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International Arbitration: Issues, Perspectives and Practice: Liber Amicorum Neil Kaplan by HONG KONG INTL ARB CENTER

International Arbitration: Issues, Perspectives and Practice: Liber Amicorum Neil Kaplan

Edited by Hong Kong International Arbitration Centre (HKIAC)
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Overview

About this book:

International Arbitration: Issues, Perspectives and Practice is a three-part compendium of contributions annotated to reflect Neil Kaplan’s over 40-year career as a Judge of the Supreme Court of Hong Kong. Neil is widely referred to as the ‘father of arbitration in Hong Kong’ who has gone on to become one of the members of the upper echelons of the ‘great and the good’ of international arbitration. On the occasion of his 75th birthday, Neil Kaplan’s unparalleled influence in the field of international arbitration is celebrated in this book which comprises contributions from over twenty-five renowned international arbitration practitioners, all of whom credit Kaplan as having impacted the development of arbitration in their respective jurisdictions or professionally.

What’s in this book:

The book is constructed as a three-part compendium as follows:

  • the Kaplan Lectures, an annual series established to bring some of the best minds in international arbitration to Hong Kong to address current and practical issues;
  • key decisions and arbitration awards rendered by Kaplan, with commentaries that make current the issues arising out of these judgments and also provide an in-depth analysis of important issues emanating from his treaty arbitration awards;
  • articles showcasing the reach of Kaplan’s influence through reflections by several of his former assistants who are now making a mark in their own right in the international arbitration community.

How this will help you:

Arbitration practitioners will welcome this book for its practical analysis of some of the most discussed and debated ‘hot issues’ in arbitration law and practice today. In addition, the commentaries on Kaplan’s key decisions offer especially insightful guidance for practitioners, academics and students in the field of international arbitration.

Publish Date 01/11/2019
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9789041199690
SKU 10063679-0002
Table of Contents

Editors

Foreword

INTRODUCTION:

After Thoughts from the Inaugural Kaplan Lecture (Monday, 22 October 2007)

Neil Kaplan CBE, QC, SBS

PART I

The Kaplan Lectures

CHAPTER 1

The Inaugural Kaplan Lecture (First Kaplan Lecture, 22 October 2007)

Neil Kaplan CBE, QC, SBS

CHAPTER 2

Defining the Indefinable: Practical Problems of Confidentiality in Arbitration (Second Kaplan Lecture, 17 November 2008)

Michael Hwang, Katie Chung, Si Cheng Lim & Hui Min Wong

CHAPTER 3

When Is an Arbitration Agreement Waived? (Third Kaplan Lecture, 9 December 2009)

Michael Pryles AO PBM

CHAPTER 4

Tainted Memories: Exposing the Fallacy of Witness Evidence in International Arbitration (Fourth Kaplan Lecture, 17 November 2010)

Toby Landau QC

CHAPTER 5

The Importance of Being Competent (Fifth Kaplan Lecture, 6 December 2011)

Sir Bernard Rix

CHAPTER 6

Arbitral Decision-Making: Art, Science or Sport? (Sixth Kaplan Lecture, December 3, 2012)

Lucy Reed

CHAPTER 7

The Centrality of Contractual Interpretation: A Comparative Perspective (Seventh Kaplan Lecture, 27 November 2013)

The Honourable James Spigelman AC, QC

CHAPTER 8

Arbitrators, Corruption and the Poetic Experience (‘When Power Corrupts, Poetry Cleanses’) (Eighth Kaplan Lecture, 20 November 2014)

The Honourable L. Yves Fortier PC, CC, OQ, QC

CHAPTER 9

Light and Dark in International Arbitration: The Virtues, Risks and Limits of Transparency (Ninth Kaplan Lecture, December 10, 2015)

David D. Caron

CHAPTER 10

Lessons for the Future from the Past: Individual Hedgehogs and Institutional Foxes (Tenth Kaplan Lecture, 23 November 2016)

V.V. Veeder QC

CHAPTER 11

Re-examining the Legal Expert in International Arbitration (Eleventh Kaplan Lecture, 15 November 2017)

Donald Francis Donovan

PART II

Cases and Commentaries

CHAPTER 12

The Fung Sang Decision

Justin D’Agostino

CHAPTER 13

Fung Sang Trading Ltd. v. Kai Sun Sea Products & Food Co. Ltd. [1991] 2 HKC 526; HCMP 2674/1991 (29 October 1991)

CHAPTER 14

The J.J. Agro Decisions: What Makes a Judge ‘Arbitration-Friendly’?

Anne Secomb & Matthew Secomb

CHAPTER 15

J.J. Agro Industries (P) Ltd. (a firm) v. Texuna International Ltd. [1994] HKCU 0184; HCMP 751/1992 (29 May 1992)

J.J. Agro Industries (P) Ltd. (a firm) v. Texuna International Ltd. [1992] HKCFI 182; HCMP 751/1992 (12 August 1992)

CHAPTER 16

Waiver, Good Faith and the Exercise of Discretion in Award Enforcement Proceedings: Kaplan J’s Decisions in China Nanhai

Simon Greenberg

CHAPTER 17

China Nanhai Oil Joint Service Corporation Shenzhen Branch v. Gee Tai Holdings Co. Ltd. [1994] 3 HKC 375; HCMP 2411/1992 (13 July 1994)

CHAPTER 18

The Paklito Decision

Matthew Gearing QC

CHAPTER 19

Paklito Investment Ltd. v. Klockner East Asia Ltd. [1993] HKCU 0613; HCMP 2219/1991 (15 January 1993)

CHAPTER 20

The Euro-America Decision

John Beechey CBE & João Vilhena Valério

CHAPTER 21

Euro-America Insurance Ltd. v. Lite Best Co. Ltd. [1993] HKCFI 124; [1993] HKLR 217; [1993] 1 HKC 333; HCA 5419/1992 (11 February 1993)

CHAPTER 22

The Legal Landscape of Cooperation: A Close Study of the Jardine Decision

Douglas Jones AO

CHAPTER 23

Jardine Engineering Corp. Ltd. & Ors v. Shimiziu Corp. [1992] 2 HKC 271;  HCCT 1/1992 (10 March 1993)

CHAPTER 24

Through the Looking Glass: An Account of Obscure Arbitration Clauses in the Lucky Goldstar Decision

Sir Bernard Rix

CHAPTER 25

Lucky-Goldstar International (H.K.) Ltd. v. Ng Moo Kee Engineering Ltd. [1993] 1 HKC 404; HCA 94/1993 (5 May 1993)

CHAPTER 26

The Mayers Decision

John Scott QC, SC & Tommy Cheung

CHAPTER 27

Mayers v. Dlugash [1994] 1 HKC 755; HCMP 342/1994 (10 June 1994)

CHAPTER 28

Where Kaplan Leads, Others Follow: A Commentary on the Decision on Third-Party Funding in Cannonway Consultants

Jern-Fei Ng QC

CHAPTER 29

Cannonway Consultants Limited v. Kenworth Engineering Limited [1995] 1 HKC 179; HCCT 5/1994 (25 November 1994)

CHAPTER 30

Love Me Tender: At Which Point in a Tender Process Is Investment Treaty Protection Attracted?

Sarah Grimmer

CHAPTER 31

The ADC v. Hungary Award

Christopher Thomas QC, Sarah Lim & Emily Choo

PART III

Articles

CHAPTER 32

Arbitration in Russia: Investment Law – Inception and Evolution

Olga Boltenko

CHAPTER 33

Arbitration in Africa: Spring Is Coming?

Lucille Kante

CHAPTER 34

Arbitration in Israel: International Investment Law

Noam Zamir

CHAPTER 35

Arbitration in Hong Kong: Challenges and Opportunities in Becoming the Preferred Seat of Arbitration for ‘Belt and Road’ Projects Globally

Fan Yang

CHAPTER 36

Arbitration in Australia: Legislative Framework and Recent Jurisprudence

Andrew Di Pasquale

CHAPTER 37

Arbitration in France: Ryanair v. Smac: Is the French Tribunal des Conflits Unnecessarily Risking France’s Place as the World’s Safest Landing Spot for Arbitration Related Litigation?

Baptiste Rigaudeau

CHAPTER 38

A Pinch of Reality: Private Dispute Resolution in Eighteenth-Century England

Derek Roebuck

Volumes