Danny McFadden 范维敦 LLM, FCIArb

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CEDR Accreditation: CEDR Panel Member Since: 2003 2004 Languages: Location: English Mandarin Hong Kong Danny McFadden 范维敦 LLM, FCIArb Managing Director CEDR Asia Pacific Mediator, Arbitrator and

Mediation Feedback Overview Danny McFadden has been a Director of the Centre for Effective Dispute Resolution (CEDR) since 2004 and is the Managing Director of CEDR Asia Pacific, based in Hong Kong.

1 CEDR Accreditation: CEDR Panel Member Since: Languages: Location: English Mandarin Hong Kong Danny McFadden 范维敦 LLM, FCIArb Managing Director CEDR Asia Pacific Mediator, Arbitrator and Lawyer Persistent and calm throughout although could be direct and tough when necessary. Mediation Feedback Overview Danny McFadden has been a Director of the Centre for Effective Dispute Resolution (CEDR) since 2004 and is the Managing Director of CEDR Asia Pacific, based in Hong Kong. with a particular expertise in cross-cultural and multinational disputes. He is the current Regional Mediator for the World Bank and United Nations in Asia. Danny speaks Mandarin Chinese fluently having studied in Taiwan for 3 years at the National Taiwan Normal University ( 國立臺灣師範大學 ) in the early 1980s. A regular mediator in mainland China Danny mediated a case involving a family business conglomerate with parties from Taiwan and the USA, using both English and Mandarin. Professional Background Danny is dually qualified lawyer in both Australia and the UK and has been involved in ADR, negotiation, mediation and international business for over 20 years. Before moving to Hong Kong Danny worked as a mediator and consultant as a Director at CEDR s Headquarters in London. During has career Danny has worked as specialist adviser and later Interim Director of Mediation at United Nations in New York. His worked included mediating for the UN and also assisting in the 1

2 development of a new Mediation Division. His report on the design of an integrated conflict resolution system formed part of the terms of reference for mediation in the new internal UN Justice System. He has help develop mediation processes in many legislatures including Azerbaijan, China, Hong Kong, Kazakhstan, Taiwan and Vietnam. He is currently the Lead Assessor for the Hong Kong International Arbitration Centre and the Hong Kong Law Society to train mediator Assessors in mediation accreditation for their respective mediator panels including supervising the assessment days. Expertise Banking & Finance Construction & Engineering Professional Negligence Employment & Workplace Insurance Property Family Businesses Partnership & Shareholder Trusts, Wills & Probate Commercial Contracts Dispute Experience Banking & Finance: Dispute involving the acquisition of financial services businesses and franchises. Alleged breach of terms in the contract of sale Commercial Contracts Dispute involving Australian and Taiwanese joint venture partners ( in Mainland China) Contractual dispute about the provision of services for a major entertainment event Major international Beauty Product Company claimed breaches of a franchise agreement and alleged sale of some products not within the scope of the franchise agreement Contractual dispute involving the interpretation of a Clause in a Business Transfer Agreement Claim under the Sale of Goods Act. The claimant alleged misrepresentation and fraud in the sale of electronic goods Dispute involving non delivery of steel to Asian steelmaker International sale of goods dispute involving issues and claim of force majeure 2

3 Chinese party claim for breach of sale of goods contract with European trader US company claim for compensation for delay in delivery of goods from Philippines European company claim and counterclaims involving sale of goods to China based entity Dispute involving claim for damages for late delivery and damage to electronic goods delivered to European company from China Construction & Engineering Claims against a firm of Architects who were alleged to have provided unsatisfactory plans to the owner of a listed property resulting in a wall collapsing which caused damage to the client s property Quantity Surveyor sued client for non-payment for services rendered. Client counter claimed said work did not satisfy local authorities and therefore not of a standard to be expected of a reasonably competent Surveyor. Employment & Workplace Complex employment dispute in an International Organisation legal actions taking place in multiple jurisdictions. High profile case involving issues of reputation and publicity. Alleged racial discrimination in the workplace and claimant being bypassed for promotion. Highly emotive parties requiring appropriate people skills. Claim for reinstatement to position and remuneration level due to breach of natural justice. Employment claim for unfair dismissal and allegations of inappropriate conduct involving a legal firm. Case involved long serving employee who had been denied the correct civil service grading for her experience and actual job responsibility. Claim involved compensation and upgrading of employment status. Family Businesses Dispute over distribution of USA assets of Asian family company/conglomerate and apportionment of shares to the children of the owner of the company. 3

4 Claim by Elder brother wishing to break up trust created in the Channel Islands and distribute the capital to the beneficiaries. Upon death of wealthy Asian owner of business, dispute involving claims and counterclaims for monies and property held in trust by partners and family members. Action in Hong Kong court to overturn decision of Trustee in distribution/breakup of assets of Singapore Chinese family firm. Daughter of founder Hong Kong business conglomerate filed a wind-up petition in Hong Kong unless her siblings buy out her share in the family business. Also action to remove XX as a beneficiary of the family trusts. Claim brought by Taiwanese family firm against US banking entity. Neighbourhood Multiple claims by Tenants of house in a dispute over use of communal facilities and behaviour issues with children Very complex and bitter dispute between neighbours in adjoining properties. Involved allegations of racism, bullying and threatening behaviour. Partnership & Shareholder: Mediation in New York USA involving claims and counter claims in respect to the ownership of shares in an educational institution Professional Negligence Claim of professional negligence against a Singapore based firm of accountants and financial advisers, mediation held in Hong Kong. Alleged professional negligence by financial adviser. Clients alleged that their financial adviser was negligent in recommending they enter into Individual Voluntary Arrangements (IVAs) Professional negligence Hong Kong financial adviser company and high wealth Hong Kong client Clients claim for professional negligence against Hong Kong law firm with regard to alleged discrepancies in the trust account Claim against bank financial advisers for advice rendered Asian parties. 4

5 Property Multiple parties (36 owners of freehold property) represented at mediation by 13 parties. Argument as to the actual boundary of the alley at the rear of the relevant properties Dispute about the ownership of a property held in a charitable trust involving members of an ethic community in London Claim by commercial landlord for payment of rent and service charges pursuant to a lease agreement Trusts, Wills & Probate: Health Care Trust matter involving dispute between the Trust and a local authority. Other Experience Capacity Building During the last 7 years Danny has, acting as Project Manager, developed programmes and delivered courses/workshops in mediation in Azerbaijan, Cameroon, China, Hong Kong, Kazakhstan, Taiwan and Guyana to lawyers, judges and other professionals. This work included working with local partners to analyse the local legal environment and promote mediation to Government Ministers, the Judiciary and local law societies. Training A Lead Trainer with CEDR Danny has trained lawyers, judges and professionals in many countries including India, China, Hong Kong, Pakistan, Ireland, UK and Sweden. This training includes Mediator Accreditation Training, Advocacy Training for Lawyers, Negotiation and Conflict Management Training for large corporations. In 2010 and 2012 acted as Judge and Mediator at the ICC International Mediation Contest in Paris. ADR Roles Senior Mediator United Nations Mediation Division New York Regional Mediator South East Asia World Bank Mediator with CEDR Solve London 5

6 HKIAC Accredited Mediator Mediator CCPIT Mediation Centre Beijing China Mediator Beijing Arbitration Commission China Mediation Panel of ADR Chambers International Arbitrator and Expert Adjudicator CEDR London Mediator International Mediation Institute, The Hague, The Netherlands Personal Style Danny s style is that of a facilitative mediator, who takes a positive, constructive approach but he is not afraid to test the parties in relation to their positions and is highly pragmatic when assisting parties to consider possible solutions. His hands-on experience in international business both running his own companies and working with others, allows him to adopt a problem solving approach which tries to find real world solutions to sometimes complex disputes. He is a fluent Chinese Mandarin speaker and has lived and worked throughout South East and Central Asia over many years. He has worked with parties from many different cultures both in business negotiation and mediation. He has a clear understanding of the dynamics of mediating and working across national boundaries. Danny is a firm believer in thorough preparation and where possible pre-mediation contact with both sides. He creates early rapport with the parties, building on this to shift focus during the mediation towards the problem as a shared obstacle, one which can only be resolved through good communication between both sides assisted when needed by the mediator. Feedback Persistent and calm throughout although could be direct and tough when necessary. Really understands how to work well with parties from different cultures Danny was excellent, very calm, and very neutral. He never once gave the impression that he thought a deal could not somehow be done and eventually with his support it was. 6

7 He was friendly, professional and had obviously read the papers, very well prepared His assistance at the mediation was invaluable Would definitely use him again. Membership of Professional Organisations The Law Society of England and Wales The Law Society of England and Wales ADR Sector member International Bar Association FCIArb Chartered Institute of Arbitrators Asian Lawyers Association (UK) British Enterprise World Jurist Association Justice of the Peace (Queensland) Education 2003 Master of Laws -LL.M, Queensland University of Technology 2000 Graduate Diploma in Legal Practice, Queensland University of Technology 2000 LLB (Hons), University of Queensland 2005 Diploma in Arbitration, Chartered Institute of Arbitrators London 1983/1988 BA Asian International Studies, Griffith University 1984/1987 Chinese Language and Cultural Studies, National Taiwan Normal University 1995 Indonesian Language and Culture, University of Satya Wacana Indonesia Speaker on Mediation and ADR Speaker Shanghai Mediation Centre Conference 2012 Speaker Paris ICC Mediation Conference February 2012 Zhuhai China Conference May

8 Speaker Taipei Taiwan, First Taiwan Mediation Conference 2011 Asian Mediation Association Conference Kuala Lumpur Malaysia 2011 Hong Kong Joint Mediation Helpline Conference HKIAC Hong Kong 2011 Kluwer Arbitration and Mediation Conference Hong Kong 2011 East Asia Branch of the Chartered Institute of Arbitrators Hong Kong 2010 Hanoi Young Lawyers Club 2010 IHG International Conference Shanghai st Asian Mediation Association Conference Singapore 2009 Workshops with Vietnam Lawyers Association on Arbitration Law 2009 Speaker ADR in Asia Conference Hong Kong 2009 CEDR Commission on Settlement in International Arbitration London 2009 Presentation to United Nations lawyers on the use of ADR 2009 Vienna Conference The Rule of Law World Jurist Association 2009 Workshops Hong Kong Court s administration staff 2009 Stockholm Conference on Resolving Business Disputes in Today's China 2008 Consumer Arbitration in Europe Conference Granada Spain 2008 Dispute Resolution in China Conference New York 2008 Workshops with Hong Kong Judiciary on Mediation 2008 Hong Kong ADR in Asia Conference 2007 Mediators Institute of Ireland Annual Conference workshop Advanced Negotiation 2007 In 2007 organized and coordinated 4 hour seminars conducted in Mandarin Chinese in Beijing, Chongqing, Guangzhou and Shanghai with the CCPIT Mediation Centre. The Role of ADR in Administration Law Conference Warsaw Poland

Danny McFadden LLM, FCIArb Membership of Professional Organisations

Danny McFadden LLM, FCIArb Membership of Professional Organisations Danny is a member of the Law Society of England and Wales, Civil Mediation Council, International Bar Association, World Jurist Association,