Corporate Counsel Resolving cross border disputes under social-economic conditions
- Date
- Saturday, April 27
- Time
- 9:00-10:30
- Location (Room)
- Le météore
Delays and rising costs in adjudication of cross-border disputes significantly impacts various social economic conditions. Such as, delayed adjudication leads to a delay in the commercial decisions impacting the overall health or viability of the business; delay in recovery of the claims being pursued may lead to severe financial constraints for the company Ecan lead to downsizing the business and its operations, insolvency in the worst case; delay also leads to additional costs for the parties, and sometimes can lead to unequal bargain for one party and therefore is a roadblock in justice dispensation; finally, delay can also jeopardize settlement of disputes as there is no incentive for a Respondent to resolve the difference, as the case is likely to go on for many years.
First, the discussion will focus on how delays and rising costs impacts the social economic conditions in cross border disputes. Subsequently, the panel will identify solutions to address the problem. One important tool for resolving cross border disputes expeditiously is securing interim measures protection (both under the court process as well as in arbitration) as they are key to recovery of the judgment or the arbitral award. It can also lead to early settlement of disputes. Other avenues of expeditious approach remain mediation under the Singapore Convention, Emergency or Expedited Arbitration etc. in order to deal with rising costs. Third party funding is also an innovative solution and some of the Asian market are quickly adapting to the funding regime.
Moderator
Christopher To
Dr. Christopher To is a chartered arbitrator, certified adjudicator and accredited mediator, chartered engineer, chartered information technology professional, barrister-at-law and a law professor (adjunct) who is on the panels of various leading global alternative dispute resolution bodies. He has arbitrated, adjudicated and mediated a variety of cases and is representing clients in cases within the dispute resolution field.
Christopher is currently a barrister at law at Gilt Chambers and the Programme Director of the LLM in Arbitration and Dispute Resolution at the City University of Hong Kong and was the Secretary-General of the Hong Kong International Arbitration Centre (1998 to 2008). He is the Chairperson of the Hong Kong Mediation Council (a wholly owned entity of the Hong Kong International Arbitration Centre), Chairperson of the Hong Kong Mediator Accreditation Association Limited, Mediator Accreditation Committee (the body that accredits mediators in Hong Kong), Chairperson of Construction Dispute Resolution Committee of the Hong Kong Institution of Engineers and Chairperson of the Hong Kong Institute of Directors. He is also the Chairperson of the Buildings Appeal Tribunal, Member of the Securities and Futures Appeals Tribunal and an Advisory Member of the Accounting and Financial Reporting Council.
Speaker
Tatiana Polevshchikova
Tatiana is a Senior Associate at RGD. Prior to that, she worked at international law firms and as a Deputy Head of Legal at the Asian International Arbitration Centre (Malaysia). Tatiana’s experience covers international construction, corporate and contractual disputes under arbitration rules of the ICC, LCIA, AIAC and UNCITRAL. Tatiana gained unique experience in the resolution of disputes in Southeast Asia in course of her five-year work in the region. She supervised more than 200 arbitration matters, consulted on a wide range of legal issues arising in course of arbitration, mediation and statutory adjudication widely used in the construction industry. Further, she was involved in a number of legislative and cross-institutional initiatives. Tatiana is an incoming Vice-Chair of the IPBA’s Corporate Counsel Committee and is a Committee Member of Young THAC.
Speaker
Alvin Sin
Alvin Sin is a counsel in O’Melveny’s Hong Kong office and a member of the International Disputes and Arbitration, Financial Services, White Collar Defense, and Corporate Investigations Practice Groups.
Speaker
Christopher Tung
Speaker
Alipak Banerjee
Alipak is a Partner and heads the International Dispute Resolution practice at Nishith Desai Associates in New Delhi. He has experience in representing clients in institutional arbitrations (SIAC, LCIA, ICC), ad hoc arbitrations, investment treaty arbitrations, and litigation proceedings before the Supreme Court of India, Delhi High Court, various other forums in India.
He has been appointed as the Diversity and Inclusion Officer in the Professional Ethics Committee, International Bar Association (2023-2024); he is also the Co-Chair of the Steering Committee at Young MCIA (2023-2025). He is ranked by Who’s Who Legal Arbitration Rankings 2024 - Future Leaders (Partners), Benchmark Litigation 2022, 2023 as the Future Star (Arbitration), as Rising Star (Dispute Resolution) by Asia Law 2022, 2023 rankings, Recommended Lawyer in the Legal 500 Asia Pacific Ranking 2023.