On Thursday 28 March at 4pm HKT took place an in-depth 90mn discussion of the Hong Kong Court of Final Appeal: C v D [2023] HKCFA 16, in our ‘A Case in Time’ Journal series.

The speakers for this episode included Olga Boltenko (Boltenko Arbiters), Simon Chapman (Herbert Smith Freehills), Queenie Lau (Temple Chambers) and Rimsky Yuen SC (Temple Chambers) with Jonathan Lim (WilmerHale) moderating (short bios of the speakers below).

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 a dispute resolution practitioner with over a decade of experience in cross-border dispute resolution and international arbitration. Most recently with Fangda Partners in Hong Kong, Ms. Boltenko has also practised with leading arbitration teams in Paris and Singapore.

With a particular focus on public international law, investor-State dispute resolution, and commercial arbitration, Ms Boltenko 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 in various capacities 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, where she is a deputy executive director. 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 a proud founding member of the Paris Arbitration Centre. She is also one of the longest-serving editors for the Investor-State Law Guide, where she contributes to the ongoing review and population of one of the leading investor-State databases.

Ms. Boltenko has been consistently recognized in legal rankings, including by Who’s Who Legal, where she has been ranked over the years as a National Leader for Hong Kong and a Thought Leader Global Elite – Under 45. She is described as a “highly motivated and hard-working practitioner who stands out as an excellent choice for investor-state disputes”.

Simon Chapman is the Regional Head of Dispute Resolution in Asia and an international arbitration specialist focusing on cross-border disputes.

Simon leads the firm’s market-leading disputes practice in Asia and focuses on international arbitration and arbitration-related litigation. A specialist advocate, he appears regularly as lead counsel before courts and tribunals in the world’s foremost arbitration centres. 

His practice covers investment treaty and commercial arbitration under all of the major arbitral rules, with particular expertise in complex claims in fraud and breach of warranty, as well as post-M&A, joint venture and shareholder disputes. 

Simon has acted for governments, state-owned entities, sovereign wealth funds and corporations across a range of industries, including in the energy, private equity, cryptocurrency, finance, hospitality and TMT sectors. 

An expert in set-aside proceedings, Simon has appeared in some of the largest cases before the Hong Kong courts concerning challenges to arbitral awards and has advised on related proceedings before the courts in Singapore and England & Wales. He is regularly instructed to obtain urgent, interim measures from courts and emergency arbitrators, including anti-suit relief to restrain litigation proceedings in favour of arbitration. 

In addition to his work as counsel, Simon sits regularly as arbitrator, including as presiding arbitrator, co-arbitrator and sole arbitrator across a range of institutional and ad hoc cases. He has been a member of the ICC Court of Arbitration since 2021 and is ranked in the top tier in all of the major directories. Simon was named International Lawyer of the Year by Benchmark Litigation in 2021.

Queenie Lau is described by Chambers and Partners 2023 as “an excellent advocate” and “an outstanding junior counsel. She is probably the best in her rank. She is always hard-working and responsive. She is versatile and has solid knowledge in various areas of law.” Legal 500 2024 also describes Queenie as “a first-class advocate”, and “her advice is practical and incisive and she is a pleasure to deal with”. Queenie has been recommended by Chambers and Partners as a leading Hong Kong junior for commercial disputes, by Legal 500 as a leading junior for commercial disputes and also employment cases, by Who’s Who Legal (Mainland China & HKSAR – Arbitration) as a Thought Leader and by Doyle’s in the area of employment.

Queenie has a broad, predominantly civil, practice which includes commercial law, securities and regulatory matters, banking, company law, land law, conveyancing, building management, professional negligence, employment law, family law, defamation, probate and commercial fraud. She has been instructed by a media conglomerate to advise and act for it in a range of cases, acts for the Securities and Futures Commission as well as parties under investigation, and also acts both for and against banks. She has substantial trial and appellate experience both as an advocate in her own right and as junior counsel.

Queenie is also regularly involved in arbitration and mediation, and has experience conducting both arbitrations and mediations in Putonghua. Who’s Who Legal (Mainland China & Hong Kong SAR – Arbitration) has reported that Queenie “gains impressive endorsements for her arbitration practice, with peers highlighting her ‘strong legal skills and wide range of experience’”. Who’s Who Legal (Mainland China & Hong Kong SAR – Mediation) also recommends Queenie as a mediator.

Jonathan Lim is Partner at WilmerHale in London. He has represented governments and private corporations in commercial and investment arbitrations under all major arbitration rules sited across Africa, Asia, Europe and South America. He has also advised governments in Africa and Asia on a range of public international law issues and the drafting of arbitration legislation. In addition to his practice as counsel, Jonathan has a developing practice as an arbitrator, with appointments as sole and party-appointed arbitrator in proceedings seated in Europe and Asia. Jonathan also co-teaches a course on international arbitration at the National University of Singapore each January. He is listed in Who’s Who Legal as a Future Leader in International Arbitration as one of ten “most highly regarded” individuals in Europe, the Middle East, and Africa. He has been described in directories by clients and peers as “a very smart all-round lawyer with a strong work ethic,” “extremely capable and hardworking,” and “a sure bet as a future global leader.” He is also a Regional Editor of the Delos Guide to Arbitration Places (GAP)

Rimsky Yuen prior to 1 July 2012, Rimsky Yuen SC’s practice was primarily commercial in nature with experience in various areas of commercial and related civil matters. The key areas of his practice included advisory and court works relating to contract disputes, shareholders and partners disputes, corporate and personal insolvency, banking, insurance and international trade. Apart from acting as advocate in court or arbitral proceedings, Rimsky Yuen SC also from time to time acted as arbitrator in international arbitration and as mediator in commercial and other civil disputes.

During the period from 1 July 2012 to 5 January 2018, Rimsky Yuen SC occupied the position as Secretary for Justice of the Government of the Hong Kong Special Administrative Region (“HKSAR”). In his capacity as Secretary for Justice, he acted as the chief legal adviser to the HKSAR Government overseeing five key areas of legal works: (1) civil disputes involving the HKSAR Government; (2) criminal prosecutions; (3) international law; (4) drafting of government legislation; and (5) legal policy matters (including the promotion of arbitration and mediation) as well as law reform. Major matters that he handled during this period included public law cases (such as judicial review applications involving constitutional, human rights and planning issues), commercial disputes involving the Government, regulatory matters relating to statutory bodies, international law matters (such as investment treaties, surrender of fugitives and assets recovery), as well as arbitration and mediation involving the Government.

After his resignation as Secretary for Justice on 5 January 2018, Rimsky Yuen SC resumed private practice in April 2018 at Temple Chambers as barrister, arbitrator and mediator specializing in commercial disputes. Since then, he has been appointed as arbitrator in various international arbitrations (both Hong Kong and overseas) and has also been retained as advising counsel or advocate in various commercial disputes.