12 - 14 May 2015 - ICCA International Council for Commercial

NEWSLETTER
GRAND HYATT
1 Harbour Road
Hong Kong, Ch
+852 2588 1234
+852 280 2 0 677
hongkong.grand
hongkong.grand
SPECIAL
SUPPLEMENT
12 - 14 May 2015
HK SUMMIT
FLO OR PLAN�
Level 1
N
In preparation for the joint ICCA-HKIAC conference
coming up in Hong
Kong, we have compiled a special supplement of ICCA’s membership
newsletter featuring the host city.
ICCA
Members Lounge
GRAND III & IV
During the Summit, ICCA Members
are invited to make use of the ICCA
Members Lounge, located just off the
Grand Ballroom:
•
•
•
•
•
Executive business center
Private meeting room (free of charge and available by reservation at the ICCA desk)
Espresso and snacks
Charging stations for your electronics,
including world converters
ICCA Members may bring a guest
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ICCA HONG KONG SPECIAL
Tips for the First-Time Visitor
by Fiona Braidwood, Debevoise & Plimpton
For those of you who have gathered in
Hong Kong for the HK Summit 2015,
welcome to the Pearl of the Orient,
my home for the past 7 years. For first-time visitors, a trip
across the Victoria Harbor on the Star
Ferry’s Central to Tsim Sha Tsui route
is a must-do activity for the best views
of Hong Kong’s famous skyline. I highly
recommend taking this ferry ride at 8:00 p.m., which is
when the “Symphony of Lights” plays out every night. Rumored to cost HK$44 million per year to produce, this
extravagant light show features LEDs, lasers, searchlights
and projection lighting beaming from the rooftops of
skyscrapers and across the harbor. Remember to have
your camera ready for a breathtaking experience. Come Wednesday night, and you may wonder
why traffic in Causeway Bay and Happy Valley seems
even more congested than usual during rush hour. The
explanation is simple – droves of people making their
way to the Happy Valley Racecourse. Nowhere else on
The nightly “Symphony of Lights” show
earth is horse racing so widely and passionately followed
as in Hong Kong. Delegates to the HK Summit will be
treated to a reception and the presentation of the “ICCA
Cup” on Wednesday 13 May. But you don’t have to be a
racing enthusiast to enjoy the fever-pitch atmosphere of
Hong Kong’s racing scene. If gambling is not your cup of
tea, the packed race track is lined with restaurants and
bars, where you can consume cheap and hearty food and
drink in the gardens with locals and expats.
Fancy a bit of spirituality and serenity? Then
take the MTR to Tung Chung and hop on the Ngong
Ping 360 Skyrail to meet the Tian Tan Buddha. Perched
atop a three-story pedestal, the Buddha measures 34
meters high and 6,547 m2 in size. Although not the
biggest Buddha in the world, it is the largest outdoor
seated Buddha made entirely of bronze. Do climb the
268 steps for a closer look at this magnificent statue,
and to enjoy the sweeping mountain and sea views
from its base. Note that consumption of meat and
alcohol is strictly forbidden on the grounds.
Hong Kong is positively teeming with activities
to see and do, and this article is merely the tip of the
iceberg. I sincerely wish you all a fantastic stay, and hope
that you come to love this city as much as I do. The Tian Tan Buddha
The Happy Valley Racecourse, venue of the HK Summit Closing Reception
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ICCA HONG KONG SPECIAL
Ranked the world’s freest economy
Views from HKIAC’s conference rooms over the Hong Kong harbour
The Emergence of a “Hong Kong” Brand of International Arbitration
Teresa Cheng (Chairperson, HKIAC; Senior Counsel, Des Voeux Chambers) and
Chiann Bao (Secretary-General, HKIAC)
With the Hong Kong International Arbitration Centre
(HKIAC) winning the Global Arbitration Review
(GAR) innovation award of 2014, Hong Kong has
showcased to the world that a “Hong Kong” brand
of international arbitration is in the making.
Regional arbitration has taken root in Asia, with
Hong Kong featuring at the vanguard of best arbitration
practices. Widely regarded as a top arbitration seat,
Hong Kong has set a successful model for other
Asian jurisdictions to adopt. Arbitration in Hong
Kong has flourished in recent years due to its modern
legal infrastructure and independent judicial system
coupled with its excellent geographical connectivity. This is reflected by the large number of cases
handled by HKIAC since its establishment in 1985. Hong Kong is more than a major arbitration seat
on the global arbitration map. It is a leader in developing
innovative practices to meet the demands of its users. This article highlights a number of distinctive features
that set Hong Kong apart from many other arbitration
jurisdictions.
which means that the arbitral tribunal and the Hong Kong
courts have the power to order a broad range of interim
relief. The Ordinance has gone further than many other
arbitration statues by permitting interim relief issued by
tribunals in or outside Hong Kong to be enforceable in
the same manner as a Hong Kong court order. Hong Kong is one of the few jurisdictions whose
arbitration law expressly recognises the enforceability
of decisions issued by emergency arbitrators in or
outside Hong Kong. While many institutional rules have
introduced procedures making such decisions available,
the arbitration laws of these institutions’ home
jurisdictions are silent on the effectiveness
of these decisions. Another notable feature of Hong Kong
arbitration is the explicit assurance of confidentiality
provided by the Ordinance. Under Hong Kong law,
the duty of confidentiality covers not only arbitral
proceedings and awards, but also related court proceedings
and judgments. The breadth of such duty represents the
highest level of protection of confidentiality in the region. First-class Arbitration Legislation
Neutral Forum, Pro-arbitration Judiciary and
Excellent Enforcement Record
Arbitral proceedings in Hong Kong are conducted in
a
neutral
environment
and
supported
by independent judiciary. Hong Kong’s highest court is one of a kind, as it
includes 18 eminent judges from many other common law
The backbone of Hong Kong’s arbitration regime is
the Arbitration Ordinance (Cap. 609) (Ordinance),
which is one of the most modern and user-friendly
arbitration statutes in the world. The Ordinance came
into force in June 2011 and adopts a unitary regime
applicable to all arbitrations in Hong Kong. The Ordinance is the only Asian legislation that
adopts the latest version of the UNCITRAL Model Law,
continued on page 4
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ICCA HONG KONG SPECIAL
The Emergence of a “Hong Kong” Brand of International Arbitration
continued from page 3
jurisdictions. The presence of these foreign judges ensures
that the court decisions reflect leading international
thinking on judicial support of arbitration, and serves as
a guarantee of the independence of the courts. As such,
the World Economic Forum’s “Global Competitiveness
Report 2014-2015” ranked Hong Kong fifth in the world
and first in Asia for judicial independence. The Hong Kong courts are internationally
renowned for their pro-enforcement and handsoff approach to arbitration. Hong Kong judges have
developed a body of non-interventionist case law that
demonstrates Hong Kong’s strong judicial support for
the arbitral process and awards. This is evidenced by
the fact that the Hong Kong courts have not refused
to enforce any awards over the past four years. Since Hong Kong is a party to the New York
Convention and various regional arrangements on mutual
enforcement, awards made in Hong Kong are enforceable
in over 150 countries worldwide. In particular, Hong Kong
awards maintain an impressive record of enforcement in
China, as the Chinese courts have not refused to enforce
any Hong Kong awards over the past five years. Top-tier Arbitral Institution
Parties who wish to arbitrate in Hong Kong benefit from
easy access to HKIAC’s services. HKIAC is among the
world’s leading dispute resolution institutions, providing
one-stop-shop services in respect of arbitration, mediation,
adjudication and domain name cases. Voted among the
world’s top four hearing centres in GAR’s Hearing Centres
Survey (7 October 2014), HKIAC has taken a number of
steps to refine and improve its offerings in recent years. HKIAC’s current administered arbitration rules include
innovative mechanisms to control the arbitral tribunal’s
Hong Kong’s Vibrant Mooting Scene
by Kim M Rooney, Gilt Chambers
Hong Kong’s law schools at
City University of Hong Kong
(CityU), the Chinese University
of Hong Kong (CUHK) and the
University of Hong Kong (HKU)
are international leaders in the
provision of arbitration education.
Hong Kong mooting has thrived
in this environment as students
enthusiastically and successfully participate in a range of
international mooting competitions at a high level. Based in Hong Kong, the Willem C. Vis (East)
International Commercial Arbitration Moot was launched in
2003 as a sister competition to the Vis Moot in Vienna.
In 2012 the CityU team prevailed over 90 teams, to
win the 9th Annual Vis East competition. Hong Kong
fees and to deal with complex arbitrations involving
multiple parties or contracts. HKIAC is the first and only
arbitral institution that has updated its model clause to
prompt parties to designate an appropriate law to govern
their arbitration agreement. In addition, HKIAC is the
only institution in the region that allows its Secretariat
members to be appointed as tribunal secretary. These
measures reinforce HKIAC’s position as a world leader
in innovative practices, while the last two led to HKIAC’s
winning the GAR award for innovation for 2014. Strategic Location with World-class
Resources and Expertise
Ranked as the world’s freest economy for more
than 20 years, Hong Kong is Asia’s centre for finance,
logistics, trade, shipping, insurance, aviation, tourism
and communications. With a thriving arbitration
community and a large number of international law
firms basing their regional operations here, Hong
Kong’s pool of multilingual professionals with strong
industry and dispute resolution expertise is unrivalled. Strategically located at the centre of the AsiaPacific region, Hong Kong is no more than a five hour
direct flight from 50% of the world’s population. As
the premier gateway to China, Hong Kong is the only
jurisdiction in the world whose laws are enacted in both
English and Chinese and whose courts operate in both
languages. As a result, Hong Kong has long been the natural
choice of venue for resolving China-related disputes.
By attending the 2015 HK Summit, you will
experience the hospitality of the dynamic arbitration
community in Hong Kong as well as the evolution of a
“Hong Kong” brand of international arbitration. students have also impressed in the founding Viennabased Willem C. Vis International Commercial Arbitration
Moot: the CityU team won the 2013 competition,
beating almost 300 teams. (See photograph page 5.)
Hong Kong students have participated
successfully in a range of other moots, both inside and
outside the region. In 2004 the Hong Kong University
team was a quarterfinalist in the Philip C. Jessup
International Law Moot Court Competition, also winning
second place prize in the Alona E. Evans competition
and third place in the Hardy Dillard Memorial Prize
competition. In 2014, a CityU mooter was placed the 13th
best individual oralist in the international competition,
and in 2013 the CityU team’s Respondent’s memorial
was ranked in the top 5 Respondent’s memorials. Other successes include those in the Foreign
Direct Investment International Moot Competition (a HKU
team won the regional rounds in Seoul 2014 and was
a top 20 ranked team in the international rounds; in
2011, CityU came 3rd in the competition); the Red Cross
continued on page 5
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ICCA HONG KONG SPECIAL
Some of Hong Kong’s best food can be found in street stalls
Customers lining up in front of Tim Ho Wan
The World’s Fair of Food
By Yi-Shun Teoh, Clifford Chance
ICCA Members planning to
attend the upcoming HK Summit
in May will have the opportunity
to explore “The World’s Fair of
Food”, with an array of Chinese
and international gourmet options
to choose from. With traditional
Cantonese,
Hakka,
Hokkien,
Chiuchow and Shanghainese dishes, to great Japanese,
French and Italian cuisine, including restaurants by
international celebrity chefs such as Joël Robuchon,
Gordon Ramsay and Nobu Matsuhisa, Hong Kong
offers something for everyone. Some of the popular
Hong Kong food districts include Causeway Bay, Tsim
Sha Tsui, Lan Kwai Fong and Soho, while good local
comfort food can be found in the New Territories. For
great seafood, I recommend a trip out to Lamma Island.
Hong Kong is home to the least-expensive
Michelin-starred restaurant in the world, Tim Ho
Wan, with its famous baked BBQ pork buns. It is also
home to the first Chinese restaurant in the world to
be awarded three Michelin stars, Lung King Heen. To
experience some local icons, conference delegates can
grab scrambled eggs and milk tea for breakfast at the
Australian Dairy Company, a bowl of wonton noodles
at Mak’s Noodle, dim sum lunch at Maxim’s Palace City
Hall, a hot pot dinner at Budaoweng and the signature
roast goose at Yung Kee and desserts at Chung Kee
and Honeymoon. Duddell’s and Cuisine Cuisine offer
great dim sum and modern interpretations of Cantonese
cuisine, while the more adventurous foodie can reserve
a table at Bo Innovation, Chef Alvin Leung’s take on
Chinese molecular gastronomy. For an upscale restaurant
experience, the Mandarin Grill + Bar, 8 1/2 Otto e
Mezzo BOMBANA and Amber are not to be missed.
Whether it’s a street stall, a hole-in-the-wall,
or a high-end restaurant, Asia’s World City will have
something delicious for you! continued from page 4
International Humanitarian Law Moot (won
by the HKU team in 2012, with one of its
mooters being awarded Best Oralist; the
CUHK team reached the 2014 Semifinals);
the LAWASIA International Moot Competition
(the CUHK team won in 2012 and placed
2nd in the international finals in 2014); the
International Criminal Court Moot Competition
at the Hague (the CUHK team coming
4th in the 2014 competition); the Oxford
International Intellectual Property Law Moots
(the HKU team 1st Runner Up in 2011); and
the ELSA Moot Court Competition (EMC2) (at
which the HKU was 1st runner up in 2013).
The success of Hong Kong’s top
law students in international mooting
competitions augers well for the next
generation of Hong Kong arbitration
practitioners, arbitrators and institutions. The 2013 winning team from CityU at the Willem C.Vis Moot,Vienna
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PROGRAMME
at a Glance
Bridging Cultures, Connecting Futures
Tuesday, 12 May
17:30 - 20:00
The Pool at Grand Hyatt
Opening Reception
Wednesday, 13 May
HK Summit Conference The Grand Hyatt
9:00 - 9:15
Welcome Remarks
Teresa Cheng SC (HKIAC)
Albert Jan van den Berg (ICCA President)
9:15 - 9:40
Keynote Speech
Yibing Mao (Marriott International, Inc)
Session 1 : Debate
This House believes that the New York
Convention does more harm than good to
developing economies.
Speakers:
- Albert Jan van den Berg (ICCA President)
- Lucy Reed (Freshfields Bruckhaus Deringer)
- Dominique Hascher (Judge, Supreme Judicial Court of France)
- Makhdoom Ali Khan (Senior Advocate, Supreme Court of Pakistan)
Judges: - Karl-Heinz Böckstiegel (Bergisch Gladbach, Independent Arbitrator) - Zia Mody (AZB & Partners) - Fernando Mantilla-Serrano (Latham & Watkins)
Rapporteur: Sheila Ahuja (Allen & Overy)
Session 2 : New Regionalism and South-South Trade
Scene Setters:
- Mark Feldman (Peking University, School of Transnational Law) - Ross O’Brien (The Economist) Speakers: - Olufunke Adekoya (Aelex)
- Abdulqawi Ahmed Yusuf (International Court of Justice)
- Alfredo Bullard Gonzalez (Bullard, Falla & Ezcurra Abogados)
Chair: Salim Moollan (Essex Court Chambers)
Rapporteur: Alejandro I. Garcia (Winston & Strawn)
Connecting the Present with the Future
Kate Brown de Vejar (Curtis, Mallet-Prevost, Colt & Mosle, S.C.)
Session 3 : Breakout Sessions:
I. Moderator: Tim Foden (Quinn Emanuel Urquhart & Sullivan)
Debaters:
- Jern-Fei Ng (Essex Court Chambers)
- Rafael Llano (White & Case)
- Diego Brian Gosis (Gomm & Smith)
- Ruth Stackpool-Moore (HKIAC)
- Jelita Pandjaitan (Linklaters)
- Garder Vidir Gunnarsson (Reykjavik University)
II. Scene setter: Christopher Stephens (Asian Development Bank)
Chair: Robert Pé (Orrick, Herrington & Sutcliffe)
Speakers:
- AB Mahmoud SAN (Dikko & Mahmoud)
- Ellen Gracie Northfleet (Independent Arbitrator/Former Chief
Justice of the Federal Supreme Court of Brazil)
- Kate Yin (Fangda Partners)
Rapporteur: Catherine Duggan (Harvard Business School)
9:40 - 11:00
11:30 - 12:45
12:50 - 13:00
I. Transparency in International Commercial Arbitration: the Way of the
Future or the Beginning of the End (by
Young ICCA)
14:15 - 15:15
II. Do anti-corruption investigations and
anti-bribery legislation influence or affect
international arbitration?
Session 4 : Looking into the Future: Challenges to Investment Across Borders
Speakers: - Yas Banifatemi (Shearman & Sterling) - Jeremy Sharpe (US Department of State) - Professor Hi-Taek Shin (Seoul National University of Law
- Nassib G. Ziadé (Bahrain Chamber for Dispute Resolution)
Chair: Justin D’Agostino (Herbert Smith Freehills)
16:50 - 17:00
Closing Remarks
Albert Jan van den Berg (ICCA President)
18:00 - 22:30
Closing Reception - A Night at the Races
Hong Kong Jockey Club Racecourse (Happy Valley)
15:45 - 16:50
Thursday, 14 May
Young ICCA Skills Training Workshop
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