Speaker(s)

• Ms Stephanie Chan, Partner, Sidley Austin
• Mr Adrian Tang, Senior Associate, Sidley Austin
• Ms Louisa Wong, Associate, Sidley Austin

Description

Dispute resolution, governing law, and jurisdiction clauses are often overlooked in contracts, but they can provide strategic advantages when disputes arise. For parties who may need to enforce their rights under a contract, well-drafted clauses can help to minimize potential litigation risks, delays and costs. Additionally, there are practical considerations during the pre-action stage that can enhance enforcement and recovery while meeting commercial objectives. 

To safeguard their company’s interests and serve their board better, governance professionals should have a basic understanding of how to anticipate potential disputes and take proactive measures during contract negotiation, especially when in-house counsels may not be available at all times. 

In this seminar, speakers from Sidley Austin will provide a practical overview of key issues in effective drafting of dispute resolution, governing law, and jurisdiction clauses in contracts. They will address common pitfalls arising from poor drafting and share insights on practical and strategic considerations during the pre-action stage, with a focus on cross-border disputes involving China-related contracts. 

Highlights of the seminar: 

(1) Practical tips when negotiating enforcement related terms of a commercial contract:

a. Choice of Governing Law and Jurisdiction Clauses; 

i.   Exclusive vs Non-exclusive Jurisdiction Clauses; 

ii.   Asymmetric Jurisdiction Clauses / Unilateral Option Clauses;   

b. Choice of Dispute Resolution Clauses

i.   Arbitration vs Litigation;

i.   Multi-Party / Multi-Contract Scenarios; 

iii. Multi-tiered Dispute Resolution Clauses / Escalation Clauses; and   

2)   Practical considerations at the pre-action stage with a particular focus on cross-border disputes involving China-related contracts.

This is the online session. If you wish to join in person, please click HERE for physical session.

Remarks on this Online Session:

• Registration will be closed on 10 October 2023 at 5.00pm.
• Once enrolment in this online session is confirmed by the Institute, requests to change to physical session will not be entertained.
• Online session will be delivered via Zoom facility. The Institute has made every effort to ensure that the quality of the internet connection is sufficient for media streaming. Attendees should ensure that they are in an area of stable internet connection with suitable bandwidth as this can affect user’s experience.

Level: Intermediate

Speakers' bio:
Ms Stephanie Chan
Mr Adrian Tang
Ms Louisa Wong

Seat guarantee will only be given to HKCGI Fellows and/or Practitioner’s Endorsement (PE) holders if registered 10 clear working days with payment prior to the date of the seminar.