Overview

The nature, scope and approach to disputes in Asia has been radically changed by the impact of COVID-19; perhaps forever. A panel comprising dispute resolution experts and business leaders explored a range of consequences of the severe business disruptions caused by the pandemic, including supply chain disputes, heightened risk of insolvency, and an increase in white collar crime and other fraudulent activity. The panel also considered novel issues which could potentially impact how disputes are resolved in a post-Covid world; a world in which, more than ever, business leaders will come under increased pressure to mitigate risk, manage conflicts and resolve complex commercial disputes whilst minimising disruption to their business and protecting key business relationships.

Discussion points

• Contractual disputes: key risks in the current climate
• Managing supply chain risks
• Force majeure considerations in a potential second wave
• Risks in managing a potential increase in corporate fraud matter (such as circular transactions) during an economic downturn
• Increased use of ADR as a means to protect interests but also critical business relationships

Speakers

• David Gilmore, managing partner – Japan & South Korea, Herbert Smith Freehills
• Craig Shepherd, partner and global head of contentious construction and infrastructure, Herbert Smith Freehills
• James Allsop, of counsel, Herbert Smith Freehills
• Yosuke Homma, senior associate, Herbert Smith Freehills
• Hajime Seki, corporate officer, head of legal, Amgen K.K.
• Kenji Tagaya, general counsel, executive officer, head of the legal group, JERA

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