About the Webinar

Lawyers are often asked by clients to advise on debt recovery options. One of the most drastic – but effective – options is to threaten insolvency proceedings. However, where the debt arises out of an instrument that contains an arbitration agreement, it may be open to debtors to challenge the insolvency proceedings and frustrate the client’s debt recovery efforts. This webinar will explore whether the threat of insolvency proceedings is an effective (or preferred) option for debt recovery in such case by analyzing relevant recent case laws in Hong Kong and other common law jurisdictions, followed by a discussion on case scenarios and practical tips on how to navigate these challenges and the way forward.

Outline:

• • Introduction
  • Using the insolvency regime as a debt recovery option
  • The effect of arbitration agreements on insolvency proceedings
  • The implications of the Re Guy Kwok-Hung Lam case
  • Discussions on case scenarios and practical tips
  • Q&A

About the Speaker

Gillian Lam is a Senior Associate in the Dispute Resolution Group of Baker McKenzie in Hong Kong and a member of the Firm’s Women in Arbitration leadership team She is a Fellow of the Chartered Institute of Arbitrators and a member of the Arbitral Women . She is also the Hong Kong ambassador for Arbitration Lunch Match.

Gillian’s practice focuses on commercial litigation and arbitration in Hong Kong, including general commercial/corporate disputes, commercial fraud and bribery investigations, contentious employment issues.

She has been granted “Solicitor Advocate” status before the Hong Kong courts.

James Ng is a Registered Foreign Lawyer in the Dispute Resolution Group of Baker McKenzie in Hong Kong. He is a Fellow of the Chartered Institute of Arbitrators and a HKIAC accredited tribunal secretary.

James has over 8 years of experience in international arbitration, having acted for clients in arbitrations under the HKIAC, ICC , SIAC, ICADR and UNCITRAL Arbitration Rules. His practice broadly covers commercial, construction, hotel management, IP, M&A and shareholders disputes.

Before joining Baker McKenzie, James worked at the HKIAC overseeing more than 300 arbitration cases, with a focus on China related disputes. He has acted as tribunal secretary in high stakes commercial arbitrations including emergency arbitrations.