Department of Justice Seminar

Department of Justice

The Government of the Hong Kong SAR

Seminar on

Investor-State Dispute Resolution:

PCA and other latest developments

The Department of Justice is pleased to invite participants to attend a seminar on Investor-State Dispute Resolution: PCA and other latest developments.  Ms Judith Levine, Senior Legal Counsel at the Permanent Court of Arbitration (“PCA”) in The Hague, will provide an overview of a PCA-administered arbitration from the beginning to the end (including PCA’s Arbitration Rules 2012), with a special focus on investor-state disputes.  She will use case studies from recent PCA arbitrations to illustrate common procedural and legal issues that could arise in the course of a case.  Advantages of PCA host country agreements will also be highlighted by her.  Professor Anselmo Reyes, Professor of Legal Practice at the University of Hong Kong, will highlight the similarities and differences between investor-state and international commercial arbitrations.  He will also explain the reasons why Hong Kong should develop itself as a centre for investor-state arbitration in the Asia Pacific.  Mr Gary Born, Partner of Wilmer Cutler Pickering Hale and Dorr LLP, will discuss a possible new trend for international dispute resolution (especially international investment arbitrations). Ms Teresa Cheng, Chairperson of the Hong Kong International Arbitration Centre (“HKIAC”), will talk about the role of HKIAC in PCA-administered arbitrations. 

Details of the seminar

About the speakers

Judith Levineis Senior Legal Counsel at PCA in The Hague.  She has provided assistance to tribunals in investor-state and commercial cases including multi-billion dollar arbitrations under the Energy Charter Treaty between three former shareholders of Yukos Oil Company and the Russian Federation.  Ms Levine has served as Registrar in the South China Sea arbitration between Philippines and China; the Atlanto-Scandian herring arbitration between Denmark (in respect of the Faroe Islands) and the European Union; and the Abyei arbitration between the Government of Sudan and the Sudanese People’s Liberation Movement/Army.  From 2003-2008, Ms Levine worked as an attorney in the arbitration group at White & Case in New York where she represented private and sovereign clients in ICSID, ICC, AAA and UNCITRAL arbitrations.   From 2011 to 2012, she served as the PCA Representative in Mauritius, promoting PCA services and Mauritius as a venue for dispute resolution in Africa.

Anselmo Reyes is a Professor of Legal Practice at the University of Hong Kong, a position he assumed in October 2012.  Prior to that, he was a judge of the High Court of Hong Kong from 2003-2012.  As a judge, he was in charge of the Construction and Arbitration List (2004-2008) and the Commercial and Admiralty Lists (2008-2012).  He was called to the Hong Kong Bar in 1986, taking silk as Senior Counsel in May 2001.  He was admitted to the Singapore Bar in 1995.  In April 2013, he became Representative of the Asia-Pacific Regional Office of the Hague Conference on Private International Law.  In January 2015, he was appointed as an International Judge of the Singapore International Commercial Court.  He also practices as a commercial arbitrator.  He is a Fellow of the Chartered Institute of Arbitrators, a Fellow of the Hong Kong Institute of Arbitrators, and a CEDR Accredited Mediator.

Gary Born is a partner of Wilmer Cutler Pickering Hale and Dorr LLP. He heads the firm’s 70-person international arbitration group, which is based in London.  Mr. Born has represented European, US, Asian and other companies in arbitrations under all leading institutional rules (ICC, LCIA, AAA, Vienna, Stockholm, ICSID) and in ad hoc arbitrations in all leading international seats.   He also served as arbitrator in more than 175 institutional and ad hoc arbitrations and has published a number of leading works on international arbitration, international litigation and other forms of dispute resolution.  He is the author of International Commercial Arbitration (Second Edition Kluwer 2014), the leading treatise in the field.  He has also taught at various law schools in the United States, the United Kingdom, Singapore and the People’s Republic of China.

Teresa Cheng GBS SC JP FICE FCIArb is a Senior Counsel, Chartered Engineer, Chartered Arbitrator and Accredited Mediator.  She is the Chairperson of HKIAC, and Vice President of the International Council of Commercial Arbitration (ICCA).  She specialises in construction and international commercial joint venture contracts and investment arbitration, and is an experienced practitioner in international arbitration and mediation.  She is frequently engaged as counsel or arbitrator in complex international commercial disputes.  She has co-authored numerous books and articles.  Some of her recent publications include “Construction Law and Practice in Hong Kong” and “Arbitration in Hong Kong: A Practical Guide”, published by Sweet & Maxwell.

About the moderator

Chiann Baois the Secretary-General of HKIAC.  Ms Bao functions as the chief executive officer of HKIAC and oversees the administration of a full range of ADR support services.  Ms Bao is a Councillor of the International Federation of Commercial Arbitration Institutions (IFCAI).  In addition, she serves as a board member of the Practical Law Company, the Association of Corporate Counsel’s International Advisory Board, the Asian Dispute Review’s Editorial Board, and the NYIAC Board of Advisors.  A New York qualified lawyer, Ms Bao practiced at an international law firm in New York before joining HKIAC in 2010.    

Please register by email at pcahkseminar@doj.gov.hk on or before 27 February 2015.  Seats are limited and registration is on a first-come-first-served basis.  Successful registrations will be notified by e-mail.