Organised by: Dispute Resolution & Arbitration Committee, Cross-Border Investment Committee
Session abstract:
This joint session of the CBIC and DRAC will analyze and discuss the most common issues in Sino-foreign M&As (and JVs), ways to avoid disputes at the negotiation and contract drafting stage, the remedies available and also discuss the options to resolve related disputes in litigation/arbitration.”
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Robert Rhoda
Robert is a partner in Dentons Hong Kong LLP’s Litigation & Dispute Resolution Group.
He specialises in international arbitration and cross border litigation, as well as various forms of alternative dispute resolution, with particular experience in the financial services, technology and energy sectors.
Robert has been based in Hong Kong for 13 years and has been involved in a wide range of corporate and commercial disputes, including contractual disputes, shareholder and joint venture disputes, private equity disputes and fraud.
As well as acting as counsel, Robert also sits as arbitrator and is a member of the Hong Kong International Arbitration Centre (HKIAC) List of Arbitrators.
Robert is ranked as a leading individual for Dispute Resolution: Arbitration in Chambers Asia Pacific and as a Recommended Lawyer for both Arbitration and Litigation by Legal 500 Hong Kong.
Robert is Co-Chair of the Inter Pacific Bar Association (IPBA) Dispute Resolution & Arbitration Committee.
André Brunschweiler
André Brunschweiler is a Partner with the Swiss law firm LALIVE with offices in Zurich, Geneva and London and a member of LALIVE’s dispute resolution team. In 2013/14 he was seconded to a leading Chinese law firm in Beijing, where he primarily worked on cross-border corporate and M&A matters. With this corporate background, André now focuses on commercial and corporate litigation and dispute related advice and management with a focus on shareholders’ and corporate disputes, banking litigation and asset recovery.
Speakers
Omar Puertas
Mr. Puertas is the managing partner of the Cuatrecasas Shanghai office.
In 2000, he joined Cuatrecasas litigation and arbitration team in Barcelona. In 2007, he moved to Shanghai to set up and manage Cuatrecasas’ first office in Asia. Since then, they have nurtured an exceptional team and have consolidated a sound practice in inbound and outbound investments, as well as in disputes resolution involving Asian, European and Latin American parties.
He is part of the panel of arbitrators of the Shanghai International Arbitration Center. He teaches courses on alternative dispute resolution mechanisms, he participates in MOOT arbitrations and writes about arbitration on a regular basis.
Dr. Ling Yang
Dr Ling Yang is Deputy Secretary-General of HKIAC and Chief Representative of the Shanghai Office.
Prior to joining HKIAC, Ling was an Associate Professor at the East China University of Political Science and Law where she taught international arbitration for more than eight years. During 2017, Ling was a visiting scholar at Boston University School of Law. Ling has published widely on issues of international dispute resolution and arbitration in China, and currently serves as Executive Editorin-Chief for the Shanghai International Arbitration Review. Ling has also been appointed as arbitrator. She obtained a PhD in 2009 and an LLM in International Law in 2006 from Wuhan University. In 2008, she was visiting scholar at the University of Aix-en-Provence
Marseille III.
Ben Qi
Bin QI (Ben) is the Managing Partner of Jin Mao Partners, based in its Beijing Office. Ben has rich experience in Corporate Development Strategy, IT Industry, Merger & Acquisition, Anti-trust, Capital Markets, Venture Capital, Private Equity and Cross-border Transaction.
Ben represents many Fortune 500 clients in their China business developments and operations. He also represents many China domestic clients in some complex cross-border investment deals, including PIPE deal, SPAC and reverse merger transactions. He also advises many Private Equity funds and Chinese start-up companies in their fund-raising and pre-IPO investment or financings. Ben is also an expert in structuring and advising cross-border IP licensing deals. He has in-depth insights on how to manage a complicate M&A transaction as well as integration, particularly in TMT industry. In 2015, he was awarded by American Lawyer and China Law & Practice as “Deal of the Year in TMT Sector”.
Prior to joining Jin Mao Partners for his private practice, Ben was a senior legal counsel for IBM Greater China since 2003. He was the lead lawyer for IBM Corporate Development and M&A activities in Greater China region, participated in many high-profile deals, including IBM’s divestiture of PC and x86 server business to Lenovo, acquisition of the Weather Company, Citigroup/IBM’s recent sales of 23.7% shares in Guangdong Development Bank to China Life, and IBM’s spin-off of its Printer business. Ben was also the Chief Legal Counsel for IBM China Investment Fund. Prior to IBM, he was the Asia Pacific General Counsel for Peak Pacific Investment Company and Senior Counsel for Siemens China.
Ben is an active practitioner and frequent speaker in M&A forum on the matters of execution and integration. His more than 10 years in-house experiences in Fortune 500 companies provide him valuable insights when he advises his clients of those complex deals.
He received his LL.B from East China Politics and Law Institute, Shanghai, his LL.M and Ph.D from Renmin University Law School, Beijing, and S.J.D. from School of Law, University of British Columbia, Canada.
Ben is fluent in both Mandarin and English.
Dr. Anselm Christiansen
Anselm is a corporate/M&A lawyer at Gleiss Lutz, one of the leading independent law firms in Germany, and a member of the firm’s Asia practice. Anselm specializes in cross-border M&A transactions with a focus on EU inbound transactions by investors from Greater China, Korea, Japan and other parts of Asia. In addition, Anselm advises German companies on their investments in Asia. Anselm studied law in Tübingen, Germany. During his legal training, Anselm worked for a major German corporation in Bangkok and in Tokyo
Prof. Dr. Colin Ong QC
International arbitrator and lead counsel. President, Arbitration Association Brunei Darussalam(AABD); Vice President, Appointing Council; Thailand Arbitration Center(THAC); Advisory Governing Council, Indonesian National Board of Arbitration(BANI). Appointing Council, Chinese-European Arbitration Centre (CEAC) Germany.
First ASEAN practising lawyer to be Queen’s Counsel and elected Master of the Bench of the Inner Temple (2010); Chartered Arbitrator; Law Professor (Civil law). LL.B (Hons)(Sheffield); LL.M; Ph.D(Queen Mary). FCIArb, FMIArb, FSIArb; DiplCArb. Author of advocacy; arbitration and law texts.
Handled over 350 arbitrations and recognised as a top 30 arbitration practitioner worldwide by Expert Guides: Best of the Best 2017& 2019 (Arbitration). One of 18 Most-in-Demand Arbitrators (Chambers & Partners 2019) and described as “top person in the field,” Who’s Who Legal Arbitration 2018:- “a world-renowned arbitration counsel who “always manages to make complicated issues appear unbelievably straightforward”. WWL Arbitration 2019:- “maintains a worldwide reputation for his skill in arbitration….great experience in both civil and common law”. Chambers & Partners 2019:- “an extremely creative and charismatic lawyer……a star performer with a brilliant legal mind.”
WWL Arbitration 2020:-“…extensive recommendations from peers around the world for his strong work as arbitrator”, also winning widespread plaudits for his work as lead counsel in both civil and common law matters.”