HKIAC

25th Anniversary17 – 20 November 2010, Hong Kong

Gary A. Seib

- Jim Jamison- Camille Jojo- Prof. Doug Jones AM FCIArb FIAMA- Neil Kaplan CBE QC SBS- Prof. Dr. Gabrielle Kaufmann-Kohler- Kap-You (Kevin) Kim- Prof. Dr. Richard Kreindler- Christian MJ Kröner- Michael Lee- Arthur Marriott QC- Paul Mitchard QC- Corinne Montineri- Robert Pé- Robin Peard- David W Rivkin- William Rowley QC- Gary A Seib- Margrete Stevens- Peter Turner- Prof. Dr. Albert Jan van den Berg - Philip Yang- Yu Jianlong

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Conference Programme

DAY 1 08:45 - 09:15 Registration

09:15 - 09:30 Opening Remarks Dr. Michael Moser, Chairman, HKIAC

09:30 - 10:15 Opening Keynote Speech: “Does International Arbitration Have a Future?” Jan Paulsson, Principal Consultant, Freshfields Bruckhaus Deringer

10:15 - 10:45 Morning Refreshment Break

10:45 - 12:30 Reshaping Arbitral Proceedings Rising costs, excessive delays, paper tsunamis and the increasing “litigi-fication of

arbitration” are turning some users away from arbitration. What can be done to redraw the map for conducting efficient and economical arbitration proceedings?

12:30 - 14:00 Conference Luncheon with Guest-of-Honour Speech Wong Yan Lung SC JP, Secretary for Justice, HKSAR

14:00 - 15:30 Laws, Rules and “Best Practices”: Too Much or Too Little? Are the Model Law, various rules issued by the IBA and the formulation of “best practices”

enough to meet the challenges ahead? Is more extensive codification required? Are more rules needed to regulate the conduct of the Tribunal, the parties and others? Or are there already too many rules and regulations?

15:30 - 16:00 Afternoon Refreshment Break

16:00 - 17:30 The Role of the Institution Recent years have seen a proliferation of arbitral institutions. Are more institutions really

needed? What role can and should an arbitral institution play?

17:30 - 19:00 Conference Cocktail Reception

19:00 - 21:15 25th Anniversary Dinner with Guest-of-Honour Speech Hon. Justice Frank Stock JA, The High Court, HKSAR

17:30 - 18:00 Registration & Welcome Cocktails

18:00 - 18:20 Welcome RemarksHon. Donald Tsang GBM, Chief Executive, HKSAR

18:20 - 19:15 The Kaplan Lecture 2010Toby Landau QC, Barrister & Arbitrator, Essex Court Chambers

19:15 - 19:30 Opening Remarks

Dr. Michael Moser, Chairman, HKIAC

19:30 - 21:00 Cocktail Reception

HKIAC 25th Anniversary Conference – “Rethinking International Arbitration”JW Marriott Hotel, Hong Kong

18-19 NOVEMBER 2010

17 NOVEMBER 2010The Kaplan Lecture 2010 & Opening ReceptionHong Kong Club, Hong Kong

- Jim Jamison- Camille Jojo- Prof. Doug Jones AM FCIArb FIAMA- Neil Kaplan CBE QC SBS- Prof. Dr. Gabrielle Kaufmann-Kohler- Kap-You (Kevin) Kim- Prof. Dr. Richard Kreindler- Christian MJ Kröner- Michael Lee- Arthur Marriott QC- Paul Mitchard QC- Corinne Montineri- Robert Pé- Robin Peard- David W Rivkin- William Rowley QC- Gary A Seib- Margrete Stevens- Peter Turner- Prof. Dr. Albert Jan van den Berg - Philip Yang- Yu Jianlong

09:00 -10:30 Enforcement of Arbitral Awards: Is the NY Convention Good for Another 25 Years? The NY Convention has proved to be an enormous international law success and has been

widely adopted throughout the world. However, are changes needed to ensure its success going forward? Has it produced uniform standards worldwide?

10:30 - 11:00 Morning Refreshment Break

11:00 - 12:30 The Role of the Courts: An International Dialogue A dialogue between leading international judges on the proper role of the courts in

international arbitration.

12:30 - 14:00 Conference Luncheon

14:00 - 15:30 Arbitration and State Parties: Where Next? Investor-state arbitration has been one of the fastest growing areas of international

arbitration. However, there is currently a backlash against investment arbitration in some regions. Some states are opting out of parts of the system, and state hostility is increasing. In the Asia-Pacific region, by contrast, the number of BITS is growing. What is the future for investment arbitration in view of these conflicting trends?

15:30 - 16:00 Afternoon Refreshment Break

16:00 - 17:00 Roundtable: Redesigning International Arbitration in Asia If you were to devise a new system of international commercial dispute resolution for

disputes involving parties from Asia without having regard to history, what would be its central features?

17:00 Closing RemarksDr. Michael Moser, Chairman, HKIAC

Other Confirmed Presenters/Commentators To Date*

DAY 2

- Hon. Chief Justice Geoffrey Ma, HKSAR- Hon. Justice Hossein Abedian- Mark Baker- Chiann Bao- Prof. Max Bonnell- Hon. Justice Charles Brower - Dominique Brown-Berset- Chan Leng Sun- Teresa Cheng BBS SC JP FICE FCIArb- Nick Cherryman- Vincent Connor- Justin D’Agostino- Fei Ning- Richard Fernyhough QC- Jason A Fry LLB BCL (Oxon), FCIArb- Matthew Gearing- Lord Peter Goldsmith QC- Prof. Dr. Bernard Hanotiau- Sally Harpole- Prof. Dr. Kaj Hobér- Lord Hoffmann- Brenda Horrigan- Benjamin F Hughes III- Michael Hwang SC

Twenty years have passed since XANOC was formed by Shanghai Oil Xanadu Company and the State of Xanadu to work together under a petroleum exploitation contract. The oil is exhausted and it is time to end the project. But who is to pay for the decommissioning? Amazingly, no one thought to allocate the responsibility for closing off the oil exploration project in the contract, and now no one wants to pay US$100 million - the cost of decommissioning.

We will watch the arbitration procedure unfold under ICC Rules. Can China Oil Company be drawn into the dispute, even though it never signed the contract? Will the US$35 million Letter of Credit be drawn? Will the chair of the tribunal be forced to step down because of a conflict? Given the diverging legal cultures in play, what kind of procedure can we expect to see? What becomes of the “leaked” documents when counsel tries to use them in another dispute? Who will be the victor in this multi-million dollar dispute? Will the resulting Award be enforceable if one tribunal member refuses to sign? And whose responsibility is it to decide all these questions?

This conference will interest not only dispute resolution professionals -- arbitrators, legal counsel, expert witnesses and mediators -- but also business operators and in-house counsel from government and industry, looking to see first-hand how an ICC arbitration plays out in Hong Kong.

Join us for this fascinating day which promises to be both instructive and entertaining!

Mock Arbitration0900 - 1700 Hong Kong International Arbitration Centre, Hong Kong

20 NOVEMBER 2010

- Louise Barrington FCIArb- Dr. Michael Moser- Elizabeth Birch FCIArb QDR - Anthony Canham CEng FICE FCIArb QDR MIH- Jayems Dhingra FCIArb FSIArb MSID MBA M Tech MSc BE- Giovanni di Berti- Prof. Paulo Fohlin FCIArb DipICArb- Benjamin F Hughes III

Confirmed Speakers To Date*

- Prof. Doug Jones AM FCIArb FIAMA- Khong Cheng Yee- Christopher Lau SC FCIArb- Barry Leon- Karen Mills FCIArb- Dr. Sabine Stricker-Kellerer- Prof. Jingzhou Tao FCIArb- Sarah Walker FCIArb

Twenty years have passed since XANOC was formed by Shanghai Oil Xanadu Company and the State of Xanadu to work together under a petroleum exploitation contract. The oil is exhausted and it is time to end the project. But who is to pay for the decommissioning? Amazingly, no one thought to allocate the responsibility for closing off the oil exploration project in the contract, and now no one wants to pay US$100 million - the cost of decommissioning.

We will watch the arbitration procedure unfold under ICC Rules. Can China Oil Company be drawn into the dispute, even though it never signed the contract? Will the US$35 million Letter of Credit be drawn? Will the chair of the tribunal be forced to step down because of a conflict? Given the diverging legal cultures in play, what kind of procedure can we expect to see? What becomes of the “leaked” documents when counsel tries to use them in another dispute? Who will be the victor in this multi-million dollar dispute? Will the resulting Award be enforceable if one tribunal member refuses to sign? And whose responsibility is it to decide all these questions?

This conference will interest not only dispute resolution professionals -- arbitrators, legal counsel, expert witnesses and mediators -- but also business operators and in-house counsel from government and industry, looking to see first-hand how an ICC arbitration plays out in Hong Kong.

Join us for this fascinating day which promises to be both instructive and entertaining!

American Arbitration Association

Asia Pacific Regional Arbitration Group

Arbitrators’ and Mediators’ Institute of New Zealand

Asian Domain Name Dispute Resolution Centre

Association of Corporate Counsel

Australian Commercial Disputes Centre

Australian Centre for International Commercial Arbitration

Beijing Arbitration Commission

Beijing Bar Association

Chartered Institute of Arbitrators (East Asia Branch)

China International Economic and Trade Arbitration Commission

City University of Hong Kong ADR Alumni Association

City University of Hong Kong – School of Law

French Chamber of Commerce & Industry

Supporting Organisations

Hong Kong Bar Association

Hong Kong Corporate Counsel Association

Hong Kong Institute of Arbitrators

Hong Kong Institute of Certified Public Accountants

Hong Kong Institute of Surveyors

Hong Kong Mediation Council

Hong Kong Trade Development Council

ICC Court of International Arbitration - Asia Office

Indonesian National Board of Arbitration

Inter-Pacific Bar Association

Japan Commercial Arbitration Association

Korean Commercial Arbitration Board

Korean Council for International Arbitration

Kuala Lumpur Regional Centre for Arbitration

Law Society of Hong Kong

Law Society of Western Australia

Lighthouse Club Hong Kong

Mediation Institute at the Faculty of Law, The Chinese University of Hong Kong

New York State Bar Association – International Section

Moot Alumni Association

Permanent Court of Arbitration

Philippine Dispute Resolution Centre, Inc.

Philippine Institute of Construction Arbitrators and Mediators

Royal Institution of Chartered Surveyors

Shanghai Bar Association

Singapore Chamber of Commerce

Singapore Institute of Arbitrators

The Academy of Experts

The Hong Kong Construction Association, Ltd

The University of Hong Kong

*Please refer to www.hkiac.org/25th for the latest list of speakers.

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Please complete the registration form and return it with the appropriate payment to the HKIAC bypost: 38/F, Two Exchange Square, Central, Hong Kong, email: adr@hkiac.org, or fax: (852) 2524 2171For further enquiries, please contact the HKIAC at tel: (852) 2525 2381 or by email: adr@hkiac.org.

- Please make extra copies for additional registrants. -

The Kaplan Lecture 2010, Opening Reception, HKIAC 25th Anniversary Conference

& Mock Arbitration

(I) Full Conference Package Package includes:

1. The Kaplan Lecture 2010 & Opening Reception on 17 November 2010 2. HKIAC 25th Anniversary Conference on 18 – 19 November 2010

(includes 2 luncheons and HKIAC 25th Anniversary Dinner)3. Mock Arbitration on 20 November 2010 (includes a luncheon)

HKIAC Users’ Members of Supporting Non-Members Council Members Organisations**

Early Bird Rates(on or before HK$5,200 HK$5,700 HK$6,40030 September 2010)

Regular Rates(on or after HK$5,900 HK$6,400 HK$7,1001 October 2010)

(II) Alternative Conference Package I Package includes:

1. The Kaplan Lecture 2010 & Opening Reception on 17 November 2010 2. HKIAC 25th Anniversary Conference on 18 – 19 November 2010

(includes 2 luncheons and HKIAC 25th Anniversary Dinner)

HKIAC Users’ Members of Supporting Non-Members Council Members Organisations**

Early Bird Rates(on or before HK$4,000 HK$4,500 HK$5,20030 September 2010)

Regular Rates(on or after HK$4,700 HK$5,200 HK$5,9001 October 2010)

(III) Alternative Conference Package II Package includes:

1. Mock Arbitration on 20 November 2010 (includes a luncheon)

HKIAC Users’ Members of Supporting Non-Members Council Members Organisations**

Early Bird Rates(on or before HK$1,300 HK$1,500 HK$1,80030 September 2010)

Regular Rates(on or after HK$1,500 HK$1,700 HK$2,0001 October 2010)

** Please refer to page 5 of this document for the list of Supporting Organisations.

Lighthouse Club Hong Kong

Mediation Institute at the Faculty of Law, The Chinese University of Hong Kong

New York State Bar Association – International Section

Moot Alumni Association

Permanent Court of Arbitration

Philippine Dispute Resolution Centre, Inc.

Philippine Institute of Construction Arbitrators and Mediators

Royal Institution of Chartered Surveyors

Shanghai Bar Association

Singapore Chamber of Commerce

Singapore Institute of Arbitrators

The Academy of Experts

The Hong Kong Construction Association, Ltd

The University of Hong Kong

I enclose a cheque made payable to “Hong Kong International Arbitration Centre”

Bank Transfer (Bank charges will be borne by the registrant. Please attach a copy of the remittance advice to this form.) Bank Name: Hong Kong and Shanghai Banking Corporation Limited (HSBC) Address: 1 Queen’s Road Central, Hong Kong Account Name: Hong Kong International Arbitration Centre Account Number: 004-567-190897-001 Swift Code: HSBC HK HHH KH

Credit Card [I hereby authorise the HKIAC to debit my credit card for the registration fees of the event(s).]

Type of credit card: Visa Card MasterCard

Card Number: Expiry: (MM) / (YY)

CVC/CVV Number (the last 3 digits of the code printed next to your card signature):

Name on Card: Signature:

Declaration: I hereby register for The Kaplan Lecture 2010, Opening Cocktail Reception, HKIAC 25th Anniversary Conference and / or Mock Arbitration. I agree with the terms set out by the organiser. I declare that the above information is correct and understand that the information will be included into the database of the Hong Kong International Arbitration Centre (HKIAC). The HKIAC can make use of my information for promotional purposes in relation to the events. I accept that the HKIAC bears no responsibility for any errors or omissions.

Please keep me informed of future events of Hong Kong International Arbitration Centre.

Title: Mr. Mrs. Ms. Dr. Prof. Other, please specify

Surname: First Name:

Company: Position:

Membership Type: HKIAC Users’ Council – *Individual Member / Institutional Member (*Please delete as appropriate)

Membership Type: Supporting Organisations, please specify

Address:

Tel: Fax: Email: (country code + area code + number) (country code + area code + number)

Signature

Date

Payment Methods (Please check one and make payment in advance.)

Personal Information

Terms and Conditions 1. Registration will be confirmed upon receipt of payment. 2. Written confirmation will be issued by fax or email. 3. The event programmes are subject to changes at any time without liability. 4. The events may be cancelled if a No. 8 typhoon signal or above is hoisted or the Black storm warning is raised three hours prior to start of the events. 5. To ensure your name will appear in the “List of Delegates” which is available at the event bundle, your registration must be received by the organiser by Monday, 1 November 2010.

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***JW Marriott Hotel at SPECIAL RATES***Conference participants are responsible for making their own travel and accommodation arrangements. However, the HKIAC has reserved a limited number of rooms at the following rates at the JW Marriott Hotel from 17 – 19 November 2010: (I) Deluxe Mountain View Room at HK$2,500/room/night plus 10% service charge, (II) Premium Harbour View Room at HK$3,100/room/night plus 10% service charge, (III) Mountain View Suite at HK$4,200/room/night plus 10% service charge, and, (IV) Harbour View Suite at HK$4,500/room/night plus 10% service charge. (The rates are approximately HK$1,200 lower than the original rates.) If you wish to take advantage of these special rates, please �ll in the reservation form on the next page and send it to the HKIAC at vwong@hkiac.org, or fax to (852) 2524 2171, on or before 18 October 2010. Each participant is responsible for his/her own room charges. Reservations will be subject to availability and cannot be guaranteed at the stated special rates.

HKIAC 25th Anniversary 17 – 20 November 2010, Hong Kong

JW Marriott Hotel Room Reservation Form

I. Personal Information

Surname: _____________________________________ First Name: __________________________________________

Company: _____________________________________ Position: __________________________________________

Address: ________________________________________________________________________________________________

________________________________________________________________________________________________

Tel (Office): _____________________________________ Mobile: __________________________________________

(country code + area code + number) (country code + area code + number)

E-mail: _____________________________________ Fax: __________________________________________

III. Accommodation Guarantee/Deposit (reservations can only be made with credit card details.)

I hereby authorise the Hong Kong International Arbitration Centre to disclose my credit card details (as follows) to the JW Marriott to

guarantee accommodation or make a deposit.

Type of credit card to be debited: Visa Card Master Card

Card No:

Expiry:

Signature: __________________________________________ Date: ______________________________________ (DD/MM/YY)

IV. Cancellation Policy

Please note a “no show” charge of one night will be automatically charged to guest’s credit card, should the guest fail to arrive on the

confirmed arrival date. In the event that the guest is a “no show” for the whole reservation period, the hotel will charge the guest’s

credit card for the entire period. Any cancellation or amendment is required before 1200 (HK time) 4 November 2010 otherwise the

guest will be charged for full duration of stay.

*Title: Mr. Ms. Mrs. Prof. Others, please specify:____________________________

Room Categories & Special Rates for Event Participants

Deluxe Mountain View Room - HK$2,500 per room per night**

Premium Harbour View Room - HK$3,100 per room per night **

Mountain View Suite - HK$4,200 per room per night **

Harbour View Suite - HK$4,500 per room per night **

** The special rates are applicable for reservations on 17-19 November 2010 only and include only the room rates. 10% service charge will be charged on top of room rates.

Estimated Arrival

Date, Time & Flight No.

Date:

Time:

Flight No.:

Estimated Departure

Date, Time & Flight No.

Date:

Time:

Flight No.:

Special Requests:

_______________ (MM)/ _______________ (YY) Name on Card:__________________________________

II. Hotel Reservation (Reservations will be subject to availability and cannot be guaranteed at the stated special rates.)

Please complete the hotel reservation form with necessary details and return it to the

Hong Kong International Arbitration Centre by email: vwong@hkiac.org or by fax: (852) 2524 2171