Dispute Resolution in Cross-border Business Transactions

Mark your calendar for AmCham China Outbound Investment Committee event on May 10. AmCham China is pleased to invite industry experts from WilmerHale to share their insights of international arbitration and IP litigation. The 60 mins speech will cover:


  • Why dispute resolution is important in cross-border business transactions?
  • Joint ventures/M&A
  • International sale of goods/services
  • Technology licensing/collaboration
  • IP infringement
  • What are the pros and cons of litigations vs. international commercial arbitrations
  • A brief introduction of national courts and civil procedures of key jurisdictions (e.g., US and China)
  • A brief introduction of key international arbitration bodies (e.g., AAA, ICC, SCC, Singapore International Arbitration Centre, Hong Kong International Arbitration Centre, CIETAC in China)
  • Cost
  • Timeframe
  • Procedures of national courts (e.g. US) and international arbitration bodies (e.g., discovery)
  • Other considerations: different bodies of law, language, location, local bias and damages
  • Recognition and enforcement of foreign judgements and international arbitration awards – this is the key – the New York Convention
  • How to draft a good dispute resolution clause in commercial contracts?
  • A good arbitration clause (key elements)
  • A good litigation clause (key elements)
  • What are other important aspects in international litigations and arbitrations?
  • Counsel
  • Witness and affidavits
  • Service of process
  • Cross-border data transfer in the context of international litigations and arbitrations


Event details:

  • Event format: Hybrid
  • Time & Date: 10:00 - 12:00, Friday, May 10 ( Registration will start from 10:00am)
  • Language: English
  • Contact: Ada Yang, ayang@amchamchina.org


Notes:

  • Registration is required to access the meeting. Registration and refund close at 5:00 PM (China time),May 9.
  • Please make sure to register with your company email address.
  • Registration at the door is not accepted.

Agenda

10:00 AM - 10:30 AM
Registration
10:30 AM - 11:30 AM
11:30 AM - 12:00 PM
Q&A

Speakers

  • Mark D. Flanagan (Partner at WilmerHale LLP)

    Mark D. Flanagan

    Partner at WilmerHale LLP

    Mark Flanagan’s years of advising companies and individuals in California have given him deep experience in a variety of disciplines, including government and internal investigations, intellectual property litigation, international arbitration and commercial litigation. One central skill underlies this range of capabilities: he knows how to litigate cases. Clients rely on the excellent judgment and efficient management style that Mr. Flanagan has honed through years of practice, and trust that he will persuasively marshal the facts and the law to successfully resolve their most complex and important matters.

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  • Kenneth Zhou (Partner at Wilmer Cutler Pickering Hale and Dorr LLP Beijing Representative Office)

    Kenneth Zhou

    Partner at Wilmer Cutler Pickering Hale and Dorr LLP Beijing Representative Office

    https://www.wilmerhale.com/en

    Kenneth Zhou is a partner in the firm's Asia Corporate Practice Group. He joined the firm in 2004.
    Mr. Zhou's practice focuses on foreign direct investment, cross-border mergers and acquisitions, private equity/venture capital, joint ventures and strategic alliance, general corporate, anti-trust and regulatory matters, FCPA and investigations, and international dispute resolution. He has advised many foreign companies in high-tech, media and entertainment, telecommunications, pharmaceuticals, healthcare, banking and financial services, publishing, consumer product and services industries with respect to their strategic expansion, investments and business operations in China. Mr. Zhou has also advised leading Chinese companies on their outbound investments, M&A and strategic expansion in the U.S. and Europe. In addition, he is also experienced in capital market, foreign trade and WTO matters.
    Mr. Zhou is a former governor and General Counsel of AmCham China. He currently serves as Chair of the Outbound Investment Forum of AmCham China.
    Mr. Zhou is the author of the Business Organization Chapter published in Business Law in China: Trade, Investment, Operations and Finance. ICC Publ. No. 672, 2d rev. ed. He is also one of the authors of China’s Anti-Monopoly Law – The First Five Years, published by Wolters Kluwer in 2012. He has written articles in such periodicals as China Law & Practice, Asia Pacific Antitrust and Trade Review, Capital and others on a wide range of topics including M&A, corporate restructuring, private equity/venture capital investment, foreign direct investment in China, tax and regulatory matters.
    Mr. Zhou was interviewed and spoke at events organized by CNN, Bloomberg, CCTV, The American Lawyer, Cai Jin Magazine, South China Morning Post, American Chamber of Commerce China, 21st Century, Top Capital, Association of Insolvency and Restructuring Advisors (AIRA), Asia Risk, and others on a variety of topics including cross-border M&A, anti-monopoly filings in China, equity financing, outbound investments of Chinese companies, dispute resolution, PE/VC investments, Internet law, SOE restructuring, qualified foreign institutional investors (QFII), qualified foreign limited partnership (QFLP), VIE structures, anti-monopoly law and national security review.

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Tickets

AmCham China-Member
Standard Price RMB 150
AmCham China-Non-Member
Standard Price RMB 450