Newsletter. Seminar on ICANN & Its Domain Name Dispute Resolution Process. Silver Bauhinia Star Award Hong Kong, 1 July 2007.

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1 October 2007 Newsletter A brief review of the content of this issue will demonstrate how active the Young Members Group of the CIArb s East Asia Branch has become under the direction of Joe Gilfeather, supported by his enthusiastic YMG sub-committee. The great turnout to the recent social gathering at Grappa s organised by Joe and his team is testament to this. What is particularly gratifying is the exposure that the Branch has received through the active participation at joint events of young members of other professional organisations in Hong Kong and the region. Long may such cooperation continue. The East Asia Branch continues to organise and host a variety of events for its members, as can be seen from the forthcoming programme schedule on the back page. An up to date schedule of events can always be found on the Branch website: ciarbasia.org/. As ever, we are pleased to receive your contributions, be they items of news, short articles, book reviews or letters, so please keep sending them in to the Editor, contact details per the back page. Andrzej Cierpicki Seminar on ICANN & Its Domain Name Dispute Resolution Process Hong Kong, 25 July 2007 Moderators Mr. Tim Cole and Ms. Connie Carnabuci at the ICANN seminar Over 80 delegates from various professions gathered at an evening seminar organised by the Hong Kong International Arbitration Centre and supported by the CIArb (EAB), Young Members Group, to discuss the use of the domain name dispute resolution process as an means of resolving disputes. The seminar was moderated by Ms. Connie Carnabuci, a partner of Freshfields Bruckhaus Deringers. Mr. Tim Cole, Chief Registrar Liaison of the Internet Corporation for Assigned Names and Numbers (ICANN), introduced the delegates to the services and operation of ICANN. He then shared his views on the topical issue of the recent development in domain name monetization practices and its impact on domain name disputes. The seminar, which was informative and well received by the delegates, ended with an interactive question and answer session. Joe Gilfeather Silver Bauhinia Star Award Hong Kong, 1 July 2007 Mr. Neil Kaplan has been awarded the Silver Bauhinia Star by the Chief Executive of the Hong Kong Special Administrative Region for his distinguished public and community services, particularly for his contribution to the development of commercial arbitration in Hong Kong and his efforts in establishing the Hong Kong International Arbitration Centre. Mr. Kaplan was Chairman of the Hong Kong International Arbitration Centre from and was President of the Chartered Institute of Arbitrators from May 1999 until May He is currently a full-time practising arbitrator with chambers in both Hong Kong and London. From March 1990 until the end of 1994 he was a judge of the Supreme Court of Hong Kong. He was the judge in charge of Mr. Neil Kaplan SBS CBE QC the Construction and Arbitration list. From 1994 until the end of 1999 he was the Convenor of the Dispute Review Group for Hong Kong s new airport. Mr. Kaplan was the Chairman of Hong Kong s WTO Review Body on Bid Challenges from and is currently Deputy Chairman of Hong Kong s Telecommunications (Competition Provision) Appeal Board.

2 Asia Pacific Law School Dean Joint Conference Shantou University, Guangdong, China, May 2007 Niall Lawless, CIArb UK Trustee, was earlier this year invited to make a presentation on International Commercial Arbitration at the Asia Pacific Law School Dean Joint Conference, hosted by Shantou University s Law School. Shantou University was established in 1981 and is largely privately funded by the Li Ka Shing Foundation, which has the mission of engineering tertiary education reform in mainland China for the development of strategies to keep step with the rapid changes in Chinese society in recent decades. Recognising that law plays a great part in this, the Law School set out priorities to develop problem solving, negotiation and consensus building skills and to promote dispute resolution mechanisms to be made widely available to the community. In early 2004 Shantou University established a dedicated alternative dispute resolution (ADR) training programme and established the Cheung Kong Centre for Negotiation and Dispute Resolution (CKND) with the aims of increasing awareness, understanding, use and development of ADR mechanisms. Niall Lawless with Professor Zhang Yue Jiao of Shantou University Law School and Vice President of China s International Economic Law Society Two major initiatives flowed from the Conference. The first was the creation of an Asia Pacific Law Dean Forum, of which Professor Jianfu Chen from La Trobe University in Australia was elected as President. The second was a protocol for the Forum to meet regularly to explore opportunities and examine and recommend proposals for student and staff exchange, academic research cooperation and teaching collaboration in the Asia Pacific region. Young Members Wine Tasting Event Hong Kong, 5 October 2007 Six eminent Young Members Groups from various professional organisations recently jointly organised a wine tasting event in Central for their members enjoyment. Representatives and members of the Hong Kong Institution of Engineers, Institute of Civil Engineers, Chartered Institute of Arbitrators, Law Society of Hong Kong and the Hong Kong Institution of Surveyors enjoyed themselves thoroughly with a tasting of several bottles of wine from a variety of countries. After detailed instructions were given on how to drink and how to identify various wines, three representatives from each organisation were chosen to compete in a wine tasting contest where they were blindfolded and attempted to label what wine they were drinking, where it was made and the year of its production. YMG members: Timmy Cheung, Justin Wong, Rendy Ng and various others attended on behalf of CIArb. The YMG was honoured to have the attendance of John Cock who kindly shared his valuable insights as to how young members can help spread the word of arbitration to members of other professional groups through jointly organised activities such as this wine-tasting event. The YMG looks forward to co-organising a joint-organisation one day seminar in January 2008 and to further promote the CIArb to members of other industries. Rendy Ng Award Writing by Chairman Cock Hong Kong, 27 June 2007 The ultimate duty of an arbitrator is of course to write the award. This is probably one of the most difficult duties of an arbitrator. Our Branch Chairman, John Cock, gave an interesting insight into his experience as an arbitrator and explained, with some of his own tips, how an award should be written. During the question and answer session and thereafter, many questions were fielded on writing an award. Due to the great number of questions both John Cock and Timothy Hill agreed to take questions by . Should members have any further questions on award writing please contact either John or Tim by ing ciarb@hkiac.org. Joe Gilfeather Branch Chairman, John Cock

3 Fellow and Chartered Arbitrator Status A brief explanation The two systems previously in force are both set to expire on 31 December 2007, after which it will be necessary for anyone aspiring to Fellowship and/or Chartered Arbitrator status to apply through the new system, which has been in place since February Under the new system, Fellowship and Chartered Arbitrator status are separate qualifications. Fellowship may be achieved via pathways in either arbitration or mediation. The final step in becoming a Fellow is the Peer Interview. For more information about upgrading to Fellowship, refer to the Institute s website at MembFell.asp. For more information, members may Karen Cheel at the Institute s headquarters at 12 Bloomsbury Square in London (kcheel@arbitrators.org). While Karen is responsible for all of the administration matters, the Branch will facilitate and arrange courses and Peer Interviews. With regards to Chartered Arbitrator status, Members must first achieve Fellowship status, and then may commence pupillage training. An important aspect of this training is Members must register with Bloomsbury Square first and find their own Pupil Master(s). For further details please check out the CIArb website on asp (accessible to members only). For those who were awarded Fellowship prior to January 2000 under the old system, or were registered as participants in the intermediate system in operation for the period from January 2000 to February 2006, the opportunity to complete Fellowship and/or pupillage under those systems has been extended until 31 December This deadline applices for all aspects of the program evcept the requirement to attend a live hearing, for which the deadline is 30 June Details of this extended pupillage opportunity may be downloaded from the website at (members only). The Branch is running a series of courses associated with this program. Contact John Cock or Doug Wardale for details by to ciarb@hkiac.org. Michael Keys In November 1999, Michael Keys moved from the UK to Hong Kong with his wife Sandra and nine month-old daughter, Diana, to follow his career/life dream of working in Hong Kong. He was then working with Harold Crowter Associates. Less than two weeks after his arrival, Michael fell ill and was found to be on the edge of heart failure due to a large tumour inside his heart. After major heart surgery, Michael learned that he was one of 2% of people found with an extremely rare form of cancer cardiac leiomyosarcoma. Thereafter, he was only expected to live for six months. However, against all odds he survived for another eight years. This was mainly due to the world-class medical support that came from the Prince of Wales hospital in Hong Kong, resulting in Michael being one of, if not the, longest living survivor of cardiac leiomyosarcoma in the world. One of the most consistent memories of Michael is his gentle strength. Only a few weeks before his death, he returned to work on a project with Aspect Asia, determined to live every moment of his life even after the amputation of his right leg and major heart surgery, for a second time, major heart surgery. Yet then, as always, he settled into the team and into his work with the attitude of life and business as usual. Michael Keys Yet, above all else, Michael put his commitment to his family first and never lost sight of this. He was a committed and devoted husband and father whose loss is a tragedy to all. Michael was a Fellow of the Chartered Institute of Arbitrators, and served on the committees of the East Asia Branch ( ) and, prior to moving to Hong Kong, the East Anglia and Central/South Midlands Branches ( ). He was a HKIAC Accredited General Mediator and a member of the Hong Kong Mediation Council. A quantity surveyor by profession, Michael was also involved with the Royal Institution of Chartered Surveyors, the Chartered Institute of Builders and a number of other professional bodies.

4 Informal Evening Gathering at Grappa s, Jardine House Hong Kong, 14 September 2007 The Young Members Group of the CIArb (East Asia Branch) organised this event to let younger members of the Branch learn more about the Institute. Young members from various professional organisations were also invited with a view to introducing them to the CIArb. The first 20 people to enrol for the forthcoming Entry Course in November 2007 were each given a free Branch polo shirt. The event was well attended by over 200 people from 20 organisations. Food and drinks were in plentiful supply. Short, introductory speeches were given by the Hong Kong Joe Gilfeather, in Branch polo shirt, with young members at Grappa s Institution of Engineers, the Law Society of Hong Kong, the Chartered Institution of Building Services Engineers, the Institution of Civil Engineers (Hong Kong Association), the Canadian Chamber of Commerce (Hong Kong), the Institution of Mechanical Engineers Hong Kong and the Hong Kong Institute of Certified Public Accountants. A lucky draw was also held with many great prizes including Mr. Paul Barrett, of the Branch Committee, who was raffled off along with a free dinner at Grappa s. The grand prize, which everyone was waiting for, was $3,000 in cash. Entertainment was in no short supply either. Vincent Chin of the Young Members Group played the electric piano, while Miss Cordia Yu took to the stage and sang a famous Mandarin song. A Cuban/Filipino band was also engaged to perform throughout the evening and succeeded in encouraging many people to get up from their seats and onto the dance floor. The evening was a great success and the Branch hopes to see more people joining the Institute and take part in its activities. Also, a big thank you to the following event sponsors, without their contributions the event would not have been possible: Gold Sponsors - $10,000+ Christoper To (Lead Sponsor) Gammon Construction CIArb (East Asia Branch) Silver Sponsors- $5,000 to $9,999 Merrill Legal Solutions Brian E Rawling & Associates Limited Maxwell Contract Services Hung Wan Construction Company Limited Kowloon Canton Railway Corporation Minter Ellison Bronze Sponsors - $1,000 to $4,999 Evans & Peck EC Harris Mr. Neil Kaplan CBE QC SBS Mr. Danny Choi Mr. Philip Yang Anthony Wu Mr. Chan Bing Woon SBS JP Mr. Gary Soo Ms. Alice To The Hong Kong Institute of Mediation The College of Estate Management ADR Partnership Finally, a big thank you to Charlotte Pache of Merrill Legal Solutions and Ian Cocking of Minter Ellison for providing so much support for this event. Patricia Nandwani & Joe Gilfeather

5 Evidence Expert and Factual Hong Kong, 18 September 2007 Colin J Wall, immediate Past President of the Institute and Trustee for East Asia region presented Part 2 of the current Nuts and Bolts series of talks, on the subject of evidence in arbitration. In his talk Colin reviewed the requirements of the Hong Kong A r b i t r a t i o n O r d i n a n c e a n d contrasted the different requirements for domestic and international arbitrations under the UNCITRAL Model Law. He then explained the different types of evidence that could be produced in arbitration and shared his views on expert evidence, emphasising the importance of the Ikarian Reefer guidelines that have been followed in the RICS Code of Conduct for Surveyors Giving Colin J Wall, with Branch Chairman, John Cock Expert Evidence and the soon to be published CIArb Expert Witness Protocol. He then considered factual witness evidence and rounded off his talk with a review of the admissibility and relevance of evidence adduced in arbitration. Colin s talk, which was both anecdotal and informative, was well received by an attentive audience, who participated actively in the question and answer session that followed. International Arbitration Institutions A Menace to Sovereignty or a Panacea for Business? Hong Kong, 13 September 2007 Following the ADR in Asia Conference, held at the Ritz-Carlton Hotel, Hong Kong, over thirty eager professionals, including Conference speakers, congregated for an evening lecture conducted by Mr. W Laurence Craig, an experienced chartered arbitrator, who shared his views on international arbitration institutions. This lecture was organised by the HKIAC and was supported by the CIArb (EAB) Young Members Group. It was moderated by Mr. Robert Pé, who had also acted as moderator in the ADR in Asia Conference earlier that day. Mr. Pé is a partner in Orrick s Hong Kong office with extensive experience in handling high value international arbitrations. As the intriguing lecture title suggests, Mr. Craig delved into the issue of whether international arbitration institutions would act as a menace to sovereignty or as a panacea or business. In his view, neither, as international arbitration institutions simply provided an alternative. He went on to discuss the pros and cons of ad hoc and institutional arbitration and analysed why institutional arbitration abroad may be the best solution, with the ICC providing a desirable forum for both Chinese enterprises and foreign companies operating in China. The good news was that courts in the USA had leaned over backwards to enforce CIETAC awards. Generally, enforcement would only be refused when there was no agreement to arbitrate. A very successful evening, as highlighted by the lively question and answer session that followed the conclusion of the lecture. Joe Gilfeather

6 Cocktail Reception Hong Kong, 11 September 2007 A well attended cocktail party in honour of Mrs Anson Chan, Patron of the Chartered Institute of Arbitrators, was held at the Hong Kong Club on the evening of 11 September. This was an opportunity for members of the East Asia Branch to meet with and welcome Mrs Chan as Patron of the Institute. Patron, Mrs Anson Chan (2nd right) flanked by future and past Presidents of the Institute, Teresa Cheng and Colin J Wall, with Branch Chairman, John Cock East Asia Branch Events Programme Unless stated otherwise, events are free to members, are held at the HKIAC and start at 6:00 pm, with drinks and snacks being served prior to the commencement of the presentation at 6:30 pm. Wednesday 24 October 2007 CIArb Guidelines on Party Appointed Experts in International Arbitrations presented by Doug Jones, Chairman of the Board of Trustees. Venue Hong Kong Club. Thursday 15 November 2007 Part 3 of the Nuts and Bolts series: Future Trends and Innovations in Dispute Resolution ; speaker Nick Longley. Thursday 24 January 2008 Part 4 of the Nuts and Bolts series: Mediation, Adjudication and the Dispute Resolution Adviser System ; speaker Andrzej Cierpicki. Monday 3 to Sunday 9 March 2008 Fifth Vis (East) Moot. Venue TBA. Various times. Thursday 20 March 2008 Part 5 of the Nuts and Bolts series: Writing the Award ; speaker John Cock. Thursday 17 April 2008 Branch Annual Dinner, guest speaker TBA. Venue Hong Kong Club. Tuesday 29 April 2008 Branch AGM. Venue Hong Kong Club. Thursday 22 May 2008 Part 6 of the Nuts and Bolts series: The Perfect Arbitration: An Encore ; speakers Tony Houghton and Glenn Haley. Thursday 20 November 2008 A talk presented by Lord Woolf. Venue Hong Kong Club. CIArb East Asia Branch The Branch provides a regional organisation for members of the Chartered Institute of Arbitrators who are resident in the geographical area of Hong Kong, China, Vietnam, The Philippines, Japan, Korea, Singapore, Mongolia and Indonesia (Thailand, formerly part of the East Asia Branch, was constituted as a separate branch in 2003). The objectives of the Branch are to promote, encourage and facilitate the practice of settlement of disputes by arbitration and other means of dispute resolution, and generally to support and promote the status and interests of the Institute. CIArb East Asia Branch Committee Raymond Au Koon Shan, Paul Barrett co-opted, Louise Barrington, Peter Caldwell, Jessica Chan, Andrzej Cierpicki, John Cock Chairman, Julian Cohen co-opted, Jayems Dhingra, Fung Ching Nam Public Relations Officer, Joe Gilfeather Hon. Treasurer, Glenn Haley Ex-Officio and Hon. Secretary, Timothy Hill Vice-chair, Tony Houghton, Nicholas Longley, Christopher To, Doug Wardale Vice-chair, Yeung Man Sing Contact Details c/o The Hong Kong International Arbitration Centre 38/F Two Exchange Square, Central, Hong Kong Telephone: (852) Fax: (852) Website: ciarb@hkiac.org