AGENDA

• Reviewing the effects of the CIETACs new laws
• Evaluating the latest procedures on documenting, testing and verifying evidence
• What’s changed since signing the New York convention on recognition and enforcement of foreign awards and how does this affect you?
• Overcoming the concerns related to the validity of arbitration agreements

WANG Wenying, Director, Arbitration Research Institute, China Chamber of International Commerce

• Identifying pre-contractual considerations
  
• Understanding the risk profile of a deal
  
• Tips on balancing the commercial imperative with the legal exposure
  
• Strategies to effectively communication your advice
  

George Paramananthan, General Counsel, Australasia, Jones Lang LaSalle

• Tools and processes to identify and prioritize contract risks
  
• Conducting due diligence before entering into a contract;
  
• Devising an escalation mechanism
  
• Creating realistic exit strategies to ensure timely and cost effective business continuity

Wan Kwong Weng, Group General Counsel, Asia, Infineon Technologies

• Selecting the seat of Arbitration and learning how to work the common law system
• Tactics and tips for conducting successful local enforcements and understanding procedures
• Looking forward to effective mutual enforcement of arbitral awards between HK and China
• Recognition and enforcement of arbitral awards under the provisions of the New York convention and the Model Law

Darren Fitzgerald, Head of Asia Dispute Resolution Group, Bird & Bird

• Discussing whether Chinese courts have a lack of independence from governmental interests and how to overcome such issues
• Understanding how to avoid or ameliorate the effects of local protectionism
• Reviewing trends and market practices to evaluating the lie of the land going forward
• The impact of the credit crunch on the litigation landscape and how to handle the current challenging market situations
  

Xiang Ji, Partner, Fangda Partners

• A multidisciplinary panel will present and discuss the following topics and will consider real life case studies:
• The basics of retrieval of digital data and restrictions on what can be removed from certain jurisdictions
• Selecting your preferred jurisdiction, gathering evidence in one jurisdiction for use in another and dealing with differences in culture and legal tradition
• Enforcement of foreign arbitral awards in China - practicalities and pitfalls
• Effective use of the media in conjunction with litigation

• Developing strategies for minimizing and managing commercial disputes
• Choosing the relevant arbitration regime and body
• Drafting the dispute resolution clause to ensure successful completion of projects
• When are alternative dispute resolution provisions worth considering?

Christopher To, Executive Committee Member, Hong Kong Corporate Counsel Association