Thursday, 22 October 2020, Zoom

Now in its 10th year, GAR Live Hong Kong will bring together counsel, arbitrators, representatives of institutions, expert witnesses and funders. Attendees will gain a comprehensive understanding of key challenges facing the region, as well as a broader insight into the international arbitration landscape and key developments.

E-mail Tel: +44 020 3995 4183

Chairs

Sarah Grimmer

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

Sarah Grimmer is Secretary-General of Hong Kong International Arbitration Centre. She was formerly Senior Legal Counsel at the PCA where she served as tribunal secretary in multiple investor-State arbitrations and was appointed registrar in several inter-State arbitrations. Prior to joining the PCA, Sarah served for three years as Assistant Counsel at the ICC International Court of Arbitration in Paris. She was also a member of the international arbitration group at Shearman & Sterling LLP in Paris, prior to which she worked in private practice in Auckland. In 2015, Sarah was appointed to the Special Tribunal for Lebanon Disciplinary Board. She is a member of the ICCA-ASIL Task Force on Damages (2016), ICCA Publications Committee (2015), the IBA Investment Arbitration Subcommittee (2014), New Zealand ICC Arbitration Committee (2014), and the IBA Arb40 Steering Committee (2013). She has an LLM from Cambridge University and an LLB/BA (Criminology) from Victoria University of Wellington. She is admitted to practice law in New Zealand.

Kevin Kim

Peter & Kim

Kap-You (Kevin) Kim is a senior partner at Peter & Kim in Seoul. He was previously a senior partner at Bae, Kim & Lee LLC, where he worked for the past three decades in various roles, including as the co-founder and head of the International Arbitration Practice and the head of the Domestic and International Disputes Group. Over the past 30 years, Kevin has acted as counsel, presiding arbitrator, co-arbitrator or sole arbitrator in more than 300 cases of international arbitrations under various arbitration rules. Presently, he is involved in several investment and commercial arbitrations.

Among other positions that he holds, Kevin is presently Vice President of the ICC International Court of Arbitration, Advisory Board Member of the International Council for Commercial Arbitration (ICCA), Council Member of the American Arbitration Association and Chairman of the Korean Commercial Arbitration Board’s (KCAB) International Arbitration Committee. In the past, Kevin has served as Secretary General of ICCA (2010 – 2014), member of the LCIA Court (2007 – 2012) and Vice Chair of the IBA Arbitration Committee (2008 – 2010).

Speakers

Stephen Anway

Squire Patton Boggs

Olga Boltenko

Fangda Partners

Trevor Dick

Alvarez & Marsal

Matthew Gearing QC

Allen & Overy

Karl Hennessee

Airbus

Doug Jones AO

Independent Arbitrator

Toby Landau QC

Essex Court

Judith Levine

Independent Arbitrator

Bronwyn Lincoln

Corrs Chambers Westgarth

Catherine Mun

Li & Partners

Promod Nair

Arista Chambers

Jern-Fei Ng QC

Essex Court

Sue Prevezer QC

Brick Court Chambers

Peter Thorp

Independent Arbitrator

Sherlin Tung

Partner, Withers

Meg Utterback

King & Wood Mallesons

Robert Wachter

Lee & Ko

Ing Loong Yang

Latham & Watkins

Rimsky Yuen

Temple Chambers

15:00-15:10     Welcome address

Sarah Grimmer, Secretary-General, Hong Kong International Arbitration Centre (HKIAC)
Kevin Kim, Partner, Peter & Kim

15:10-15:50     After covid-19
There’s only been one story in 2020. The global pandemic. While the world has adapted over the course of many months, in some ways the hard work is only just beginning for the world of arbitration. How will IA deal with the aftermath, and adapt to the new reality? In this session, our esteemed panel will break down some of the biggest challenges of the post-covid 19 world.

Topics they’re expected to address include:

  • Procedural issues posed by the sharp cessation in existing cases
  • Contractual claims and defences, and whether there can be any kind of consistency
  • Investment claims against states – will these materialise?
  • Virtual hearings and the art of virtual advocacy
  • Semi-virtual hearings as a way back to normality

Moderator
Trevor Dick, Managing Director, Alvarez & Marsal

Panellists
Catherine Mun, Partner, Li & Partners
Rimsky Yuen, Arbitrator and Mediator, Temple Chambers
Jern-Fei Ng QC, Queen's Counsel, Essex Court
Peter Thorp, Independent Arbitrator

15:50-16:30     State interference in international arbitration       

To what extent does international arbitration change when one of the sides is the state, or a state-entity?  Many who’ve been in such a fight would say: considerably. Whether it is covert surveillance, criminal proceedings against a witness, or just a warm reception from the courts – the ways states can bend an arbitration’s trajectory are many.

In this session, the panel will consider the myriad ways that states can use and abuse their natural advantages and ask, is international arbitration in its current form able to handle them when they do?

Topics this session will address are expected to include:

  • the most common forms of state interference in arbitration, and how common each is
  • Is it easier or harder to arbitrate when the other side is a state or linked with a state?
  • Are any types of state interference a peculiarly Asian phenomenon?
  • Is there such a thing as an independent judiciary? and
  • Is it fair to hold states to a different standard – isn’t every party entitled to do its utmost to win?

Panellists:
Promod Nair, Advocate, Arista Chambers
Toby Landau, Barrister and Arbitrator, Essex Court
Matthew Gearing QC, Partner and Global Head of International Arbitration, Allen & Overy
Olga Boltenko, Registered Foreign Lawyer (Russia), Fangda Partners

16:30-16:40     Break

16:40-17:20     The GAR Live decision time
In a new format for GAR Live, our panellists will recount a case from their archives that for - whatever reason - posed a particularly vexed question or set of questions, before pausing the narrative and asking the audience to join in. What would they have done, in the same position? After the poll is taken, the story will move on.

Issues that this session is expected to explore include:

  • Whether to challenge an arbitrator
  • Dealing with suspicions about corruption
  • Clever use of interim relief
  • Handling tricky opponents

Moderator:
Bronwyn Lincoln, Corrs Chambers Westgarth

Panellists:
Karl Hennessee, Senior Vice President, Head of Litigation, Investigations & Regulatory Affairs, Airbus
Stephen Anway, Partner and Global Co-chair, International Dispute Resolution (IDR), Squire Patton Boggs
Sue Prevezer QC, Barrister, Arbitrator and Mediator, Brick Court Chambers 
Shelin Tung, Partner, Withers

 

17:20-18:00     The GAR Live debate: this house believes that there is no such thing as a bad challenge

In Oxford Union style, we will hear teams of debaters argue in favour of, or against, a motion in a lively back-and-forth. The audience will play a part in the decision through a live vote and will be encouraged to grill the panellists with further questions. Judges will then voice their opinions on what has been heard, before choosing which side to support and giving reasons for their decisions.

Judge:
Doug Jones, Independent Arbitrator

Debaters:
Meg Utterback, Partner, King & Wood Mallesons
Ing Loong Yang, Partner, Latham & Watkins
Judith Levine, Independent Arbitrator
Robert Wachter, Co-head of the International Arbitration & Cross-Border Litigation Group, Lee & Ko 

18:00-18:05     Closing remarks

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

Kevin Kim, Partner, Peter & Kim

Testimonials

  • “Very informative, practical insights.” - Gary Gao, Zhong Lun Law Firm

  • “The symposium was professional and inclusive – excellent!” - Ian Bailey AM SC, Wentworth Chambers

Ticket Prices

Private Practitioner
Type Price
Tier 1 £100
Tier 2 £200

 

In-house/government rate
Type Price
Standard £0