When CISG Meets Hong Kong Arbitration: Exploring CISG’s Potential Impact on Sale of Goods Disputes – 6 October 2022, 1pm to 2pm
Hong Kong Arbitration Seminar
The Sale of Goods (United Nations Convention) Ordinance (Cap. 641), which implements the United Nations Convention on Contracts for the International Sale of Goods (“CISG”), is set to take effect in Hong Kong in December 2022. This enactment is expected to significantly impact Hong Kong arbitration proceedings which involve cross-border sale of goods agreements.
Globally, over 70% of CISG cases are estimated to be rendered in arbitration, and Hong Kong is likely to be increasingly selected as the venue of choice following the treaty’s implementation. Get ready for the new CISG regime at our upcoming seminar with Tara Liao and Samantha Lau, who will draw on their experience in CISG-related arbitrations and share observations on the treaty’s potential impact on arbitration agreements, pre-CISG contracts governed by Hong Kong law, the interpretation of force majeure clauses and more.
6 October 2022 (Thursday)
|Time:||1pm to 2pm HKT|
|CPD Accreditation:||1 CPD point applied for (subject to confirmation by the Law Society of Hong Kong)|
|Venues:|| • In-person Attendance — Denis Chang’s Chambers, 9/F, Tower One, Lippo Centre, 89 Queensway, Admiralty (40 places available for attendees who have been fully vaccinated with three doses of COVID-19 vaccine)
• Online Attendance — Zoom
The Sale of Goods (United Nations Convention) Ordinance (Cap. 641), which implements the United Nations Convention on Contracts for the International Sale of Goods (“CISG”), will take effect in Hong Kong in December 2022.
This enactment is expected to significantly impact Hong Kong arbitration proceedings which involve cross-border sale of goods agreements. Substantively, the CISG governs the key aspects of such contracts – including their formation, interpretation (such as force majeure clauses), remedies for breach and the validity of arbitration agreements. Potentially, this presents legal complexities to grapple with but also new tactical possibilities for the parties in dispute.
On a legal business level, arbitration practitioners in Hong Kong would do well to prepare for the CISG’s implementation. Globally, over 70% of CISG cases are estimated as having been rendered in arbitration. Once Hong Kong’s implementing ordinance comes into force, there will likely be a surge in parties who choose to resolve their disputes here, given the option to apply the CISG through opting for Hong Kong law as their contracts’ governing law.
• The applicability of CISG in arbitrations
• CISG’s impact on arbitration agreement/clauses
• Practical issues arising from the application and interpretation of CISG, including:
– The treaty’s applicability to pre-CISG contracts governed by Hong Kong law
– Impact of CISG on the interpretation of force majeure clauses
– Potential complexities in the common law’s interaction with CISG
A total of 40 places will be available and allocated on a first come first served basis.
In-person attendees will be required to test negative for Covid-19 by a rapid antigen test (RAT) taken prior to arrival.
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To attend via Zoom, please click on the button below to secure your place.
|Online Attendance via Zoom:
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We look forward to seeing you at our event. For enquiries, please reach out to Sonia Chan, Practice Development Manager, at [email protected].
“Tara is intellectually very sharp. A very practical and effective junior with a meticulous eye.” Legal 500 Asia-Pacific 2021 & 2022, Commercial Disputes — Leading Juniors
As counsel, Tara appears regularly in the Court of Appeal, the High Court, the District Court and in arbitrations with a focus on commercial injunctions, shareholders’ disputes, company, insolvency, civil fraud, trust and cross-border disputes. She also has experience in land, competition, insurance and regulatory cases. She sat as a Deputy District Judge in 2021. She is a Committee member of HK45, an active young arbitration practitioners group in Asia.
Prior to joining the Bar, she was a solicitor in an international law firm specialising in commercial litigation and regulatory matters. She holds a bachelor degree in PRC laws from Peking University and has passed the PRC National Judicial Examination.
Tara began full practice as a barrister in 2015 after completing pupillages with Mr Philip Dykes SC, Mr Richard Khaw SC, Mr Derek C.L. Chan SC and Mr Roger Beresford.
Visit Tara’s profile for more details.
Since joining the Bar, Samantha has been steadily developing a predominantly civil practice with an emphasis on commercial and civil disputes, arbitration and public law. Recently, Samantha worked on a complex arbitration case involving a transnational EPC contract and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Recently, Samantha successfully resisted the summary judgment application of a bank for US$3 million debt after establishing a “grave suspicion” that the subject bill of exchange was forged (with Mr. Simon Wong): Canara Bank v. Excel Triumph Ltd and Another (HCA 1736/2019)  HKCFI 3747.
Find out more from Samantha’s profile.
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