November 18, 2023
1:30 pm to 5:00 pm
STL Building, Room 201
Organizers: Peking University School of Transnational Law, Rede Chambers and UNCITRAL
Register: https://www.wjx.cn/vm/mBCmkbM.aspx#
1. Opening Remarks: Horace Wong S.C., JP, Barrister-Senior Counsel, Arbitrator,Co-Head of Rede Chambers
2. Session One: Two Recent Hong Kong Arbitration Cases Highlighting the Courts’ Emphasis on Structural Integrity of Arbitral Proceedings(50 minutes)
Speaker: Leon Guo, Barrister, Rede Chambers
Case No. 1: Canudilo International Company Limited v Wu Chi Keung and Others [2023] HKCFI 700 (8 March 2023) Hong Kong Court refused to enforce an arbitral award because the procedure adopted by the tribunal was so “seriously flawed” and “egregious” that due process was denied
Case No. 2: G v. PHCCT 110/2022 [2023] HKCFI 2173 (23/08/2023): Court of First Instance Sets Aside Enforcement Order of an Arbitral Award Due to Invalid Service of the Notice of Arbitration
3. Break (10 minutes)
4. Session Two: Hong Kong Court of Final Appeal’s Recent Decision inC v DHighlighting the Court’s Pro-arbitration Approach (50 minutes)
Speaker: Horace Wong S.C., JP, Barrister-Senior Counsel, Arbitrator,Co-Head of Rede Chambers
Case No. 3: C v. D [2023] HKCFA 16, the Hong Kong Court of Final Appeal put an end to the debate over whether non-compliance with a multi-tiered dispute resolution clause (MDR clause) would deprive an arbitral tribunal of jurisdiction to hear the dispute. The Court of Final Appeal decided that, absent clear language to the contrary, the question of compliance with an MDR clause is an admissibility question and is thus a matter for tribunals to decide, and is not subject to judicial review.
5. Break (10 minutes)
6. UNCITRAL Asia Pacific Days 2023 (30 minutes)
Introduction to UNCITRAL and UNCITRAL’s arbitration and mediation frameworks, UNCITRAL e-modules and internship program.
Speakers: UNCITRAL Representatives
7. Fireside Chat “Common Issues in International Arbitration in Hong Kong” (50 minutes)
Issues include:
·Use of UNCITRAL rules in international arbitration in Hong Kong
·Challenge of jurisdiction of tribunals
·Single arbitration of disputes in multiple contracts
·Joinder of parties
·Consolidation of arbitrations
·Disclosure of third party fundings
Moderator: Mylene Chan, Visiting Faculty Member, Peking University School of Transnational Law
Speakers: Horace Wong S.C., JP, Barrister-Senior Counsel, Arbitrator,Co-Head of Rede Chambers and Leon Guo, Arbitrator, Rede Chambers
Speaker
Horace Wong S.C., JP
Barrister-Senior Counsel, Arbitrator,Co-Head of Rede Chambers
Speaker
Leon Guo
Barrister, Rede Chambers
Host
Mylene Chan
Visiting Faculty Member, Peking University School of Transnational Law
