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Shanghai Conference - Local Practitioners Booking

Please note this conference will be held in English, and is free for Chinese and HK practitioners.
When 11 May 2018
from 09:30 AM to 05:30 PM
CPD accreditation
Accredited
6.00 hours
Where Fairmont Peace Hotel
Contact Name
Contact Phone 07791 398254
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ChBA Shanghai Conference

Followed by a Rooftop Reception

To download a copy of the programme, please click here.

Programme

0930-1000

Introduction of Chancery to China and China to Chancery

David Yu, President of the Shanghai Bar Association

Amanda Tipples QC, Chairman of the Chancery Bar Association

Duncan McCombe

 

1000-1100

Fiduciary Duties in International Litigation and Arbitration

 

Elizabeth Jones QC

Lesley Anderson QC

  • What are fiduciary duties and when do they arise – trust, company, agency and contractual considerations
  • Remedies for breach of fiduciary duty against perpetrators and third parties
  • Required state of mind for recovery against third parties such as bankers, lawyers and agents
  • The link with anti-money laundering regulation in establishing liability against third parties

 

Tom Asquith

Gareth Tilley

1100-1130

Morning Refreshment Break

 

 

 

1130-1215

Anti-suit, freezing and other injunctions in support of Chinese proceedings

Rory Brown

  • What is an anti-suit injunction (ASI) and what is it not
  • Why is such a remedy available
  • Why might I want one
  • How does the court decide whether or not to grant an ASI
  • What are the procedural pitfalls

 

 

 

Peter de Verneuil Smith

  • How English injunctive proceedings can support the enforcement of Chinese litigation/arbitration.
  • The test for English freezing injunctions.
  • Ancillary orders.
  • Practical consequences.

 

1215-1235

Disclosure of Trust Documents

William East

 

  • The overarching test for disclosure
  • Principles applying to particular types of documents
  • Rules in some offshore jurisdictions
  • Use of privilege to resist disclosure

1235-1300

Maximising your claim – the Bottom Line

Nicholas Davidson QC

  • Be sure the lawyers look down to the bottom line
  • What you win when (if) you win
  • The importance of interest – and attention to it
  • How costs can hit the winner’s bottom line
  • Enhancing your awards of interest and costs

1300-1400

Buffet Lunch

 

 

 

1400-1445

Belt and Road: Dispute resolution and good faith in contracts

Camilla Lamont

Fair play?  The relevance of good faith in the performance of development and joint venture agreements

  • Comparative analysis of the role of good faith in Chinese and English contract law
  • Examination of the treatment of express provisions imposing duties of good faith in both jurisdictions and current state of the authorities regarding the implication of a duty of good faith in English law
  • Lessons to be learned for drafting joint venture and development agreements in the context of the Belt and Road Initiative

 

Colin Wright

Dispute Resolution on the Belt and Road

  • The challenges of resolving disputes arising from Belt and Road Projects
  • The choice of forum and the choice of law
  • The role of Arbitration
  • The role of Mediation

 

1445-1530

Key Issues in Arbitration

Timothy Harry & Cecilia Xu Lindsey

  • Reviewing and enforcing international arbitration awards in the English courts
  • Seat and choice of law
  • Choice of arbitrators
  • Choice of tribunal institution.
  • How easy is it to challenge an international award in the English courts
  • What appeal processes are there
  • What difficulties may be encountered in enforcing an award through the English courts

 

1530-1600

Afternoon refreshment break

 

 

 

1600-1630

The incorporation of the English doctrine of fiduciaries into Chinese law

John McGhee QC

  • Discussion of the apparent difficulties created by the attempt to transplant the obligations of fiduciaries under English law into Chinese trust law and company law
  • Resolution of these apparent difficulties provided the underlying basis of English fiduciary law is clearly and properly understood.

 

1630-1730

Company/Insolvency Panel

Michael Todd QC & Ben Shaw

The use of schemes for both solvent and insolvent restructurings

  • Issues arising in relation to Insolvent Restructurings, with particular reference to the restructuring of the Ocean Rig group of companies (one of the world’s largest ever restructurings)
  • Issues arising in relation to Solvent restructurings, and with reference to the merits or otherwise of Schemes over “Mergers and Fair Value regimes”

Bhavesh Patel

Offshore Fair Value Petitions

  • How the Mergers and Fair Value regime operates in Cayman
  • What approach has the Cayman Court taken to determining “fair value”
  • Interim applications in fair value proceedings – the scope of discovery and other remedies available to disgruntled shareholders

 

Oliver Phillips

Cross-Border Company Liquidations

  • When will courts in common law jurisdictions wind up companies incorporated in another jurisdiction
  • What recognition and assistance will courts in common law jurisdictions grant to liquidators of companies appointed in jurisdictions other than the company’s seat of incorporation
  • Where we are now with the concept of ‘modified universalism’ in common law insolvency proceedings

1730-1930

Rooftop Reception

 

 

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