Coverage

GAR Live Hong Kong - in pictures

GAR Live Hong Kong - in pictures

20 October 2017

GAR Live Hong Kong took place yesterday at the HKIAC, bringing to an end Hong Kong Arbitration Week.

Chairs

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. Sarah has extensive experience in appointing authority matters under the UNCITRAL Arbitration Rules 1976 and 2010 and other rules.

Justin D'Agostino

Herbert Smith Freehills

Justin D’Agostino is the Global Head of Herbert Smith Freehills' Disputes practice and the firm's joint Managing Partner for Asia and Australia.

Considered by Chambers Asia-Pacific as "one of the few true experts in international arbitration", Justin has established a market-leading reputation. He appears before tribunals all over the world, advises on arbitration-related court proceedings and sits as arbitrator. Justin also advises on the protection of foreign investments under international law.

He was named LGBT Executive Sponsor 2016 by Community Business to recognise a senior executive who has used his influence to promote LGBT inclusion and, since 2013, has been listed in the FT as one of the leading "OUTstanding Executives", which recognises professionals who have made a difference in the LGBT community. Justin is a member of the 30% Club HK, a group committed to bringing more women onto corporate boards, and is a member of BritCham's HK Women in Business Committee.

Speakers

Sheila Ahuja

Allen & Overy

John Beechey CBE

Independent Arbitrator

Teresa Cheng SC

Des Voeux Chambers

Nils Eliasson

Shearman & Sterling

Matthew Gearing QC

Allen & Overy

Lord Goldsmith QC

Debevoise & Plimpton

Sapna Jhangiani

Clyde & Co

Caroline Kenny QC

Owen Dixon Chambers West

John Kim

KL Partners

Robert Kirkness

Freshfields Bruckhaus Deringer

Dennis Kwok

Legislative Councillor, Hong Kong SAR

Prof. Chin Leng Lim

Keating Chambers

Michael Moser

Arbitrator, 20 Essex Street

Patricia Nacimiento

Herbert Smith Freehills

Promod Nair

Arista Chambers

Jern-Fei Ng

Essex Court Chambers

Prof. Anselmo Reyes

University of Hong Kong

Kim Rooney

Gilt Chambers

Ronald Kwan Ngai Sum

Troutman Sanders, Chairperson of ICC-HK Arbitration and ADR Committee

Prof. Brigitte Stern

University of Paris

Jane Willems

Independent Arbitrator

Swee Yen Koh

WongPartnership

Programme

9.00: Welcome coffee and registration

9.30: Chairs' opening remarks

Sarah Grimmer, Secretary General, Hong Kong International Arbitration Centre
Justin D'Agostino, Herbert Smith Freehills

9:40: Session one: Difficult tribunal dynamics

Among other things, our panel of experts will address:

- What to do when a presiding arbitrator acts with undue delay or fails to consult with his/her co-arbitrators
- What to do when a fellow arbitrator appears to be biased 
- What to do when a fellow arbitrator appears to apply erroneous analysis
- How, when and why not to issue a dissent
- How to write a good award together as a tribunal  
- Lessons learned over the length of a career

Moderator:
Michael Moser, Arbitrator, 20 Essex Street 

Panel:
Prof. Brigitte Stern, University of Paris
John Beechey CBE, Independent Arbitrator
Teresa Cheng SC, Des Voeux Chambers
Prof. Anselmo Reyes, University of Hong Kong
Ronald Kwan Ngai Sum, Troutman Sanders

10.45: Coffee break sponsored by Clyde & Co

11.15: Session two: The GAR Live symposium

GAR Live's espresso version of Tylney Hall.

Moderators:
Sheila Ahuja, Allen & Overy
Sapna Jhangiani, Clyde & Co

12.30: Networking lunch

14.00: A yum cha chat with Dennis Kwok

Dennis Kwok, Legislative Councillor of the Hong Kong SAR, takes his turn in the hot seat.

Interviewer:
Matthew Gearing, Allen & Overy

14.45: Session three: Examining the overlap of Asian investment treaties

Many Asian states have signed or are negotiating BITs, MITs and FTAs that will co-exist, including the not-yet dead TPP, the ASEAN framework, and RCEP. The reality in Asia is an overlapping, co-existing, evolving matrix of investment agreements that—in respect of the same subject matter—provide for a variety of dispute resolution procedures, define tribunal's jurisdictional limits differently, and offer more or less substantive protections, with or without the importing and equalising effect of MFN clauses. Does the Asian network of agreements standardise investment protection in the region or disorganise it?

During this interactive session, the panel will discuss whether the co-existence of multiple investment agreements in Asia creates chaos or cohesion.

Moderator:
Promod Nair, Arista Chambers

Panel:
Jane Willems, Independent Arbitrator
Nils Eliasson, Shearman & Sterling
Prof. Chin Leng Lim, Keating Chambers
Patricia Nacimiento, Herbert Smith Freehills

15.45: Coffee break sponsored by Clyde & Co

16.15: Session four: The GAR Live Inquisition - is there such a thing as too much information?

In a new format for GAR Live, this session will replicate a US senate committee hearing with a succession of witnesses being ‘grilled' by a panel of GAR Live inquisitors, who are seeking to get to the bottom of a problem.

The session will examine the idea that more information about international arbitration should be public, regarding both arbitrators and awards. It will ask whether various projects to this end help, or hinder, their stated objectives.

Traditionally, to gain a picture of an arbitrator, parties have relied on a combination of publicly available information, the arbitrator's own disclosures and informal information sharing through private contacts. But recent developments now promise new data about arbitrators - e.g., GAR's Arbitrator Research Tool, Arbitrator intelligence and the Arbitral Women database. This is accompanied by increased disclosure of third party funding, and steps by various institutions to make panels more transparent.

Is access to more information about arbitrators an entirely positive development? How will it interact with efforts to encourage greater diversity in party appointments? Does it place arbitrators under unfair pressure? Do arbitrators have a right to control the information available about them?

When it comes to awards, is it time to reverse the presumption that arbitral awards will be confidential, or is confidentiality of the award one of the fundamental "rights" of private parties to arbitration? How would parties view such a step? And what might the upside be, either in quality of decision making, or improving access to ‘the law'?

Inquisitors:
Lord Goldsmith QC, Debevoise & Plimpton
John Kim, KL Partners
Kim Rooney, Gilt Chambers

Witnesses:
Jern Fei-Ng, Essex Court Chambers   
Swee Yen Koh, WongPartnership
Caroline Kenny QC, Owen Dixon Chambers West
Robert Kirkness, Freshfields Bruckhaus Deringer

17.30: Chairs' closing remarks

Sarah Grimmer, Secretary General, Hong Kong International Arbitration Centre
Justin D'Agostino, Herbert Smith Freehills

17.40: Close of conference

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

Private Practitioner
Type Price Until
Super Early £550  8 September 2017
Early £650 6 October 2017
Standard £750 19 October 2017

 

In-house/governmental
Complimentary In-house/governmental registration available