이번 화상세미나(Webinar)는 홍콩과 중국본토 간 체결된 임시조치(interim measures) 협약의 범위, 실제 적용사례, 임시조치 협약이 중국본토 관련 국제계약에 미치는 영향 및 HKIAC각 축적한 관련 경험들을 다룹니다.
임시조치 협약은 홍콩을 중재지로 하는 계약상 발생하는 HKIAC 및 다른 중재기관들의 중재사건에서 중재당사자가 상대방의 자산동결, 증거보존 혹은 특정이행을 위해 중국본토 법원에 신청하는 것을 가능한 메커니즘을 제공하고 있습니다. 이 협약은 중국본토 이외에 소재한 중재당사자가 임시적 처분을 구하기 위해 중국본토 법원에 효과적으로 접근할 수 있는 최초이자 유일한 메커니즘이기도 합니다. 따라서 이 협약은 중국당사자가 있는 중재사건에서 하나의 획기적인 전환점을 제공한다고 할 수 있습니다.
HKIAC는 이미 중국본토에서 총 55억 위안(약 7억 9천 8백만 달러)에 달하는 증거보존 또는 자산동결 신청을 처리한 바 있습니다.
자세한 내용은 이번 화상세미나에서 참여해 알아보시기 바라고, 중국본토 관련 분쟁에 많은 도움이 되기를 바랍니다.
Joongi Kim is Professor of Law at Yonsei Law School in Seoul, Korea. His research focuses on international arbitration, international trade and investment, corporate governance and good governance. His recent research includes a treatise INTERNATIONAL ARBITRATION IN KOREA (Oxford University Press 2017), for which he received the 11th Simdang International Trade and Business Research Award.
He has acted as a presiding arbitrator, sole arbitrator, co-arbitrator and annulment committee member in institutional and ad hoc proceedings under the rules of the GGGI, HKIAC, ICC, ICSID, JCAA, KCAB, LMAA, SIAC and UNCITRAL. He also serves on the panel of arbitrators for the ICSID, Korea-EU Free Trade Agreement, Korea-US Free Trade Agreement and Global Green Growth Institute, in addition to AIAC, CAA, CIETAC, CRCICA, DIAC, HIAC, HKIAC, JCAA, KCAB, PIAC, RIMA, SCCA, SCIA, SHIAC, SIAC and VIAC, and the panel of mediators of SIMC and VMC.
Barrister at Liberty Chambers
Moses served as a naval officer in the Korean Navy for almost 4 years before reading law and qualifying as a barrister (trial lawyer) in Hong Kong.
He is in private practice focusing on cross-border commercial litigation and arbitration. Moses’ practice covers a broad spectrum of commercial work with an emphasis on civil fraud, asset-tracing/recovery, enforcement of foreign arbitral awards and judgments, securities and investment products as well as construction litigation and arbitration. He has a particular specialty in multi-jurisdictional disputes involving international parties and matters with a cross-border element.
His work extends to regulatory fields (providing advice on matters governed by securities and immigration legislation) often involving a mix of private and public law elements. Moses is equally comfortable working independently or within larger teams of barristers and solicitors.
Moses has recently contributed a chapter in Construction Contract Essentials in Hong Kong published by the University of Hong Kong Press. He is currently serving in the Committee of Arbitration at the Hong Kong Bar and the Committee of Commercial Law & Practice at the International Chamber of Commerce (ICC) Hong Kong.
Managing Partner at Quinn Emanuel
John Rhie is Managing Partner of Quinn Emanuel's Hong Kong office and the Head of the International Arbitration practice in Asia. John specializes in international arbitration, both commercial and investment treaty, as well as cross-border/international litigation and white collar crime.
In relation to international arbitration, John has acted as counsel and arbitrator in arbitrations under most arbitral institutions such as the HKIAC,ICC, ICSID, KCAB, LCIA, SIAC as well as ad hoc arbitrations around the world.
John is recognized as a leading expert in the field of international arbitration and is ranked by all major legal publications. Legal 500 says that "the 'highly sought after' John Rhie is ‘brilliant and lucid’ (2013) and Chambers and Partners says that he is "intelligent, insightful and very business-savvy" (2016). John is rated as a leading practitioner in Who's Who Legal and in 2011 was chosen as one of the "Hot 100" figures in the Asian legal industry by Asian Legal Business and was the youngest practitioner to be named in Global Arbitration Review’s “45 under 45” leading arbitration practitioners.
Counsel at HKIAC
Kellie Yi is Counsel of HKIAC and Chief Representative of Seoul Office.
Prior to joining HKIAC, Kellie was a Registered Foreign Lawyer at Allen & Overy’s international arbitration team based out of the Hong Kong office. Kellie also worked as senior in-house counsel at Hyundai Heavy Industries in Korea where she managed international arbitration and cross border litigation as well as transactional work. Kellie also previously worked at an international law firm in the U.S. and clerked for Hon. Judge Harold R. DeMoss Jr. of the U.S. Court of Appeals for the Fifth Circuit.
Kellie’s experience in international arbitration spans Europe, the Middle East, Latin America and Asia as well as all major institutional rules and UNCITRAL proceedings. She has specialised in construction and commercial disputes including those arising under EPC contracts, procurement and security agreements, joint ventures and related supply and finance agreements for major international projects.
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