Shanghai Conference - Local Practitioners Booking

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