Generations in Arbitration Conference

3 November 2021 (2:30pm 5:30pm)



Programme (All the time in HKT (GMT+8))


2:15pm – 2:30pm Registration
2:30pm – 2:35pm Welcome speech

  • - Ms. Sherlin Tung
2:35pm – 2:45pm Opening Remarks
2:45pm – 4:00pm Panel I: Hand in Hand - Why Strong Legal and Judicial Systems Strengthen (rather than weaken) International Arbitration

International arbitration has always been touted for its benefits over litigation for cross-border disputes. In particular, such benefits include confidentiality, party autonomy, flexibility, enforceability worldwide, and, of particular importance for parties conducting business with lesser-known jurisdictions, neutrality. This panel will take a look at why strong legal and judicial systems are not reasons to avoid arbitration but, in fact, complement and strengthen the use of international arbitration as a means of resolving cross-border disputes. Topics to be discussed include the positive impact of national legislations for international arbitrations, the legal framework and relevant developments for international arbitration in leading jurisdictions, and how strong judicial systems support and enhance the use of international arbitration for cross-border disputes.

  • - Ms. Joanne Lau (Moderator)
  • - Amb. (ret.) David Huebner
  • - Ms. Melody Chan
  • - Mr. Joseph Chu
  • - Ms. Amy Kläsener
4:15pm - 5:30pm Panel II: Second Bite at the Apple: Is Public Policy Really only a Last Line of Defence?

In spite of all the benefits offered by international arbitration, one main concern that remains for users or arbitration is the strictly limited reasons a court may review arbitral awards. In most jurisdictions, courts may only review arbitral awards for reasons such as alleged procedural irregularities or jurisdictional issues. While most jurisdictions worldwide recognize an exception for "public policy" concerns outside of the limited express reasons to set aside or refuse enforcement of an award, historically speaking, this possibility was sparingly used. While the fear of the lack of recourse if an arbitral tribunal was "blatantly wrong" or if another serious error occurred within the arbitral proceeding exists, it is important to note that protections exist for such manifest errors. This panel will discuss how various jurisdictions approach the public policy exception when determining whether to set aside or not enforce an arbitral award. In particular, the panelists will look at recent case law in Hong Kong, the UK, the US, and other leading arbitral seats, and discuss whether parties can rely on the public policy prong of the New York Convention to ensure protection of their arbitral proceedings against manifest wrongdoings outside of procedural irregularities or jurisdictional arguments.

  • - Ms. Sherlin Tung (Moderator)
  • - Dr. Lisa Beisteiner
  • - Mr. Simon Chapman
  • - Dr. Patricia Shaughnessy
  • - Mr. Baiju Vasani


Speakers

Welcome speech

Opening remarks

Panel Session I

Panel Session II