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The Impact of Cross Border Insolvency on Arbitration
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About this Seminar:

The globalised and cross-jurisdictional nature of commercial business means that the effects of insolvencies are often felt across multiple jurisdictions.

Further, the ubiquity of arbitration clauses in commercial contracts means that the likelihood of interaction between the traditionally distinct areas of arbitration and insolvency law, is increasing. For example, what are the effects of a foreign insolvency event on arbitrations seated in Singapore? To what extent can a Singapore insolvency practitioner apply for a stay of proceedings in Singapore in favour arbitration overseas?

The clash of arbitration and insolvency in itself is a complex area, especially so in a cross-border situation. This talk deals with such issues from both a legal and practical perspective. 

Seminar Programme:

4.45 – 5.05pm Registrations and Standing Buffet Reception
5.05 – 5.15pm 

Opening Remarks by Chairperson

Mr. Michael Hwang SC – Michael Hwang Chambers LLC  

5.15 – 6.45pm

The Impact of Cross Border Insolvency on Arbitration

Mr. Andrew Chan – Partner, Allen & Gledhill LLP

Mr. Ashley Bell – Partner, DLA Piper Hong Kong

6.45 – 7.00pm   Q&A Session 

About the Speakers: 

Andrew Chan’s practice encompasses commercial work, and he is a specialist in dispute resolution (especially arbitration), trusts, and insolvency (corporate and personal). In arbitration, he has acted as counsel, been appointed arbitrator and appointed to give expert evidence on Singapore law. He has also given expert evidence for use in various foreign courts. Andrew has been consistently noted as a leading insolvency and restructuring lawyer in The Legal 500 Asia Pacific, Chambers Global and Chambers AsiaPacific, Who’s Who Legal for Insolvency and Restructuring, and IFLR1000. His expertise is also acknowledged in Asialaw Profiles (2016) for litigation and in The Legal 500 Asia Pacific (2016) for international arbitration. 

Andrew is a Fellow of the Singapore Institute of Arbitrators (as well as being on its panel of tutors) and a fellow of the Chartered Institute of Arbitrators. He is on the panels of arbitrators of the Singapore International Arbitration Centre, the Law Society Arbitration Scheme, the Singapore Institute of Arbitrators and the Kuala Lumpur Regional Centre for Arbitration. He is also a Fellow of the Insolvency Practitioners Association of Singapore, the Director of the American Arbitration Association-ICDR Ltd, and the Vice-President of the Turnaround Management Association Singapore and South East Asia Ltd. From 2010 to 2013, he served as Chairman of the Insolvency Practice Committee of The Law Society of Singapore. Andrew is the General Editor of the leading local practitioner’s book entitled Law & Practice of Corporate Insolvency. Andrew has also co-authored two works on personal insolvency: Butterworths Annotations of The Singapore Bankruptcy Act and Law And Practice of Bankruptcy In Singapore and Malaysia. He is also Consultant Editor of Halsbury’s Laws of Singapore volume on Insolvency. On arbitration, he has co-authored the Singapore chapter of the publication Arbitration in Asia. Andrew’s writings have been cited in decisions of the Singapore Court of Appeal, High Court and District Court. In October 2011, Andrew was presented the “Minister for Law Outstanding Volunteer Award”, the highest volunteer award for individuals given by the Ministry of Law Singapore, for providing expertise and helping shape insolvency practice in Singapore. 

Ashley Bell is a Partner in DLA Piper’s Litigation & Regulatory practice group in Hong Kong. Ashley has extensive experience representing multinational corporations, investment banks, financial institutions and private equity investors in a wide range of commercial disputes across Asia, with a particular focus on financial disputes, contentious restructuring matters and the pursuit of insolvency-related investigations and claims by liquidators and creditors.  

Ashley has also represented clients in the construction, manufacturing, telecommunications and financial sectors in arbitration proceedings conducted under the rules of the ICC, SIAC, HKIAC, LCIA, CIETAC and BANI and regularly advises clients on the strategic management of cross-border disputes involving local counsel in multiple jurisdictions.  

About the Chairperson:

Michael Hwang S.C. currently serves as non-resident Chief Justice of the Dubai International Financial Centre Courts. He has two law degrees from Oxford University, where he was a College Scholar. His primary practice is in international dispute resolution as arbitrator and mediator. He is based in Singapore but has door tenancies in London and Sydney. He has served in various capacities, including Judicial Commissioner of the Supreme Court of Singapore; Singapore’s Ambassador to Switzerland; President of the Law Society of Singapore; Adjunct Professor, National University of Singapore; Commissioner of the United Nations Compensation Commission (“UNCC”); Vice-Chairman of the ICC International Court of 

Download Brochure HERE

Location Intellioffices, Level 3, 146 Robinson Road, Singapore 068909

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