18LC Seminar: Practical Steps and Pitfalls in Drafting a Dispute Resolution Clause

The “Practical Steps and Pitfalls in Drafting a Dispute Resolution Clause” Seminar was held in Chambers on 30 June 2023 to a house of participants from both sides of the legal profession. This CPD Seminar examined various pre-dispute resolution considerations, the requirements of a valid arbitration clause, and considerations when drafting a dispute resolution clause.

The Seminar began with Samuel Wong sketching an overview of the key factors to consider when determining what type of dispute resolution method parties would resort to (e.g. governing law of contract, governing law of the arbitral agreements, institutional rules, the scope of arbitration). The discussion then proceeded to an examination of the importance of defining the scope of arbitration clearly and the differences between consolidation and joinder, in particular their relevance in multiparty arbitrations.

In the second half of the Seminar, Edward K H Ng discussed in detail the nature and operation of “multi-tiered” arbitration clauses, focusing on the recent judgment of the Court of Final Appeal in C v D [2023] HKCFA 16. The Seminar then proceeded to examine common problems observed in dispute resolution clauses, their potential legal and factual implications, and drawing on these issues, what considerations legal practitioners may take into account when drafting and analysing dispute resolution clauses.

18LC expresses its gratitude to the participants of the Seminar for their discussions and questions raised for further reflections.

If you are interested in organising a seminar with members of 18LC, please contact the Practice Development Committee at Marketing@18LC.com.