One of the most significant shortcomings of arbitration as compared to litigation is the arbitrators’ lack of coercive powers in evidentiary matters. Arbitrators seated in Asia or elsewhere do not normally have the powers to order the production of documents in the possession of a third party, or impose sanctions for contempt against a party who fails to comply with an evidentiary order, or compel the attendance of witnesses at the hearing. In these and similar circumstances, it may be appropriate to seek the assistance of a state court.
Our panelists will consider the types and forms of state court assistance available in Asia-seated arbitrations, both from the court at the arbitral seat and from foreign courts, including under sections 60 and 61 of the Hong Kong Arbitration Ordinance, sections 43 and 44 of the English Arbitration Act and 28 U.S. Code § 1782, and the extent to which these provisions may be relied upon by parties to arbitration proceedings seated in China.
Attendance is free, but registration is required. Due to the large number of registrants, Cleary Gottlieb will confirm your place by separate email closer to the event. Please note we may have to operate a waiting list in case the event is oversubscribed.
11:30-11:45 – Registration
11:45-12:30 – Types and forms of state court assistance in arbitrations with an Asian connection
12:30-13:15 – Networking lunch
13:15-14:00 – Case study
Professor Richard Kreindler, Cleary Gottlieb
Christopher Moore, Cleary Gottlieb
Milo Molfa, Cleary Gottlieb
The Mandarin Oriental
5 Connaught Road
Central, Hong Kong