28 Jun 16

2nd ICC Asia Conference on International Arbitration

Hong Kong, • English

Attend this conference to keep up-to-date with the latest regional developments in international arbitration.

Description

2nd ICC Asia Conference on International Arbitration

The conference will offer a line-up of top-class speakers, various plenaries, an excellent opportunity to network, an in-house counsel roundtable and sessions on:

  • International arbitration in Greater China: recent developments
  • Investor-State arbitration under the ICC Rules
  • Intellectual Property Disputes

ICC Institute Advanced Level Training on “The conduct of the proceedings and case management – the arbitrator’s perspective”Taking place on Tuesday 28 June 2016, this training will focus in depth on how the arbitrator should establish his authority over the parties throughout the proceedings, including hearings, and deal with his fellow-arbitrators.

Workshop – Decisions as to Costs in International Arbitration

On Thursday 30 June, the ICC Commission on Arbitration and ADR will organize a workshop on Decisions as to Costs in International Arbitration; focusing on the Commission’s new Report on the topic. It is the latest initiative to ensure that ICC arbitration continues to be a viable and attractive form of dispute resolution for its users.

The objective of this Report is to inform users how arbitral tribunals may allocate costs with a view to controlling time and costs effectively and to assist in creating fair, well-managed proceedings which meet the expectations of users.

Who should attend?

Practising lawyers, corporate counsel, arbitrators, mediators, business professionals and academics coming from or doing business in Asia.

Training Programme

Tuesday 28 June – ADVANCED LEVEL TRAINING: The conduct of the proceedings and case management – the arbitrator’s perspective

Registration (09.00-09.30)

MORNING SESSIONS (09.30-13.15)

Welcome coffee generously sponsored by BW ARBINTL LTD

Welcoming address and introduction

  • Eric A. Schwartz, Vice-Chair, ICC Institute of World Business Law; Partner, King & Spalding, France & United States

Active Case Management Techniques
From the very outset of the arbitration, the tribunal has to actively assist the parties in organizing and streamlining the conduct of the proceedings. During this session, participants will learn and discuss both from a theoretical and a practical standpoint effective case management techniques. These will include issues related to drafting the terms of reference, preparing and conducting case management conferences, and adopting procedural timetables.

  • Eric A. Schwartz

Effective Management of Arbitration: an ICC perspective
During this session participants will be provided with ICC insights and best practices on various active management techniques.

  • Cheng-Yee Khong , Director and Counsel, Asia Office, international Court of Arbitration, Hong Kong

Case scenarios on active case management techniques and debate

  • Eric Schwartz

Coffee break generously sponsored by Foley Hoag

Arbitrators’ Authority: Scope and Limits
The notion of ‘authority of the arbitral tribunal’ is a complex and multifaceted one which plays a key-role in the creation of a suitable framework for the arbitration. It involves both the relationship between the arbitrators as well the tribunal’s relationship with counsel and raises challenging questions. Among others: how far a dissenting opinion can go and still be effective and appropriate; what is the scope of the tribunal’s authority to sanction counsel’s wrongful conduct; what types of sanctions are available?

  • Yoshimi Ohara , Partner, Nagashima Ohno & Tsunematsu, Tokyo, Japan; Vice-President, ICC International Court of Arbitration

Case scenarios on arbitrators’ authority: scope and limits and debate

  • Yoshimi Ohara

13.15-14.15 Lunch generously sponsored by Wolters Kluwer

AFTERNOON SESSIONS (14.15-17.00)

Conducting hearings
Conducting fair and orderly hearings is one of the most critical tasks faced by arbitrators. Indeed, the respect of the due process on one side and the need to efficiently conduct the arbitral hearing on the other may pose a significant challenge for arbitrators.
During this session participants will learn how arbitrators should deal with issues such as: questioning of witnesses or attorneys, deciding whether to request additional evidence not provided by the parties and evaluating the need to appoint an expert.

  • Christopher Lau , Senior Counsel, 3 Verulam Buildings, Singapore; Member, ICC International Court of Arbitration

Case scenarios on Conducting hearings

  • Christopher Lau

Coffee break generously sponsored by Seoul International Dispute Resolution Center

Managing the exchange of information
Obtaining and presenting information is of paramount importance when preparing an international commercial arbitration case. The mission of the arbitral tribunal lies in managing such exchange of information, taking into consideration the different cultural legal approaches of the parties and their counsel. Participants will learn more on how arbitrators should deal with issues such as: the management of electronically stored information; the preservation of the confidentiality of information and related issues of applicable law; protection of trade, technological and commercial secrets; privacy of the arbitral proceedings; and ethical conduct of the arbitrators.

  • Karyl Nairn QC , Partner & global co-head of International Litigation and Arbitration Group, Skadden, Arps, Meagher & Flom LLP, United Kingdom

Case scenarios on managing the exchange of information and debate

  • Karyl Nairn QC

Closing remarks

  • Eric A. Schwartz

Speakers

Louise Barrington , Independent arbitrator, Hong Kong

Abhinav Bhushan , ICC Regional Director for South Asia, ICC International Court of Arbitration, Singapore

Andrea Carlevaris , Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris

John Choong , Partner, Freshfields Bruckhaus Deringer, Hong Kong

Mingchao Fan , ICC Regional Director for North Asia, ICC International Court of Arbitration, Shanghai

Shilin Huang , Partner, K&L Gates, Taiwan

Sapna Jhangiani , Counsel, Clyde & Co Clasis, Singapore

Neil Kaplan , International Arbitrator, Hong Kong; Member, ICC International Court of Arbitration

Cheng-Yee Khong , Director and Counsel, Asia Office, international Court of Arbitration, Hong Kong

Kap-You (Kevin) Kim , Partner, Bae, Kim & Lee LLC, Seoul, Korea; Vice-President, ICC International Court of Arbitration

David Kreider , Chartered Arbitrator, New Zealand & Hong Kong; Alternate Member, ICC International Court of Arbitration

Christopher Lau , Senior Counsel, 3 Verulam Buildings, Singapore; Member, ICC International Court of Arbitration

Wendy Miles QC , Partner, Boies, Schiller & Flexner, United Kingdom

Alexis Mourre , President, ICC International Court of Arbitration, Paris

Karyl Nairn QC , Partner & global co-head of International Litigation and Arbitration Group, Skadden, Arps, Meagher & Flom LLP, United Kingdom

Christopher Newmark , Partner, Spenser Underhill Newmark LLP, United Kingdom; Chairman, ICC Commission on Arbitration and ADR

Nigel Nien-Tsu Li , Partner & CEO, Lee and Li, Taiwan, R.O.C.; Member, ICC International Court of Arbitration

Yoshimi Ohara , Partner, Nagashima Ohno & Tsunematsu, Tokyo, Japan; Vice-President, ICC International Court of Arbitration

Robert S. Pé , Partner, Gibson, Dunn & Crutcher LLP, Hong Kong

Maggie Pei , Associate General Counsel, Tesla Motors, China

Lucy Reed , Partner & Global co-head, International Arbitration and Public International Law groups, Freshfields Bruckhaus Deringer, Singapore; Vice-President, ICC International Court of Arbitration

Kim M. Rooney , Arbitrator and Barrister, Gilt Chambers, Hong Kong

Erik Schäfer , Partner, Cohausz & Florack, Germany

Eric A. Schwartz , Vice-Chair, ICC Institute of World Business Law; Partner, King & Spalding, France & United State

Vanina Sucharitkul , Registered Foreign Lawyer (California), Herbert Smith Freehills Ltd, Hong Kong

Masako Takahata , General Manager & General Counsel, Legal Department, Eurus Energy Holdings Corporation, Japan

Jingzhou Tao , Managing Partner in Asia, Dechert LLP, China; Member, ICC International Court of Arbitration

Mary Bee Lay Thomson , Arbitrator, Mediator, Barrister Pacific Chambers, Hong Kong; Associate Member, Stone Chambers London & Singapore

Romesh Weeramantry , Foreign Legal Consultant, Clifford Chance, Hong Kong

Wesley Wong , Solicitor General, Hong Kong

Byung-Chol (BC) Yoon , Partner, Kim & Chang, Korea; Member, ICC International Court of Arbitration

Rimsky Yuen , Secretary for Justice, Hong Kong

Conference Programme

2nd ICC ASIA CONFERENCE ON INTERNATIONAL ARBITRATION

Tuesday 28 June 2016

Cocktail reception, ToTT’s and Roof Terrace ( 18.00 – 20.00)

Wednesday 29 June 2016

07:30-08:30 Optional Breakfast: Using the ICC Expert Rules for effective dispute management and avoidance

Christopher Newmark , Partner, Spenser Underhill Newmark LLP, United Kingdom; Chairman, ICC Commission on Arbitration and ADR

Andrea Carlevaris , Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris

Erik Schäfer , Partner, Cohausz & Florack, Germany

Shilin Huang , Partner, K&L Gates, Taiwan

Registration (08.30 – 09.00)

Welcome coffee generously sponsored by Diales

MORNING SESSIONS (09.00-13.10)

Welcome address

  • Alexis Mourre , President, ICC International Court of Arbitration, Paris
  • Rimsky Yuen , Secretary for Justice, Hong Kong

International arbitration in Greater China: recent developments

  • Cheng-Yee Khong , Director and Counsel, Asia Office, international Court of Arbitration, Hong Kong
  • Neil Kaplan , International Arbitrator, Hong Kong; Member , ICC international Court of Arbitration
  • Nigel Nien-Tsu Li , Partner & CEO, Lee and Li, Taiwan, R.O.C.; Member, ICC International Court of Arbitration
  • Jingzhou Tao , Managing Partner in Asia, Dechert LLP, China; Member, ICC International Court of Arbitration
  • Mingchao Fan , ICC Regional Director for North Asia, ICC International Court of Arbitration, Shanghai

Coffee break generously sponsored by Landmark Chambers

Investor-State arbitration under the ICC Rules

  • Andrea Carlevaris , Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris
  • Kap-You (Kevin) Kim , Partner, Bae, Kim & Lee LLC, Seoul, Korea; Vice-President, ICC International Court of Arbitration
  • Romesh Weeramantry , Foreign Legal Consultant, Clifford Chance, Hong Kong
  • Lucy Reed , Partner & Global co-head, International Arbitration and Public International Law groups, Freshfields Bruckhaus Deringer, Singapore; Vice-President, ICC International Court of Arbitration

13.10 – 14.40 Lunch, Cafe on the 1st

Generously sponsored by Foley Hoag and Matson Driscoll & Damico

AFTERNOON SESSIONS (14.40-17.50)

Intellectual Property Disputes

  • David Kreider , Chartered Arbitrator, New Zealand & Hong Kong; Alternate Member, ICC International Court of Arbitration
  • Byung-Chol (BC) Yoon , Partner, Kim & Chang, Korea; Member, ICC International Court of Arbitration
    Wesley Wong, Solicitor General, Hong Kong
  • Erik Schäfer , Partner, Cohausz & Florack, Germany

Coffee break generously sponsored by Navigant

In-House counsel roundtable

  • Ipsita Aggarwal , Global General Counsel, Olam International, Singapore
  • Maggie Pei , Associate General Counsel, Tesla Motors, China
  • Alice To , General Counsel, Hsin Chong Construction Limited, Hong Kong
  • Masako Takahata , General Manager & General Counsel, Legal Department, Eurus Energy Holdings Corporation, Japan
  • Christopher Newmark , Partner, Spenser Underhill Newmark LLP, United Kingdom; Chairman, ICC Commission on Arbitration and ADR

Closing remarks

  • Abhinav Bhushan , ICC Regional Director for South Asia, ICC International Court of Arbitration, Singapore
  • Andrea Carlevaris , Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris
  • Mingchao Fan , ICC Regional Director for North Asia, ICC International Court of Arbitration, Shanghai

18.00-19.30 Optional ICC/ArbitralWomen session : Unconscious bias in international arbitration

Hosted by Freshfields Bruckhaus Deringer

  • Louise Barrington , Independent arbitrator, Hong Kong
  • Andrea Carlevaris , Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris
  • John Choong , Partner, Freshfields Bruckhaus Deringer, Hong Kong
  • Mary Bee Lay Thomson , Chartered Arbitrator, Mediator, Barrister Pacific Chambers, Hong Kong; Associate Member, Stone Chambers London & Singapore
  • Robert S. Pé , Partner, Gibson, Dunn & Crutcher LLP, Hong Kong
  • Vanina Sucharitku l, Registered Foreign Lawyer (California), Herbert Smith Freehills Ltd, Hong Kong

20.00 Dinner, Harbour View Rooms, 3rd floor

Workshop on Costs

Thursday 30 June – Decisions as to Costs in International Arbitration

The objective of this Workshop is to consider (i) a possible discussion at the initial Art. 24 Case Management Conference (CMC) phase regarding the approach to costs/costs allocation; and (ii) costs allocation at the final phase when drafting the reasons of the award, applying some of the considerations highlighted in the Report to the study of a mock case.

Workshop moderated by:

  • Christopher Newmark , Partner, Spenser Underhill Newmark LLP, United Kingdom; Chairman, ICC Commission on Arbitration and ADR

Programme:

08.30 – 09.00 Registration

08.30 – 09.00 Welcome coffee generously sponsored by Wolters Kluwer

09.00 – 09.15 Welcoming words

  • Alexis Mourre , President, ICC International Court of Arbitration, Paris

09.15 – 09.45 An introduction to the Report and background research work

  • Wendy Miles QC , Partner, Boies, Schiller & Flexner, United Kingdom

09.45 – 09.55 Introduction and explanation of case facts and tasks

  • Christopher Newmark

09.55 – 11.00 Phase 1: Addressing costs at early stage of procedure – the case management conference component

  • Abhinav Bhushan , Regional Director for South Asia, ICC International Court of Arbitration, Singapore
  • Kim M. Rooney , Arbitrator and Barrister, Gilt Chambers, Hong Kong

11.00 – 11.20 Coffee break generously sponsored by Matson Driscoll & Damico

11.20 – 12.10 Phase 2: Reasoning on costs – The awards component

  • Mingchao Fan , Regional Director for North Asia, ICC International Court of Arbitration, Shanghai
  • Sapna Jhangiani , Counsel, Clyde & Co Clasis, Singapore

12.10 – 12.30 Concluding remarks

  • Andrea Carlevaris , Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris

12.30 Networking lunch, Cafe on the 1st

Registration


Contac tus

  • Charlotte Strandberg
  • +33 1 49 53 29 34
  • Programme and logistics
  • Mouna El Jabri
  • +33 1 49 53 28 67
  • Registration
  • Sandra Sanchez Nery
  • +33 1 49 53 28 42
  • Sponsorship