Belt and Road Investment Disputes: The International Legal Landscape for Chinese Investors and Counterparties
Investment is a large part of the Belt and Road Initiative. The states along the Belt and Road are linked mainly by location and are a disparate group in terms of size, development, economic structure and government. There are over 70 countries along the routes envisaged by President Xi Jinping’s vision and there are significant questions about many of these countries as investment destinations. What strategies and dispute resolution options are available to protect Chinese investors and their
counterparties along the Belt and Raod?
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How to be successful as counsel in international arbitration
This half day workshop will provide participants with insights into best practice for counsel in international arbitration proceedings, including insights into the workings of an arbitral institution.
Cao Lijun, Partner, Zhong Lun Law Firm
May Tai, Partner, Herbert Smith Freehills
Meg Utterback, Partner, King & Wood Mallesons
Anton Ware, Partner, Arnold & Porter
Ling Yang, Deputy Secretary-General, HKIAC
HKIAC Arbitration Clause Negotiation Workshop - Honing the Art of Negotiation - Frankfurt
You are an in-house counsel, a contract manager, a transactional or dispute resolution lawyer. You have received a call from your management team or client at 6:30 p.m. asking you to finalise an arbitration agreement within a few hours before the deal is sealed. How do you secure the best possible arbitration agreement for your company or client, while bearing the business objectives in mind and making sure that the corporate policy is followed? What are the key drafting points you need to consider and what part of the arbitration agreement may be traded off against other teams of the contract?
For anyone who has faced these questions, we welcome you to the HKIAC Arbitration Clause Negotiation Workshop in Frankfurt. The workshop will feature a real-time negotiation over arbitration clauses to be included in two agreements concerning a Chinese private equity fund's investment in a joint venture through a German company.
This workshop brings together legal counsel, an asset recovery specialist, and a third-party funder in an early stage meeting scenario to consider the legal options available and practical steps required to formulate an effective dispute resolution strategy. Experts will consider the lifecycle of a dispute from commencement of proceedings through to enforcement and ultimate recovery. The aim is to equip attendees with the tools to make sound business decisions when faced with a potential dispute.
Symposium on Recent Update on Hong Kong and Mainland China Arbitration
In the first session, Mr Gearing QC will provide an update on recent developments in Hong Kong arbitration, in particular, on recent legislation allowing third party funding for arbitration and the position on conditional fees. Mr Gearing QC will also introduce the key features of the HKIAC and its Rules, as well as the recent proposed amendments to the Rules and also share some of his top tips for effective advocacy in international arbitration. The session will be moderated by Professor Lu.
In the second session, a panel of experts will discuss several important Chinese court decisions made in 2017 in respect of international and domestic arbitration. The speakers will also examine the two long-awaited Judicial Interpretations on the review of arbitration-related petitions by the Chinese court, announced at the end of 2017.
The Hong Kong Mediation Council would run a 40-hours General Mediation Trianing Course in English in Mar/April 2019. The course would target university graduates, and seek accreditation from the Hong Kong Mediation Accredtiation Association Limited. Participants of the course shall upon successful completion be eliglible for the subsequent HKMAAL accreditation stage. If you are interested in enrolling in the course, please send an email to firstname.lastname@example.org.
HKIAC is pleased to host the 5th HK Practice Moot for the 11th Frankfurt Investment Arbitration Moot Court on 22 – 23 February 2018. The HK Practice Moot is the only Asian practice moot for the Frankfurt Investment Arbitration Moot, providing teams in the Asia-Pacific region experience in the practice of investment arbitration in simulated arbitration hearings.
The HKIAC Capacity Building Scholarship (HKCBS) is an initiative to promote the development of investment arbitration in Asia and to able build the next generation of arbitrators.Read more
In 2010, UNCITRAL requested the assistance of two experts, Professor Emmanuel Gaillard and Professor George Bermann, to prepare a Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (New York). The Guide, which was presented to the Commission in July 2016, aims to promote the uniform and effective interpretation and application of the Convention with a view to limit the risk that State practice diverge from its spirit. It is supplemented by a freely accessible online platform – newyorkconvention1958.org – which includes over 1800 decisions from multiple common law and civil law jurisdictions implementing the Convention.
Following the presentation of the Guide, various speakers will discuss recent trends and case law on the application of the New York Convention.
The discussion will be jointly led by Matthew Gearing QC, Chairperson of the Hong Kong International Arbitration Centre (HKIAC) and William Wong SC, Chairman of the Arbitration Committee, Hong Kong Bar Association (HKBA).
Other speakers include:
- Nils Eliasson, Chairperson of the Proceedings Committee (HKIAC)
- Anthony Houghton SC, Council Member (HKIAC)
- Kathryn Sanger, Chairperson of the Appointments Committee (HKIAC)
- Proposed changes to the 2013 HKIAC Administered Arbitration Rules
- Appointment of arbitrators
- Conditional/contingency fees
HKIAC is the first arbitral institution to offer a Tribunal Secretary Training Programme. As an extension of HKIAC’s tribunal secretary service, the Programme trains the next generation of tribunal secretaries around the world.
The training typically takes one and a half days, during which part of the participants work will be assessed. A further written exam will follow the training. Participants who successfully pass the written assessment will be interviewed by a member of the Board or Faculty. Participants who have passed both the written and oral exam will receive a certificate of completion and will be listed on our website subject to his/her consent.
To apply, please send your cv to email@example.com.
Applications close on 1December 2017.Read more
HKIAC is pleased to be a supporting organiser of this event.
For over a year CMS and the HKIAC have partnered to deliver thought leadership on key developments in the world of international investments. In Decmeber we are bringing our lecture series to Shanghai to share our insights into the Belt and Road Initiative (BRI), the opportunities adn risks associated with it as well as how to structure and protect your investments.
Our speakers include CMS Managing Partner, Nicolas Wiegand and Counsel, Olga Boltenko from CMS Hong Kong, who will be joined by Ms Sarah Jane Grimmer, Secretary General of the Hong Kong International Arbitration Centre (HKIAC).
This training workshop is designed to introduce participants to the essential requirements for drafting enforceable arbitral awards in international arbitration proceedings. Participants will receive practical advice on how to apply best practice to the award writing process.
HKIAC is pleased to be a supporting organisation of this event.
ABA and RAA are delighted to present the annual ABA conference in Moscow, when East meets West and the hardest topics get discussed. In the time of high political tensions, the conference has a particular importance for the international legal community. The conference proposes to bring participation of leading Russian and foreign lawyers and top in-house lawyers.