Reyes and Lui on The Use of Conciliation and Litigation by the Hong Kong Equal Opportunities Commission (EOC) (new book chapter)

“The Use of Conciliation and Litigation by the Hong Kong Equal Opportunities Commission (EOC)”

Anselmo Reyes and Wilson Lui (BA&LLB 2019)

in Anselmo Reyes and Weixia Gu (eds), Multi-Tier Approaches to the Resolution of International Disputes: A Global and Comparative Study (Cambridge University Press 2021), pp 232–268

Abstract: The Equal Opportunities Commission (EOC), established in 1996, investigates and seeks to resolve disputes arising in connection with Hong Kong’s anti-discrimination ordinances. Its complaint-handling process involves recourse to conciliation, investigation and litigation. The EOC thus provides a hybrid multi-tier dispute resolution service. If conciliation fails, the EOC may investigate and eventually assist a person to pursue in court a complaint which is thought to merit further action. This chapter asks how the EOC can maintain neutrality and confidentiality when discharging its respective functions of conciliator, investigator and litigator in the same matter, without becoming entangled in actual or potential conflicts of interest. It examines how similar institutions in the United States, the United Kingdom and elsewhere have sought (or not) to resolve the tension in their roles when handling discrimination complaints. It then discusses recommendations and their underlying rationale for reconciling the EOC’s seemingly conflicting roles, in order to effectively resolve discrimination complaints and bridge the long-standing gap in public perception.

New Book edited by Anselmo Reyes & Weixia Gu: Multi-Tier Approaches to the Resolution of International Disputes: A Global and Comparative Study (CUP)

Multi-Tier Approaches to the Resolution of International Disputes: 

A Global and Comparative Study
Editors: Anselmo Reyes & Weixia Gu 

Cambridge University Press 

Published in December 2021

Book Description: 

Multi-tier dispute resolution (MDR) entails an early attempt at mediation followed by arbitration or litigation if mediation is unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness as a means of resolving disputes due to its combination of the flexibility and informality of mediation with the rigour and formality of arbitration or litigation. Yet, the question is why, except in China and some Asian jurisdictions, MDR is not resorted to around the world and MDR clauses in commercial contracts remain relatively uncommon. This book responds to that question by (1) surveying global regulatory approaches frameworks for MDR, (2) comparing MDR trends in Asia and the wider world, (3) identifying MDR's strengths and weaknesses, and (4) prescribing ways to address MDR's weaknesses (the enforceability of MDR clauses, the difficulties arising when the same person acts as mediator and decision-maker in the same dispute, and the enforcement of mediated settlement agreements resulting from MDR).
Review: 

'International arbitration is suffering from resurgent costs and delays (or formalization), underpinning the growth of multi-tiered dispute resolution clauses – requiring parties first to attempt mediation. The 2019 Singapore Convention should promote this by facilitating cross-border enforcement of settlements, despite few ratifications so far. But growth also depends on whether and how local legal systems allow enforcement of the mediation or other agreed step before arbitration. This timely and authoritative book examines 11 jurisdictions, mostly in the vibrant Asia-Pacific region, and wider developments across two other regions (OHADA and the EU). Some chapters also discuss Arb-Med, where an arbitration is – still somewhat controversially – combined with active settlement facilitation. The experienced editors assemble an impressive team of 16 other experts, mostly professors but often considerable experience in practice, to offer an invaluable and unique resource for researchers, practitioners and policy-makers.'

Professor Luke Nottage - Professor of Comparative and Transnational Business Law, University of Sydney & Williams Trade Law  

'This book provides a rich and insightful comparative analysis of the treatment of multi-tier dispute resolution clauses, a topic previously under-examined in the literature. These clauses are both practically significant and raise important questions of principle regarding the interaction between different modes of dispute resolution, and this very welcome book will be an invaluable reference point for practitioners and academics alike.'

Professor Alex Mills - Professor of Public and Private International Law, University College London

'Multi-tiered dispute resolution clauses are the new norm: and this is the one book you have to turn to if you want to understand them, and this irrespective of where you practice.'

Professor Franco Ferrari - Director, Center for Transnational Litigation, Arbitration, and Commercial Law, NYU School of Law

‘Anselmo Reyes and Weixia Gu give to us a precious gift on a topic which is becoming more and more common and increasingly challenging. The global perspective of the book with a standing point of observation in Eastern Asia is as unique as it is fascinating. This region has much to teach about its diverse experience of multi-tier dispute resolution. Furthermore, the team of authors gathered by the editors is simply outstanding. They have been capable of combining in their contributions useful data with theoretical thoughts and attractive proposals. Sincerely, none interested in the theory and practice of dispute resolution should ignore this wonderful book!’

Professor Diego P. Fernández Arroyo - Professor of Law at Sciences Po and Secretary-General, International Academy of Comparative Law

‘Multi-tier dispute resolution (MDR) may give rise to profound conceptual and practical challenges. Through offering comprehensive and delicate analysis of the MDR, this book has made an unparalleled contribution to the cross-disciplinary study of dispute resolution, societal legal studies and international law. The insights of Judge Anselmo Reyes, Professor Weixia Gu, and a group of leading scholars and practitioners make this book an indispensable reference and a rich source of inspiration for anyone interested in the cutting-edge topic of MDR.’ 

Professor Manjiao Chi - Professor at University of International Business and Economics and Founding Director, Center for International Economic Law and Policy

New Book by Anselmo Reyes and Wilson Lui: Direct Jurisdiction: Asian Perspectives (Hart Publishing)

Direct Jurisdiction: Asian Perspectives

edited by Anselmo Reyes and Wilson Lui (BA&LLB 2019)
Hart Publishing

Publication Date: August 2021
440 pp

Description: The second thematic volume in the series Studies in Private International Law – Asia looks into direct jurisdiction, that is, the situations in which the courts of 15 key Asian jurisdictions (Mainland China, Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka, and India) are prepared to hear a case involving cross-border elements. For instance, where parties are habitually resident abroad and a dispute has only some, little or no connection with an Asian state, will the courts of that state accept jurisdiction and hear the case and (if so) on what conditions? More specifically, the book's chapters explore the circumstances in which different Asian states assume or decline jurisdiction not just in commercial matters, but also in other types of action (such as family, consumer and employment disputes).

     The Introduction defines terminology and identifies similarities in the approaches to direct jurisdiction taken by the 15 Asian jurisdictions in civil and commercial litigation. Taking its cue from this, the Conclusion assesses whether there should be a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. The Conclusion also discusses possible trajectories that Asian jurisdictions may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The book suggests that enacting suitable rules of direct jurisdiction requires an Asian jurisidction to strike a delicate balance between affording certainty and protecting its nationals. At heart, direct jurisdiction involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them.

Advances in Comparative and Transnational ADR: Research into Practice Conference (8-9 March 2019, HKU)

"Advances in Comparative and Transnational ADR: Research into Practice"

8, 9 March 2019; 11th Floor Cheng Yu Tung Tower, Faculty of Law, University of Hong Kong, Hong Kong SAR

Speaker's Bio

Preliminary Program

Friday March 8th
08:40	Registration
09:00	Welcome: Dean Michael Hor, University of Hong Kong, Faculty of Law Opening remarks: Shahla Ali, University of Hong Kong
09:15 – 10:15	Session 1 – Methodological Considerations in Comparative and Transnational ADR Chair: Zhao Yun Discussant: Lola Akin Ojelabi ·Matthew Erie, “The Third Eye: The Problem of Method in the Study of Transnational Dispute Resolution” ·Michael Palmer, “Modes of Dispute Response: Reconnecting the Range” ·Shahla Ali, “Advancing Research and Practice in Dispute Resolution Institutions through Inclusive Devolved Reflection”
10:15 – 10:35	Morning Break
10:35 – 12:10	Session 2 – Comparative ADR Ethics, Standards and Jurisprudential Ideals Chair: Keith Hawkins Discussant: Kerstin Bree Carlson ·Deborah Hensler, “Re-Inventing Arbitration: How Expanding the Scope of Arbitration is Re-Shaping its Form and Blurring the Line Between Private and Public Adjudication” ·Michal Alberstein, “Between Summary Trials and ADR” ·Lola Akin Ojelabi, “The Challenges of Developing Global Ethical Standards for ADR Practice” ·Zachary R. Calo, “Legal Ethics and Transnational Dispute Resolution” ·Dorcas Quek, “A New Chapter in the Cross-Border Enforcement of Mediated Settlement Agreements: The Elevated Role of Mediation Standards in Procedural and Substantive Justice”
12:10 - 13:20	Lunch for Speakers/Chairs
13:20 – 14:20	Session 3 – Comparative Approaches in Conciliation and Arbitration Chair: Tania Sourdin Discussant: Luigi Cominelli ·Anselmo Reyes, “The Use of Conciliation and Litigation by the Hong Kong Equal Opportunities Commission” ·Manuel Gomez, “Talk to Me: The Upsurge of International Arbitration-Related Conferences and their Impact on Academia, the Industry and the Legal Profession” ·Gu Weixia, “Arbitration in Comparative Perspectives”
14:20 – 15:35	Session 4 – Comparative ADR in Peace building, Health Care and Disasters Chair: Eric Feldman Discussant: Matthew Erie ·Kerstin Bree Carlson, “Peace Through Law: A Hybrid Tribunal for Divided South Sudan” ·Eric Feldman, “Recent Developments in Victim Compensation for the Fukushima Disaster” [TBC] ·Nadav Davidovitch, “Dealing with Conflicts in Health Care Systems: Form Clinical Medicine to Public Health Settings” ·Martin Lau, “TBC: ADR in Pakistan”
15:35 - 16:00	Break
16:00 – 17:50	Session 5 – ADR Developments and Reform in Mainland China Chair: Michael Palmer Discussant: Sida Liu ·He Xin, “Flexibility and Authority: Resolving Labor Disputes in a County Government in Western China” ·Kwai Ng, “Wearing Two Hats – Problems of Judicial Mediation as Seen from China” ·Chao Xi, “Negotiations in the Shadow of Shareholder Activism” ·Sida Liu, “The Spaces of Global China: Hong Kong as a Frontier for Chinese Law Firms” ·Ling Zhou, “Forum Shopping in a World of Mixed Processes: China’s Professional Litigants” ·Yang Lin, “New Developments in Online Dispute Resolution in China”
17:50	Closing remarks
18:30	Dinner hosted by HKU (by invitation only)

Saturday March 9th
09:30 – 11:20	Session 6 – Mediation Developments in the Context of Civil Justice Reforms Chair: Mark Feldman ·Tania Sourdin, “When is the Best time to Mediate? Considering Early Mediation” ·Luigi Cominelli, “Mediation Models and the Impact of the 52/2008 Directive on Civil and Commercial Mediation in Europe” ·Pablo Cortes, “Imbedding Mediation in the Civil Justice System” ·Nadja Alexander, “International Comparison of Regulatory Systems for Mediation” ·Francis Law, “TBC”
11:20 - 11:50	Break
11:50 - 12:00	Closing remarks and next steps
12:00	Lunch hosted by HKU (by invitation only)

Conference Theme:

The focus of the forum is on exploring the challenges and opportunities in understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research. Papers may cover topics such as practical considerations in conducting comparative work in the field of transnational and comparative dispute resolution, insights from recent studies, and consideration of how research may inform policy reform in ADR institutions regionally and transnationally. We hope the forum will facilitate research collaboration that will also translate into positive policy applications and directions for future study.

*Transnational Dispute Management (TDM, ISSN 1875-4120) is a comprehensive and innovative information service on the management of international disputes, with a focus on the rapidly evolving area of investment arbitration, but also in other significant areas of international investment (such as oil, gas, energy, infrastructure, mining, utilities etc).

It deals both with formal adjudicatory procedures (mainly investment and commercial arbitration), but also mediation/ADR methods, negotiation and managerial ways to manage transnational disputes efficiently. See www.transnational-dispute-management.com for more information. You can apply for a free OGEMID trial membership and students can sign up for Young-OGEMID (which is free)

Registration

Please register through the following link: https://goo.gl/Beo8bZ

Media Partner

New Issue: SSRN Legal Studies Research Paper Series (HKU)

UNIVERSITY OF HONG KONG FACULTY OF LAW LEGAL STUDIES RESEARCH PAPER SERIES

Vol. 8, No. 8: July 19, 2018

DOUGLAS W. ARNER, EDITOR

SIMON N. M. YOUNG, EDITOR

1.      Introduction: Towards a Model of Arbitration Reform in the Asia Pacific

       Anselmo Reyes, Court of First Instance (Hong Kong) 

       Weixia Gu, University of Hong Kong - Faculty of Law

2.   Transparency As an Offence: Rights Lawyering for Open Government Information in China 

       Han Zhu, Centre for Chinese Law, The University of Hong Kong Faculty of Law

       Fu Hualing, The University of Hong Kong - Faculty of Law

3. Introduction to the Hong Kong Basic Law (2nd Edition) 

      Danny Gittings, University of Hong Kong, College of Humanities and Law, School of 

      Professional and Continuing Education, The University of Hong Kong, Faculty of Law

HKU Law Students Excel in Mooting Competitions (Maritime Law and Competition Law)

L-R: A Fung, J Ma, K Lee, F Chan,
R Cheung

The 19th International Maritime Law Arbitration Moot 

Competing against 29 universities from 14 overseas jurisdictions, the HKU Maritime Law Moot Team was awarded the 1st Runner-Up of the Oral Hearings held in Brisbane, Australia from 29 June to 3 July 2018. The 2018 Maritime Law Moot Team consisted of Alex Fung (PCLL), Justin Ma (PCLL), Ferrida Chan (BBA-Law) and Ryan Cheung (LLB), coached by Mr. Ken Lee. 

L-R: K Lee, R Cheung, A Fung, J Ma,
F Chan

    During the group stages, the Team came in 6th overall and later defeated both the National University of Singapore and University of Malaya to advance into the grand finals held in the Federal Court of Australia in Brisbane. Our heartfelt thanks go to Professor Anselmo Reyes, Dr Felix Chan, Mr. Winky So and the previous award-winning team for their comments in various practice sessions; and Mr. Ken Lee, our team coach, for his unwavering support throughout the year. 

HKU Competition Law Team Captured Best Written Pleadings Award 

The HKU Competition Law Team won the Best Written Pleadings Award for the written round on route to the semi-finals of the annual Herbert Smith Freehills Competition Law Moot from 15 to 16 June 2018. Guided by Mr. Thomas Cheng and Mr. Kelvin Kwok, the 2018 Competition Law Moot Team comprised of 4 PCLL students –Yuet Yi Cheng, Law Wai Tsun Hazel, Ng Chun Wai Jonathan and Karen Tsang Nga Yue. The Team advanced to the oral rounds hosted by King’s College London based on the strength of its written memorandum. 

L-R: J Ng, H Law, T Cheng, YY Chen,
K Tsang

     After winning all its moots in the preliminary stage with Wai Tsun Hazel capturing an oralist award, the Team subsequently lost in the semi-finals to KCL which was ultimately the winner of this year’s competition. The Faculty is grateful for the valuable support from team coaches Thomas Cheng and Kelvin Kwok and various practitioners and ex-mooters including Mr. Sunny Chan, Ms. Tiffany Chan, Ms. Jasmine Cheung, Mr. Tommy Cheung, Mr. Byron Chiu, Mr. Joshua Kanjanapas, Mr. Kevin Lau, Mr. Joe Lee, Ms. Rosa Lee, Ms. Allison Wong, and Ms. Stephanie Wong for their kind assistance. 

Anselmo Reyes on Foreign Direct Investment in the Philippines and the Pitfalls of Economic Nationalism (new book chapter)

"FDI in the Philippines and the Pitfalls of Economic Nationalism"
Anselmo Reyes
in Julien Chaisse and Luke Nottage (eds), International Investment Treaties and Arbitration Across Asia (Brill, 2018), pp. 243-279

Abstract: Recent trends in Philippine growth and FDI reveal only modest achievements, when compared with other ASEAN countries, and little impact on income inequality.  These outcomes are attributed to the policy of economic nationalism in the Philippines' constitutional and legislative framework for FDI, whereby government reserves 'strategic' fields to Filipinos, while foreigners face hurdles in making investments.  The account doubts whether foreign nationals can safeguard investments by recourse to Philippine BITS as those reinforce economic nationalism by requiring FDI to comply with Philippine law.  Poulsen's observation that developing countries entered into BITS oblivious of the risks does not seem applicable to the Philippines, which has deftly used BITS to advance economic nationalism.  Litigation before domestic courts is not an alternative for protecting investor rights, but international commercial arbitration may become so in due course.  The account concludes with proposals for future policy.

Anselmo Reyes and Weixia Gu, Towards a Model of Arbitration Reform in the Asia Pacific (new book chapter)

"Introduction: Towards a Model of Arbitration Reform in the Asia Pacific"

Anselmo Reyes and Weixia Gu

in Anselmo Reyes and Weixia Gu (eds), The Developing World of Arbitration - A Comparative Study of Arbitration Reform in the Asia Pacific (Hart Publishing, January 2018), pp. 1-16.

Since the turn of the twentieth century, international commercial arbitration has flourished and prospered across the Asia Pacific. The development of international arbitration as a mechanism for commercial dispute resolution has not only mirrored, but also responded to, the commercial needs of continuing economic development within Asia Pacific jurisdictions. 

     Attracting foreign investment and boosting commercial confidence, whether in the short or long term, will typically necessitate the institution of efficient and effective dispute resolution mechanisms to handle the differences that inevitably arise as a matter of cross-border business. Given that outside investors may be wary of the impartiality of domestic courts in resolving cross-border commercial disputes, it is natural that arbitration has found itself uniquely situated in Asia Pacific jurisdictions as a preferred mode of dispute resolution, as well as a magnet for foreign investment within a given state. 

     The steady growth of international commercial arbitration in Asia is reflected by the numbers. Since 2008, the total number of arbitrations handled by key international arbitration institutions in the Asia Pacific has continuously exceeded the number of cases handled by similar institutions in the West. The establishment of key institutions from the Korean Commercial Arbitration Board in Northeast Asia, to the Singapore International Arbitration Centre and the Kuala Lumpur Regional Centre for Arbitration in Southeast Asia, and to the Australian Centre for International Commercial Arbitration in the Pacific, coupled with the ongoing consolidation of the China International Economic and Trade Arbitration Commission in China, has raised the presence and standing of international commercial arbitration as a form of dispute resolution in the Asia Pacific. 

     Each jurisdiction, however, has a different story to tell in terms of the trajectory of its respective arbitration reform efforts. While some jurisdictions have attained global renown in their efforts, others have trodden different paths with only modest or even minimal success...

Anselmo Reyes and Weixia Gu on an Asia Pacific Model of Arbitration Reform (new book chapter)

"Conclusion: An Asia Pacific Model of Arbitration Reform"

Anselmo Reyes and Weixia Gu

in Anselmo Reyes and Weixia Gu (eds), The Developing World of Arbitration - A Comparative Study of Arbitration Reform in the Asia Pacific (Hart Publishing, January 2018), pp. 279-300.

The Introduction chapter to this book promised three deliverables. The first, a summary of arbitration reform in 12 Asia Pacific states, has been provided in the preceding 12 chapters. The function of this Conclusion is to make good on the remaining two promises. 

     The initial part of this Conclusion will pull together various strands in those previous chapters to evaluate the model for arbitration reform in the Asia Pacific posited in section 3 of the Introduction. The second part will deal with the three sets of questions (looking to the past, present and future) posed in the same section of the Introduction. The final part will make good on the promise of a third deliverable by forecasting likely future arbitration reform initiatives in the Asia Pacific...

New Book by Anselmo Reyes and Weixia Gu: The Developing World of Arbitration - A Comparative Study of Arbitration Reform in the Asia Pacific (Hart)

The Developing World of Arbitration - A Comparative Study of Arbitration Reform in the Asia Pacific
Editors: Anselmo Reyes and Weixia Gu
Hart Publishing
January 2018, 356 pages

Description:  The Developing World of Arbitration studies the recent emergence of Asia Pacific jurisdictions as regional or international arbitration centres, thanks to various reform efforts and initiatives. This book provides an up-to-date and comprehensive analysis of the ways in which arbitration law and practice have recently been reformed in Asia Pacific jurisdictions. Leading contributors across the Asia Pacific region analyse twelve major jurisdictions representing varying patterns and degrees of development, whether driven from top down, bottom up, or by some hybrid impetus. Setting the arbitration systems and reforms of each investigated jurisdiction in the context of its economic, political, and judicial dynamics, this book presents, for the first-time, a cross-jurisdiction comparative and contextual study of the developing world of arbitration in the Asia Pacific and contributes to comparative international arbitration literature from an Eastern perspective. It also aims to identify an Asia Pacific model of arbitration modernisation, one that may be distinct from a Western model, and predicts future trajectories of development and challenge in light of the ever increasing competition between Eastern- and Western-based arbitration centres. This edited collection will be an invaluable addition to the libraries of academics and practitioners in the field of international commercial arbitration.
     The book was favourably reviewed by Ms Debby Lim of Shook Lin & Bok LLP in the Singapore Gazette in September 2018.  Click here to read the review.

New Book by Anselmo Reyes: The Practice of International Commercial Arbitration (Routledge)

"The Practice of International Commercial Arbitration : A Handbook for Hong Kong Arbitrators"

Anselmo Reyes

Routledge

October 2017, 211 pp.

Description: Focusing on practical principles or guidelines for arbitrators, this book covers everything a prospective international commercial arbitrator should know about conducting an arbitration in Hong Kong. Specifically geared to those interested in or starting work as an international commercial arbitrator in Hong Kong, the book takes readers step-by-step through the problems that are likely to arise in the conduct of a commercial arbitration and in the development of their careers as international commercial arbitrators.

CCPL's Judicial Studies Programme Featured in HKU Bulletin (March 2017)

Professor Anselmo Reyes served as a High Court judge for nine years before joining HKU in 2012, after 14 years as a barrister. He is also a sitting judge of the Singapore International Commercial Court. These experiences have all given him an empathy for the challenges facing judges today – and a concern for where judiciaries, especially in Asia, are heading.

     “The demands on today’s judiciaries are such that one cannot expect judges, even those who had extensive legal practice before being appointed judges, to be able to deal with the whole range of cases that are likely to come before the courts,” he said.

     “Even in civil law jurisdictions, where judges receive training as they advance up the judicial ladder, judges will handle increasingly complicated cases and will likely handle cases with an international or global element. Where is the guarantee that a judge has the experience and capacity to decide such cases with sensitivity and perception? It is not a good idea for judges to learn new law at the expense of litigants.”

     That insight inspired the Faculty of Law to found the Judicial Studies Programme (JSP) in 2013. The JSP aims to help build capacity among judges in Asia and elsewhere to deal with the complexities of contemporary life, and to provide workshops and public talks on matters pertaining to the judiciary and what judges do... Click here to read the full article.

Anselmo Reyes on Cross-Border Insolvency and Shipping Companies (LMCLQ)

"Cross-border insolvency and shipping companies"
Anselmo Reyes
Lloyd’s Maritime and Commercial Law Quarterly

2016, pp 517-528

Abstract: This article examines the Hong Kong Court of Appeal’s decision in The Convenience Container, where the court refused to set aside in rem writs even though the shipowner company was in liquidation in a foreign jurisdiction. In view of the principle of “modified universalism”, recently endorsed by the English Supreme Court and approved by the Hong Kong Court, the author doubts the correctness of the reasoning in the case and argues that, upon liquidation, the shipowner company ceased to be the beneficial owner of the relevant vessels. Hence, the plaintiffs should not have been allowed to jump the queue of the shipowner’s unsecured creditors by bringing statutory in rem proceedings against the vessel. 

Singapore International Commercial Court Issues First Judgment (ALB)

"SICC issues its first judgment on $800 mln dispute"
Ashima Ohri
Asian Legal Business
25 May 2016

The Singapore International Commercial Court (SICC) has issued its first written judgment on an $800 million dispute concerning parties from Indonesia and Australia, involving various claims related to the breaches of a joint venture agreement. 

     The three-judge panel comprising of presiding judge Quentin Loh from Singapore, and international judges Sir Vivian Ramsey from the UK and Anselmo Reyes from Hong Kong, ruled in the favour of the defendants, PT Bayan Resources and Bayan International. The full judgment can be found here... Click here to read the full article.

Anselmo Reyes and Felix Chan Present at the Third Anglo-Chinese Maritime Law & Practice Conference

Prof Reyes and Dr Chan

The Third Anglo-Chinese Maritime Law & Practice in Transition Conference was held across two days on the 20th and 21st, April 2016 in Southampton University and the UK Supreme Court, London. 

     Professor Anselmo Reyes presented a paper entitled “Cross-border Insolvency in Shipping”, while Dr. Felix Chan spoke on “Anti-suit Injunctions: A Comparative Analysis”.

     Eminent speakers and panel chairs included Sir Bernard Eder (former High Court Judge of England and Wales), Mr. Peter MacDonald Eggers QC (7 King’s Bench Walk), Mr. Michael Davey QC (Quadrant Chambers) and Mr. Richard Lord QC (Brick Court Chambers). Topics examined by the speakers included private international law, carriage of goods, marine insurance, shipping guarantees and cross-border claims.

Singapore International Commercial Court's First Case

Professor of Legal Practice, Justice Anselmo Reyes, is hearing the first case in the Singapore International Commercial Court along with international judge Vivian Ramsey from England and Justice Quentin Loh, presiding. The Straits Times reports that in this case "BCBC Singapore, a wholly owned subsidiary of Australian company Binderless Coal Briquetting Company, is seeking damages from Indonesian company Bayan Resources TBK", arising from "alleged breaches of a joint-venture pact for the application of a patented technology to produce and sell upgraded coal from East Kalimantan in Indonesian Borneo".  Click here to read the full news report from the Straits Times.

Reyes Appointed International Judge in Singapore

Congratulations to Anselmo Reyes, Professor of Legal Practice in our Law Faculty, on his appointment as an International Judge of the Singapore International Commercial Court (SICC).  Professor Reyes, a former Judge of the Hong Kong High Court, was appointed for a three year term beginning 5 January 2015, the day the SICC was officially opened at the commencement of Singapore's legal year.  According to Ian Roberts and Nicholas Sykes (Clyde & Co),   the SICC is a division of the Singapore High Court and "will hear cases which are both international and commercial in nature".  They note that the "establishment of the SICC compliments Singapore's pre-existing ADR institutions (the Singapore International Mediation Centre (opened in November 2014) and the Singapore International Arbitration Centre). Singapore now provides a full suite of dispute resolution options for commercial parties, not just in Asia, but worldwide".  Professor Reyes joins 10 other distinguished international jurists from Australia, Austria, France, Japan, the United Kingdom and the United States.  Assistant Professors Alvin See and Yip Man (Singapore Management University) describe the SICC's objective as "ambitious and visionary"; it is to "determine cross-border commercial disputes that may be governed by foreign law, including disputes that may not otherwise be heard by the Singapore Courts."  The International Judges are appointed "pursuant to the newly amended Article 95 of the Constitution of the Republic of Singapore".

Reyes on Cambodia's New National Commercial Arbitration Centre

"New Arbitration Center President Calls for Court System's Support"

The Cambodia Daily

By Kang Sothear

15 November 2014

The newly established National Commercial Arbitration Center (NCAC) may have been set up to al­low businesses to settle disputes outside the court system, but it still needs support from judges and court officials to do its work effectively, its president said on Friday.  “Arbitration needs support from the judicial system. For ex­ample, an arbitrator issues a decision, but the decision cannot be im­ple­ment­ed directly by the arbitrator until it passes through courts first [in order] to be recognized,” said Ruos Monin, the president of the NCAC. “So, if the court does not recognize the decision, it’s meaningless.”... Anselmo Reyes, a professional ar­bitrator working in Hong Kong, suggested that all arbitration cases should be dealt with by one or two experienced judges who could co­operate with the NCAC...  Click here to read the full article.

New Issue of Hong Kong Law Journal

Hong Kong Law Journal, vol. 44, pt 2 of 2014

Click here for abstracts.

Analysis
Overcoming Obstacles to the Reform of Child Custody Laws: Integrating the Conceptual and the Practical Anne Scully-Hill	371
Family Arrangements, Constructive Trusts and the Home Ownership Scheme Malcolm Merry	391
Lecture
The Level Playing Field: Human Rights and Modern Legal Culture Lawrence M Friedman	403
The Future of the Judiciary: Reflections on Present Challenges to the Administration of Justice in Hong Kong Anselmo Reyes	429
From Rationality to Proportionality in the Modern Law Lord Carnwath CVO	447
Articles
A Typography of Constitutional Arguments in Hong Kong Po Jen Yap	459
Charging Excessively for Data Access Requests in Hong Kong Churk Shue Sing	483
When “Sorry” is the Hardest Word to Say, How Might Apology Legislation Assist? Robyn Carroll	491
Time to Allow Non-Charitable Purpose Trusts in Hong Kong? A case of uncommon choice (of law)? Matteo Ho	519
Unjust Enrichment, Leapfrogging and a Defence of Entitlement Nathan Tamblyn	551
Recognition and Enforcement of Foreign Arbitral Awards in Macau Fernando Dias Simões	563
China Law
Interpretation of Tax Laws in China: Moving Towards the Rule of Law? Dongmei Qiu	589
Derivative Actions in China: Case Analysis Shaowei Lin	621
Popularised Judiciary in Rural China: Paternalistic Approaches and Enchanted Legal Consciousness Feng Yuqing and Cao Qing	651
Book Reviews
Children and International Human Rights Law: The Right of the Child to Be Heard, Aisling Parkes Anne Scully-Hill