Dispute Resolution and Arbitration A new angle on well-trodden ground: revisiting issue conflicts in investment arbitration

Date
Thursday, April 25
Time
16:00-17:30
Location (Room)
La lune

The question of when an “issue conflict” results in an actual conflict of interest for arbitrators continues to capture the attention of the arbitration community. Investment arbitration jurisprudence has made many attempts at refining the nuances of this issue whereas draft codes of conduct for arbitrators focus on the risks flowing from so-called “double-hatting”, i.e. the concurrent engagement as arbitrator and in other roles in multiple disputes with a subject-matter overlap. This panel will discuss different manifestations of issue conflicts in investment arbitration, give an overview of recent and noteworthy developments, and provide suggestions as to how issue conflicts can be managed in practice.

Moderator

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Mariel Dimsey

Dr. Mariel Dimsey is an international commercial and investment arbitration specialist and has recently rejoined CMS as Local Managing Partner of the Hong Kong office. She is the immediate past Secretary-General of the Hong Kong International Arbitration Centre. Prior to her role at HKIAC, Mariel was a Partner at CMS and Co-Head of CMS International Arbitration. She has over 15 years’ experience acting as adviser and advocate in numerous international arbitrations. She also sits regularly as arbitrator and has experience as arbitrator under the HKIAC, ICC, KCAB, and DIS Rules, and in ad hoc disputes. She is on the arbitrator panels of several institutions. She is admitted to practice law in Australia and Hong Kong.

Mariel is the Co-Chair of the Investment Arbitration Subcommittee and a Vice-Chair of the Dispute Resolution and Arbitration Committee of the IPBA. She is a past co-chair of the HK45 Committee, and on the Advisory Board on Women in Law Hong Kong. She is consistently ranked in both the regional and global editions of the leading legal directories.

Speaker

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Peter Harris

Peter Harris is an English qualified lawyer and a Partner of Clifford Chance. Based in Tokyo, Peter specialises in international trade and investment law as well as international arbitration.

Peter has worked on disputes across multiple sectors with a particular focus on energy, infrastructure, natural resources and construction. Peter has published extensively in the field of international law including in relation to Japan's investment treaties and Economic Partnership Agreements. Peter is an experienced advocate before international tribunals and also sits as arbitrator.

Peter has degrees from the universities of Oxford and SOAS and has lived and worked in the UK, Singapore, Australia and Japan.

Speaker

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Elodie Dulac

Elodie Dulac is a partner in King & Spalding’s Singapore office and a member of the firm’s International Arbitration group. She has represented clients in commercial and investment arbitrations around the world, with a particular focus on Asia where she has been based for over 17 years. Elodie has particular expertise in energy, mining, joint ventures/shareholder disputes and investor-State disputes as well as Asia-Africa disputes. In addition to her work as counsel, she has been appointed as sole arbitrator, co-arbitrator and chair in over 25 arbitrations.

Elodie is admitted to practice in England & Wales (Solicitor-Advocate) and Paris, France. She is also a Registered Foreign Lawyer at the Singapore International Commercial Court.

Speaker

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Saemee Kim

Saemee Kim is a Partner at Lee & Ko, specialising in international arbitration and cross-border litigation. Ms Kim has handled a variety of high-value, complex commercial disputes administered under ICC, SIAC, LCIA, KCAB, AAA (ICDR), HKIAC and UNCITRAL Rules as well as ad hoc arbitrations and cross-border litigation before foreign courts. As a Korean attorney, she also has numerous experiences acting as counsel in domestic court hearings for foreign clients.

In addition to her client-focused work, Ms. Kim actively contributes to the arbitration community. She currently serves as the Young ICCA Events Co-director and the Chair of CIArb YMG Korea Chapter. Her commitment and contributions have earned her consistent recognition, being selected as a Future Leaders by Who’s Who Legal since 2018. Moreover, she has consistently maintained the "Rising Stars" ranking by Legal 500 since 2021 and holds a noteworthy "Band 4" ranking in Chambers Asia-Pacific.

She holds the LLM degree from Stanford Law School and is qualified in Korea and California.

Speaker

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Hu Ke

Mr. Hu Ke is a partner in Jingtian & Gongcheng’s Beijing office. He specializes in domestic and international litigation and arbitration, in commercial and IP-related matters. He represents domestic and international clients in court proceedings in Mainland China and in arbitration proceedings under CIETAC, BAC, SHIAC, SCIA, HKIAC, SIAC, ICC, LCIA, SCC, CAS and UNCITRAL rules, many of which are high-stake cases. He has been receiving recommendations from Chambers, Who’s Who Legal, Benchmark Litigation, Legal500 etc., and was recently included in GAR’s “45 under 45” list of elite young arbitration practitioners.

Mr. Hu is in the panel of arbitrators of CIETAC and SCCA (Saudi), and serves as deputy chair of the Dispute Resolution and Arbitration Committee of IPBA. He is qualified in China and New York.

Speaker

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Lars Markert

Lars is a partner in Nishimura & Asahi’s international dispute resolution department in Tokyo, Japan. He represents clients in international contentious proceedings involving post-M&A, commercial, manufacturing, construction and distribution matters, in areas such as life sciences, automotive and energy. Lars also acts as arbitrator.

He has particular experience with cases involving governments, and has advised foreign investors and states on issues of foreign direct investment and public international law, including related negotiations and investor-state disputes.

Lars is regularly recommended in legal directories for his expertise in international arbitration, and frequently writes, speaks and lectures on the subject.