On 27 November 2017, HKIAC held its Arbitration Clause Negotiation Workshop in London. The workshop was sponsored and hosted by Herbert Smith Freehills’ London office and was attended by in-house counsel, private practitioners and academics.
The event featured a live negotiation over two arbitration agreements between a BVI entity (affiliated with a Chinese private equity fund) and an English company majority owned by a Singaporean state-owned enterprise. The negotiators were James Rogers (Norton Rose Fulbright), Angeline Welsh (Matrix Chambers), Jern-Fei Ng (Essex Court Chambers) and Anjali Dixon (Standard Chartered Bank). Justin D’Agostino (Herbert Smith Freehills) acted as the commentator. Joe Liu (HKIAC) was the host for the event.
Following an interesting debate on optional clauses, mix-and-match clauses, language of arbitration, governing law, sovereign immunity and other issues, the negotiators agreed to, among other things, HKIAC arbitration seated in Hong Kong for the two contracts.