Coverage

GAR Live: typhoons of change in Asia

GAR Live: typhoons of change in Asia

21 October 2016

This year’s GAR Live Hong Kong took place during a brief respite between twin typhoons that have battered the city for days – and saw talk of the winds of change that are transforming Asian dispute resolution.

GAR Live Hong Kong in pictures

21 October 2016

GAR Live Hong Kong took place yesterday, chaired by Michael J Moser and the HKIAC's new secretary general Sarah Grimmer.

Chairs

Michael Moser

20 Essex Street

An Asia specialist, resident in the region for more than 30 years, Michael Moser has extensive experience as arbitrator in international disputes.

He has served as arbitrator in cases sited in Asia, Europe and North America under both ad hoc rules (UNCITRAL) and institutional rules including those of the ICC, AAA, LCIA, Stockholm Chamber of Commerce, Hong Kong International Arbitration Centre, Singapore International Arbitration Centre, Japan Commercial Arbitration Association, China International Economic and Trade Arbitration Commission (CIETAC) and others.

Sarah Grimmer

Secretary General, Hong Kong International Arbitration Centre

Sarah has more than 14 years of experience in the field of international arbitration, spanning inter-State, investor-State and international commercial arbitration.

Sarah most recently served as Senior Legal Counsel at the Permanent Court of Arbitration (PCA), which she joined in 2006. She has acted as registrar in three inter-State arbitrations under the United Nations Law of the Sea Convention and has been appointed tribunal secretary in multiple investor-State arbitrations and contract-based disputes. 

Speakers

John Bang

Bae, Kim & Lee

Wade Coriell

King & Spalding

Justin D'Agostino

Herbert Smith Freehills

Frances van Eupen

Allen & Overy

Jacques-Alexandre Genet

Archipel Law

Lord Peter Goldsmith QC

Debevoise & Plimpton

Brenda Horrigan

Herbert Smith Freehills

Sapna Jhangiani

Clyde & Co

Amanda Lees

Simmons & Simmons

Zia Mody

AZB & Partners

Christopher Moger QC

4 Pump Court

Yoshimi Ohara

Nagashima Ohno & Tsunematsu

Sherina Petit

Norton Rose Fulbright

Neill Poole

AlixPartners

Andrew Pullen

Allen & Overy

Michael Redman

Burford Capital

Maxi Scherer

Wilmer Cutler Pickering Hale and Dorr

Christopher Tahbaz

Debevoise & Plimpton

Meg Utterback

King & Wood Mallesons

CPD points

This conference has been accredited with 6 CPD points.

Programme

9.00Welcome coffee and registration

9.30: Chairs' welcome

Michael Moser, 20 Essex Street
Sarah Grimmer, Secretary General, Hong Kong International Arbitration Centre 

9.40: Session one: Year in review - the best and worst of Asia's IA year

Practitioners from around the region will pick their best and worst developments of the past year, and discuss their implications.

Categories they'll consider are expected to include:

  • Best and worst awards
  • Court decisions
  • Legislative and institutional developments

Panellists will also submit a "noteworthy" development from their own jurisdiction and argue why it deserves the title "Asia's most important IA development of 2016". The audience will decide which development wins.

Moderator:
Sarah Grimmer, Secretary General, Hong Kong International Arbitration Centre

Panel:
Yoshimi Ohara, Nagashima Ohno & Tsunematsu
Meg Utterback, King & Wood Mallesons
Sherina Petit, Norton Rose Fulbright
Andrew Pullen, Allen & Overy
John Bang, Bae, Kim & Lee

11.00: Coffee break

11.30: Session two: The GAR Live symposium

A return of our mini-Tylney Hall

Moderators:
Christopher Tahbaz, Debevoise & Plimpton
Brenda Horrigan, Herbert Smith Freehills

13.00: Networking lunch

14.30: Session three: Enforcement around the region: Beyond the New York convention

There's a difference between having your award recognised by local courts and getting at actual assets. How does one bridge that gap - particularly within Asia? Once you are clear of the court system, what happens?

In this panel a series of specialists in enforcement - with different perspectives - will discuss the problem of translating now-validated and recognised awards into real money.

Questions they're expected to discuss include:

  • Deciding where to enforce against an Asian opponent: is it better to enforce near to their home?
  • What happens once you clear the court system?
  • Is there an enforcement division of the local court system - and how will it operate? Is there a way to stop it from acting as a negotiator between the sides?
  • What does a model enforcement strategy for Asia look like? Which other professionals will be part of it? Are subsidiaries fair game?
  • What other region specific pitfalls do newcomers need to beware of?

Moderator:
Michael Moser, 20 Essex Street

Panel:
Jacques-Alexandre Genet, Archipel
Sapna Jhangiani, Clyde & Co
Michael Redman, Burford Capital
Neill Poole, AlixPartners

16.00: Coffee break

16.30: Session four: The GAR Live Oxford Union-style debate

Motion: "This house believes that advocates should be appointed to plead on behalf of non-appearing respondents in arbitrations"

Moderator:
Christopher Moger QC, 4 Pump Court

Debaters:
Frances van Eupen, Allen & Overy
Amanda Lees, Simmons & Simmons
Maxi Scherer, Wilmer Cutler Pickering Hale and Dorr
Wade Coriell, King & Spalding

Judges:
Lord (Peter) Goldsmith QC, Debevoise & Plimpton
Justin D'Agostino, Herbert Smith Freehills
Zia Mody, AZB & Partners 

18.00: Chairs' closing remarks 
Michael Moser, 20 Essex Street
Sarah Grimmer, Secretary General, Hong Kong International Arbitration Centre

18.15 onwards: All delegates are invited to attend a cocktail reception kindly hosted by Clyde & Co

Venue

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

Prices

Registration is no longer available.