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ICC-HK Draft Flyer Template Revised 25 8 2020__Docx Decoding Hong Kong Contract Law Series - Part II: Negotiations and Competitive Bidding (Webinar - Zoom) 2 Law Society CPD Points applied for Introduction: "Law which can only be tentatively identified after a trawl through extensive authorities must be condemned as not fit for purpose." – Professor Neil Andrews, Cambridge A succinct statement of the Hong Kong contract rules is needed for at least the following reasons: It will make Hong Kong contract law easier to discover and communicate. It will render Hong Kong contract law more susceptible to rational discussion. It will make it more likely that the law will be accurately, consistently and reliably applied by legal advisors, parties to negotiation and participants in contentious proceedings. It will enhance Hong Kong contract law's influence in the Greater Bay and Greater China regions. Highlights: This webinar is dedicated to the restatement of rules concerning negotiations and competitive bidding under Hong Kong Contract Law. Rules and cases concerning negotiations and competitive bidding under Hong Kong Contract Law will be explained. Guest speakers will provide their comments on the proposed black letter rules on the relevant topics followed by discussions. Registered participants will receive course materials from IDRA in advance of the webinar. Who should attend? Lawyers, judges, businessmen, public officials, jurists, scholars, students and ordinary people, both in Hong Kong SAR and other cities in the Greater Bay Area, and both within and outside the Common Law family of jurisdictions. Topics and Speakers: Negotiation Agreements: Ms Kim M Rooney Pre-Formation Fair Dealing: Mr Rimsky Yuen, GBM, SC, JP Unjust Enrichment Claims when Negotiations Fail: Mr Andrew Rigden Green "Subject to Contract": Mr Amirali Nasir, MH, JP Tenders, Auctions, Sealed or Best Bids: Mr Glenn Haley Co-hosts Ms Olga Boltenko Dr Fan Yang Negotiation Agreements: Ms Kim M Rooney https://www.giltchambers.com/barrister/kim-rooney/ Kim M. Rooney Barrister, and Independent Arbitrator T: +852 2866 8233 E: [email protected] Address: Gilt Chambers, 8/F Far East Finance Centre, 16 Harcourt Road, Hong Kong Kim is a Hong Kong barrister and independent arbitrator, and an accredited mediator. She is a member of ICC Court of International Arbitration and serves as a member of the Board of Directors of eBRAM International Online Dispute Resolution Centre. Before becoming a full time arbitrator and barrister, Kim was a partner of White & Case LLP heading its Asian international dispute resolution practice based in Hong Kong. She is on the panels of many arbitral institutions. Kim sits as arbitrator in international arbitrations of commercial, finance, joint venture, high technology, energy, infrastructure and resources disputes around the world under various rules including those of ACICA, HKIAC, ICC, ICDR/AAA, JCCA, LCIA (India), SIAC and UNCITRAL including as emergency arbitrator and in expedited arbitrations. Kim has represented clients as counsel in complex, high value disputes in both commercial and investor state arbitrations, the latter including under ICSID Rules. She chaired the Hong Kong Law Reform Commission’s Subcommittee on Third Party Funding for Arbitration; its 2016 Final Report’s recommendations (with draft legislation) to clearly allow and to regulate Hong Kong third party funding of arbitration were implemented by 2017 amendments to the Arbitration Ordinance (Cap 609). She is also admitted as a Barrister and Solicitor in Western Australia and a Solicitor in England and Wales. She was admitted as a Solicitor in Hong Kong from 1992 to 2009. Kim is the editor of “Dispute Resolution International” the IBA’s journal for its contentious section and an ADR contributing editor to “Civil Law & Practice” for Hong Kong. She chairs the Hong Kong Bar Association’s Arbitration Committee. Pre-Formation Fair Dealing: Mr Rimsky Yuen, GBM, SC, JP https://www.templechambers.com/member/rimsky-yuen-sc Rimsky Yuen, GBM, SC, JP Barrister T: +852 2523 2003 E: [email protected] Prior to 1 July 2012, Rimsky Yuen SC’s practice was primarily commercial in nature with experience in various areas of commercial and related civil matters. The key areas of his practice included advisory and court works relating to contract disputes, shareholders and partners disputes, corporate and personal insolvency, banking, insurance and international trade. Apart from acting as advocate in court or arbitral proceedings, Rimsky Yuen SC also from time to time acted as arbitrator in international arbitration and as mediator in commercial and other civil disputes. During the period from 1 July 2012 to 5 January 2018, Rimsky Yuen SC occupied the position as Secretary for Justice of the Government of the Hong Kong Special Administrative Region (“HKSAR”). In his capacity as Secretary for Justice, he acted as the chief legal adviser to the HKSAR Government overseeing five key areas of legal works: (1) civil disputes involving the HKSAR Government; (2) criminal prosecutions; (3) international law; (4) drafting of government legislation; and (5) legal policy matters (including the promotion of arbitration and mediation) as well as law reform. Major matters that he handled during this period included public law cases (such as judicial review applications involving constitutional, human rights and planning issues), commercial disputes involving the Government, regulatory matters relating to statutory bodies, international law matters (such as investment treaties, surrender of fugitives and assets recovery), as well as arbitration and mediation involving the Government. After his resignation as Secretary for Justice on 5 January 2018, Rimsky Yuen SC resumed private practice in April 2018 at Temple Chambers as barrister, arbitrator and mediator specializing in commercial disputes. Since then, he has been appointed as arbitrator in various international arbitrations (both Hong Kong and overseas) and has also been retained as advising counsel or advocate in various commercial disputes. Unjust Enrichment Claims when Negotiations Fail: Mr Andrew Rigden Green https://www.shlegal.com/en/people/andrew-rigden-green Andrew Rigden Green Stephenson Harwood, Partner T: +852 2533 2761 M: +852 6013 2520 E: [email protected] Office: Hong Kong Andrew is a dispute resolution partner at Stephenson Harwood and he is a Fellow of the Chartered Institute of Arbitrators and a member of the Singapore Chamber of Maritime Arbitration. He is an arbitration specialist with particular experience in dealing with disputes arising from the financing of assets, international sale contracts, trade and commodity finance, marine disputes, shipbuilding and offshore oil & gas. Andrew is head of the international arbitration team in Hong Kong and co-head of Stephenson Harwood's Asia international arbitration team. Andrew has extensive experience in multijurisdictional arbitrations, and in using courts to support such arbitration procedures (in particular to locate and to secure assets for eventual enforcement). He has conducted a number of ad hoc, institutional significant arbitrations both under institutional rules (HKIAC, CIETAC, SIAC, LCIA, ICC) and under trade association rules (ARIAS, LMAA, SCMA). He frequently team up with our international offices in Europe, Middle East and Asia to serve clients from a range of sectors, including shipping, aviation, construction, projects and energy, commodity and financial services. The arbitrations he has been dealing with as an international team have been seated in many different jurisdictions including China, California, Geneva, Germany, Hong Kong, India, London, New York, Paris, Singapore and Thailand. Many of these cases involve support from local courts in the form of anti-suit injunctions, asset preservation orders and freezing orders. Andrew has particular experience in jurisdiction disputes and in obtaining injunctions in support of litigation and arbitration. "Subject to Contract": Mr Amirali Nasir, MH, JP Amirali Nasir, MH, JP T: +852 2877 5299 F: +852 2877 5121 M: +852 5199 3192 E: [email protected] Mr. Amirali B. Nasir is a solicitor admitted in Hong Kong and England and Wales practising under the name and style of NASIRS® His principal areas of practice are dispute resolution and commercial law. He is the Vice President of the Law Society of Hong Kong and chairs the International Legal Affairs Committee, InnoTech Committee, Guide Working Party and other committees of the Law Society of Hong Kong. He is Alternate Director of eBRAM and IBA Council Member (Second list). Regional Secretary of the Union Internationale des Avocats for Hong Kong, China and neighbouring countries and member of its Governing Board. Tenders, Auctions, Sealed or Best Bids: Mr Glenn Haley https://www.bclplaw.com/en-GB/people/glenn-haley.html Glenn Haley Bryan Cave Leighton Paisner, Partner T: +852 3143 8450 E: [email protected] Glenn Haley has 35+ years’ experience in all aspects of major projects, infrastructure and the construction and engineering sectors, in both contentious and non-contentious matters. He has also represented government and semi-government bodies in the implementation of numerous large-scale infrastructure developments, including airports, rail projects, bridges, roads, tunnels, power generation projects and commercial structures. Glenn has lived and worked in Hong Kong for the past 30+ years, handling matters throughout the Asia Pacific region. Glenn is a contributing author to Financial
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