Asia-Pacific Dispute Resolution Summit 2018 - Agenda September 20 2018, Island Shangri-La, Hong Kong

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Updates to dispute resolution in China

  • Structural changes to China’s legal/regulatory landscape and how this will affect dispute resolution in China
  • Updates to dispute resolution in China, including the setting up of three new disputes courts for its Belt & Road initiative
  • Chinese outbound investment risks you should be aware of – how might ‘grey rhinos’ become a litigation risk?
  • How might competition law in China affect the resolution of disputes?
  • Updates to China’s anti-corruption unit and how this may affect litigation and dispute resolution in China, Hong Kong and beyond


The rise of IP and cyberlaw disputes

  • IP, cyber law and e-commerce in the dispute resolution context - top trends surrounding these areas in Asia, including payment mechanisms, tracing assets and enforcement issues
  • The growth of online dispute resolution regarding IP rights - what is being set up and how accessible is this?
  • How will the reorganisation of ministries in China, including IP, affect enforcement?


Belt & Road from a dispute resolution context

  • What are the opportunities and challenges that will arise from a dispute resolution context? What resources will be needed?
  • Examples of related infrastructure projects - what sorts of cases will come up?
  • International contracts: how will the recognition and enforcement of foreign courts decisions and arbitration awards play out?
  • How will third party funding come into play?
  • How can Hong Kong further develop its position as an ideal arbitral seat in this context?


Conducting commercial and financial regulatory disputes in Asia

  • Regulatory updates in the Asia-Pacific region including fraud, anti-trust, bribery and anti-corruption
  • What is pushing the rise of commercial disputes across Asia?
  • What are some challenges you might face when taking regulatory action against multinationals?
  • What local regulators focusing on - including updated enforcement regulations for SFC, and Investigations, malpractices


Cross-border enforcement on the rise: what to be aware of

  • Newest developments and challenges in the enforcement of overseas judgments across the region
  • Trends: cross-border litigation on the rise, heightened levels of enforcement on antitrust across APAC
  • Enforcing foreign judgments: what are some practical considerations to be aware of?
  • How things have changed in China since its signing of the Convention on Choice of Court Agreements last September
  • Post-court judgment remedy tactics and strategies for creditors


Mediation in the region: a primer

  • Why companies are increasingly using mediation as a solution for resolving disputes
  • Mediation: before it goes to litigation what needs to be done? Is it effective?
  • Selecting your mediator: the importance of a good mediator to effectively resolve disputes
  • New developments in the region (Japan, Malaysia, Singapore) and their impact
  • On an international level, what developments are being made? A look into UNICTRAL’s working group draft convention on enforcement of mediated settlements


Key trends in cross-border disputes

  • Why is arbitration still the best mechanism for resolving cross-border disputes?
  • Regulatory and investigations updates: HKMA, SFC
  • Practical considerations in a cross-border transaction: forum and counsel selection; costs; enforcement; cross-cultural differences
  • Perspectives from in-house counsel in the region


Insolvency proceedings: cross-border and regional

  • Forum shopping for insolvency proceedings
  • What to be aware of when winding up outside the location of incorporation
  • Case studies: major debt restructurings in the region in the past year
  • Going extra-territorial: what is the courts’ ability to make orders outside of the country?


Regional trends and updates in investment treaty arbitration

  • What protections do investors have under investment treaty arbitration?
  • Belt & Road: opportunities and challenges that will arise from this initiative
  • Opportunities in the Indian bilateral investment treaty space
  • Emerging trend: tax-related disputes and international tax treaties, and how this will affect investment treaty arbitration


The growth of litigation funding in Asia

  • Trends and updates across the region
  • How has Singapore taken the lead in terms of litigation finance in the region?
  • Developments in Hong Kong regarding third party funding in litigation
  • What are some innovative ways of funding in the pipeline?




Sponsors

Allen & Overy IMF Bentham
ZBA

Supporting Organisations