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Third-party arbitration funding: how it works, and what you need to know about third-party funding in Asia

  • 15 Nov 2017
  • 12:30 PM - 2:00 PM
  • 11th Floor, Two Exchange Square, Hong Kong
  • 70

Registration


Registration is closed

ACC Hong Kong’s Executive Committee invites you to the following presentation, hosted by Freshfields Bruckhaus Deringer


Food and drinks will be provided. 1 Law Society of Hong Kong CPD point has been applied for. New York and California Approved Jurisdiction policy may apply.

TOPIC: Third-party arbitration funding: how it works, and what you need to know about third-party funding in Asia

Third-party funding refers to an arrangement under which litigants finance their legal claims using funds provided by a third-party funding company. Third-party funding is an established feature of international arbitration seated in many of the world’s leading arbitration centres, including London, Paris, New York and Geneva. Asia is the exception. Although Hong Kong and Singapore both rank among the top five seats for international arbitration globally, third-party funding arrangements have been prohibited in both jurisdictions. 

Until now.

On 14 June, the Hong Kong legislature passed a bill to permit third party funding of arbitration. The bill will enter into force in the coming months. Similarly, on 1 March 2017, a new framework for third party funding of international arbitration entered into force in Singapore. These developments mean that commercial parties involved in Hong Kong- and Singapore-seated international arbitration will have the same financing and risk management tools available to them as parties arbitrating in other major international arbitration centres.  They also mean that corporate counsel and arbitration practitioners involved in international arbitration in those jurisdictions will need to consider the options available to them under the new third party funding regime.

In this session, international arbitration specialists, John Choong, partner in our Hong Kong international arbitration team, Nicholas Lingard, partner in our Singapore and Tokyo international arbitration teams, and Singapore-based counsel Robert Kirkness, and Hong Kong-based senior associate, Eric Chan share their experience of, and lessons learned from, working with actual and potential funded claims.

Topics to be covered include:

  • What is third-party funding and what types of financing or risk management tools do funders offer?
  • What do parties and their lawyers need to know about third-party funding in Asia?
  • How do you choose the right funder for your arbitration?
  • What do funders look for when deciding whether to fund an arbitration?
SPEAKERS:

Nicholas Lingard
Head of International Arbitration in Asia, Freshfields, Singapore

An experienced international arbitration counsel and advocate, Nick heads our international arbitration practice in Asia. He leads probably the most active treaty arbitration practice in Asia, representing both investors and States, in high-profile, politically complex cases around Asia and the world. He also represents clients in commercial disputes across a variety of industries, under all the major arbitral rules, including ICC, SIAC, UNCITRAL, HKIAC, AAA and NAI, and under all major systems of law.

Nick is an expert member of the Energy Charter Treaty Secretariat’s Legal Advisory Task Force, and writes and speaks widely on international arbitration. He is co-author of the leading Japanese practice text on international arbitration.

A former law clerk to the Chief Justice of Australia, Nick was educated at the University of Queensland, where he graduated at the top of his class in law and Japanese, and Harvard Law School, where he was a Frank Knox Memorial Fellow. He is admitted to practice in New York and New South Wales, Australia. Nick is also a Registered Foreign Lawyer at the Singapore International Commercial Court.

John Choong
Partner, Freshfields, Hong Kong

John is a Partner with the International Arbitration Group, currently based in Hong Kong. John has over the course of more than 15 years handled disputes involving all the major jurisdictions in Asia, including a wide range of international commercial and investment arbitrations under the major international arbitration rules. His matters have ranged in value and complexity, and have included a number of billion dollar arbitrations.

John is a Fellow of the Chartered Institute and Hong Kong and Singapore Institute of Arbitrators. He has been listed as a leading individual for dispute resolution by various legal directories including Chambers Global, Who’s Who Arbitration - Future Leaders, Guide to the Leading Commercial Arbitration Experts and Benchmark Litigation (Asia Pacific).

He serves on various arbitration committees, including the ICC Task Force on the New York Convention, the SIAC Users Council National Committee (Hong Kong), and he is a director of the HK Arbitration Charity Ball Limited. John also sits on the Equal Representation in Arbitration committee, which aims to achieve greater gender diversity.

He is a General Arbitration Editor of the Hong Kong White Book, and has authored or edited arbitration texts published by Oxford University Press and Sweet & Maxwell. 

Robert Kirkness
Counsel, Freshfields, Singapore

Robert is an experienced advocate who represents clients in high-profile, politically complex disputes around Asia and the world.

Robert has represented clients in international commercial disputes across a variety of industries, under all the major arbitral rules, and under all major systems of law. He has also represented both investors and States in numerous claims under investment treaties. Robert has first-hand experience working on third-party funded arbitrations and has also been retained by a leading third-party funder to undertake due diligence on potential claims.

Robert is recognised as a future leader in international arbitration by Who’s Who Legal, and recommended for international arbitration in all major legal directories. He is admitted to practise as a barrister and solicitor of the High Court of New Zealand and registered as a foreign lawyer with the Singapore International Commercial Court.

Eric Chan
Senior Associate, Freshfields, Hong Kong

Eric Chan is a senior associate in the Asia Dispute Resolution group based in Hong Kong.

Eric’s practice focuses on international commercial arbitration matters, and he has also been involved in numerous court proceedings and regulatory investigations.  He has represented companies in arbitrations under the ICC, HKIAC, SIAC, LCIA and UNCITRAL Rules, in Asia and in Europe.  His recent experience includes advising a technology conglomerate in two sets of arbitration proceedings seated in Hong Kong under the ICC Rules of Arbitration, in relation to a joint venture in the PRC.  He has also represented a leading manufacturer in Hong Kong in multiple arbitration claims against a casino operator in Macau under the UNCITRAL Rules.

Eric regularly advises clients on drafting dispute resolution and arbitration clauses in commercial contracts.

Eric is admitted to practise law in Hong Kong and in New South Wales, Australia. Eric is conversant in English, Mandarin and Cantonese.


Ruth Stackpool-Moore
Director of Litigation Funding / Head of Asia Pacific

Ruth is Director of Litigation Funding for Harbour Litigation Funding and Head of its Asia Pacific operations. Formerly Managing Counsel at the Hong Kong International Arbitration Centre (HKIAC), Ruth is a dual Australian and UK qualified lawyer. She uses her institutional experience, as well as experience of private practice with specialist firms in London, Paris and Sydney, to spearhead Harbour’s continuing growth and the use of third party funding in the Asia Pacific region. Travelling worldwide, she has promoted the use of arbitration and other forms of dispute resolution and is a frequent speaker and author on arbitration-related issues and third party funding.


EVENT DETAILS:

VENUE: 

11th Floor, Two Exchange Square, Central, Hong Kong

DATE:  Wednesday, 15 November 2017 
TIME:  12.30 for lunch, 13.00 - 14.00 for presentation
RSVP:  Please register your attendance online no later than Friday, 10 November. 2017. If you register but are then unable to attend, please email events@hkcca.net and tell us so that other members on any waitlist may attend.


If you have any suggestions for topics or speakers for future ACC Hong Kong events, please let us know at events@hkcca.net.

Please note this event is exclusively for ACC Hong Kong members. If you are not an ACC Hong Kong member but you want to attend this presentation, you need to successfully apply for membership at www.hkcca.net and pay the membership fee before registering for the event. If you have any membership queries, please contact ACC Hong Kong Secretariat on events@hkcca.net or (852) 2516 7007.

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