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UNCITRAL Asia Pacific Judicial Summit
By Hong Kong Department of Justice (DOJ), the United Nations Commission on International Trade Law (UNCITRAL) and the Hong Kong International Arbitration Centre (HKIAC)
18 October 2017
Hong Kong Convention and Exhibition Centre
1 Expo Drive, Wan Chai
9:00am - 5:30pm

Time Program
09:00 - 09:20 Welcome Remarks
Miguel Serpa Soares, Under-Secretary-General for Legal Affairs and Legal Counsel, United Nations
09:20 - 9:40 Keynote Address
Justice Fok, Permanent Judge, the Hong Kong Court of Final Appeal
9:40 - 11:10 Session 1
Judicial support to international arbitration

Topics Include:

Overview of the role of courts during arbitral proceedings as foreseen under the UNCITRAL Model Law (focus on appointment of arbitrators and challenges, interim measures, collection of evidence and on review by courts of arbitral tribunal decision on jurisdiction)

Recourse to courts versus recourse to emergency arbitrators (including ex parte applications)

Trends in courts' decisions on annulment of arbitral awards at the seat of arbitration

Enforcement by national courts of arbitral awards in treaty-based investor-State arbitration

Chair: Nils Eliasson, Partner, Shearman & Sterling

Judge Loretta Preska, Senior United States District Judge, the United States District Court for the Southern District of New York
Teresa Cheng SC, Chairperson, Asian Academy of International Law (AAIL); Honourary Chairperson, Hong Kong International Arbitration Centre (HKIAC)
Judge Gao Xiaoli, Senior Judge and Associate Chief Judge, No 4 Civil Trial Division of the Supreme People’s Court of People’s Republic of China
Sae-youn Kim, Partner, Yulchon
11:10 - 11:30 Break
11:30 - 13:00 Session 2
Parallel proceedings in international commercial and investment arbitrations

Topics Include:

Constitution of arbitral tribunals in related proceedings (including whether the appointment of arbitrators in related cases raises issue of conflicts or is done as a matter of efficiency, and questions of asymmetrically constituted tribunals)

Available solutions to address parallel proceedings (including stay of proceedings, anti- suit injunctions, lis pendens, issues of res judicata)

Transparency in parallel proceedings (information sharing between tribunals, contribution of the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration, the Mauritius Convention on Transparency 2014)

Chair: José Angelo Estrella Faria, UNCITRAL Senior Legal Officer and Head, Technical Assistance Section

Hanno Wehland, Associate, Lenz & Staehelin
Salim Moollan QC, Barrister, Essex Court Chambers
Claudia Annacker, Partner, Cleary Gottlieb Steen & Hamilton
Emmanuel Jacomy, Partner, Shearman & Sterling
13:00 - 14:30 Lunch
14:30 - 15:30 Session 3
Transparency vs. Confidentiality

Topics Include:

The need to differentiate commercial and investment arbitration

Court system as compared to arbitration

How court intervention in arbitration impacts confidentiality

Chair: Neil Kaplan CBE QC SBS, International Arbitrator, Arbitration Chambers Hong Kong

The Hon James Leslie Bain Allsop, Chief Justice, Federal Court of Australia
Corinne Montineri, Legal Officer in the International Trade Law Division, the United Nations Commission on International Trade Law (UNCITRAL)
Mingchao Fan, Regional Director of Arbitration & ADR for North Asia, International Chamber of Commerce
Julian Lew QC, Arbitrator, 20 Essex Street
15:30 - 15:45 Break
15:45 - 17:15 Session 4
Towards strengthening effectiveness of settlement of commercial disputes - Contributions of HCCH and UNCITRAL (in addition to arbitration)

Topics Include:

2005 Hague Convention on Choice of Court Agreements, the Hague Judgments Project and Hague Choice of Law Principle

UNCITRAL's work on the preparation of an instrument on enforcement of international commercial settlement agreements resulting from conciliation

Chair: James Ding, Principal Government Counsel and head of the Treaties & Law Unit, Department of Justice, HKSAR

Jean-Christophe Honlet, Partner, Dentons
John Gregory, General Counsel, Ministry of the Attorney General of Ontario (retired)
Jalal El Ahdab, Partner, Ginestié Magellan Paley-Vincent
Brad Wang, Managing Counsel, CIETAC Hong Kong Arbitration Center
Frank Poon, Representative of the Asia Pacific Regional Office, Hague Conference on Private International Law
17:15 - 17:45 Conclusions and Recommendations
João Ribeiro, Regional Head for Asia and the Pacific, UNCITRAL