On Thursday 22 June we had an interactive discussion in our ‘A Case in Time’ Headnote series.

Olga Boltenko and Xiongchao Chen of Fangda Partners, the authors of the GAP chapter on Hong Kong, considered the issue of the governing law of arbitration agreement in China Railway v CKH, followed by comments from Samantha Tan of Freshfields Bruckhaus Deringer (short bios of the speakers below) and a Q&A with the participants. Chatham House rules applied. The event chat was open to facilitate networking and interaction.

The recording is available here.

You can find out more about Delos’s Guide to Arbitration Places (GAP) here, and sign up for GAP news here, and do look up other forthcoming events in our Headnote and Journal Series.

ABOUT THE GAP AND THE SPEAKERS

The Delos Guide to Arbitration Places (GAP) is designed to assist in-house counsel, corporate lawyers and arbitration practitioners with efficiently accessing key insights into a large range of jurisdictions, including for the purposes of negotiating the choice of arbitral seats and conducting arbitral proceedings in those jurisdictions.

This peer-reviewed open access publication is now in its second edition. Browse the table of contents, explore the jurisdictions covered in the GAP or jump to the traffic lights table.

Olga Boltenko is an investment and trade lawyer with over ten years of experience in public international law and investor-State dispute resolution. She has acted as legal counsel in investor-state disputes under the auspices of the Permanent Court of Arbitration, the ICSID, the SCC, the ICC, the LCIA, and as tribunal secretary in dozens of commercial disputes in a wide array of industries including oil and gas, mining, infrastructure, construction, telecommunications and pharmaceuticals, across Asia and beyond. Ms. Boltenko teaches a master of laws degree in arbitration and ADR with a focus on Belt & Road investment law at The University of Hong Kong. She is also a professor of law at the Royal University of Law and Economics in Phnom Penh, Cambodia, where she teaches a course in investment law at the dual degree program with the Free University of Brussels. Ms. Boltenko is admitted to the roll of solicitors of the Hong Kong SAR, to the Bar Association of the Primorsky Region of the Russian Federation, and she is registered as a foreign lawyer with the Singapore International Commercial Court. Ms. Boltenko is listed as an arbitrator at the SIAC (reserve panel), AIAC, CIETAC, AFSA (Arbitration Foundation of Southern Africa), and XAAC (Xi’An Arbitration Commission). Who’s Who Legal says:“Ms. Boltenko is a highly motivated and hard-working practitioner who stands out as an excellent choice for investor-state disputes.” Who’s Who Legal, 2022

Xiongchao Chen is a Partner of the Capital Markets Group in the Hong Kong office. He has extensive experience in capital markets in Hong Kong and has worked in renowned pharmaceutical companies as a medical specialist prior to joining the firm. Mr. Chen represents leading corporate and major financial institution clients, including China Resources Phoenix Healthcare Holdings Company Limited, Yili Group, Morgan Stanley and Citigroup. Peter has advised clients in a broad range of industries, including healthcare, gaming, technology, telecom, financial services and consumer products.

Samantha Tan is a partner at Freshfields Bruckhaus Deringer in the international arbitration practice group, based in the Singapore office. Samantha represents clients in international commercial and construction disputes. She also represents both investors and States in ISDS. She has represented and advised clients in commercial and treaty arbitration under a wide range of arbitral rules, including ICSID, UNCITRAL, ICC, SIAC, AIAC, and HKIAC. These have arisen from private and public M&A, investments, joint ventures, and shareholder disputes, and have involved the energy, financial, life sciences, technology, real estate, automotive, consumer goods, and other sectors. Samantha also has years of experience practising in commercial litigation before the Singapore High Court and Court of Appeal, with a top-tier Singapore disputes practice. She also regularly acts as mediator.