditation, LEADR) with extensive experience in Australia,
Asia-Pacific and Europe. She is recognised as a leading mediator by the international Who's Who Legal .
Ajay Thomas, Registrar, London Court of International Arbitration, India (LCIA India)
As Registrar with the London Court of International Arbitration (India), Ajay heads its Delhi-based secretariat. He holds a Masters Degree in
Law (LL.M.) from the National University of Singapore, where he read International Commercial Arbitration and Admiralty & Maritime Law. On
being called to the bar, he practiced mainly at the Bombay High Court, as counsel at a leading maritime law chamber. Prior to joining LCIA
India, Ajay was Counsel and Head of the South-Asia desk of the Singapore International Arbitration Centre (SIAC). He also served as
Assistant Counsel with the Singapore Chamber of Maritime Arbitration (SCMA). Ajay is a member of the Singapore Institute of Arbitrators, the
Maritime Law Association of Australia and New Zealand, the Australasian Forum for International Arbitration, Singapore Corporate Counsels
Association and the Asian Society of International Law. He is a guest faculty at the Indian Society of International Law (ISIL), New Delhi,
where he teaches International Commercial Arbitration. A regular speaker on the conference circuit in India and overseas, Ajay is also the
India correspondent to the Global Sales Law Handbook, a comprehensive work on international sales law encompassing all legal systems.
Christopher K. Tahbaz, Partner, Debevoise & Plimpton
Christopher K. Tahbaz is a member of Debevoise & Plimpton's Litigation Department and its International Dispute Resolution Group. Although
he is currently based in New York, much of Mr. Tahbaz's work on arbitrations over the past decade has involved representing Asian
businesses or other parties to Asia-related transactions. Recently, Mr. Tahbaz was one of two Debevoise partners leading the team who
represented Hyundai Heavy Industries (HHI) in its successful ICC arbitration claim against other shareholders of Hyundai Oilbank, which
resulted in an award in favor of HHI worth at least $750 million, one of the largest ICC awards ever. Earlier this year, the Global Arbitration
Review dubbed the HHI award "Arbitration Win of the Year" in its first annual GAR Awards. Mr. Tahbaz is a graduate of the Columbia
University School of Law, where he was a member of the Law Review.
Alfred Wu, Special Counsel, Fried Frank
Alfred Wu is a litigation special counsel in Fried Frank's Hong Kong office. He joined the Firm in 2012. Mr. Wu handles an extensive range of
general commercial litigation and arbitration. These disputes include corporate finance, M&A, funds, joint venture, shareholders, property and
employment disputes, as well as insolvency and restructuring matters. His arbitration experience includes both domestic and international
arbitration. Clients he has represented include banks, Hong Kong listed issuers, multinational corporations, funds, accountants/liquidators and
high-net-worth individuals. In addition to his general commercial dispute practice, Mr. Wu has a special focus on construction litigation and
arbitration for clients which variously include government departments, statutory bodies, employers, engineers, architects, contractors and
subcontractors. Mr. Wu has also represented clients in construction-related criminal investigations and prosecutions.
Susan Macnaughton, Practice Leader of the firm's mediation practice, Gall HK
Susan is the practice leader of the firm's mediation practice. She is an accredited mediator and solicitor. She has had nearly 20 years
experience resolving legal disputes in Hong Kong, having been a litigation partner in City firms. Susan is qualified in England & Wales as well
as Hong Kong and has been working in Hong Kong for much of her career. As well as being a solicitor, Susan now primarily focuses on her
role as a mediator in a broad range of commercial disputes. Susan has had experience in most commercial litigation fields but her particular
area of expertise concentrates on matters of international trade, representing banks, shipping and aviation companies, manufacturers and
commodity producers, and insurers. This has included everything from dealing with trade finance disputes (letters of credit, bills of exchange
etc), bills of lading and charter party disputes, sale and purchase of goods and commodities, ships and aircraft, and enforcement work
including asset tracing and investigation of fraud.
Danny McFadden, CEDR Asia Pacific Managing Director
Danny McFadden is dually qualified as a lawyer both in Australia and the UK. Based in Hong Kong he mediates regularly in the commercial
and property sectors with a particular expertise in cross-cultural and multinational disputes. Danny is a fluent speaker of both Mandarin
Chinese and Indonesian. Danny a member of CEDR's faculty has delivered training courses in Azerbaijan, Cameroon, China, Guyana,
Vietnam, the UK and Kazakhstan. In 2008, Danny joined the United Nations Ombudsman's Office in New York as an expert adviser on the
establishment of a new Mediation Division. His report on the design of an integrated conflict resolution system formed part of the terms of
reference for mediation in the new UN Justice System. In 2009 he acted as the Interim UN Director of Mediation in New York, mediating
cases and also assisting in the selection of staff for the new Mediation Division. In 2011 he opened CEDR's first overseas office in Hong
Kong.
Paul Darling QC, Head of Keating Chambers
Paul Darling QC is the current Head of Keating Chambers. Since joining the set in 1985 he has established a formidable reputation as an
advocate in all types and levels of tribunals all over the world. His expertise is wide ranging across all areas of construction and engineering
law. He is well known for his advocacy skills and in particular for cross-examining and arguing appeals and has considerable experience of
leading large teams in long and heavy cases. He also regularly advises on both non-contentious and contentious aspects of bespoke and
standard terms of Building and Engineering Contracts.
Dr Abdulrahman Yahya Baamir, Legal Consultant, Saudi Arabia, Author "Shari'a Law in Commercial and Banking Arbitration: Law and
Practice in Saudi Arabia"
Dr Abdulrahman Yahya Baamir A lawyer and legal consultant from Jeddah, Saudi Arabia practices in the areas of Shari'a law, corporate,
commercial, mining law and international commercial arbitration. He holds a BA (Hons) in Shari'a law, PGD in Psychology, LLM in
international trade law, PGD in Islamic Banking & Insurance and PhD in law. Dr Baamir is the author of the following Books and Academic
Journal Articles: Dr. Abdulrahman Yahya Baamir, Shari'a Law in Commercial and Banking Arbitration: Law and Practice in Saudi Arabia, (1st
edn., Ashgate Publishing Ltd., UK, 2010). Abdulrahman Baamir, Issues of Transparency and Disclosure in the Saudi Stock Market, (vol. 22,
No.1, Arab Law Quarterly, 2008), pp. 63-87 (25). Abdulrahman Baamir, Ilias Bantekas, 'Saudi Law as Lex Arbitri: Evaluation of Saudi
Arbitration Law and Judicial Practice' (2009) 25 Arbitration International pp. 239-269. Dr. Abdulrahman Yahya Baamir, Arbitration in Banking
Disputes under the New Saudi Legal Order, Arab Regional Forum News, Newsletter of the International Bar Association Legal Practice
Division, vol. 15, No. 15, March 2010. in addition to a forthcoming book in Commercial law in Islamic Shari'a and a journal article about the
new arbitration law of Saudi Arabia.
Chiann Bao, Secretary-General of the HKIAC
Ms. Bao serves as the current Secretary-General of the HKIAC. Prior to this, she worked with several international law firms and clerked at
the ICC International Court of Arbitration in Paris. She is a Cornell University graduate and Fulbright Scholar in China. She obtained a Juris
Doctor from the University of Wisconsin Law School and a Master of Arts in Arbitration and Dispute Resolution from the City University of
Hong Kong. She is admitted to the New York and Wisconsin Bars.
Dr. Götz-Sebastian Hök, Lawyer, FIDIC listed Abjudicator and Advisor, Arbitrator
Dr. Götz-Sebastian Hök (PhD in law) is a lawyer situated in Berlin having 20 years´ experience in the construction industry. He is a FIDIC
listed adjudicator and an arbitrator. He is also responsible for the German FIDIC training and is an accredited FDIC trainer and a welcomed
speaker on DRBF, IBC and ICC conferences. He has translated all major FIDIC forms of contract into German and French. Since 2011 he
has been the legal advisor of two FIDIC Task Groups. Sebastian has defended the interests of employers, contractors and consulting
engineers on overseas projects in various countries in Europe, Middle East, Africa and Asia, predominantly in the field of plant and
infrastructure engineering and construction. He has operated as a dispute resolver in Germany, Eastern Europe and Africa and he is and was
a member of various Engineer´s teams for major projects in Eastern Europe, Asia and Africa. Sebastian is the author of the Handbuch des
internationalen und ausländischen Baurechts, co-author of Jaeger/Hök, FIDIC for Practitioners, and several FIDIC related books published by
the German association of consulting engineers, VBI. He has published various articles in the International Construction Law Review and
approximately 50 articles in the German language. He is also a lecturer at Berlin University of applied sciences on international construction
contract management.
Karel Daele, Partner, Head in International Arbitration Practice, Mkono & Co, Kluwer Arbitration Author of Many Titles
Karel Daele is a partner of Mkono & Co and deputizes the firm's head in international arbitration practice. Mkono & Co is the leading law firm
in Tanzania, with offices in Dar es Salaam and Bujumbura (Burundi). Mkono & Co is recognized by international professional directories and
has received multiple awards for its legal leadership and quality of services. The firm has been ranked in Tier one by Chambers Global since
2000 and counts several lawyers ranked as leaders in their field. Before joining Mkono & Co in 2006, Mr Daele was a commercial litigator in
Brussels with Wilmer Cutler Pickering Hale and Dorr LLP and Freshfields Bruckhaus Deringer LLP. Mr. Daele now divides his time between
investment arbitration (having represented African Sovereigns and public utility companies in half a dozen ICSID arbitrations); commercial
arbitration (under the UNCITRAL, ICC, CEPINA and EDF Rules); and investment, commercial and corporate advice to foreign investors in the
East-African region.
Dr Weng Ying Wang, Chief Editor of Arbitration and Law, Panel of Arbitrator's, CIETAC
Wang Wenying, China Dr Weng Ying Wang began to serve in the Department of Law of the China Council for the Promotion of International
Trade (CCPIT) and China Chamber of International Commerce (CCOIC) upon graduation from Beijing University in 1989. She held the
position of deputy Representative and Representative of CCPIT & CCOIC Hong Kong Representative Office from 1997 to 2000. She has
been a research fellow in Arbitration Research Institute of CCOIC since 2004 after she got her doctoral degree of legal science (SJD) from
Hong Kong University. She was appointed the director of the Arbitration Research Institute of CCOIC in 2005. Dr Weng Ying Wang is on the
Panel of Arbitrators of the China International Economic and Trade Arbitration Commission (CIETAC), which is one of the major permanent
arbitration institutions in the world. She has also served as Chair, sole arbitrator, or as a member of international and domestic arbitration
panels. She has also been appointed as an expert dealing with domain name dispute cases by CIETAC Domain Name Dispute Resolution
Center. Dr Weng Ying Wang is the chief editor of Arbitration and Law, a famous Chinese journal on arbitration with history of more than 20
years.
Matthew Rushton, Deputy Managing Director, JAMS International
Matthew began a career as a legal journalist in 1997 writing for The Legal 500 in the UK, continental Europe, and Asia Pacific regions. He
subsequently wrote for a range of legal periodicals in the UK and US, including Legal Business magazine where he was a senior reporter and
litigation editor (2000-2003). As a business journalist he is published in various media, including magazines and national newspapers. He is
the author of Writ Large, a 400-page biography of US attorney David I Shapiro published in 2006. Other books to which Matthew has
contributed include a chapter about the English Court in Journalism That Matters, a text book published in New York, about how journalists
shape the industries they cover.
In 2007 Matthew founded Empirical Publishing, an online legal publisher focused on ADR. Matthew was the publisher of The Mediator
Magazine and later The Mediator Directory, the latter becoming the UK's first national feedback repository for users of commercial mediation.
In 2009, Matthew launched an ADR brokerage site, DisputesLoop.com, designed to bring together ADR users and practitioners. In tandem
with the above, Matthew worked as a consultant advising on a number of ADR and dispute avoidance ventures.
He is a regular speaker on ADR topics at conferences, and joined JAMS International in May 2011.
Steven Yip, Partner, Head of Minter Ellison's Construction Group in Asia
Steven Yip is one of the region's leading advisors on construction issues and dispute resolution across Hong Kong and Asia and has handled
numerous major arbitration and litigation proceedings. Steven is also a skilled mediator, instrumental in settling many major civil engineering
and building disputes. He has also been assisting a number of foreign investors and clients in major projects in China as well as Chinese
investors and contractors working outside China. Steven Yip is head of Minter Ellison's Construction Group in Asia and is regarded as 'a rising
star with high-profile cases'. Steven is a member of the Chartered Institute of Arbitrators (East Asia Branch) and the current vice chairman of
the construction interest group of the Hong Kong Mediation Council. Qualifications BComm, LLB Admissions NSW and HK.
Matthew J. Christensen, Partner (Foreign Legal Advisor and Author), Bae, Kim & Lee
Matthew J. Christensen is a Partner (foreign legal consultant) in the Seoul-based International Arbitration & Litigation Practice Group of Bae,
Kim & Lee LLC, where he has successfully represented Korean and foreign clients in numerous international commercial arbitration cases
under the rules of various arbitral institutions. Matthew is listed on the Panel of International Arbitrators of the Korean Commercial Arbitration
Board, where he also serves on the International Advisory Committee. A member of the New York State Bar Association, Matthew received
his law degree from Harvard Law School and also holds a Master's Degree in Korean Studies from Harvard University.
Mr. Fong Shiu Man, David, Honorary Treasurer and Director of the Joint Mediation Helpline Office Ltd, Committee, Member, the Chartered
Institute of Arbitrators
Honorary Treasurer and Director of the Joint Mediation Helpline Office Ltd/ Committee Member, the Chartered Institute of Arbitrators, East
Asia Branch.
Mr. Fong practices as a commercial mediator since 2005 and has been appointed on numerous occasions as mediator. He also serves as an
arbitrator and party's representative in international arbitration. He has experience in handing a broad spectrum of cases, e.g. international
sales of goods, insurance claims, disputes arising from sale of financial products, shareholders' disputes...etc.
Besides the captioned professional capacity, he previously served as a sub-committee member of the Commercial Mediation interest Group,
Hong Kong Mediation Council. He regularly contributes to the professional journals on subject matter related to ADR and as speaker for CPD
seminar for professional association.
Mr. Fong is an Accredited Mediator (HKIAC) and serves as a Stage 2 Assessor (Mediation) at the HKIAC. He is also a Fellow of the
Chartered Institute of Arbitrators and Singapore Institute of Arbitrators. He is on the list/ panel of arbitrators of HKIAC and KLRCA.
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CCH Executive Events is the seminar and conference arm of CCH Asia. We offer opportunities for our delegates to receive business critical
information and timely insight and analysis from our expert presenters. Our events also provide a platform for discussion to allow delegates to
explore the intricacies of the information presented while interacting and exchanging news and experiences with their peers. Our programmes
are conducted by industry practitioners and academics who are able to provide participants a well-balanced blend of theoretical fundamentals
and practical applications.
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