The seat of arbitration and foreign arbitration institutions administering arbitrations in Mainland China
HKIAC Chinese Arbitration Insights
Friday, May 21, 2021 (6:30 PM - 7:30 PM)
May 21, 2021
Registration for this event is now closed.
6:30 PM - 7:30 PM
In the second session of this series, we will look at the evolving attitudes of the PRC judiciary to Mainland China seated arbitrations administered by foreign institutions and the recent policies issued by the PRC government permitting foreign arbitral institutions to set up case management offices in Mainland China.
The audience will hear about the developments, the remaining uncertainties and the factors users need to take into account where reference is made to foreign arbitration institutions administering cases in Mainland China.
Key points include:
The direction of the PRC courts: Dasung and Brentwood case
The PRC government approach: The policies in Shanghai(Lin-Gang), Beijing and Hainan
What still needs to be clarified and how to achieve more certainty
What users should take into account when referring arbitration to a foreign arbitration institution in Mainland China
Experienced counsel specialising in commercial litigation and arbitration, with 18 years’ experience appearing before courts and tribunals and sitting as arbitrator in different jurisdictions, including England, Hong Kong, Singapore, Malaysia, Cayman Islands and Luxembourg.
Acted as counsel in over 100 commercial disputes and as arbitrator in some 30 cases (as presiding, sole and co-arbitrator) pursuant to, amongst others, ICC, HKIAC, LCIA, LMAA, SIAC, PCA and UNCITRAL Rules. Was one of the youngest Queen’s Counsel to be appointed in 2018.
Described in the legal directories as “an absolutely brilliant advocate!”; a “highly skilled strategist and terrific advocate” with “first-class advocacy skills” that is both “smooth and persuasive”. “A star of the future”; “one of the most talented counsel I have worked with on issues of strategy, where he is always several steps ahead of the current state of proceedings”. He is “a very talented silk” who is “already in the zone of a leader in international arbitration” and who has an ability to “present practical legal solutions that not only win you the battles, but also the war.”
“Extremely intelligent and tactically astute, he is one of a kind and is highly sought after.” “He shows tenacity in fighting his client’s corner and has the ability to swiftly produce forceful oral rebuttals”; “will fight like a gladiator to win the case”; “very proactive and, once instructed, takes control of a case and pushes it forward to the advantage of the client”; “super intelligent, very knowledgeable”.
Described as having a “blue-chip practice”; litigation experience that is “top-class”, with “an encyclopaedic knowledge of the law”; “superb lawyer and strategist” who “can master complex facts quickly”. He “can eat documents for breakfast” and has a “formidable reputation in Asia Pacific as an arbitrator and counsel”.
Arbitrator at Arbitration Chambers
Mr. Tao has sat in over 200 arbitrations, the majority as sole or presiding arbitrator, in both civil and common law disputes. The Legal 500 Asia, Chambers Global and Chambers Asia-Pacific have consistently recognized Mr. Tao as a leading dispute resolution lawyer in China, one of the “Most in Demand Arbitrators” in the Asia-Pacific region, who “really bridges the divide between Western and Eastern views,” “a respected name on the arbitration scene” and “very well regarded for his activity in the international arbitration arena”, and “one of the best arbitration practitioners in the region.”
Deputy Secretary-General and Chief Representative (Shanghai Office) at HKIAC
Dr Ling Yang is Deputy Secretary-General of HKIAC and Chief Representative of the Shanghai Office.
Prior to joining HKIAC, Ling was an Associate Professor at the East China University of Political Science and Law where she taught international arbitration for nine years. During 2017, Ling was a visiting scholar at Boston University School of Law. Ling has published widely on issues of international dispute resolution and arbitration in China, and currently serves as Executive Editor-in-Chief for the Shanghai International Arbitration Review. Ling has also been appointed as arbitrator. She obtained a PhD in 2009 and an LLM in International Law in 2006 from Wuhan University. In 2008, she was visiting scholar at the University of Aix-en-Provence Marseille III.
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