As the economic interaction between Asia and the West increases, so does the potential for cross-border disputes. International investors must structure their commercial transactions in a way that minimizes the legal risks inherent in these disputes. This is often done, in part, by including a carefully structured arbitration clause in commercial contracts. Arbitration is favored by many companies because it provides a relatively inexpensive and speedy method of resolving disputes, in a neutral forum, using an established body of international commercial law.
Recent years have seen an increase in the number of arbitral institutions throughout Asia, as well as the adoption of modernized arbitration laws by many Asian countries. However, despite this growth in infrastructure, significant concerns remain about arbitration, especially in regards to enforcement of arbitral judgments. Investors must constantly update their dispute resolution strategies in light of these trends, in order to comprehensively plan for the favorable and effective resolution of commercial disputes.
Anne Marie Whitesell
Of Counsel, Dechert LLP
Before joining Dechert, Anne Marie Whitesell was Secretary General of the ICC International Court of Arbitration from 2001 to 2007.
Kate Oberlies O'Leary
Senior Counsel - Litigation and Legal Policy, General Electric Company
Kate Oberlies O'Leary is Senior Counsel - Litigation & Legal Policy for the General Electric Company in Fairfield, CT. Mrs. O'Leary manages government investigations, significant litigation, and internal investigations for GE worldwide. After graduating from Yale University and Yale Law School, she served as a law clerk to Judge Morris E. Lasker of the U.S. District Court for the Southern District of New York. Prior to joining GE in 2002, she was an associate with the law firm of Weil Gotshal & Manges and a partner at Schlam Stone & Dolan in New York, where her practice focused on white-collar criminal defense, government investigations and complex civil litigation. She is a member of the Sedona Conference Working Group on Best Practices for Electronic Document Retention & Production and an Editor of "The Sedona Guidelines: Best Practice Guidelines & Commentary for Managing Information & Records in the Electronic Age."
Junghye June Yeum
Partner, Duane Morris LLP
Junghye June Yeum focuses her practice on corporate litigation, international arbitration and complex commercial and intellectual property disputes and negotiations. Ms. Yeum's experience includes disputes practice involving joint ventures, licensing and sales agreements, bankruptcy adversary proceedings, accounting fraud, trademark infringement, failed investments and corporate governance. In addition to representing clients on various federal and state courts, Ms. Yeum has represented clients in arbitrations under the rules of the American Arbitration Association, the International Centre for Dispute Resolution, JAMS, the International Chamber of Commerce, and the Singapore International Arbitration Centre.
Ms. Yeum is an arbitrator and domain name panelist of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland, and serves on the Foreign and Comparative Committee of the New York City Bar Association. She also holds a designation awarded by the Chartered Institute of Arbitrators in the UK and has delivered speeches at international dispute conferences organized by the International Chamber of Commerce (ICC) and the Chartered Institute of Arbitrators (CIArb).
Prior to her legal career, Ms. Yeum was a journalist with the Korea Economic Daily (Hankuk Kyungjae Sinmun) in Seoul, Korea. Ms. Yeum is a 1999 graduate of Georgetown University Law Center, where she served as interim notes editor for the Georgetown International Environmental Law Review and an external law clerk at the U.S. Federal Communications Commission in Washington, D.C. She is a graduate of Yonsei University in Seoul, Korea. She is fluent in Korean.
Associate, Boies, Schiller & Flexner LLP
Andy Soh's main practice areas are complex commercial litigation, securities litigation, and arbitration. Mr. Soh has worked on a wide variety of matters that often involved an international element. Prior to joining Boies, Schiller & Flexner LLP, Mr. Soh practiced with Jones Day in New York and Singapore, where his most recent experience includes representing a major financial institution in FINRA arbitrations involving auction rate securities, and representations involving securities class action lawsuits, the enforcement of foreign judgments in the United States, and foreign sovereign immunities.
Mr. Soh has experience in international arbitration, having represented a global telecommunications company in ICC arbitration proceedings to resolve disputes arising out of a 2.5G infrastructure project. He has also advised and represented a major petrochemical company regarding alleged mistakes in a series of complex chemical supply contracts, an investment management company in connection with its obligations under a secured credit line arrangement, and construction and engineering companies in disputes arising out of government infrastructure construction contracts.
Mr. Soh was awarded the International Insolvency Institute's 2008 Gold Medal Prize in International Insolvency Studies by a distinguished panel of leading insolvency judges, academics and practitioners for outstanding writing, research, and analysis in the field of international insolvency.
Daniel S. Tan (Moderator)
Lecturer on Law, Harvard Law School
Daniel Tan is an associate in the Litigation Department of the New York office of Latham & Watkins, and a member of the firm's International Dispute Resolution practice. His practice focuses on international litigation and international arbitration. He has represented clients in arbitrations under various institutional rules (ICC, LCIA, SIAC) seated all over the world (New York, London, Paris, Geneva, Indonesia, and Singapore). These arbitrations span diverse industries (telecommunications, entertainment, aerospace, construction, pharmaceuticals, materials) and involve disputes ranging from distributor agreements, license agreements, share purchase and option agreements.
A key part of his practice involves strategic advice on international litigation issues, where he often assists clients and their counsel with specialist advice on forum shopping by identifying favorable and unfavorable fori to resolve disputes and then formulating and implementing strategy to enable resolution of disputes in the client's preferred forum (at the same time resisting attempts by the other party to achieve its forum selection goals). In this regard, he has been engaged by client's regular counsel to assist on briefing and on appeals relating to international litigation issues, such as forum selection clauses and antisuit injunctions.
Dan is Lecturer at law at Harvard Law School where he teaches International Commercial Arbitration. He was formerly Lecturer in Law at Oxford University where he taught contract law. Previously, he trained and practiced as a solicitor with a major international law firm in its London head office.
He writes prolifically in the areas of international litigation and arbitration and has published law review articles in leading academic journals in the United States and England. These articles have been cited in prominent textbooks and commentaries, and have been called "ground-breaking thinking."