Foreword
Preface

Limiting the Risk of Disputes Arising Out of International Agreements in Force Majeure and Hardship Situations: A Guidance Note
Harald Sippel and Kabir Duggal

Questionnaire Template.

COUNTRY REPORTS

Australia
Brenda Horrigan, Chad Catterwell, Guillermo Garcia-Perrote and Chloe Smith.     

Bangladesh
Md. Monzur Rabbi

China
Mariana Zhong    

Hong Kong
Yan Zhang, Nathaniel Lai and Dennis Wu

India
Aditya Vikram Bhat and Prerak Ved   

Indonesia
Tony Budidjaja     

Japan
Yoko Maeda and Satoko Fukui   

Korea
David McArthur, Yongman Bae, Junu Kim, and Jiho KIm     

Malaysia
Darshendev Singh and Leong Chee Weng

New Zealand
Lauren Lindsay and Sally Trafford

Pakistan
Rana Sajjad    

Philippines
Ricardo Ma P.G. Ongkiko      

Russia
Natalia G. Prisekina and Ekaterina Samusenko     

Singapore
Shaun Leong and Theodore Ang  

Taiwan
Helena H.C. Chen and Monica Wang

Thailand
Narit Direkwattanachai

Vietnam
Nguyen Trung Nam and Nguyen Van Son

ABOUT THE EDITORS

HARALD SIPPEL, is the founder of sippel.legal, an international boutique firm with a special focus on East Asia and the ASEAN region in particular. Having spent the major part of his career in East Asia and speaking several Asian languages, Dr. Sippel regularly assists companies from the “Western World” with their activities in the Asia Pacific Region, both with their contentious and non-contentious matters. Applying a holistic approach, his advice always includes business, cultural and other relevant considerations. He is also the founder of forcemajeure.asia, the world’s first website dedicated to legal and practical matters of force majeure, including a tailor-made force majeure clause builder.

KABIR DUGGAL  is an attorney in Arnold and Porter's New York office focusing on international investment arbitration, international commercial arbitration, and public international law matters, serving both as arbitrator and counsel.  Dr. Duggal is also a Lecturer-in-Law at Columbia Law School, an adjunct Professor at Fordham Law School and is a Course Director and Faculty Member for the Columbia Law School-Chartered Institute of Arbitrators Comprehensive Course on International Arbitration.    He also acts as a Consultant for the United Nations Office of the High Representative for Least Developed Countries, Landlocked Developing Countries and Small Island Developing States (UN-OHRLLS) on the creation of a novel "Investment Support Program."  He has also conducted training and capacity-building sessions for several Governments including Colombia, Saudi Arabia, Myanmar, India, Philippines among others on public international law and dispute resolution matters. He also serves on the Federal Republic of Somalia’s New York Convention Task Force as well as the WTO Negotiating Team (International Board).  He has published over 40 articles and has spoken at over 300 arbitration events all over the world. He is also the Co-Founder of REAL (Racial Equality for Arbitration Lawyers), a non-profit seeking to create greater representation in international arbitration.  He is a graduate of the University of Mumbai, University of Oxford (DHL-Times of India Scholar), NYU School of Law (Hauser Global Scholar), Leiden Law School (2019 CEPANI Academic Prize), and is currently pursuing an SJD Degree from Harvard Law School.  

ABOUT THE CONTRIBUTORS

AUSTRALIA

BRENDA HORRIGAN is an internationally recognised arbitration practitioner with nearly 30 years of extensive global experience, having worked from the US, Paris, Moscow, Shanghai, Sydney and now Singapore. Prior to establishing her own practice in 2021, she was the Head of International Arbitration - Australia for Herbert Smith Freehills in Sydney. She commenced her career as a transactional lawyer and has spent nearly 20 years focusing exclusively on complex international commerical and investment treaty arbitration at both the arbitration and enforcement stages. Ms. Horrigan is the immediate past President of the Australian Centre for International Commerical Arbitration (ACICA)  and remains a member of the Executive. She is a Fellow of the Charterered Institute of Arbitratiors and is listed on the panels of numerous arbitral institutions. She has taught international arbitration as a Global Adjunct Professor of Law at New York University's Shanghai campus and as a guest lecturer at the University of South Wales. She is regularly invited to speak at conferences and seminars on arbitration and is consistently ranked in Chambers and Who's Who as a leading arbitration practitioner.

CHAD CATTERWELL is a Partner at Herbert Smith Freehills specialising in cross-border disputes and international arbitration across the Asia-Pacific region.  He acts as Counsel in cross-border disputes and international arbitrations seated across the Asia-Pacific region. He has advised clients on arbitrations under the HKIAC, ICC, SIAC, CIETAC and UNCITRAL Rules. Mr. Catterwell has particular expertise with respect to disputes arising from M&A activity and joint ventures in Asia, particularly China. He assists clients in a number of sectors, with a strong interest in the energy and resources, manufacturing and industrials, and technology sectors. He also advises clients on structuring transactions and drafting dispute resolution provisions to best protect clients engaging in international investment and cross-border transactions. Mr. Catterwell is now based in Melbourne. He was previously based in Hong Kong. His current practice sees him working on matters across Asia, collaborating seamlessly with colleagues in the region and elsewhere. He regularly speaks and writes on issues relating to international arbitration. He is a founding steering committee member for ACICA 45, the young practitioner’s arm of local arbitration institution, ACICA, and a member of the ACICA’s Victorian State Committee.

GUILLERMO GARCIA-PERROTE is a Senior Associate at Herbert Smith Freehills specialising in international arbitration, infrastructure and energy disputes. He is an international arbitration lawyer, admitted in England and Wales and Spain. He is based in Sydney, following an increasingly active business relationship between Spain, Europe, Latam and the APAC region.  At Herbert Smith Freehills, he advises clients on complex cross-border disputes across many sectors and industries, with a particular focus on construction/infrastructure and energy disputes.

CHLOE SMITH is a Knowledge Lawyer at Herbert Smith Freehills in the Australian Disputes team. Her work involves keeping the Disputes team and its clients up to date on the latest developments in law, as well as designing and delivering training and legal know-how materials in key areas of Disputes practice.  Prior to this she was a Senior Associate at Herbert Smith Freehills, practising primarily in complex commercial litigation, class actions, regulatory matters and investigations.
 

BANGLADESH

MD. MONZUR RABBI is an Advocate of the Supreme Court of Bangladesh and a Barrister at the Bar of England and Wales (non-practising in UK). He is currently the Head of Chambers of Rahman & Rabbi Legal, his law chambers based in Dhaka, Bangladesh. He is a legal professional with over ten years of experience and his areas of expertise include International Arbitration Law and Practice, Dispute Resolution including Negotiation and International Mediation, International Trade and Public International Law, among others.
 

CHINA

MARIANA ZHONG is a partner of Hui Zhong Law Firm based in Beijing. She was previously a national partner of the international arbitration department of a leading international law firm. Ms. Zhong is also an arbitrator, an affiliate research fellow of Harvard Law School and an ICC YAF Representative for North Asia (until June 2021).  Ms Zhong has over thirteen years’ experiences working on international arbitration and dispute resolution matters. She has worked on several dozens of international commercial arbitration cases before institutions including ICC, LCIA, HKIAC, SIAC, CIETAC, BAC, SHIAC, SCIA and ad hoc tribunals seated abroad applying UNCITRAL Arbitration Rules.
 

HONG KONG

YAN ZHANG is a partner of the Global Arbitration, Trade and Advocacy practice in Sidley’s Hong Kong office. She is a highly skilled lawyer with experience in both adversarial and transactional matters. She has been recognized by both Chambers Global and Asia Pacific 2021 in the International Arbitration category.  She is experienced in the resolution of complex Chinese-foreign business disputes and has advised clients in proceedings conducted under various institutional arbitration rules in both English and Chinese. She also represents clients in mergers and acquisitions and private equity.

NATHANIEL LAI   is a senior associate of the Global Arbitration, Trade and Advocacy practice in Sidley’s Hong Kong office. His practice is  focused on international arbitration and dispute resolution. He has acted in international arbitration cases conducted under various rules and institutions and in a wide variety of areas (including M&A, private equity, fraud, construction, sale of goods and technology disputes).  He also has broad experience advising on general commercial litigation matters, including arbitration-related court proceedings, bankruptcy and insolvency issues, and complex cross-border disputes.

DENNIS WU is an associate of the Global Arbitration, Trade and Advocacy practice in Sidley’s Hong Kong office. He focuses his practice on international commercial arbitration with an emphasis on disputes with an Asian nexus.  He has advised clients in a wide variety of matters (including private equity, M&A, pharmaceutical, construction and technology) and has acted in ad hoc and institutional proceedings conducted under ICC, HKIAC, SIAC, and UNCITRAL arbitration rules.  He also has experience in litigation matters, including general commercial litigation, insolvency, and arbitration-related court proceedings.
 

INDIA

ADITYA VIKRAM BHAT  is a senior partner at AZB & Partners, India’s pre-eminent law firm. His primary practice area is dispute resolution. He appears in courts and tribunals across India on a variety of disputes. A significant portion of his disputes practice involves advocacy and advice on shareholder disputes relating to corporate control, oppression, and mismanagement at the National Company Law Tribunals and National Company Law Appellate Tribunal in India.  White collar criminal defence is another significant constituent of his practice. He advises and represents clients on matters relating to anti-corruption and anti-money laundering laws. As an adjunct to his disputes practice he also oversees a part of the firm’s forensic investigations practice. He advises clients and appears as counsel extensively in complex commercial disputes in Indian courts as well as arbitrations in India and in other jurisdictions including Singapore, England, The Netherlands and the United States. He writes regularly on Indian laws.

PRERAK VED is a Partner with AZB & Partners, India’s pre-eminent law firm. His practice covers a range of corporate matters, including private equity/mergers & acquisitions, corporate advisory (including, recently, on employee stock options and corporate social responsibility obligations) and corporate governance. He also regularly advises clients on white-collar crime matters including fraud, bribery and corruption, as well as on related disclosure and reporting requirements, liability mitigation and regulatory investigations. He has also advised clients on several internal investigations. He served as a member of the group that drafted the report of the Committee on Corporate Governance, formed by SEBI, under the chairmanship of Uday Kotak (2017), was a part of the drafting sub-group that formulated the ‘CII Guidelines on Integrity and Transparency in Governance and Responsible Code of Conduct’ (2020) and is a Recommended Lawyer for White Collar Crime by Legal 500 Asia Pacific (2021).
 

INDONESIA

TONY BUDIDJAJA is a Senior Partner at Budidjaja International Lawyers and has more than 25 years standing as legal counsel with   extensive experience and expertise in Commercial Dispute Resolution (both in Indonesia and overseas). He has extensive experience and expertise in cross-border Corporate matters including Banking, Finance, Capital Market, Securities, Insolvency, Employment, Tax, Corporate Restructuring, and Commercial Dispute Resolutions. He is one of the few legal practitioners in Indonesia who is qualified as both capital market legal consultant and tax court attorney. Tony has successfully handled some of the most high-profile and complex matters with both international and domestic corporate and government clients.


JAPAN

YOKO MAEDA is a partner in the Dispute Litigation and Arbitration Practice of City-Yuwa Partners in Tokyo, Japan. She has an active practice as counsel, with a particular focus on complex and cross-border disputes across a wide spectrum of matters from commercial, construction, distribution, franchise, international sales, joint venture, life science, pharmaceuticals, technology, to investment. She regularly appears before domestic court and in international arbitrations under the major institutional rules, including AAA/ICDR, ICC, KCAB, JCAA, SIAC and VIAC.  In addition to her work as counsel, Ms. Maeda also sits as arbitrator.

SATOKO FUKUI is an associate at City-Yuwa Partners in Japan. She advises and litigates on behalf of national and international clients on a wide range of corporate issues and cross-border commercial disputes. She also has substantial experience in advising on a variety of employment issues including dispute resolution, termination of employment and large-scale restructuring.
 

KOREA

DAVID MACARTHUR is Co-head of the International Arbitration practice of Anderson Mori & Tomotsune in Tokyo, Japan. Having also practiced for over a decade in Seoul, Korea, Mr. MacArthur has represented clients in nearly 50 major international commercial and investor-state arbitrations, seated primarily in Asia, Europe and North America, proceeding under all the major global and regional arbitration rules, as well as ad hoc. He often advises clients in complex disputes involving parallel proceedings, multiple parties and multiple contracts, and has frequently acted in technical categories such as life sciences and medical supply, automotive and aircraft, shipbuilding and construction, online gaming, and telecommunications.

YONGMAN BAE is a partner (attorney) at BKL in the Republic of Korea. His practice is focused on domestic and cross-border litigation/arbitration in the fields of civil and commercial disputes, as well as white collar crimes and finance litigations. He joined Bae, Kim & Lee LLC in 2010 after receiving an LLB degree from Korea University and completing the Judicial Research and Training Institute course. Yongman Bae represented not only Korean clients, but also overseas clients for various Korean lawsuits conducted in Korean courts. He also obtained an LLM from UC Berkeley School of Law and was seconded to Bae, Kim & Lee LLC’s Vietnam office in Ho Chi Minh City. He also actively engages in pro bono work related to North Korea and North Korean defectors.

JUNU KIM is a partner (attorney) at BKL in the Republic of Korea. He leads the international arbitration practice of BKL. Since he joined Bae, Kim & Lee LLC in 2005, he has represented clients in many international arbitrations seated in Seoul, Hong Kong, Singapore, New York, Paris, Tokyo and Washington, most typically under the rules of the ICC, KCAB, SIAC, JCAA and ICSID. He was particularly engaged in disputes among shareholders and M&A, licensing, sales contract, investor-state disputes. He has extensive experience in advising on litigation, preservative measures or corporate decision-making necessary at the stage of initial negotiation of disputes before international arbitration cases commence or are at the stage of execution and performance after the arbitration award has been granted.

JIHO KIM is an associate (attorney) at BKL in the Republic of Korea. Her practice areas include international disputes, construction, compliance and the Middle East. She studied communications at Seoul National University. After graduation, she worked as a political and financial journalist for the Korea Herald, an English daily newspaper in Korea. She also worked as head of the PR department in Lone Star Korea. She passed the AICPA examination and acquired ACAMS certificate. She joined Bae, Kim & Lee LLC in 2013 and was seconded to Bae, Kim & Lee LLC’s Dubai office from 2018 to 2020.
 

MALAYSIA

DARSHENDEV SINGH is a Partner with Lee Hishammuddin Allen & Gledhill. His primary area of practice is commercial dispute resolution with a focus on complex disputes relating to construction, engineering, oil & gas, and infrastructure projects. Besides regularly siting as an arbitrator and an adjudicator, he also represents clients in international and domestic arbitration, litigation, mediation and adjudication. He has been involved in numerous ad hoc as well as institutional arbitrations. The sole Malaysian recipient of the 2019 Asia Pacific Top 10 Arbitrators Award (under the age of 40 category), Darshendev Singh has also been ranked as a Next Generation Partner for Dispute Resolution in Malaysia, by The Legal 500 in its Asia Pacific 2020 Ranking and Asia Pacific 2021 Ranking.

LEONG CHEE WENG is a Partner with Tuang, Chu & Co, heading the firm's Construction Dispute Resolution and the International Arbitration Practice Group. He regularly represents clients in complex and high-value disputes in all levels of the Malaysian courts, Arbitration, Mediation and Adjudication under the Construction Industry Payment and Adjudication Act 2012.  He is often engaged to review and draft various contracts and render practical and constructive advice to clients  from both legal and commercial perspectives. Chee Weng works with clients from a wide range of industries including property developers, manufacturers, foreign state-owned companies, suppliers and contractors. He has previously advised and acted for clients in disputes relating to, amongst others, construction of a biopharmaceutical plant, construction of a mixed development with an estimated project size of RM350 million, construction of a fuel hydrant pipeline in KLIA, supply of Malaysian passport and construction of a waste treatment plant, which is the first of its kind in Malaysia. He also had been previously engaged to advise an international company on the Malaysian Light Railway Transit project valued at approximately RM16.63 billion.  Chee Weng was called to the Bar of England & Wales and High Court of Malaya. He worked in a top-tier dispute resolution law firm, Lee Hishammuddin Allen & Gledhill (under the Energy, Infrastructure & Projects and International Arbitration Practice Group), prior to joining TCC. He is the author of numerous publications and a frequent speaker at conferences.
 

NEW ZEALAND

LAUREN LINDSAY is a barrister and international lawyer at Bankside Chambers (Auckland and Singapore). She has a wide-ranging commercial litigation and international arbitration practice. She appears as counsel in international commercial and investment treaty arbitrations across the Americas, Europe and Asia-Pacific. Ms. Lindsay was recently described as a "leading junior barrister and a tireless and highly intelligent lawyer" (Chambers and Partners 2021).  Ms. Lindsay is admitted in New Zealand and England & Wales and maintains practising certificates in both jurisdictions. She acts as lead and junior counsel on all types of commercial cases and has particular expertise in the life sciences, pharmaceutical, telecommunications, energy, insurance and financial services sectors. She is often instructed to assist parties to deal with complex damages claims. 

SALLY TRAFFORD is a litigator and dispute resolution specialist with significant international experience in both complex commercial litigation and arbitration. She has a broad range of commercial, civil and regulatory litigation and dispute resolution experience as well as a substantial advisory practice. She advises clients on contentious contractual, corporate, insolvency, property and trusts disputes.
 

PAKISTAN

RANA SAJJAD is a dual-qualified lawyer (licensed in New York and Pakistan) having over 15 years’ experience of practicing law in Pakistan and the U.S. in practice areas including contracts, cross-border transactions, commercial litigation and domestic and international arbitration. Mr. Sajjad is a Partner at the Lahore-based law firm of Rana Ijaz & Partners and the Founder & President of the Center for International Investment and Commercial Arbitration (CIICA), Pakistan’s first international arbitration center. He is a Fellow of the Chartered Institute of Arbitrators (CIArb) and an accredited mediator of the Singapore International Mediation Institute (SIMI).
 

PHILIPPINES

RICARDO MA. P.G. ONGKIKO is a senior partner in SyCip Salazar Hernandez & Gatmaitan, the Head of its Litigation Department, and a Regular Member of its Executive Committee. He has handled and tried a broad range of cases involving contract disputes, real property disputes, debt recovery, infrastructure and engineering disputes, intra-corporate controversies, insurance cases, and tort. He also has extensive experience in international and domestic arbitration dealing with commercial and construction disputes. Mr. Ongkiko also serves as director and corporate secretary of several corporations. He is an accredited arbitrator of the PIArb, PDRC, the Construction Industry Arbitration Commission, the Philippine International Center for Conflict Resolution, the Intellectual Property Office, among others.
 

RUSSIA

NATALIA PRISEKINA is a partner and head of the Far Eastern Office at Pepeliaev Group LLC in the Russian Federation. She has vast experience in cross-border commercial and corporate transactions in maritime, transportation and employment law, as well as in civil and international litigation; she has a track record in legal professional practice of more than 25 years. Ms. Prisekina has personally participated in providing legal support for major transactions in the Far East of Russia. She is a Professor of the International Public and Private Law Chair of the Far Eastern State University School of Law; she heads the Far Eastern Division of the Arbitration Centre at the Russian Union of Industrialists and Entrepreneurs; she is a deputy chairman of the Council of the Primorye regional office of the Association of Lawyers of Russia for international cooperation, and an expert of the Business Ombudsman in the Primorye Territory.  She is an arbitrator and  a certified mediator.

EKATERINA SAMUSENKO is an associate at Pepeliaev Group LLC in the Russian Federation.She specialises in investment law, including the Free Port Vladivostok (FPV) and advanced development areas (ADA) special regimes. She has working experience on a board which considers and approves projects in the context of having the status of a FPV and ADA resident assigned. Ms. Samusenko is also well versed in defending the interests of residents of the free port of Vladivostok and advanced development territories of the Russian Far East when issues are handled in connection with receiving a land plot to implement an investment project, FPV residents opening a free customs zone, and when state and municipal supervisory bodies check the activities of ADA and FPV residents.
 

SINGAPORE
 

SHAUN LEONG, FCIArb is an international arbitration specialist with more than a decade of experience in complex cross border commercial disputes across a myriad of sectors. He is ranked as Singapore’s most influential, youngest international arbitration specialist from an international firm, by the Singapore Business Review, and has been recognized by AsiaLaw, a leading legal ranking directory focused on Asian markets, as a leading practitioner with an “extremely positive attitude, very responsive to requests, and [with] a good internal network for cross-border matters.” Mr. Leong served in a judicial capacity as a Magistrate and Assistant Registrar of the Supreme Court for five years, where he published several notable written judgments on international arbitration law. He is appointed Arbitrator on the panels of premier international arbitration centres including the Singapore International Arbitration Centre, and in India, China and ASEAN. 

THEODORE ANG is an Associate with Withersworldwide, Withers KhattarWong. He was admitted as an Advocate and Solicitor of the Supreme Court of Singapore in 2018.  He is an Associate in the Dispute Resolution Department, and a member of the Construction and Engineering Practice Group. His areas of practice include civil and commercial litigation, arbitration, and mediation in matters relating to contracts, torts, construction and engineering, insurance, tenancies and employment.
 

TAIWAN

HELENA H.C. CHEN is the Joint Head of Office-China and Partner at Pinsent Masons LLP.  She has vast experience in arbitration, infrastructure projects and cross-border investments. She is very experienced in acting as counsel in international arbitrations. She has served as a sole, chair or co-arbitrator in over one hundred arbitrations. She has been recognized as one of the Most in Demand Arbitrators in China by Chambers and as a leading construction lawyer (since 2011) and as a Thought Leader by Who's Who Legal. Dr. Chen is qualified in Taiwan, mainland China and New York State. She is a Fellow of the Chartered Institute of Arbitrators and the Convenor of its Taiwan Chapter.  She is listed on the panels of arbitrators of ICDR, CIETAC, SIAC, HKIAC, AIAC, KCAB, ACICA, DIAC, BAC/BIAC, SCIA, SHIAC, CAA, etc. Ms. Chen is also included in the LCIA's Database of Arbitrators and JCAA's List of Candidate Arbitrators. She has served as sole, chair or co-arbitrator in over one hundred arbitrations, under the rules of the ICC, SIAC, HKIAC, CIETAC, BAC/BIAC, SCIA, SHIAC, CAA and others.

MONICA WANG has extensive experience with intellectual property litigation and in the highly specialized area of trade secret litigation. She has represented a number of international and domestic companies from IT, pharmaceutical, semiconductor, automobile and manufacturing industries before the Intellectual Property Court in Taiwan on a wide variety of IP-related disputes. She also frequently serves as lead counsel in major trade secret litigations before the criminal courts of all levels in Taiwan, including in a high-profile trade-secrets prosecution of a Chinese chipmaker. She is a regular writer for the IAM Weekly to report on recent developments in IP law and practice in Taiwan, as well as a frequent speaker on the topic of IP protection and enforcement at various events, including one given at a symposium held by the U.S. Department of Commerce to speak on IP Enforcement in the Taiwan film and TV industry.
 

THAILAND

NARIT DIREKWATTANACHAI is a Thai attorney and an owner of the Bangkok-based law firm, Narit & Associates. With his extensive experience and expertise in both litigation work and transactional work, he advises and represents MNC clients and local clients in the areas of commercial disputes, corporate & commercial, and tax. Prior to starting his own practice, he worked with Baker & McKenzie, Bangkok Office, interned with the Investment Banking Group of DBS Bank in Singapore and Baker & McKenzie, Sydney Office, Australia. Mr. Direkwattanachai holds an LL.B. degree (1st class honors) from Chulalongkorn University, Thailand, an LLM degree from the University of Cambridge, England and an MBA in finance from the Georgia Institute of Technology, in the USA. He authored the book in English, What Every Executive Needs to Know about Thailand Tax. His legal articles in English have been published in the Property Report Magazine, Advance ‒ the Australian-Thai Chamber of Commerce Magazine, Swiss-Thai Chamber of Commerce E-Newsletter and the Thai-Norwegian Chamber of Commerce’s Legal Updates. He is regularly invited to speak at various events.
 

VIETNAM

NGUYEN TRUNG NAM (Tony) is a founding partner at EPLegal in Vietnam. Mr. Nguyen is also an arbitrator of Chartered Institute of Arbitration (CIArb), and Vietnam International Arbitration Center (VIAC). He is among the few top-tiered project & energy lawyers in Vietnam who are highly rated by Chambers, Legal500, Asialaw Profiles and other international publications.  He has spent 19 years practicing in the projects and energy industry. He has legal and contracting experience through various projects related to drilling campaigns; oil and gas production operations; sales and purchasing and technical services contracts; chartering of vessels/FPSO/FSO; and EPC/EPIC contracts. He acts as leading counsel and works on both contentious and non-contentious matters in onshore energy and infrastructure construction contracts and related dispute settlement. His is a counsel acting in litigation and alternative dispute resolution (“ADR”) practices in Asia and often represents clients in disputes in Vietnam International Arbitration Center (“VIAC”), Thai Arbitration Centre (“THAC”), and Singapore International Arbitration Center (“SIAC”). He is the first mediator and Vietnamese member certified by the Chartered Institute of International Arbitration (“CIArb”).

NGUYEN VAN SON (John) is an Associate at EPLegal in Vietnam. He has experience in corporate & investment, construction, shipping, litigation and dispute resolution, as well as experience in projects related to energy (production sharing, joint operating, cooperation, consortium and joint venture agreements, oil field services, and EPC/EPCI contracts, as well as dispute management); corporate & investment (registration of investment and enterprise, merge and acquisition, business restructuring service); construction (contract formation, property damage claims, import–export products, public–private partnership (PPP) projects); shipping (registration of vessels and flagging out, preparation of documents for ship arrest, vessel sale and purchase agreement). He has experience in litigation and alternative dispute resolution (“ADR”) practice. He  has advised claimants and respondents in disputes in Vietnamese courts, the Vietnam International Arbitration Center (“VIAC”), the Singapore International Arbitration Center (“SIAC”), and the International Chamber of Commerce (“ICC”).

From the foreword:

...in the Asia-Pacific region more goods are produced than in any other part of the world. A few key substances such as rare earths, which among others, are essential for the production of catalysts, magnets and batteries, can only be found in this region.
A faltering of production at the beginning of the global supply chain will be felt throughout the entire supply chain and ultimately, by the consumer.

In framing 34 different questions covering force majeure and hardship, Dr. Harald Sippel and Dr. Kabir Duggal demonstrate their deep understanding of international dispute resolution and key issues in cross-border contracts. The detailed answers by leading practitioners allow the reader to quickly identify the key concepts in the treatment of force majeure and hardship events in each of the jurisdictions covered as well as any differences in their treatment. Knowing what the difference is, is of vital importance. 

This book is a valuable and above all, practical contribution to the pressing issues raised by force majeure/hardship events and brought to the fore by the COVID-19 pandemic.

---Christopher Lau, Senior Counsel and Chartered Arbitrator, ranked by Chambers & Partners as one of the Most in Demand Arbitrators in the Asia-Pacific region