Arbitration fee reform – a win-win for Hong Kong

The webinar will explain the new deal on legal costs in arbitration for Hong Kong, the rationale behind the reform, and the flexibility this provides for both clients and their lawyers in whether and how to pursue, and more importantly, finance meritorious claims through arbitration. Two of the speakers, Kathryn and Briana, are co-chairs of the Law Reform Commission sub-committee, set up to consider whether reform was needed in this area.  They are considered thought leaders in this area, and are well-placed to speak to this topic.  Tomas is based in Singapore, and is leading the discussion behind similar changes in Singapore. He will speak to Singapore's regime, and contrast Singapore and Hong Kong with other globally-recognised disputes hubs.  The discussion will also look at pricing and risk more generally, and different ways to structure and price the legal costs of arbitration.  This is a trending topic in the region, and in-house counsel will be expected to be on top of current events. We look forward to the discussion.

SPEAKERS:

Kathryn Sanger

Partner, HSF

Kathryn advises clients on complex international arbitration proceedings in Asia Pacific. Based in Hong Kong, she has over 20 years' experience of advising clients on arbitration and litigation proceedings in Asia Pacific across a wide range of industries and locations, with particular strengths in financial services, M&A, energy and in China-related matters. Her arbitration skills and reputation in China matters are enhanced by her ability to speak and read Mandarin Chinese.  She was a Council Member of the Hong Kong International Arbitration Centre (HKIAC) between 2008 and 2019.  Between 2013 and 2018, Kathryn chaired the HKIAC appointments committee, and she has also served on its rules and proceedings committee, and was a member of its rules drafting committees.  Until December 2021, Kathryn also served on the HKIAC's finance and administration committee. Kathryn has been appointed to co-chair a new sub-committee of the Hong Kong Law Reform Commission on outcome-related fees for arbitration, and she is a member of the Hong Kong Third Party Funding Advisory Board.  Kathryn also sits regularly as an arbitrator, is listed on the HKIAC's Panel of Arbitrators, and is a member of the Users Council of the Singapore International Arbitration Centre.  She is admitted to practice in Hong Kong, and in England and Wales, and has a diploma in PRC law.

Tomas Furlong

Partner, HSF

Tomas is a partner in our Southeast Asia disputes practice.  He has a broad commercial practice covering arbitration and cross-border litigation, with a focus on the energy and TMT sectors.  He has recent experience of commercial fraud, joint venture, contract and investment treaty claims. Tomas acts as counsel (advocate) and arbitrator and has experience of matters under the SIAC, HKIAC, ICC, LCIA, ICSID and CIETAC arbitration rules.  Tomas speaks regularly on conditional and contingency fee arrangements and third-party funding in Asia.  He co-leads a global project to help our clients by leveraging our data and insight as a firm to predict outcomes and costs in disputes.  This experience also allows us to offer bespoke pricing and increases our ability to take risk on the outcome of disputes. “Tomas Furlong garners praise as ‘a measured and persuasive advocate’ who is ‘in the detail and extremely diligent’” (Who’s Who Legal, Arbitration Future Leaders 2022). “Tomas Furlong is experienced in the TMT and energy sectors as well as disputes relating to private equity and sovereign fund investments” (Legal 500 2022, Singapore International Arbitration, Next Generation Partner and Tier 1 practice).

Briana Young

Foreign Legal Consultant, HSF

Briana has almost 20 years' experience in international arbitration, first as counsel and now as a foreign legal consultant and professional support consultant in Herbert Smith Freehills' Greater China international arbitration team. She is also an experienced tribunal secretary, and sits as arbitrator. Briana is a senior member of the Herbert Smith Freehills team and an expert in international arbitration law and procedure. She speaks and teaches on a range of arbitration topics, as well as writing articles, legal briefings and other publications. Briana is Vice Chair of the Hong Kong International Arbitration Centre, Chair of the HKIAC Proceedings Committee, and a member of the committee responsible for drafting the HKIAC Administered Arbitration Rules 2013 and 2018. She is on the Editorial Boards of Practical Law and Practical Law China. Briana co-chairs the Hong Kong Law Reform Commission's sub-committee on outcome-related fee structures in arbitration. She also co-chaired HKIAC’s Task Force on Third Party Funding in Arbitration, and writes and speaks frequently on arbitration funding.