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
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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
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| | 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.
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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
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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
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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
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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
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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
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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.
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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”
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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
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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
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1730-1930 | Rooftop Reception | | |
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