About this Seminar:

The talk will cover 3 broad topics:

1. A discussion of developments in the recognition and enforcement of foreign judgments in common law and civil law jurisdictions.  This part will explore the extent to which, regardless of the existence of bilateral or multi-lateral treaties, the judgments of state X in a commercial dispute may be enforced in state Y.

2. A discussion of the 2016 Preliminary Draft Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters being worked on by a Special Commission of The Hague Conference. The Special Commission will be meeting again in The Hague from 16 to 24 February 2017.  This part will provide an update on the matters that the Special Commission has been (and will) be considering.

3.A discussion of aspects of the 2005 Hague Choice of Court Convention (which came into force on 1 October 2015).  Matters to be covered will include:

• What (if any) relationship will there be between the 2005 Convention and the Convention being drafted by the Special Commission?
• How (if at all) does the 2005 Convention deal with the default judgments of a designated court?
• What happens under the 2005 Convention when 2 nationals of state X designate the court of state Y to deal with a commercial dispute that has no connection with state Y (apart from the choice of court agreement)?
• How (if at all) does the 2005 Convention deal with non-exclusive jurisdiction clauses (including asymmetrical jurisdiction clauses)?
• To what extent (if at all) might questions of issue estoppel analogous to those that have recently surfaced in relation to the recognition and enforcement of arbitral awards, also arise under the 2005 Convention?

Seminar Programme:

About the Speaker:

Anselmo  Reyes SC has been Professor of Legal Practice at Hong Kong University since October 2012. Before that, he was a judge of Hong Kong High Court from 2003-12, when he was in charge of Construction and Arbitration List (2004-8) and the Commercial and Admiralty Lists (2008-12).He was called to the Hong Kong Bar in 1986, taking silk in 2001.  In April 2013, he became Representative of the Asia-Pacific Regional Office of The Hague Conference on Private International Law.  He became an International Judge of the Singapore International Commercial Court in January 2015 and an Overseas Bencher of the Inner Temple in October 2015.

About the Chairperson:

Leng Sun is Baker & McKenzie’s Global Head of International Arbitration. He is qualified in Malaysia, Singapore and England. Leng Sun was appointed Senior Counsel in January 2011. Apart from being counsel, Leng Sun is a Chartered Arbitrator and is also on the panel of leading arbitral institutions. Leng Sun is President of the Singapore Institute of Arbitrators (SIArb). He is a member of the Committee on the Singapore International Commercial Court. Leng Sun was a legal officer of the United Nations Compensation Commission in Geneva and a SIAC-CIAC Observer to the UNCITRAL Working Group on Arbitration. He is the author of the book Singapore Law on Arbitral Awards and Co-Editor of Conflict of Laws in Arbitration.

Download brochure HERE.

NOTE: SIArb has reduced its registration fees for this seminar!