Going international is often the strategy of choice for Hong Kong companies looking to expand their business. The rewards of doing so can be quite considerable but what happens if disagreements arise domestically or in foreign countries?
Alternatives to litigation such as arbitration have become increasingly popular as a means to resolving international commercial disputes. However, sometimes business people fail to understand what arbitration entails. Simple mistakes such as failure to properly set out the written agreement to arbitrate can cause expensive disputes. It is therefore crucial for business owners, in-house counsels and corporate lawyers to understand arbitration in order to better protect their or their client's business and interests.
At this seminar, our speakers will give an overview of international arbitration and key issues one should be aware of before signing on the dotted line when entering into commercial agreements with foreign parties.
Issues touched on include:-
1. Why arbitrate?
2. What is arbitration?
- Background on arbitration – New York Convention 1958;
- Differences between arbitration and litigation;
- Pros and cons of arbitration vs litigation; and
- Differences between arbitration and mediation.
3. Arbitration – Key elements to know:
- Place (seat) of arbitration – Importance of choosing the right seat and issues to consider;
- Law governing an arbitration agreement;
- Law governing the arbitration procedure;
- Arbitral tribunal's power, duties and jurisdiction;
- Legal cultural mindset of the place of arbitration and the arbitrator;
- Overview of the arbitration process; and
- Arbitral award – Enforcement of and challenge to awards.
4. Things to consider when drafting international arbitral clauses.
5. Things to consider before selecting arbitration counsel and arbitrators.
6. International arbitration in Hong Kong and ASEAN countries.
**CPD is currently being applied for**
Professor Dr Colin Ong, QC
Queen's Counsel and Chartered Arbitrator, 36 Stone (London); Counsel, Eldan Law LLP (Singapore); Senior Partner, Dr Colin Ong Legal Services (Brunei)
President, AABD (Brunei); Advisory Governing Council, BANI (Indonesia); Vice President, Appointments THAC (Thailand). First ASEAN practising lawyer to be appointed English Queen's Counsel and to be a Master of the Bench of the Inner Temple.
He has handled over 300 international arbitrations. Listed as a top 30 arbitration practitioner worldwide by Expert Guides: Best of the Best 2017(Arbitration). Who's Who Legal Arbitration 2018 Analysis:- "a world-renowned arbitration counsel who "always manages to make complicated issues appear unbelievably straightforward". Chambers & Partners Asia 2018:- "commentators hailing him as a brilliant strategist and a very polished performer in court....the supreme ability to explain the most complex of arguments in a simple yet eloquent way." Chambers & Partners 2018 Most-in-Demand Arbitrators (Asia-Pacific):- "one of the top arbitrators in terms of degree of demand".
Ms Olivia Kung
FHKIArb; Partner, Wellington Legal
Prior to establishing Wellington Legal, Olivia worked for several top tier firms in the UK, a leading law firm in Hong Kong and as Legal Counsel for a listed financial company. She is an experienced litigation solicitor who has worked in London and Hong Kong and litigated across a wide variety of areas including complex property ownership disputes, director and shareholder disputes, contract disputes, fraud cases, injunction proceedings. She has been counsel in arbitration and is a Fellow of Hong Kong Institute of Arbitrators and an Adjunct Professor of Beijing Normal University.