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Course Details

Arbitration Law Update 2019
Ken To, Barrister-at-law, Sir Oswald Cheung's Chambers
Julian Yeung, Barrister-at-law, Sir Oswald Cheung's Chambers
Date: 29 November 2019 (Friday)
Time: 2:30pm - 5:45pm
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: English
Fee: HK$ 1,700
Accreditation: 3 CPD pts (Accredited by The Law Society of Hong Kong)
Ref: L19AM02
Venue: Learning Commons Ltd
Room 1602, 16/F,
1 Duddell Street,
Central, Hong Kong
[View Map]
Presenter's Biography:

Ken To completed his legal studies (BA and MA) at the University of Cambridge, and was a recipient of the Cambridge Overseas Trust Scholarship and Chevening Scholarship.

Ken's practice predominantly covers probate and trust, mental incapacity, arbitration and general commercial. He acts as counsel in international and domestic arbitrations, acts as a mediator in cross border disputes and sits as an arbitrator.

Selected Cases in Commercial Arbitration

  • Appointed as a co-arbitrator for an international arbitration relating to a dispute arising from a settlement agreement between a PRC company and a US company
  • Appointed as a co-arbitrator for an international arbitration relating to indemnity by a Swiss insurer to a Hong Kong policy holder
  • Appointed as a co-arbitrator for an international arbitration relating to the sale and purchase of shares of a company
  • Appointed as the sole arbitrator by the HKIAC for an international arbitration relating to a dispute between a Japanese copyright owner and a HK distributor
  • Appointed as a sole arbitrator for a domestic arbitration for a dispute concerning the interpretation of a deed of mutual covenant
  • Appointed as a sole arbitrator for a domestic arbitration relating to the sale and purchase of the shares of a Hong Kong company
  • Appointed as a sole arbitrator for a domestic arbitration relating to an online advertising management, optimization and monetization services agreement
  • Represented a PRC TV IP rights distributor in an international arbitration relating to a dispute with its Dutch JV partner over a claim of US$40 million
  • Represented a PRC activated carbon manufacturer and distributor in an international arbitration relating to a dispute with its US partner over a claim of RMB150 million
  • Represented an American manufacturer in an international arbitration relating to a dispute with its PRC sub-contractor over a claim of HK$90 million
  • Represented a Singapore listed conglomerate in an international arbitration relating to its PRC asset seller's breach of non-compete provisions over a claim of HK$50 million
  • Represented a Hong Kong construction contractor in a domestic arbitration relating to a dispute with its sub-contractor over a claim of HK$6 million
  • Represented an American-Vietnamese distributor of a famous Chinese ointment in an international arbitration relating to a dispute with a HK-listed company
  • Advised a PRC real estate company in an international arbitration relating to a dispute with its investment manager
  • Appointed as an expert witness of Hong Kong law for an international arbitration, providing expert evidence to legal proceedings to the US Court in California for an application of an interim relief ancillary to the arbitration(/li>


Julian practices predominantly in company, insolvency, securities and general commercial matters, with a concentration in company compliance and regulatory issues.

Further to his role in court, Julian has particular experience in securities law, representing companies in pre-IPO listing matters, as well as advising companies in various other fund raising exercises. More recently, Julian has been regularly instructed to advise in and during various stages of initial coin offering (ICO) exercises and cryptocurrency related matters. He has recently also assisted in international and domestic arbitrations predominantly relating to joint-venture disputes.
 
Objective:

Arbitration has grown in recent years as one of the most common ways to resolve commercial disputes. While Arbitration shares many similarities with Litigation there are substantive and procedural differences that should be understood in order to fully utilize the arbitral process, particularly after the advent of the Arbitration Ordinance (Cap.609).

This course aims to highlight recent developments in the law of Arbitration, providing participants with an overview of the recent case law in Hong Kong as well as various recent amendments to the Arbitration Ordinance.
 
Outline:

  • Arbitration (Amendment) Ordinance 2017
  • Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Ordinance 2017
  • CL v. SCG [2019] 2 HKLRD 144
  • Giorgio Armani SpA v Elan Clothes Co. Ltd [2019] 2 HKLRD 313
  • Dickson Valora Group (Holdings) Co. Ltd & Anor. v Fan Ji Qian [2019] HKCFI 482
  • U v. S. [2018] 4 HKLRD 749
  • Lasmos Ltd. v. Southwest Pacific Bauxite (HK) Ltd. [2018] HKCFI 426
  • Fung Hing Chiu Cyril v. Henry Wai & Co. (a firm) [2018] 1 HKLRD 808
  • Polytec Overseas Ltd. v. Polytec Holdings International Ltd. [2017] 3 HKLRD 258
  • N v W [2018] HKCFI 2405
  • A v D (Arbitral Award) [2017] 1 HKLRD 779
  • Dana Shipping and Trading SA v. Sino Channel Asia Ltd. [2017] 1 HKC 329
  • Chimbusco International Petroleum (Singapore) Pte Ltd. v Fully Best Trading Ltd. [2016] 1 HKLRD 582
  • Sun Tian Gang v. Hong Kong & China Gas (Jilin) Ltd. [2016] 5 HKLRD 221
  • W Ltd. v M SDN BHD [2016] EHC 422 (Comm)
  • Sea Powerfull II Special Maritime Enterprises v Bank of China [2016] 1 HKLRD 1032
  • Sea Power II Special Maritime Enterprises v Bank of China [2016] 3 HKLRD 352
  • KB v S [2016] 2 HKC 325
  • L v. B [2016] 4 HKC 254
  • China Property Development (Holdings) Ltd. v Mandecly Ltd. & Oths. [2016] HKCA 207
  • JVL Agro Industries v. Agritrade International Pte Ltd. [2016] SGHC 126
  • A v B [2015] 3 HKLRD 586
  • Gong Benhai v Hong Kong International Arbitration Centre [2015] 2 HKLRD 458
  • Ever Judger Holding Co. Ltd v Korman Celik Sanayii Anonim Sirketi [2015] 2 HKLRD 866
  • China Property Development (Holdings) Ltd. v Mandecly Ltd. & Oths. [2015] HKCFI 493
  • Re Quiksilver Glorious Sun JV Ltd. [2014] 4 HKLRD 759

 
Category: Arbitration & Mediation
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