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Overview (Program Summary)
A program hosted by:
ACC Hong KongThe ACC Hong Kong Board of Directors invites you to the following presentation, jointly delivered by Hogan Lovells.
How the pandemic is reshaping everything we thought we knew about dispute resolution and cross-border insolvency.
With courts around much of the world still in lockdown, clients are wondering how best to pursue their claims while much of everyday business life remains at a standstill.
Arbitration and litigation are often seen as competing for attention. With attributes such as the ease of enforcement of an award, flexibility, neutrality, finality, and confidentiality, arbitration is the preferred choice for cross-border deals, particularly those involving a Chinese party.
The pandemic is likely to increase insolvency risk. A number of recent Hong Kong and Singapore court judgments have questioned the role that arbitration clauses can play when it comes to insolvency.
Enforcing against entities with interests in the PRC may now be more problematic with courts taking a long hard look at whether typical clauses in finance documents, designed to protect the interests of the lender, apportion risk fairly between the parties and should be upheld.
In mainland China, there has been the issue of a record number of force majeure certificates to affected Chinese companies; how this impacts on the enforcement of an arbitral award in mainland China, when an arbitral tribunal rules there has been no force majeure, is uncertain.
Hogan Lovells and the Hong Kong Association of Corporate Counsel ("ACC") are pleased to co-host this seminar, in which experts will provide practical tips on the most effective dispute resolution mechanism, how best to enforce against entities with assets in the PRC, and how to make sure your interests are furthered when faced with delays.
Considering recent decisions in Hong Kong and elsewhere, we will discuss the following:
- Choice of the most appropriate dispute resolution mechanism – does this change in the age of COVID-19?
- Which takes precedence: an arbitration clause or a winding up petition?
- The challenge of 'hybrid' or 'asymmetric' dispute resolution clauses when enforcing in the PRC;
- COVID-19 and its impact on the enforcement of an arbitral award in the PRC; and
- Planning for the exit – five strategies to ensure you are at the front of the queue in resolving disputes.
Speakers
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James Kwan, Partner, Hogan Lovells. James is an International Arbitration partner in Hong Kong. He specialises in complex and high value disputes in a variety of sectors, including financial institutions, technology, infrastructure, energy, and life sciences. He has a range of international experience, having represented clients in arbitrations in Asia, the U.S., Middle East, and Europe under the major institutional and ad hoc rules, such as ICC, HKIAC, SIAC, CIETAC, LCIA, AAA, DIAC, and UNCITRAL |
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Jonathan Leitch, Partner, Hogan Lovells. Jonathan is a Restructuring partner in our Hong Kong office. He specialises in restructuring and special situations and acts for a range of financial institutions, credit investors, insolvency office holders, turnaround specialists, hedge funds, private equity firms and corporations. Jonathan has advised on transactions throughout the Asia Pacific region, principally Hong Kong, PRC, and Singapore, and also Australia, Indonesia, Malaysia, Thailand, and increasingly India |
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Antonia Croke, Foreign Legal Consultant, Hogan Lovells. Antonia, previously a Partner in our London office, recently relocated to join our Litigation team in Hong Kong. She focuses on complex, cross-border litigation for multinational companies and financial institutions and is very experienced in advising on corporate and shareholder disputes, fraud, insolvency/restructuring, and financial services litigation. Antonia has run "bet the company" litigation and internal investigations across Europe, the UK, U.S., Singapore, Hong Kong, and Australia. |
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Zoe Dong, Senior Associate, Hogan Lovells. Zoe is an associate in the firm’s International Arbitration group. She has experience representing Chinese and multinational companies on high-value, complex and multi-jurisdictional arbitration and commercial litigation, and on internal investigation and regulatory enforcement and compliance matters. |
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Amy Wei, Registered Foreign Lawyer, Hogan Lovells. Amy is a registered foreign lawyer in the firm’s International Arbitration group in Hong Kong. She is experienced in representing Chinese and multinational companies in complex, high-stake and multi-jurisdiction arbitration and court proceedings in support of arbitration. She also advises and acts for multinational companies, states and state entities in cross-border investment projects and investment disputes. |
