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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
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.



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



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


Morning Refreshment Break





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.



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


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


Buffet Lunch





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



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



Afternoon refreshment break





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.



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


Rooftop Reception



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