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Driven by regulatory change, consumer and investor demand and a realization among institutions, boards, employees and other stakeholders of the importance of environmental, social and corporate governance (“ESG”) issues to sustainable growth, companies worldwide have increasingly had to navigate the emerging challenges and opportunities relating to these issues.

This is also true of compliance with human rights, where addressing and mitigating any potential adverse human rights impacts and associated legal risks is a priority for many corporations, including compliance with, for example, human rights, slavery and trafficking statutes.

What role can international arbitration play in addressing some of the legal consequences deriving from these concerns?

SPEAKERS:

James Kwan
Partner, Hong Kong | International Arbitration - Hogan Lovells 

James is an International Arbitration partner in our Hong Kong office who advises clients engaged in high value and complex arbitrations. He specialises in technology, private equity, energy, and life sciences disputes. 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. James has also sat as arbitrator and rendered awards in HKIAC, ICC, and DIAC arbitrations, and in addition is on the CIETAC, LCIA, SHIAC and KCAB and AIAC panels.  James is a solicitor advocate with Higher Rights of Audience before the Hong Kong courts.

Gaston P. Fernandez

Office Managing Partner, Hanoi / Ho Chi Minh City | Corporate and Finance - Hogan Lovells

Gaston handles corporate, project development and finance matters. Fluent in Spanish and Mandarin, in addition to his native English, he facilitates deals for clients across borders and cultures. Gaston relocated to our Vietnam offices in 2021, having spent three years in the Beijing office and eleven in the Miami office of Hogan Lovells. Gaston has worked on matters involving financing from U.S., European and Asian banks, including China Development Bank, The Export-Import Bank of China, Bank of China, Industrial and Commercial Bank of China (ICBC), The Japan Bank for International Cooperation (JBIC), and The Export-Import Bank of Korea.

Gauthier Vannieuwenhuyse

Counsel, Paris - Hogan Lovells

Gauthier Vannieuwenhuyse is a counsel in the International Arbitration Group in our Paris office, with a focus on commercial and investment treaty arbitration. Gauthier has particular experience in arbitration in the technology and telecommunications, energy, and pharmaceutical sectors, with a focus on emerging markets. He also regularly acts in arbitration-related Court proceedings including annulment proceedings before the Paris Court of Appeal.

 

EVENT DETAILS:

Date: Wednesday, 15 June 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link. 

 

John Rhie and Lillian Li will focus their talk on navigating an arbitration; including how Quinn Emanuel conducts a case as arbitration counsel, from start to finish. Key areas of focus including milestone stage, what aspects cost the most (and how this can be managed), as well as key procedural issues such as discovery, confidentiality, and privilege – topics that are likely to be important to clients.  The seminar will also discuss how the pandemic has impacted international arbitration and what we developments we should expect in the future

SPEAKERS:

John Rhie
Managing Partner- Quinn Emanuel (Hong Kong Office)

John Rhie is the managing partner of Quinn Emanuel’s Hong Kong office and the head of the international arbitration practice in Asia. He has extensive experience in both commercial and investment treaty arbitration, and has acted as counsel and arbitrator in all major arbitral institutions, including the ICDR, HKIAC, ICC, ICSID, KCAB, LCIA, SIAC, and in ad hoc arbitrations around the world.

John is recognised as a leading expert, and is ranked by all major legal publications. Chambers and Partners says that he is “a strategic mastermind”, that “he has the rare ability to be clear and persuasive in both English and Korean”, and that he is “one of the best young arbitration lawyers in Asia”.

The Legal 500 says that the “highly sought after” John Rhie is “brilliant and lucid”. John was chosen as one of the “hot 100” figures in the Asian legal industry by Asian Legal Business and was the youngest practitioner to be named in Global Arbitration Review’s “45 under 45” leading international arbitration practitioners.

John also regularly sits as an arbitrator, and was an adjunct professor at Seoul National University and at the Korean Supreme Court’s Judicial Research and Training Institute.

Lillian Li
Associate- Quinn Emanuel (Hong Kong Office)

Lillian Li is an associate in Quinn Emanuel’s Hong Kong office where her practice focuses on international arbitration and cross-border litigation, including white-collar and cross-border insolvency matters.

Lillian is also committed to pro-bono and has filed amicus briefs on behalf of NGOs before the Hong Kong courts (including the Hong Kong Court of Final Appeal) in landmark constitutional cases.  She has also advised foreign governments and the Hong Kong government on human rights legislation.

Previously, Lillian clerked for the Vice President of the European Court of Human Rights in Strasbourg, France and also for the Hong Kong Court of Final Appeal and High Court.

EVENT DETAILS:

Date: Wednesday, 27 April 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link. 

In the wake of the COVID-19 pandemic, an increasing number of listed companies in Hong Kong face uncertain business conditions and unprecedented financial difficulties.  This has led to an increased risk of trading suspensions and delistings under the more streamlined approach adopted by the Hong Kong Stock Exchange (HKEX) in 2018 to enable the cancellation of the listing of a suspended company after a trading suspension of 18 continuous months. Following the unsuccessful outcome of the review application made to the Listing Review Committee (LRC) and as a measure of last resort, some listed companies facing the threat of delisting have sought to challenge the decisions of the HKEX by way of judicial review in a hope to delay or avoid delisting. However, the Hong Kong courts have generally been unsympathetic to the applicants despite a wide range of innovative grounds and arguments being put forward. The threshold, therefore, remains high and it will be an uphill battle for listed companies to overturn the HKEX’s decisions. 

In this webinar, we will look into the requirements for listed issuers to maintain their listing status, the successful and unsuccessful arguments that have been deployed in challenging delisting decisions under Hong Kong’s current regime based on the recent LRC decisions and judicial review decisions, the considerations for the HKEX and the Court, and practical tips for suspended listed issuers to resume trading within the remedial period.

SPEAKERS:

A person with dark hair

Description automatically generated with low confidenceStephanie Chan
Partner, Dispute Resolution & Regulatory - Reed Smith Richards Butler LLP, Hong Kong

Stephanie specialises in commercial litigation, contentious regulatory matters and international arbitration. Stephanie has extensive experience in advising multinational and Chinese companies in a broad range of commercial disputes across multiple jurisdictions, with a particular focus on cross-border contractual disputes, joint venture and shareholder disputes, fraud, enforcement of securities and debt recovery.

She also has assisted numerous clients from across different industry sectors including financial services, mining, real estate, entertainment, energy, medical as well as manufacturing.

Stephanie also has particular expertise in advising multinational companies, PRC state-owned enterprises, international investment banks, Chinese banks, private equity funds and asset managers in regulatory investigations conducted by regulatory and enforcement authorities including the Hong Kong Stock Exchange, Securities and Futures Commission, Hong Kong Monetary Authority and Commercial Crime Bureau.

Stephanie was recognised as a "Next Generation Lawyer” and “Next Generation Partner” for Regulatory by the Legal 500 Asia-Pacific from 2018 to 2020. The Legal 500 Asia-Pacific (Dispute Resolution: Litigation) 2022 edition has also noted that “[t]he ‘responsible, approachable and hands-on‘ Stephanie Chan specialises in contractual and shareholder disputes as well as offering advice on enforcement actions” and “Stephanie Chan’s team (including Adrian Tang and Louisa Wong) is very strong at handling the various needs of the client and is well-positioned to provide valuable insight/advice to the client in matrimonial litigations and company-related matters”.

A person wearing glasses

Description automatically generated with low confidenceAdrian Tang
Senior Associate, Dispute Resolution & Regulatory - Reed Smith Richards Butler LLP, Hong Kong

Adrian specialises in commercial litigation and contentious regulatory matters. Adrian has extensive experience in advising multinational and Chinese companies, international banks and high net-worth individuals in a broad range of commercial disputes across multiple jurisdictions, including cross-border contractual disputes, joint venture and shareholder disputes, before the Courts, Arbitral Tribunals and Mediators.

Adrian is well-regarded by his clients and has handled a range of complex commercial disputes across different industry sectors including financial services, consumer goods, energy and infrastructure, real estate, manufacturing and technology.

Adrian has advised multinational companies, PRC state-owned enterprises, international investment banks and their directors and employees in regulatory investigations conducted by regulatory and enforcement authorities, including the Hong Kong Stock Exchange, Securities and Futures Commission and the Hong Kong Monetary Authority.

EVENT DETAILS:

Date: Wednesday, 25 May 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link. 

We hope you all have been keeping well and staying safe! The next virtual lunch circle of ACC HK Financial Services Sub-committee will be held via zoom on Wednesday, 6 April 2022 from 12:45 - 2:00 pm.  

As with past lunches, the agenda will consist of crowd-sourced discussion topics submitted by attendees so that we can share ideas and input with each other.  We encourage each attendee to submit at least one topic for discussion.

The details of everything we discuss at the virtual lunch is strictly confidential and subject to Chatham House rules, which will allow our discussion to be candid, informative and helpful. Our purpose is to maximise input from a broad cross-section of firms across the financial services industry in a safe and confidential setting, and to make the session insightful and valuable.

Please join us and participate, and submit topics that you would like to be discussed. The event headcount will typically be capped to give everyone time to discuss his/her topics. We look forward to connecting with you at the virtual lunch!

Venue:  Zoom details will be forwarded upon registration

Date:  Wednesday, 6 April 2022

Time:  12:45 pm - 2:00 pm

RSVP: 4:00 pm- Monday, 4 April 2022

Since the start of the Covid-19 pandemic, employers have seen a huge increase in requests from employees to work from home in another country for the short, medium and long term.

Although this may seem a sensible option in the circumstances, the creation of a temporary overseas workforce presents potential pitfalls for employers. Employers should therefore be mindful of the various legal implications of these “work from home, abroad” arrangements before agreeing to such requests.

 

In this session, Lewis Silkin’s Hong Kong team will cover:

  • Key considerations for employers when evaluating requests to work from home abroad, including in relation to tax, local employment rights, immigration issues and data protection; and
  • Key practical steps for employers to help minimise the risks of any legal problems.

SPEAKERS:

Kathryn Weaver
Partner | Head of Employment Law Practice- Lewis Silkin LLP

Kathryn is the Head of the Lewis Silkin employment law practice in Hong Kong. She has extensive experience of advising multinational employers in the Asia Pacific region and the US on international employment law matters. Kathryn undertakes a broad range of employment-related work across Asia Pacific, such as implementing partnership programmes in several jurisdictions, coordinating global employee handbook reviews and the drafting of template employment documents, overseeing litigation and restrictive covenant disputes in various Asia Pacific countries, coordinating multi-country reviews and projects, carrying out disciplinary and grievance investigations, advising on senior ex-pat relocation packages, handling dismissals and negotiating settlement agreements. In addition, she regularly advises on UK employment law and undertakes EMEA employment-related projects.

Catherine Leung
Partner | Specialist of Employment Law Practice- Lewis Silkin LLP

Catherine is a specialist Hong Kong employment lawyer, with over 16 years' experience, and advises on all legal issues arising in the work place, both contentious and non-contentious. She has a particular focus on tendencies, bonus entitlement disputes, complex discrimination and sexual harassment cases, sickness absence, grievance and disciplinary matters, team moves, senior terminations, leading regional employment law projects and data privacy. Catherine also advises clients in relation to investigations brought by the Labour Department and the Equal Opportunities Commission.

EVENT DETAILS:

Date: Tuesday, 10 May 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link. 

In recent years, we have seen Chinese authorities seeking to develop China's derivatives market and further opening up domestic market to foreign participants. However, the lack of legal certainty on netting under PRC law has been a hurdle on the growth of China's derivatives market.

As a prevalent understanding, the recognition of enforceability of close-out netting is one of the most effective steps towards establishing a safe and efficient derivatives market. It could permit parties to reduce their obligations to a single net payment due from one party to another, mitigating credit risks associated with derivative contracts and reducing the potential for market disruption in the event of a default.

Notably, in October 2021, the draft PRC Futures and Derivatives law was introduced for second reading at the Standing Committee of the National People's Congress of China, which represents the first step in China's legislative history to expressly acknowledge the enforceability of close-out netting at a national law level.

In that end, this session will cover the following sections:

1.    Overview of the current legal position on the enforceability of the close-out netting regime under PRC law

2.    Close-out netting arrangements under the PRC Futures and Derivatives Law (Draft) and issues pending clarification

3.    Outlook

SPEAKER:

TieCheng Yang
Partner- Han Kun Law Offices (Beijing)

TieCheng Yang is a Beijing-based partner of the Banking and Finance group at Han Kun Law Offices. Before joining Han Kun, TieCheng was a partner at Clifford Chance, where he headed the firm's financial regulatory practice in China. The China Business Law Journal listed TieCheng in December 2017 as one of the top 100 lawyers in all of China.

TieCheng has over 20 years' experience advising clients on China's financial markets, including RMB internationalization, banking, bonds (Panda Bonds and Dim Sum Bonds), securities and insurance, derivatives, structured products, the Stock Connects, the Shanghai Free Trade Zone, fund investment (QFII/RQFII, QDII and RMB funds), data protection, bank privacy, cyber-security and Fintech. TieCheng has rich experience in the review of derivatives agreements, including ISDA and China counterparts, NAFMII and SAC agreements. He focuses on financial regulations, and has over the years made significant contributions to the development of China's financial market. TieCheng's clients include domestic and foreign multinational corporations and financial institutions.

TieCheng is a native Mandarin speaker and is fluent in English.

TieCheng is a member of NAFMII's Legal Committee, NAFMII's Repo Master Agreement Drafting Committee, and Asia Pacific Arbitration Academy Committee of China Academy of Arbitration Law.

TieCheng received his B.A. from Peking University and his LL.M. from NYU School of Law.

EVENT DETAILS:

Date: Thursday, 7 April 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link.

Doing pro bono work is an important part of being a lawyer, and during these difficult times, providing legal support to those in need is more important than ever. Participating in pro bono work is also very satisfying professionally, and can expand your range of legal skills at all levels of experience. but before you dive in, especially as an in-house counsel, we’ve some reminders and tips on how to get prepared.

This unique seminar covers the current opportunities for in-house counsel and the issues  faced before engaging in pro bono work. It is ideal for new in-house counsel, and those new to pro bono work.

Building upon the information in ACC HK’s Pro Bono for In-House Counsel Guide, our specialist panel will delve into the current regulatory regime, limitations, alternative arrangements and importantly, the practical challenges of doing pro bono work within your organisation. In addition, the panel will  share some success stories from in-house lawyers who have done this before, and highlight some available resources. 

SPEAKERS:

Davyd Wong
Davyd is co-chair of the ACC Hong Kong’s ProBono Committee and director and founder of Pro Bono HK Ltd, a local charity working to improve access to justice for the marginalized and disadvantaged in Hong Kong.

Julia Mayerhofer
Julia is the Executive Director of PILNet Hong Kong with over 10 years experience working on human rights and refugee issues in Asia, with a focus on public interest law, in particular working with NGOs and exploring how legal pro bono can be used more strategically to their benefit.

Katherine Henzell
Katherine is a specialist legal counsel for the Global Banking unit of UBS Investment Bank in Hong Kong covering equity derivatives, with an emphasis on corporate derivatives and strategic equity solutions across Asia Ex-Japan region. She also founded and jointly leads their pro bono program at UBS AG in Hong Kong. 

EVENT DETAILS:

Date: Thursday, 24 March 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link. 

The talk will provide an overview of the key considerations, and the parties and process, involved in an M&A transaction involving a Hong Kong public company. The aim is to highlight and to equip in-house counsels with the toolset to strategize and steer their company though the process, either as the target or the acquirer.

SPEAKERS:

Henry Ong
Partner- Weil, Gotshal & Manges

Henry is a partner in the Corporate department of Weil, Gotshal & Manges. Based in the Firm’s Hong Kong office, Henry advises on the full range of complex cross-border and Hong Kong M&A transactions, including public and private deals, strategic alliances and joint ventures.

With over 25 years of M&A experience, Henry is consistently recognized as a leader in his field by legal directories including Chambers and Partners Greater China Region, IFLR1000 Asia-Pacific and Legal 500 Asia Pacific. Chambers noted that clients applauded Henry for always “plan[ning] ahead to ensure a smooth execution of the transaction.” Legal 500 also noted that clients recognize that “Henry stands out for his strategic thinking combined with sound legal analysis.”

Henry regularly represents global strategic investors and financial sponsors, as well as boards of Hong Kong-listed companies, on buyouts, control acquisitions, minority investments, co-investments and corporate governance matters.

Jacky Sin
Associate- Weil, Gotshal & Manges

Jacky is an associate in the Corporate Department of Weil, Gotshal & Manges’ Hong Kong office. Jacky represents public and private companies and private equity sponsors in connection with corporate and transactional matters, including domestic and cross-border mergers and acquisitions and joint ventures. He also advises on general corporate matters. Prior to joining Weil, Jacky worked at leading international law firms in Hong Kong, Toronto and London.

EVENT DETAILS:

Date: Thursday, 10 March 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link. 

Insufficient patent protection and enforcement in China has been a long-standing frustration for international and domestic rights holders. However, a series of changes to the patent landscape in recent years seeks to alleviate these frustrations. Join us for this exciting webinar looking at the fourth amendment to the Patent Law and China’s initiatives to improve the quality of patents and crackdown on bad-faith applications. It will also consider the implications of these changes for international companies operating in China, like the increasingly pro-patentee landscape and strengthened patent protection and enforcement. The unique and ever-changing landscape means global companies need to adapt and take advantage of these changes to maintain a competitive edge.

SPEAKERS:

Ai-leen Lim
CEO & Principal Counsel- AWA Asia Limited

Ai-Leen Lim leads AWA’s Asia practice as CEO and Principal Counsel, managing its headquarters in Hong Kong and its wholly owned Chinese IP consultancy in Beijing. She is admitted as an advocate and solicitor in Singapore and is qualified to practice in Hong Kong and the United Kingdom.

For more than 23 years, she has advised clients on IP portfolio management in China, in Hong Kong and internationally, with a special focus on China market entry, brand management and IP strategy.

Ai-Leen has been consistently recognized for her work through rankings and awards from leading industry publications including Chambers and PartnersThe Legal 500World Trademark Review and Managing IP. Most recently she was listed as a WTR Global Leader 2021 by World Trademark Review.

Xiaofan Chen
Partner- AWA Asia Limited(Beijing)

Xioafan Chen is a Partner in AWA Asia's Beijing office. He has over 17 years of experience with contentious and non-contentious strategic patent portfolio management. He represents international clients in patent invalidation, patent infringement and administrative cases.

Xiaofan was one of the first patent litigators to be officially registered with the Supreme People’s Court in China and since 2018 has been recommended for patent prosecution in China in the IAM Patent 1000: The World’s Leading Patent Professionals.​

EVENT DETAILS:

Date: Tuesday, 1 March 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link.

On 10 December 2021, Hong Kong Exchanges and Clearing Limited (“HKEX”) published its consultation conclusions on “Review of Corporate Governance Code & Related Listing Rules and Housekeeping Rule Amendments (the “Consultation Conclusions”), the relevant amendments to the Corporate Governance Code (the “CG Code”) set out in Appendix 14 and Appendix 15 to the Main Board and GEM Listing Rules (the “LRs”) respectively, the related LRs and other housekeeping LRs (the “Rule and Code Amendments”).

This webinar will provide participants with an understanding of the following areas:

  1. A summary on the major Rule and Code Amendments; and
  2. A sharing on the practical implications for listed issuers, board personnel, senior management and corporate governance professionals and the likely action required for listed issuers.

SPEAKERS:

Mandy Mok
Executive Director, Corporate Services

Mandy has over 25 years of experience in the company secretarial field focusing on business development, corporate governance practices and company secretarial service offerings to HKEX listed companies. She started her career at KPMG Hong Kong for around 10 years handling clients from different business sectors.  She possesses wealth of experience in advising and assisting IPO clients to adopt board procedures and corporate governance practices from scratch and providing guidance during implementation stage. She had served as the company secretary or joint company secretary for a number of state-owned enterprises, A+H and H-share companies in the recent 10 years.

Mandy is a Chartered Secretary, a Chartered Governance Professional and a Fellow of both The Hong Kong Chartered Governance Institute (“HKCGI”) and The Chartered Governance Institute in the UK. Mandy holds a master degree in Applied Accounting and Finance (distinction).

Wendy Ho
Executive Director, Corporate Services

Wendy has over 25 years of experience in the trust administration, corporate secretarial and compliance service field. She started her career at Ernst & Young Hong Kong providing corporate secretarial and advisory services to companies of diversified background prior to her joining Tricor. Her practice focuses on business development, corporate governance and regulatory compliance services. She is acting as  company secretary or joint company secretary for a number of Hong Kong listed companies. Wendy is a Chartered Secretary, a Chartered Governance Professional and a Fellow of both HKCGI and The Chartered Governance Institute in the UK. She is also a Council Member of HKCGI, the Vice-Chairman of the Professional Development Committee and Professional Services Panel of HKCGI. Wendy holds an MBA from the Hong Kong Polytechnic University.

EVENT DETAILS:

Date: Wednesday, 23 February 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link.

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