Beijing Kangda Law Firm Rui Zhang 14
Welcome to the 2023 edition of the Lawyer Monthly ADR Awards. Welcome to the special edition of Lawyer Monthly dedicated to honouring the some of the top performers in the Alternative Dispute Resolution (ADR) sphere. These ADR Awards serve as an annual hallmark to recognize and celebrate the outstanding contributions and unparalleled achievements that are reshaping the dynamics of conflict resolution in legal settings. As we navigate a world increasingly marked by complexity and multi-dimensional challenges, the legal sector faces a corresponding surge in the volume and complexity of disputes. The high costs, protracted timelines, and adversarial nature of traditional litigation often exacerbate tensions rather than fostering harmonious resolutions. Enter Alternative Dispute Resolution, a practice that has steadily risen in significance as both private entities and public institutions seek more amicable, efficient, and less confrontational ways to settle disagreements. This year’s ADR Awards assemble an exceptional cadre of practitioners, firms, and thought leaders who are actively writing the future of dispute resolution. Inside these pages you will find, amongst others, Jimmy Kodo - Kodo Law Firm (Front cover), Rui Zhang - Beijing Kangda Law Firm, Walter (Fayun) Chen, S.C. - Grandall Law Firm, Rebecca Andersen - Six Pump Court, Dr Jerry Tse - Eddid Financial. You will also find in these pages, profiles of esteemed awardees, insightful interviews, and engaging articles that delve deep into the transformative work that is setting new benchmarks for excellence in the ADR field. Whether it’s facilitating cross-border settlements or crafting customised resolution pathways for intricate corporate disputes, these professionals exemplify an exemplary blend of skill, insight, and ethical practice. So, without further ado, let us celebrate the individuals and organizations whose tireless dedication, unassailable integrity, and foresight are leading us into a new era of dispute resolution. We hope this edition inspires you and illuminates the remarkably versatile toolkit that Alternative Dispute Resolution offers to our modern legal landscape.
Featured Winners Jimmy Kodo Kodo Law Firm Dr Jerry Tse Eddid Financial Rui Zhang Beijing Kangda Law Firm Jeffrey Morris Jeff Morris Mediation Walter (Fayun) Chen, S.C. Grandall Law Firm Martin Daubney Level 17 Chambers Rebecca Andersen Six Pump Court 8 22 14 24 18 26 20
8 LAWYER MONTHLY ADR AWARDS 2023 International Arbitration Lawyer of the Year Lawyer Kodo Law Firm About Jimmy Kodo, FCIArb Dr. Mahutodji Jimmy Vital KODO, Attorney at law (France), Member of the Permanent Court of Arbitration (PCA - The Netherlands); the Africa Commission of the International Court of Arbitration of the International Chamber of Commerce (ICC - France); the Singapore International Arbitration Court Users Council (SIAC - Singapore). Former Technical Advisor to the President of the Common Court of Justice and Arbitration (CCJA) of the Organisation for the Harmonisation of Business Law in Africa (OHADA - Côte d’Ivoire). Dr. Kodo published the book Arbitration in Africa under OHADA Rules (Kluwer, 2020). A Fellow of the Chartered Institute of Arbitrators (FCIArb - United Kingdom), Dr. Kodo is a certified arbitrator of the CCJA and is listed on the Arbitrator Roster list of many institutions around the world (inter alia, LCA - Nigeria; MIAC – Mauritius; SHAC - China; IAI - France and the roster of the Arbitrators of African Descent with a U.S Nexus – USA). As an independent practitioner, Dr. Kodo has acted as coarbitrator in Investor-State disputes and as sole arbitrator and counsel in commercial and construction disputes. In 2021, as a Consultant for the Investment Climate Reform (ICR) Facility (co-funded by the European Union, the Organization of African, Caribbean and Pacific States and implemented by Deutsche Gesellschaft für Internationale Zusammenarbeit GmbH - GIZ, the British Council - BC, Expertise France - EF, and Stichting Nederlandse Ontwikkelingsorganisatie - Netherlands Development Organisation, SNV), Dr. Kodo revised the Arbitration Rules of the National Centre for Arbitration, Conciliation and Mediation (CENACOM) of Kinshasa, Democratic Republic of Congo, and also trained more than eighty arbitrators of the centre. FRANCE Jimmy Kodo FCIArb
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10 LAWYER MONTHLY ADR AWARDS 2023 International Arbitration Lawyer of the Year Since we last spoke to you, what significant work have you undertaken? Since we last spoke, I have been involved in four new arbitration proceedings involving several major arbitration centers from Europe and Africa (including, but not limited to, the ICC, Paris – France and the arbitration Center of the Common Court of Justice and Arbitration of the Organisation for the Harmonisation of Business Law in Africa - OHADA). The language chosen by the parties in three of those proceedings is English and the fourth is in French. I serve as sole arbitrator in two of those proceedings and as president of a panel of three arbitrators in two of the proceedings. In one of the latter two proceedings, I am presiding a tribunal to decide a case where the amount at stake is more than 102.000.000 USD. It is, so far, the highest amount I must decide as arbitrator, but also the first time I am presiding over a panel for such amount. I take the full measure of the responsibility I’ve been entrusted with, and more than ever, I am determined to be very efficient in the process. What do you consider to be your greatest achievements of the past 12 months? In addition to my most significant presidency of an arbitral tribunal so far (considering the amount at stake and complexity of the dispute), as mentioned above, my services have been requested as an expert witness in a complex litigation case in Asia and involving an African party. I have been admitted to practice law in the Democratic Republic of Congo (DRC), beside the Bar of Paris, France. I have also been involved in teaching law (arbitration and other matters) in Europe, in the Indian Ocean and in Africa. Finally, the fifth edition of the “Code Pratique Francis Lefebvre OHADA: Traité, Actes uniformes et Règlements annotés” (Editions Francis Lefebvre, France), a treatise on the OHADA legislation useful for all the practitioners, scholars and judiciary, has been released late November last year. Of the many skills that you have had to develop in order to excel in your field, which would you say are the most important to your success? Thoroughness in every aspect of my work, whether as counsel or as arbitrator; openness of mind, which allows me to craft genuinely authentic solutions while sitting as arbitrator or to offer those when I’m counsel; loyalty and devotion to my clients, as counsel and to parties as arbitrator. I would never emphasize enough the importance of very hard work, consistently. Also, genuine leadership and humility are essential qualities I cannot depart from, especially when I’m presiding over a tribunal where my co-arbitrators are sometimes more experienced and/or even more qualified than me. How have you developed these over your years in practice? It requires hard work, determination, a lot of modesty and consistency to develop such qualities over the years, FRANCE “I would never emphasize enough the importance of very hard work, consistently. Also, genuine leadership and humility are essential qualities I cannot depart from.” An Interview with Jimmy Kodo Q Q Q Q
11 LAWYER MONTHLY ADR AWARDS 2023 International Arbitration Lawyer of the Year sometimes by learning from one’s own mistakes or from those of your peers when they come to one’s knowledge. What advice would you give to parties and counsel on how best to select an appropriate arbitration centre? It starts with retaining smart, competent, and ADR-savvy lawyers when entering into a contract or an agreement because, in most cases, arbitration centres are chosen in the arbitration clauses included in major contracts. It is at that early stage that care needs to be taken in the selection of the dispute resolution provision of an agreement. Implementing this advice may be challenging since many lawyers who draft contracts are not ADR specialists and may not always be aware of the pitfalls of some arbitration centers. In any event, to the extent possible, one should consider the track records of an arbitration centre, i.e., its practices regarding appointment, conduct of the proceedings, its arbitration rules, the availability or not of legal remedies (in the rare but non-inexistent cases in which it may become necessary to refer to courts of law to remove the blockage created by some incompetent arbitration centres). Given your great experience, what are the most common mistakes that you see counsel make during ADR? The most common mistakes include: accepting cases they are not competent to handle and not associating experienced counsel to handle such cases efficiently; accepting cases in languages in which they can barely hold a conversation, let alone draft legal documents (Nb: keep in mind that being able to hold a basic conservation in a foreign language does not, in itself, qualify someone to properly represent a client in proceedings – before an arbitral tribunal or a court of law); showing up to meetings and hearings unprepared; failing to properly and timely raise appropriate objections that may help their client; ineffective communication with the client. How can these mistakes be avoided through advance preparation or adopting a new strategy? As mentioned above, good training and strict compliance to ethical and professional rules (such as not accepting a case one is not competent to handle). For clients, knowing who to hire as counsel may spare them a lot of troubles and disappointments since, in many cases, it may be difficult, even impossible, to salvage proceedings which are ruined by incompetent counsel. Can you share anything about the projects that you are currently working on? I can only say at this stage that I am still preparing some training materials for arbitrators and working on several publication projects. FRANCE “Whenever I get the opportunity to advocate for ADR, I take it. I also encourage younger ones to take an interest in ADR and learn much about it from an early stage.” Q Q Q Q
12 LAWYER MONTHLY ADR AWARDS 2023 International Arbitration Lawyer of the Year In what ways do you strive to advance the use of arbitration as a method of dispute resolution in your work? Whenever I get the opportunity to advocate for ADR, I take it. I also encourage younger ones to take an interest in ADR and learn much about it from an early stage. Attendance and participation at conferences and ADR-related events also allow me to contribute to the advancement of the use of arbitration in resolving disputes. What would you say is your favourite part of the work that you do? As an arbitrator, being able to resolve disputes by untangling complex facts and applying appropriate rules procures deep satisfaction. In a world where the tendency is to want everything, (i.e., success, wealth and fame) without investing the necessary time, hard work and competence, and in which corruption tends to taint some arbitration proceedings, the feeling of deep satisfaction, as counsel, for winning cases for my clients without having compromised myself or my principles. It provides a priceless feeling of accomplishment. Do you have any predictions for how the ADR landscape will develop in France and internationally in the latter half of 2023 and beyond? I strongly believe the precedents of the major Courts (the Cassation Court in France and the Common Court of Justice and Arbitration for the 17 African Member States of the OHADA Treaty) will change in the near future on many issues, which I would encourage anyone interested in learning more about to look for in my forthcoming publications… FRANCE Jimmy Kodo, FCIArb Avocat à la Cour The Kodo Law Firm Member of the Bar Association of Paris (France) and Kinshasa Matete (Democratic Republic of Congo) 222, Boulevard Saint Germain 75007 Paris France Tel: +33 782 906 656 | +33 142 600 431 Fax: +33 142 600 455 Email: Jkodo@kodolaw.com www.kodolaw.com Q Q Q “As an arbitrator, being able to resolve disputes by untangling complex facts and applying appropriate rules procures deep satisfaction.”
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15 LAWYER MONTHLY ADR AWARDS 2023 Mediation Expert of the Year Lawyer Beijing Kangda Law Firm About Rui Zhang MCIArb Rui Zhang MCIArb is a lawyer at Beijing Kangda Law Firm; the firm is a large full-service law firm headquartered in Beijing, China. It was founded in 1988 and is among the first private partnership law firms approved by the Ministry of Justice of China. The firm has won many honors, including “National Outstanding Law Firm” and “Beijing Outstanding Law Firm” several times. As one of the first law firms, Kangda was deeply involved in and witnessed the development of China’s legal environment. As a lawyer, Ms. Zhang has long focused on the construction of a corporate compliance system, the healthcare and life sciences industry; covering digital therapeutics, smart healthcare, the commercialisation of scientific and technological achievements. Ms. Zhang has acted as a long-term legal advisor to many corporate clients based on arrangements and advising on corporate compliance. For many years, she has maintained good cooperative relations with many large state-owned enterprises and famous private-owned enterprises, providing clients with professional and systematic litigation and non-litigation legal services. Based on the traditional provision of perennial legal advisory services for enterprises, Ms. Zhang’s corporate compliance team assist enterprises to establish and improve the compliance system and provide supporting legal services. - For the internal management of the enterprise, provide the company’s compliance risk identification, compliance system establishment, compliance investigation, compliance consultation, and training services. - To provide administrative law violation risk identification, administrative law enforcement investigation, and response services for enterprises’ administrative standardized behaviours in the external market. The external market includes the domestic market and international market. - For enterprises suspected of criminal violations, provide criminal risk identification, criminal execution investigation, and criminal charges and appeals. Corporate compliance is not only to prevent liability risks in advance but also to properly handle emergencies and conflicts, collect evidence, evaluate faults, and formulate response strategies. Relying on Kangda’s long experience in providing compliance legal services to government regulatory departments such as market supervision and management departments, audit departments, tax departments, securities regulatory departments, and enterprises and institutions in various industries, Kangda lawyers not only accurately grasp the regulatory policy, but also provide more effective solutions and more direct CHINA Rui Zhang “As a lawyer, Ms. Zhang has long focused on the construction of a corporate compliance system.”
16 LAWYER MONTHLY ADR AWARDS 2023 Mediation Expert of the Year communication channels for customers, resolve the crisis for enterprises and reduce liability risks. It is necessary to gather lawyers with rich experiences in the diversified fields of labor law, corporate law, administrative law, criminal law, customs, and tax law, anti-monopoly and anti-unfair competition, and to have these lawyers be intimately familiar with the client’s enterprise and its operation and management. It is also necessary that the legal team be able to prepare and summarize the normative legal documents in real-time so that risk points can be revealed to the managers of the enterprise and specific plans and measures should be formulated to prevent risks. Accordingly, there is a specialized team to cooperate with the functional departments of the enterprise to track the implementation of these measures in time and give feedback on the effect of implementation and put forward the countermeasures for modification and upgrading to the enterprise managers. At the same time, the experience of our team in dealing with crisis events and dispute resolution can be used to deal with and resolve relevant events in time, to minimize the loss of legal liability assumed by the enterprise. Ms. Zhang is also a panelist with the Center for Digital Therapeutics Law & Policy of Kangda, established in March 2023, which is an integration of Kangda lawyers’ experiences in health legal services. The goal of the research center is to break through traditional barriers in the field of health while planning “digital therapy” industry legal service projects for local governments, medical, industrial parks, medical institutions, and enterprises. On the shared platform of Beijing Kangda Law Firm headquarters, a more integrated cooperation mechanism provides professional guidance for the development of the medical data industry. Meanwhile, the center focuses on the frontier subject of medical data and the development of the health industry and health market, promoting innovation in scientific research. According to the market orientation and the data orientation, the center’s tasks include the medical data project application, cross-border data security protection, medical data regulation legislation, and organizing relevant forums related to the digital therapy industry. The center also attempts to integrate high-quality resources and form various types of research teams with medical institutions and domestic enterprises, establish effective cooperation mechanisms and platforms in response to the demand of the digital therapy market, and provide legal think-tank services for the development of the healthcare industry. CHINA “Keeping up with the pace of China’s social development, Kangda will, as always, forge ahead and contribute to the rule of law in China.”
17 LAWYER MONTHLY ADR AWARDS 2023 Mediation Expert of the Year Kangda Office Layout Headquartered in Beijing, Kangda has set up 21 offices in Xi’an, Shenzhen, Haikou, Shanghai, Guangzhou, Hangzhou, Shenyang, Nanjing, Tianjin, Heze, Chengdu, Suzhou, Hohhot, Hong Kong, Wuhan, Zhengzhou, Changsha, Xiamen, Chongqing, Hefei and Ningbo. Cultural Inheritance The firm culture at Kangda has been developed to be one of openness, inclusiveness, modesty, and solidarity. Kangda has developed into a large-scale, specialized, and branded law firm providing full services after more than 30 years of effort, forming a modern legal service system through crossregional and multi-cultural integration and exchange, as well as service expansion and cooperation in various fields. Keeping up with the pace of China’s social development, Kangda will, as always, forge ahead and contribute to the rule of law in China. Professionals Currently, the firm has over 1500 legal professionals. The firm’s staff includes former core personnel from the public security organs, procuratorates, and people’s courts, as well as young and seasoned elite lawyers who graduated from well-known law schools at home and abroad. They all share a commitment to providing domestic and foreign clients with professional, high-quality, and efficient legal services. Practices As a full-service law firm, Kangda has maintained its traditional competitiveness in criminal defense and civil and commercial dispute resolution, which it prides itself on, and has also been ranked among the top in capital market legal services for the past decade. Kangda has notable expertise in other practice areas, such as bankruptcy liquidation and reorganization, government and administrative, legal affairs, intellectual property, tax law, corporate legal services, maritime legal services, foreign-related legal services, labor law/labor arbitration, etc. Foreign-related Legal Affairs Kangda’s foreign-related legal service team has established a comprehensive and stable cooperation network with law firms in the United States, Canada, the United Kingdom, Australia, Singapore, Korea, Japan, Russia, and other countries and regions. With the further promotion of the Belt and Road Initiative, Kangda has given full play to its integrated service advantages to help clients explore and expand into overseas markets. Kangda has accumulated rich experience in foreign-related projects and handled many influential major cases involving foreign-related legal matters/issues so that it can provide all-round legal services in various sectors for all kinds of clients, including state-owned enterprises, private enterprises, foreigninvested enterprises, and overseas enterprises. In a word, Kangda has the experience and expertise to assist Chinese enterprises in “going global” and also provide strong support for foreign enterprises to enter the Chinese market. - Cross-border dispute resolution - Overseas investment and M&A - Foreign investment - International trade, anti-dumping and anti-subsidy - Export control and economic sanctions CHINA Rui Zhang MCIArb Beijing Add.8/F, Emperor Group Centre, No.12D, Jianwai Avenue, Chaoyang District, Beijing, 100022, P.R.China Tel:+86 898 6625 4181 | +86 18513880036 Fax:+86 898 6625 5316 Email: rui.zhang@kangdalawyers.com www.kangdalawyers.com “The firm culture at Kangda has been developed to be one of openness, inclusiveness, modesty, and solidarity.”
18 LAWYER MONTHLY ADR AWARDS 2023 About Walter Walter (Fayun) Chen, is a partner at Grandall Law Firm, Senior Counsel (S.C.), Master of International Business Law at the University of Liverpool, Visiting Scholar at the University of Maryland, and further studied at the University of Hamburg. He is the Vice President of the UK Sub-Association of the Western Returned Scholars Association, China, a Member of the Arbitration and Mediation Committee of the All China Lawyers Association, the ICC China Arbitration Committee, the Steering Committee of the China Academy of Arbitration Law, and a Fellow of the Hong Kong Institute of Arbitrators (FHKIArb). He is also a Member of Panel of Arbitrators of more than 20 arbitration institutions (e.g. SIAC, HKIAC, CIETAC). He is one of the very few leading international commercial dispute resolution practitioners in China who can effectively handle cases in both English and Chinese as counsel and arbitrator. He has a proven track record for representing and assisting clients in handling complex and high-profile legal matters and commercial cases heard before courts in Mainland China, Hong Kong, the US and others, and in ad hoc arbitrations and arbitration institutions such as SIAC, HKIAC, CIETAC, and the ICC International Court of Arbitration. For three consecutive years from 2021 to 2023, Walter was part of the three-member Editorial Board of ‘CDR-Essential Intelligence: THE BELT AND ROAD INITIATIVE’ published by Global Legal Group, UK, and co-author of the chapter on China. He was respectively selected as one of the ‘Leading Talents of Foreign Related Lawyers’ by the All China Lawyers Association and the Ministry of Justice, China, and was awarded by Legal Daily, China as one of the first session ‘Top Ten Lawyers of the Belt and Road’. Walter is a partner in the Nanjing Office of Grandall Law Firm, one of the largest fullservice law firms in China with over 680 partners and over 5,000 employees across its 36 global offices.
19 LAWYER MONTHLY ADR AWARDS 2023 Best Arbitration Lawyer of the Year Partner Grandall Law Firm CHINA Walter (Fayun) Chen, S.C. “I have accumulated a wealth of practical experience in international arbitration, and I can handle international arbitration cases with ease and comfort in both English and Chinese.” In your nearly 30 years of arbitration experience, how have you seen the arbitration sector develop in China? With the rapid development of the Chinese economy, together with promulgation of the Arbitration Law of the People’s Republic of China in 1994, arbitration has become the most preferred vehicle to resolve international commercial disputes in China. Over the years, more than 270 local arbitration institutions in China have been established at the municipal level. The leading arbitration institutions in Mainland China include the China International Economic and Trade Arbitration Commission, the Beijing International Arbitration Centre and the Shenzhen Court of International Arbitration. Q What has been your most memorable achievement during this time? Since I represented Chinese client in my first international arbitration case in Hong Kong in the 1990s, I have grown into a veteran of arbitration after nearly 30 years of arbitration practice, not only acting as counsel in international arbitration cases, but also as an international arbitrator, hearing and adjudicating cases alongside my global arbitration counterparts. I have successfully represented Chinese client in the US and Hong Kong in a mega international arbitration case with a value of over RMB100 billion, and am representing Chinese client in Hong Kong in an international arbitration case with a value of over RMB10 billion. As an arbitrator, I have heard and decided nearly a hundred commercial arbitration cases. Therefore, my greatest achievement is that I have accumulated a wealth of practical experience in international arbitration, and I can, as counsel or arbitrator, handle international arbitration cases with ease and comfort in both English and Chinese. Q Walter (Fayun) Chen, S.C Partner, Grandall Law Firm Grandall Law Firm (Nanjing), 8F, Block B, 309# Hanzhongmen Street, Nanjing, Jiangsu Province, China. Tel: +86-25-89660918 Email: walterchen@139.com | chenfayun@grandall.com.cn www.linkedin.com/in/walter-fayun-chen-80bb9959/ www.grandall.com.cn
20 LAWYER MONTHLY ADR AWARDS 2023 Arbitration Counsel of the Year Associate Member Six Pump Court In an evolving legal landscape, it is imperative to glean insights from those at the forefront of their fields. Today, we sit down with Rebecca Andersen of Six Pump Court, a distinguished legal professional who, driven by a profound desire to make a difference, embarked on a journey into law. From the hallways of criminal justice to the nuances of civil law, and now prominently in the ADR sector, Rebecca has witnessed significant transformations – especially as the world grapples with the aftermath of a global pandemic. Rebecca shares her observations, feelings, and invaluable advice for those aspiring to specialise in ADR. What was it that first inspired you to practice law? I was first inspired by a combination of factors. From a young age, I read about how lawyers could use their professional skills to help desperate people and change their lives. How lawyers can help to uphold fairness or vindicate the innocent deeply motivated me. You can hear that I dreamt about being a criminal lawyer when I was fresh from law school. However, fate took me instead to a civil path, but I never looked back as I had many good years, and still counting. Can you share any significant trends you have observed in the ADR sector in the past year? Yes, I observed that the pandemic has enabled virtual ADR proceedings, and people started to believe that dispute resolution can be done remotely. People also showed an increasing interest in expedited arbitration in response to uncertainty brought about by Covid-19, and to enhance efficiency, many technology tools (e.g. AI-powered case management systems, secure digital document exchanges) have been leveraged. ESG considerations are also influencing ADR as parties are more inclined now to seek ADR processes that align with sustainability goals and ethical business practices. SINGAPORE Rebecca Andersen What does this award mean to you? This arbitration award motivates me to continue pursuing excellence in my legal career. It gives me recognition and validation of my abilities and encourages me to embrace further challenges. Ultimately, this award signifies an enduring source of inspiration to uphold the principles of integrity, perseverance, and ethical practice in my legal and arbitration career. Do you have any words of advice for less experienced legal practitioners considering an ADR specialisation? Yes, “B U R N” B - “Business”. As ADR often involves commercial interest, having Business acumen and understanding the financial implications of the dispute is of great importance. U – “Understanding”. Invest time in thoroughly understanding the various ADR methods to make informed decisions on which areas to specialise in. Q Q Q Q
Rebecca Andersen Associate Member Six Pump Court Tel:+65 93871131 Email: rebecca@maintz-andersen.com Linkedin: linkedin.com/in/rebecca-t-andersen 21 LAWYER MONTHLY ADR AWARDS 2023 Arbitration Counsel of the Year About Rebecca Rebecca Andersen is an Associate Member of Six Pump Court, a Barristers’ Chambers based in Temple, London. She is a member of the Honourable Society of Gray’s Inn, London. Rebecca is an accredited international commercial arbitrator and an arbitration counsel. She has held senior legal leadership roles in major global corporations in the USA, UK, HK, Malaysia and Singapore. By the end of 2023, she would have 26 years of work experience as both Advocate/ Solicitor and General Counsel. Although based in London, she understands Asia very well. Rebecca is multi-lingual and speaks various Asian languages (e.g. Mandarin) besides fluent English. Rebecca has established herself in the specialised domains of international business disputes, the sale of goods, commodities trading, oil & gas and maritime law. Rebecca accepts party and institutional appointments in both ad hoc and institutionally administered arbitrations. She is on the panel of various arbitration institutions, namely SIAC (Reserved Panel), AIAC and AIADR. She is also in the ICC Singapore Arbitration Group which receives prospective appointment of arbitrator from the ICC Court. Rebecca held appointments from Singapore’s Honourable Supreme Courts Judges for leading Committee work in promoting trade and law in the region. Rebecca is regularly invited to speak at conferences in Singapore and abroad. Rebecca is a Certified Sanctions Specialist, certified to advise sanctions matters imposed by the UK, USA, EU and UN. Rebecca has a Bachelor of Laws from Wales, and a Master of Laws (specialised in International Business Law) under the examinations from Queen Mary University of London & University College London. SINGAPORE “Fate took me to a civil path, but I never looked back as I had many good years, and still counting.” “R” -“Resilience. ADR requires Resilience because not all cases will have immediate resolutions, and cases may be complex, so maintaining a positive outlook is essential. “N” - Networking. Networking (seminars, workshops, industry events) can lead to valuable collaborations and opportunities.
22 LAWYER MONTHLY ADR AWARDS 2023 About Dr Jerry Tse Dr Jerry Tse is an experienced investment banker and CEO of Eddid Financial. He has held senior management positions at various large financial institutions, including DBS Asia Capital, Macquarie China Financial Institutions Group, Morgan Stanley and Deutsche Bank. Dr Tse is adept at leading high-stakes projects and has successfully overseen more than 150 capital market transactions, including numerous landmark IPO projects and the restructuring of major corporations. Before entering the financial industry, Dr Tse worked as a solicitor at Linklaters LLP, an assistant professor at Hong Kong Polytechnic University and a visiting lecturer at the University of London. He holds a DBA from UCAM, Master’s degrees from top universities such as the UoL and HKU, and is a qualified solicitor in Hong Kong, England and Wales. Eddid Financial is an all-encompassing financial group centred around fintech. The group’s extensive range of services caters to both retail and institutional clients, including but not limited to fintech, internet finance, wealth management, asset management, investment banking and virtual assets. The group is committed to providing one-stop financial services and products to customers through high-quality investment solutions. Contact: Eddid Financial Email: info@eddid.com.hk Phone: +852 2655 0300 21/F, CITIC Tower, 1 Tim Mei Avenue, Central, Hong Kong www.eddid.com.hk
23 LAWYER MONTHLY ADR AWARDS 2023 Arbitrator of the Year CEO Eddid Financial What was it that drew you towards the dispute resolution sector? As a member of the Chartered Institute of Arbitrators for over two decades, I recently completed the Master of Buddhist Counselling program at the University of Hong Kong. This program focused on applying Buddhist teachings to counselling and mediation. I have found that incorporating these teachings into my work has been beneficial in resolving conflicts and disputes. As CEO, I understand the importance of problem-solving and conflict resolution skills in the workplace. My experience and education in dispute resolution have allowed me to effectively handle and resolve conflicts in a professional and respectful manner, contributing to a positive work environment and organisational success. What major challenges have you overcome to get where you are today? Navigating cultural differences between western and Chinese business practices in Hong Kong has been a significant challenge. With an increase in Chinese capital, it is crucial to strike a balance between the two cultures. To accomplish this, I developed a deep understanding of both cultures and adapted my leadership style accordingly. Managing conflicts arising from these differences has been equally challenging. Effective dispute resolution skills have been essential in addressing these issues professionally. These challenges have required me to be adaptable, innovative, and to continuously learn and grow as a leader. In doing so, I have developed a valuable skillset that has allowed me to effectively communicate and collaborate with individuals from diverse backgrounds. How do you measure your success? In my view, success encompasses more than financial goals and industry recognition. It also involves effectively handling conflicts and disputes in a respectful and professional manner. To measure success based on dispute resolution, I prioritise identifying and resolving conflicts before they escalate and reaching mutually beneficial solutions that are fair to all parties involved. This requires strong communication skills, empathy, and the ability to understand different perspectives. Success, to me, means being a well-respected and ethical leader who fosters a positive work environment and contributes to the well-being of employees and society. It involves continuous learning and growth by staying updated, embracing new challenges, and being receptive to feedback and self-reflection. What does this award mean to you? This award is significant to me as it acknowledges the vital role of dispute resolution skills in the workplace. As a CEO, I believe that effective conflict resolution is crucial for maintaining a positive and productive work environment. This award is also meaningful to other senior management staff who face disputes and conflicts regularly. By acknowledging the value of dispute resolution skills, we can promote a culture of peaceful conflict resolution, foster mutual understanding and respect among employees. HONG KONG Dr Jerry Tse Q Q Q Q
24 LAWYER MONTHLY ADR AWARDS 2023 International Mediator of the Year Partner Jeff Morris Mediation What was it that led you to become an accredited mediator? After practicing corporate and commercial law for 21 years, it was time for a new challenge. Mediation’s growing acceptance as an alternative to expensive and timeconsuming litigation provided me with an opportunity to practice as a full-time mediator. I have loved every minute and still do, even after 20 years and over 4,000 mediations. How would you describe your style of mediation? I believe that a mediator should be able to employ the best approach for a given situation, so I think having one style is potentially limiting. If the parties desire a more evaluative approach, then I am comfortable offering a neutral point of view. This is done privately with each party in a separate caucus meeting. My unbiased comments are intended to give the party just another point of view to consider, so that they can make the best decision on their settlement options. We talk about the benefits of settlement as opposed to the risks of trial. On the other hand, it is fine to be more facilitative when the parties desire structured conversations and discussions to move towards resolution. Above all, it is critical to bring a wide range of tools to each case and not to quit before every effort has been made to arrive at a settlement. Lately, I find that parties are looking to the mediator to break an impasse by offering a mediator’s proposal, where the mediator suggests a settlement on a double-blind basis. Can you tell us anything about your proudest career achievements to date? When COVID hit, I quickly saw the opportunity to transition my practice entirely to a Zoom-based model. After developing an effective online mediation process, our provincial ADR Institute asked me to co-author a practice guide for other mediators and lawyers and teach them how to mediate using this new virtual technology. After conducting over 600 mediations on Zoom, I believe virtual mediations can be as effective as in-person sessions. I am proudest that I have been able to achieve high rates of settlement using an online process. CANADA Jeffrey Morris Q Q Q “It is critical to bring a wide range of tools to each case and not to quit before every effort has been made to arrive at a settlement.”
Jeffrey H. Morris 1007 - 3230 Yonge Street, Toronto, Canada, M4N 3P6 Tel: 416-518-8774 Email: jeff@jeffmorrismediation.com www.jeffmorrismediation.com Q Q Q 25 LAWYER MONTHLY ADR AWARDS 2023 International Mediator of the Year What is it that inspires you to achieve the best possible results for the parties you work with? It partly relates to my work ethic and persistence, which is to prepare thoroughly and bring my best to each mediation session. If I can help the parties exit the court system, or move closer to a resolution, then I feel I have added value to my retainer as a mediator and thereby derive personal satisfaction for a job well done. What does this award mean to you? This award is an important external validation of the skill, expertise and results I have worked hard for in my mediation practice. To be recognised by fellow professionals is an absolute honour and something that I will always treasure. What does the future hold for yourself and your practice? I have a keen personal interest in helping others resolve disputes in the fine art space. This award will help elevate my standing internationally as a neutral Canadian mediator. I now feel that I am even better positioned to offer my assistance to others around the globe. CANADA “I have a keen personal interest in helping others resolve disputes in the fine art space.” About Jeff Jeff Morris conducts complex mediations primarily involving commercial and business litigation, often involving liability insurers. Other areas that he is known for relate to professional negligence claims and, more recently, fine art disputes. Due to his involvement in the art world, Jeff particularly enjoys helping artists, museums, galleries and collectors to resolve disputes. Areas Of Expertise Commercial and Insurance Mediation Real Estate Dispute Resolution Professional Negligence Mediation Estate and Trust Mediation Fine Art Dispute Resolution
26 LAWYER MONTHLY ADR AWARDS 2023 Hon Martin Daubney AM KC Level 17 Chambers 239 George Street, Brisbane, QLD 4000 Email: mdaubney@qldbar.asn.au Tel: +61 7 3052 0000 www.level17chambers.com.au
27 LAWYER MONTHLY ADR AWARDS 2023 Mediator of the Year Level 17 Chambers About Martin Martin Daubney views his current practice as a mediator as a natural extension to an already full career in law. He was admitted as a barrister in Queensland in 1988 and appointed Senior Counsel (now King’s Counsel) in 2000. As a barrister, he practised principally in commercial and insurance law. He also developed and maintained a significant practice as a mediator, particularly in commercial disputes. From July 2007 until 31 December 2021, he served as a judge of the Supreme Court of Queensland. He was also President of the Queensland Civil and Administrative Tribunal for four years from October 2017. Since retiring from the Supreme Court, he has returned to practise almost exclusively as a mediator in civil and commercial disputes of all varieties and complexity. When asked about his approach to mediation, he says that he doesn’t regard himself as a mere facilitator or messenger for competing offers. “My role is to actively assist the parties themselves to take control and decide how a dispute is to be resolved, rather than handing it over to a third party (a judge) to impose an outcome on them.” He considers that his years as a legal advocate for parties and then as a judicial decision maker have equipped him well for his current work as a mediator. “It’s important to remember that I’m not there as an adviser or judge,” he says. “My role is to assist the parties to have a proper understanding of what their dispute is really about, to assist them in deciding how to resolve the dispute, and to reality-check them and their advisers at each point in that process to ensure they understand the consequences of the decisions they are making.” He observes that sometimes the parties need to be helped to explore alternative, and even creative, options for settling their legal disputes, and that this is an area in which his own insights and broad experience can be of particular assistance. He also emphasises the need for discernment and understanding on the part of a mediator. “Mediation is often a very personal process. Being involved in litigation is a stressful experience for most clients. Even for sophisticated parties, it can be distracting and vexing. Very few commercial disputes are ‘just about the money’. In many matters involving parties whose long-term business relationships have broken down, there can be significant personal overlay. And that is invariably magnified in disputes involving family members. Depending on the nature of the matter, there may also be cultural issues or political considerations to be taken into account. These aspects might be collateral to the factual or legal dispute, but they are factors which influence the decisions being made by a party in a mediation.” He regards himself as realistic in utilising mediation to assist parties. “Not every case can be settled. But even when consensual resolution is not able to be achieved, the parties should leave the mediation with much greater insight into the true nature of their dispute and the pros and cons of the formal court process to which they are submitting themselves.” In addition to his mediation and ADR practice, he also has significant governance experience in both the public and not-for-profit sectors. He was appointed Chancellor of Australian Catholic University on 1 January 2022, and has been a member of the Board of Trustees of the Queensland Art Gallery since 2020. AUSTRALIA Martin Daubney
Europe Renaud Cavoizy CBDA Avocats Zoltán Faludi Wolf Theiss, Budapest Dr Philip Antino APA Property Services Limited Enda Hurley A&L Goodbody LLP Helena Campbell Clockwork Medation Alexandre Maciel Lawyer, Arbitrator, Fellow (FCIArb) 30 31 35 32 37 33
30 LAWYER MONTHLY ADR AWARDS 2023 Industrial Risks & Liability Litigation Lawyer of the Year Associate Lawyer CBDA Avocats CBDA Avocats CBDA Avocats seals the alliance between the firms founded by Renaud CAVOIZY, Philippe BALON and Gaël DÉCHELETTE. Our common professional values a nd skills combine to offer our clients a global and complementary service in specific areas of business law. Always more efficient, with constantly evolving technical support, we offer quality expertise in line with the requirements of the sector. Our Lawyers intervene on a daily basis both for institutional clients (Key Accounts - Insurers) and SMEs-SMIs in various fields such as commercial law, construction law, industrial risk, public business law, trademarks or labor law. About Renaud Cavoizy Renaud Cavoizy was sworn in before the PARIS Court of Appeal in 1998 after completing his studies at PARIS II-ASSAS (Masters in Business Law-Masters in Political Science-DEA in Public Finance and Taxation Law) then at PARIS I-PANTHEON -SORBONNE (DESS in Public Business Law). After several years of practice in renowned firms, he created his structure in 2005 to meet the growing needs of his clientele. For more than 20 years, he has been developing his legal and litigation expertise on a daily basis in business law, construction law and industrial risk with multiple SMEs/SMIs and major institutional accounts and is considered one of the recognized players in the field. Renaud notably works alongside major energy and environmental groups and major players in construction law (general contractors, subcontractors and BET) and their insurers. Renaud Cavoizy 40, avenue Marceau, 75008 Paris Tel: 01 75 44 26 26 Email: contact@cbda-avocats.fr www.cbda-avocats.fr DEA Public Finance and Taxation – Paris II DESS Business Law – Paris I FRANCE Renaud Cavoizy
31 LAWYER MONTHLY ADR AWARDS 2023 Dispute Resolution Lawyer of the Year Managing Partner Wolf Theiss, Budapest About Zoltán Zoltán Faludi is the Managing Partner of Wolf Theiss’ Budapest office and heads the local Litigation and Dispute Resolution team. Zoltán is one of Hungary’s Top 10 arbitrators with over 25 years of experience as an attorney with expertise in litigation, dispute resolution as well as in domestic and international commercial arbitration, both as an arbitrator and as a counsel. He has experience in conducting out of court settlement discussions, facilitating and moderating negotiations between parties upon joint appointment and mandate by the disputing parties. His robust energy industry knowledge adds expert value to the professional handling of litigation cases. He is an active arbitrator at the Arbitration Court associated with the Hungarian Chamber of Commerce and Industry and is also renowned in domestic arbitration circles. Zoltán is regularly invited to speak at various local and international events, focusing on market related questions. Wolf Theiss is one of the leading law firms in Central, Eastern and Southeastern Europe (CEE/SEE). We opened our first office in Vienna over 60 years ago. Our team now brings together over 360 lawyers from a diverse range of backgrounds, working in offices in 13 countries throughout the CEE/SEE region. Over 80% of our work involves cross-border representation of international clients. Since 2007, our team in Budapest has used its local and international experience to handle complex domestic and multi-jurisdictional matters through its combined full-scope legal and tax service offering. Our 35+ lawyers provide clientfocused and industry-driven advice in all aspects of investment and business law, including mergers and acquisitions, banking and finance, employment, as well as projects and infrastructure, each in combination with first class tax advice if so desired. We’re constantly top ranked in Energy, Banking & Finance, Corporate/M&A, Dispute Resolution, Tax, Project Development and Private Wealth Law by Chambers, Legal 500 and IFLR. Zoltán Faludi Managing Partner Wolf Theiss, Budapest Kálvin tér 12-13, 1085 Budapest, Hungary Email: zoltan.faludi@wolftheiss.com Tel: +36 1 4848 800 www.wolftheiss.com HUNGARY Zoltán Faludi
32 LAWYER MONTHLY ADR AWARDS 2023 Commercial Disputes Lawyer of the Year Partner, Disputes & Investigations A&L Goodbody LLP About Enda Enda Hurley is the head of Litigation at A&L Goodbody which encompasses a number of specialist practice groups. The team comprises of 22 Partners and 77 team members who have led the way in commercial disputes and large scale corporate investigations over recent years. Enda practices within the Disputes & Investigations Group, which he co-heads with Dario Dagostino. The Disputes & Investigations Group at A&L Goodbody is recognised as a marketing-leading practice that is equally adept at resolving complex disputes through litigation, arbitration, mediation, negotiation and expert determination. The team also have unrivalled experience in complex and business-critical investigations across a broad range of sectors through engagement with regulators and law enforcement agencies in Ireland and internationally. Enda’s personal practice involves advising Irish and international clients on a broad range of commercial disputes. In recent years, Enda has acted for clients on some of the most high-profile and complex cases in the Irish Courts, as well as in statutory tribunals including the Tax Appeals Commission. Enda is recognized for the breadth and depth of his expertise across a range of areas, such as securities and corporate law, financial services, tax and real estate law. Clients and colleagues have commented on his clear presentation of cases and solutions focused approach. Sectors of Expertise: - Securities and Company Law Disputes - Commercial Contracts and Trusts Disputes - Tax Disputes & Enquiries - Real Estate Litigation - Disputes & Investigations Enda Hurley Partner, Disputes & Investigations A&L Goodbody LLP Tel: +353 1 649 2930 | Mob: +353 86 041 7842 Email: ehurley@algoodbody.com IRELAND Enda Hurley
33 LAWYER MONTHLY ADR AWARDS 2023 Arbitration Lawyer of the Year Lawyer, Arbitrator, Fellow (FCIArb) About Alexandre QUALIFICATIONS: Degree in Law from the University of Minho School of Law. Higher Arbitration Course (VIII Edition) – CIAMEN/CIarb. Advanced Course in Lusophone International Arbitration – Almedina. Advanced Administrative Arbitration Course – ICJP/FDL. Course on Tax Arbitration – IDEFF. Attendance of the VII Postgraduate Course in Arbitration Law – CIDP/FDL. International Commercial Arbitration Course – Abogacia Española/ICC Spain/CIAM/CIAR. London Summer Arbitration School (Arbitration Lab) – University of Basel. Attendance of the Master University in International Arbitration – UNIR. MEMBERSHIPS: Fellow (FCIArb) of the “CIARB - Chartered Institute of Arbitrators”. Arbitrator of “CAAD”, “CAL”, “CAPI (ESAI)”, “CNA” (AICCOPN), “CNIACC”, “ARBITRARE”, “TRIAVE”, “CIMPAS”, “CONCÓRDIA”, “CACM (Mozambique)” , “WTC Macau (Arbitration Centre)”, “CIAB”, “CICAP”, “HKIAC (Hong Kong International Arbitration Center)”, “HIAC (Hainan International Arbitration Court)”, and the lists of arbitrators from TCASul, TRGuimarães, TRCoimbra , TRPorto and TRLisboa. Member of “APA - Portuguese Arbitration Association”, “CEA - Spanish Arbitration Club”, “BIAC – Boston International Arbitration Council”, “ALAM – Lusophone Association of Arbitration and Mediation”, “SCC Arbitration Institute (Sweden)” and “VIAC – Vienna International Arbitral Centre”. Member of “APMEP”, “ICCA” and “FICM/MCN”. AREAS OF EXPERTISE: Domestic and International Arbitration (Sale of Goods; Construction; Civil Engineering; Industrial Facility (Plant); Construction Supervision; Environment; Energy; Insurance; Securities; Intellectual Property; Labor; Real Estate; Comercial Transaction). CONTACT: Alexandre Maciel Lawyer, Arbitrator, Fellow (FCIArb), Email: alexandre.maciel-10551p@adv.oa.pt alexandremaciel1979@gmail.com Mob: +351910720201 linkedin.com/in/alexandre-maciel-fciarb-3b8b85158 PORTUGAL Alexandre Maciel
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