About the Webinar
In this webinar, Elizabeth Chan (Allen & Overy) and Joshua Folkard (Twenty Essex) will discuss key issues in the conflict of laws as they concern international arbitration. They will discuss:
- The question of what law applies to an arbitration agreement in the absence of parties’ express choice. Taking the United Kingdom Supreme Court case of Kabab-Ji as the starting point – illustrating a divergence of approaches between the French and English courts – the presenters will then consider the approaches in certain Asian jurisdictions (Singapore, Hong Kong SAR, and Mainland China).
- Challenges to an arbitral Tribunal’s jurisdiction, in particular through the lens of the UK Law Commission’s current proposals to reform English law on this point. Again, they will adopt a comparative approach looking at the major Asian jurisdictions.
- Drafting tips to avoid lengthy disputes about jurisdiction and applicable law.
About the Speaker
Mr Joshua Folkard
Barrister
Twenty Essex
Joshua Folkard has a broad arbitration practice including civil fraud and asset tracing, commodities, insurance and professional negligence. He has acted for clients in the automotive, energy, finance, private equity, IT, M&A, mining, property development and joint venture/shareholder spheres.
Josh has been instructed in arbitrations under a variety of institutional rules, as well as ad hoc insurance arbitration. He also appears regularly both led and as sole counsel in court applications relating to the entire lifespan of arbitrations, as well as the recognition and enforcement of judgments/arbitral awards (including against states). He is a specialist in private international law/the conflict of laws and is often instructed in international and cross-border disputes.
Alongside full-time practice, Josh teaches Conflict of Laws and International Arbitration at University College London and has published widely on issues of jurisdiction and enforcement. He has also recently been appointed to the Expert Panel for the Law Commission’s law reform project: ‘Digital assets: which law, which court?’
Josh gained significant experience of Indian commercial arbitration from his work as Tribunal Secretary to the Hon’ble Mr Justice Deepak Verma and sits on the Commercial Bar Association India Sub-Committee. He was also called to the Bar of the British Virgin Islands in 2020.
Ms. Elizabeth Chan
Senior Registered Foreign Lawyer (England and Wales)
Allen & Overy
Elizabeth Chan (陳曉彤) is a Senior Registered Foreign Lawyer (England and Wales) in Allen & Overy’s Asia-Pacific Arbitration team, based in Hong Kong. She specialises in international commercial arbitration and investment treaty arbitration. She is ranked as a Future Leader of Who’s Who Legal – Arbitration (2022-2023) and the Legal 500 Arbitration Private Practice Powerlist: UK 2022.