Forum Programme

Opening Remarks

• Mr. Wong Yan Lung, SC, JP
  Secretary for Justice, Government of HKSAR
• Mr. Zhao Dacheng
  Vice Minister of the Ministry of Justice
• Mr. Russell Coleman, SC
  Chairman, Hong Kong Bar Association
• Mr. Huen Wong
  President, Law Society of Hong Kong
• Dr. Michael Moser
  Chairman, Hong Kong International Arbitration Centre
• Mr. Jason Fry
  Secretary General, ICC International Court of Arbitration

Session One: Risk Management in International Trade and Investment

Moderator:

• Mr. Huen Wong
  President, Law Society of Hong Kong

Topic: Entering into an International Commercial Contract and Legal Risks in Import and Export Trade
With the continuous expansion of import and export trade in China, enterprises should guard against the legal risks involved when expanding their businesses. Hong Kong lawyers will share their experience in drafting international commercial contracts and analyse the trade risks involved.

Speaker:

• Ms. Emily Lam
  Vice Chairman, Mainland Legal Affairs Committee, Law Society of Hong Kong
  Partner, P.C. Woo & Co.

Topic: Legal Aspects of International Investment and Mergers and Acquisitions of Enterprises
As Mainland enterprises continue to grow bigger, “going global” becomes the trend. What options are available when enterprises seek to invest outside China? What factors should be taken account of when mergers and acquisition of foreign businesses are being considered? Hong Kong lawyers will analyse the issues involved and discuss the roles they play.

Speaker:

• Mr. Peter Sit
  Former Council Member, Law Society of Hong Kong
  Senior Partner, Sit, Fung, Kwong & Shum Solicitors

Topic: Strategies to Protect Intellectual Property Rights in International Trade
What strategies should be taken by an enterprise in protecting its copyright, trade marks, patents and trade secrets in the course of developing its brand name and building an international market? What steps should be taken when its intellectual property rights have been infringed?

Speaker:

• Ms. Winnie Tam, SC
  Member, Hong Kong Bar Association
  
  

Session Two: Corporate Finance and Governance

Moderator:

• Mr. Andrew Mak
  Chairman, Special Committee on Mainland Affairs, Hong Kong Bar Association

Topic: Legal Aspects of Fund Raising in Hong Kong
Hong Kong is the preferred fund-raising platform for Mainland enterprises. Enterprises may choose Hong Kong as the place to raise fund through initial public offerings, issuance of bonds and placement of private equity (including risk taking investment as the means of raising fund). Hong Kong lawyers will discuss the problems encountered in fund-raising activities in Hong Kong and their roles in these activities.

Speaker:

• Ms. Jacqueline Chiu
  Partner, Mayer Brown JSM

Topic: Corporate Governance – Limited Companies and Directors’ Liabilities
A company has to be accountable to its shareholders and creditors, and a person who fails to discharge his/her duties as a company director may have to bear civil or criminal liabilities. What is the distinction between the liabilities of a limited company and of its directors? How should any conflicts between the director’s interests and the interests of the company be dealt with?

Speaker:

• Mr. Anderson Chow, SC
  Member, Hong Kong Bar Association

Topic: Corporate Governance – Listing of Companies and Insider Dealings
Companies which choose to list in Hong Kong should pay attention to certain matters: How are insider dealings regulated under the laws of Hong Kong? What is meant by “connected” to a company and “insider information”? What kind of internal control system should be established in order to prevent insider dealings?

Speaker:

• Mr. Keith Yeung, SC
  Vice-Chairman, Hong Kong Bar Association
  
  

Session Three: Resolving Disputes in Hong Kong

Moderator:

• Dr. Michael Moser
  Chairman, Hong Kong International Arbitration Centre

Topic: Hong Kong’s Edge on Resolving Commercial Disputes
Hong Kong’s edges underpinning her status as the major arbitration centre in the Asia-Pacific region include a robust legal infrastructure, the presence of international arbitral institutions that are independent and impartial, as well as a legislative framework for arbitration in line with international standards. What is the future development trend and how can we enhance cooperation with the Mainland arbitration community?

Speaker:

• Mr. Frank Poon
  Deputy Solicitor General (General), Department of Justice, Government of HKSAR

Topic: Negotiating and Drafting of Dispute Resolution Clauses
The key to ensure the protection of contractual rights and obligations lies in the incorporation of effective dispute resolution clauses. How should we choose the appropriate mode of dispute resolution? What are the advantages and disadvantages in choosing a particular mode?

Speaker:

• Mr. Russell Coleman, SC
  Chairman, Hong Kong Bar Association

Topic: Choice of Law and Forum
Hong Kong lawyers will examine the impact of the choice of law and forum for resolving disputes and will discuss the matters requiring attention when negotiating contractual terms. The advantages of choosing the laws of Hong Kong as the governing law and Hong Kong as the forum for resolving disputes will also be discussed.

Speaker:

• Mr. Graeme Johnston
  Managing Partner, Herbert Smith LLP, Shanghai Office
  
  

Session Four: Dispute Resolution in Practice – A Case Study
Lawyers and arbitrators with extensive experience in international arbitration will use a merger and acquisition case to illustrate the advantages and disadvantages of adopting different mode of dispute resolution. How do the laws of Hong Kong deal with litigation, mediation or arbitration as means for resolving disputes? How are procedural and evidentiary issues in arbitration handled? For recourse against an arbitral award, what are the matters that need to be addressed? What problems are likely to be encountered in the enforcement of an arbitral award (including cross-boundary enforcement)?

Moderator:

• Ms. Teresa Cheng, BBS, SC, JP
  Vice Chairperson, Hong Kong International Arbitration Centre
  Vice-President, ICC International Court of Arbitration

Topic: Strategy in Choosing Litigation, Mediation and Arbitration

Speaker:

• Mr. Neil Kaplan, CBE, QC, SBS
  Past Chairperson, Hong Kong International Arbitration Centre

Topic: Procedural and Evidentiary Issues in Arbitration

Speaker:

• Mr. Philip Yang
  Member, ICC International Court of Arbitration
  Immediate Past Chairperson, Hong Kong International Arbitration Centre

Topic: Recourse and Enforcement of Arbitral Awards

Speaker:

• Mr. Peter Thorp
  Managing Partner, Allen & Overy LLP, Beijing Office
  
  

Closing Remarks

Speaker:

• Ms. Elsie Leung, GMB, JP
  Deputy Director, HKSAR Basic Law Committee of Standing Committee of National People’s Congress
  Member, Mainland Legal Affairs Committee, Law Society of Hong Kong