Coverage

Getting to grips with guerrilla tactics

Getting to grips with guerrilla tactics

29 October 2015

It’s not uncommon for one side of a case to delay proceedings with a variety of procedural tactics. Delegates at today's GAR Live Hong Kong discussed when that behaviour may cross the line into "guerrilla tactics".

Chairs

Michael Moser

20 Essex Street

Michael Moser is an international arbitrator with 20 Essex Street Chambers. He is Honorary Chairman of the Hong Kong International Arbitration Centre, a past Court Member of the LCIA and Board Member of the Stockholm Arbitration Institute and current board member of the Singapore International Arbitration Centre and the Vienna International Arbitral Centre. He is also a Commission Member of CIETAC. Mr Moser is a Chartered Arbitrator and a Fellow of the Chartered Institute of Arbitrators. He received his law degree from the Harvard Law School and holds a PhD (With Distinction) from Columbia University.

He is the author of many books and articles, co-editor of The Asia Arbitration Handbook (Oxford U Press, 2011) and General Editor of the Journal of International Arbitration. Mr Moser works from offices in Hong Kong, Singapore and London. He has been consistently rated as being one of the “very best” and “most in demand arbitrators” globally.

Justin D'Agostino

Herbert Smith Freehills

Justin is the global head of the firm’s dispute resolution practice and regional managing partner, Asia and Australia.

He is a leading international arbitration lawyer, having acted as counsel and advocate before tribunals all over the world including in Hong Kong, London, Singapore, The Hague, Beijing, Bangkok and Zurich. Justin has experience in arbitrations under the rules of all the major institutions including the HKIAC, CIETAC, ICC, SIAC, LCIA and ICSID, as well as ad hoc arbitrations under the UNCITRAL Rules and the Permanent Court of Arbitration Optional Rules for Arbitrating Disputes Between Two States. He also advises on arbitration-related court proceedings and sits as an arbitrator.

Speakers

Chiann Bao

Secretary-General, Hong Kong International Arbitration Centre (HKIAC)

Denis Brock

O'Melveny & Myers

Oscar Chen

Duan & Duan

Nakul Dewan

20 Essex Street

Dr. Yu Jianlong

Vice Chairman and Secretary-General, CIETAC

Alastair Henderson

Herbert Smith Freehills

Kevin Kim

Bae, Kim & Lee

Loretta Malintoppi

Eversheds

Vladimir Khvalei

Baker & McKenzie

Ben Knowles

Clyde & Co

Rory McAlpine

Skadden, Arps, Slate, Meagher & Flom

Christopher Moger QC

4 Pump Court

Huawei Sun

Zhong Lun Law Firm

Promod Nair

Arista Chambers

Frances van Eupen

Allen & Overy

Alexis Mourre

President, International Court of Arbitration, International Chamber of Commerce (ICC)

Jingzhou Tao

Dechert

Hiroyuki Tezuka

Nishimura & Asahi

Marianne Chao

Jones Day

Doug Jones AO

Independent International Arbitrator

Damien McDonald

Fangda Partners

Programme

9.00: Welcome coffee and registration

9.30: Chairs’ welcome

Michael Moser, 20 Essex Street
Justin D’Agostino, Herbert Smith Freehills

9.40: Session one: Asian guerrilla tactics

Parties arbitrating in Asia frequently face unusual, unconventional or even unorthodox tactics by opponents at each stage of the proceedings. Which of these are legitimate, and which are so-called "guerrilla" tactics? What can parties, arbitrators, institutions and national courts do to curtail the less acceptable range of tactics?

In a session that will include plenty of input from the audience, our panel members will explore the full range of party behaviours, their impact on arbitrations in the region, and possible solutions, as well as identifying the issues that most vex them personally.

Moderator:
Michael Moser, 20 Essex Street

Panel:
Jingzhou Tao, Dechert
Doug Jones AO, Independent International Arbitrator
Marianne Chao, Jones Day
Hiroyuki Tezuka, Nishimura & Asahi
Nakul Dewan, 20 Essex Street

11.00: Coffee break sponsored by Fangda Partners

11.30: Session two: India and China round up – the Elephants in the room

Everything you need to know about the year just gone in the region’s two biggest jurisdictions.

Moderator:
Justin D'Agostino, Herbert Smith Freehills

Panel:
Promod Nair, Arista Chambers
Alastair Henderson, Herbert Smith Freehills
Oscar Chen, Duan & Duan
Huawei Sun, Zhong Lun Law Firm
Dr. Yu Jianlong, Vice Chairman and Secretary-General, CIETAC

12.30: Session three: The GAR Live symposium

To round the morning off, a return of our mini-Tylney Hall.

Moderators:
Frances van Eupen, Allen & Overy
Kevin Kim, Bae, Kim & Lee

13.30: Networking lunch sponsored by 20 Essex Street

15.00: Session four: A yum cha chat with Alexis Mourre

Alexis Mourre, President, International Court of Arbitration, International Chamber of Commerce (ICC), takes his turn in the hot seat.

Interviewers:
Michael Moser, 20 Essex Street
Justin D'Agostino, Herbert Smith Freehills

16.00: Coffee break sponsored by Fangda Partners

16.30: Session five: The GAR Live Debate

An Oxford Union-style debate, before a panel of three judges.

Motion: “This house believes that the ICC has become a dinosaur: in a world where regional and specialised arbitration institutions provide more flexibility to users, who needs a ‘world court’ based in Paris?"

Topics to consider within the motion:

  • The rise of regionalism and regional arbitration centres
  • Increasing time and cost

Moderator:
Christopher Moger QC, 4 Pump Court

Debaters:
Ben Knowles, Clyde & Co
Rory McAlpine, Skadden, Arps, Slate, Meagher & Flom 
Loretta Malintoppi, Eversheds
Damien McDonald, Fangda Partners

Judges:
Denis Brock, O'Melveny & Myers
Vladimir Khvalei, Baker & McKenzie
Chiann Bao, Secretary-General, Hong Kong International Arbitration Centre (HKIAC)

18.00: Chairs’ closing remarks

Michael Moser, 20 Essex Street
Justin D’Agostino, Herbert Smith Freehills

18.15: Close of conference

18.30 onwards: All delegates are invited to attend a cocktail reception at The Hong Kong Club hosted by Clyde & Co

Venue

Hong Kong International Arbitration Centre, 38th Floor, Two Exchange Square, 8 Connaught Place, Hong Kong

Testimonials

  • “Very well organised an an excellent opportunity to get in contact and discuss up to date arbitration issues.”

    Letícia Mininel 
    Lawyer – Dias Moura Advogados Associaos

  • “An excellent conference - overall all the speakers were top of their game, thorough, clear and informative. Pitched at right level - so difficult to achieve this and it was done.”

    Caroline McConnon
    Practice Manager – Fountain Court Chambers

  • “One of the few programmes in the US dealing with the interplay of US Law and practice with international arbitration. I like not only having the opportunity to speak but also to hear opinions of the audience.”

    William G. Lowerre
    Senior Litigation Counsel – Weatherford International Inc.