Ciarb (East Asia Branch) reposted this
Ciarb (East Asia Branch) members are invited to join us for an evening talk about the possible impact in Hong Kong of the English Court of Appeal’s decision in 𝘊𝘩𝘶𝘳𝘤𝘩𝘪𝘭𝘭 𝘷. 𝘔𝘦𝘳𝘵𝘩𝘺𝘳 𝘛𝘺𝘥𝘧𝘪𝘭 𝘊𝘰𝘶𝘯𝘵𝘺 𝘉𝘰𝘳𝘰𝘶𝘨𝘩 𝘊𝘰𝘶𝘯𝘤𝘪𝘭 [2023] 𝘌𝘞𝘊𝘈 𝘊𝘪𝘷 456 by our guest speaker Robert Morgan. The landmark decision in Churchill has overturned the long-standing position adopted by that court in 𝘏𝘢𝘭𝘴𝘦𝘺 𝘷 𝘔𝘪𝘭𝘵𝘰𝘯 𝘒𝘦𝘺𝘯𝘦𝘴 𝘎𝘦𝘯𝘦𝘳𝘢𝘭 𝘕𝘏𝘚 𝘛𝘳𝘶𝘴𝘵 [2004] 𝘌𝘞𝘊𝘈 𝘊𝘪𝘷 576 that English courts cannot compel but can only encourage parties to litigation to engage in mediation. A consultation process aimed at bringing the English Civil Procedure Rules (CPR) into line with the Court’s decision could result in exponentially wider application of court-adjunct mediation. Notwithstanding differences between the CPR and Hong Kong’s Rules of the High Court (Cap 4A) as amended by the Civil Justice Reform in 2009. It is possible that a similar approach to court-adjunct mediation could eventually be adopted in Hong Kong, where the Halsey guidelines have hitherto also been applied. 📆 When: 26 September 2024 from 6:30 pm. Refreshments will be served from 6:00 pm onwards. 🏢 Where: The Hong Kong International Arbitration Centre, 38th Floor Two Exchange Square, 8 Connaught Place, Central ✒️ Register: Free for all Ciarb (East Asia Branch) members with limited availability. Click here to register: https://lnkd.in/geBp9TcH 𝑭𝒐𝒓 𝒎𝒐𝒓𝒆 𝒊𝒏𝒇𝒐𝒓𝒎𝒂𝒕𝒊𝒐𝒏 𝒐𝒏 𝑪𝒊𝒂𝒓𝒃'𝒔 𝒎𝒆𝒎𝒃𝒆𝒓𝒔𝒉𝒊𝒑 𝒂𝒏𝒅 𝒉𝒐𝒘 𝒕𝒐 𝒋𝒐𝒊𝒏 𝒐𝒖𝒓 𝒈𝒍𝒐𝒃𝒂𝒍 𝒏𝒆𝒕𝒘𝒐𝒓𝒌, 𝒑𝒍𝒆𝒂𝒔𝒆 𝒄𝒍𝒊𝒄𝒌 𝒉𝒆𝒓𝒆: https://lnkd.in/gnXt-tzd Donovan Ferguson Gina Leung Ir. Dr. Lawrence LEE Lawrence Tam Glenn Haley Paul Barrett John C. Caroline Thomas FCIArb Karen Mills Jerry Zhang Micky Yip Jennifer Wu Felda Yeung David Luk Dr. David Fong Ir Albert YEU FICE FCIArb FHKICAdj MRICS Nicholas Turner Mingchao Fan Chartered Institute of Arbitrators (CIArb) #arbitraton #mediation #adr #ciarb
