Danny McFadden 范维敦 LLM, FCIArb

Similar documents
Danny McFadden LLM, FCIArb Membership of Professional Organisations

Danny McFadden. Really understands how to work well with parties from different cultures

Dr Helena H. C. Chen ( 陈希佳博士 )

Sally Harpole 何蓉. International arbitrator, mediator and attorney with over 40 years of experience in Asia.

James Corbett QC. built rapport and gained the confidence and trust. of the parties very quickly. Overview

VINAYAK P. PRADHAN. : LLB (Hons) Singapore. Appointed Acting Director of AIAC on 21 st November 2018

KIM M ROONEY CURRICULUM VITAE

Baria Ahmed - Mediation Biography

Patrick Sherrington. By concentrating on the benefits of a commercial. settlement, Patrick side swept problems. Overview

UNIVERSITY ACADEMIC QUALIFICATIONS

Miryan Weichselbaum-Gharibo

WIPO LIST OF NEUTRALS BIOGRAPHICAL DATA

ANDREW EASTGATE Mediation CV

EDUCATION AND BAR ADMISSIONS

David Daly. " he was very persuasive making sure the parties kept. the goal of settlement in mind. Overview

Soh Lieh Sieng BEng(Hons) MSc(Construction Law & Arbitration) FCIOB FCIArb FCABE FACostE FAE FSIArb FMIArb FMSAdj

THE CULTURE CHALLENGE FROM LITIGATION TO SETTLEMENT

Professional Experience

Arthur X. DONG. Partner, AnJie Law Firm. CONTACT INFORMATION Direct: Fax:

WIPO LIST OF NEUTRALS BIOGRAPHICAL DATA

Mark McGeoch. Mark helped the parties understand the risks. We chose him among the different mediators because of his robust style.

Mark Summerfield. A big thank you for a fantastic job yesterday. Not. sure how we settled but your expertise played a huge role.

MALCOLM HOLMES QC. International Arbitrations;

WIPO LIST OF NEUTRALS BIOGRAPHICAL DATA. Telephone: Fax:

Raymond Lee. Overview

ANATOMY OF INTERNATIONAL ARBITRATION. E. Y. Park Co-Head, International Arbitration & Litigation Group Kim & Chang 12 February 2018

Andrew J. Dale Partner

Maritime Arbitration in a Rising Asia: The Singapore and China Experience

BK SURCO TRAINING. presents a series of COMMERCIAL AND CONTRACT MANAGEMENT TRAINING SEMINARS. for CONSTRUCTION PROFESSIONALS

WIPO LIST OF NEUTRALS BIOGRAPHICAL DATA. Telephone: Facsimile:

WIPO LIST OF NEUTRALS BIOGRAPHICAL DATA

Summary of Arbitral Rules

Alistair Pye FCIArb. Chambers UK 2017

Hong Kong - Central. Contact. Kristi L. Swartz. (O/A as Bryan Cave LLP)

TENTATIVE PROGRAMME. Investment Law & Investor-State Mediator Training October (The course will be conducted in English)

Robert specialises in litigation and arbitration, domestic and international, in the construction, civil engineering, energy, oil and gas sectors.

Dr Karl Mackie. Karl has extensive experience in the following sectors: Commercial Employment. Engineering/Energy Entertainment Family Businesses

IT and telecoms; Power; Oil & Gas; Shareholder/JV; International trade/commodities; M&A; Consultancy/agency agreements; Financial services; Sport

Cameron Scott Essex Street London WC2R 3AA Profile

Professional Background 2015-present: Partner, King & Spalding, International Arbitration Group, Singapore

MALCOLM HOLMES QC, BA, LLB (Sydney), BCL (Oxon), FCIArb

Pinsent Masons in the UAE

CONTENTIOUS TRUST DISPUTES

Brexit Paper 2: International Arbitration

4. Drafting arbitration clauses

Pranav Mago Head (South Asia)

Introduction to Commercial Arbitration in China

CURRICULUM VITAE. Professor, University of Bucharest, Faculty of Law, Private Law Department

CROCE & Associés Avocats Avvocati Attorneys-at-law

Financial law reform: purpose and key questions

Challenges and Considerations


Henry Burnett (Harry)

Your friendly, local law firm

Geoff Sharp. Geoff Sharp is a commercial mediator working in New Zealand, the Asia Pacific region and the Middle East.

Admissions. Barrister: 9 August 1996 Solicitor: 3 July Jurisdictions

DISPUTE RESOLUTION SIMPLIFYING MATTERS

South East Asia in focus BLP s Private Client practice

I write to update you on the latest developments with respect to the Asia Aluminum Group and actions going forward.

One Belt One Road and Investment Treaty Disputes

Arbitration Expanding Opportunities for Lawyers. Jamaican Bar Association/General Legal Council Continuing Legal Education Seminar

Arbitration and Forum Shopping in the Seat

Important Information

Resume. Gary McGowan. Arbitrated over 155 matters (AAA, CPR, ICC, ICDR, and Ad Hoc). Examples:

International Commercial Agreements

Legal integration: the importance of UNCITRAL standards

KEYNOTE SPEAKER S PROFILE. Professor Surya Subedi, University of Leeds

English Law. A two day course for Non-UK Lawyers. This course is presented in London on: October 2018, 1-2 April 2019, 7-8 November 2019

Geographical Experience. Home Office: Malaysia.

CEDR Accredited in 1996, has been acting as a commercial mediator on a regular basis since then and as an independent mediator since 1998.

Take ownership of your career

Nigel White. Profile. Expertise:

International Dispute Resolution Masterclass Beijing, October 2016

PARIS FRANCE. UIA Training course Mediation Advocacy: Skills and Strategies for Legal Representatives in Mediation

Insolvency. Professional Negligence Commercial Contracts. Property Corporate Fraud. Insurance. Public Sector Employment & Workplace.

DISPUTE RESOLUTION AND GOVERNING LAW CLAUSES IN CHINA-RELATED COMMERCIAL CONTRACTS LEGAL GUIDE FIFTH EDITION

VIETNAM INTERNATIONAL ARBITRATION CENTRE AT THE CHAMBER OF COMMERCE AND INDUSTRY

CHANAKA KUMARASINGHE PARTNER, HFW. Offshore Contract Performance and Termination

Arbitration in the PRC A Real Alternative or Not?

60 TH UIA CONGRESS BUDAPEST/HUNGARY - OCTOBER 28 - NOVEMBER 1, 2016

Arbitration in Indonesia -Japanese Investors PerspectiveShintaro Uno. Nishimura & Asahi

International Arbitration

Carolyn H. Jackson. Partner London p +44 (0) Practices. Memberships. Industries.

Pinsent Masons in Spain

Stephen Bate. Success was to a large extent due to the skill, expertise and

CASE STUDY: INTERNATIONAL ARBITRATION FRAMEWORK AND PRACTICE IN TURKEY by BENNAR AYDOĞDU 1

JULIAN D M LEW QC. Arbitrator

Employment Practices Liability Coverage Section

Preparing for ASEAN Economic Integration

Adrian Hughes QC. Year called 1984 Silk 2006

INTERNATIONAL TAX PLANNING MASTERCLASS THE VIETNAMESE CONTEXT Monday 4 th July 2011 Mercure La Gare, Hanoi

Derek Johnston Commercial Barrister and Arbitrator

T F

WHY CHOOSE HFW? GENEVA

OUR MISSION IS TO SERVE today's most successful people and their businesses

THOMAS LAZUR. Declan Redmond T: +44 (0) E:

Ann Ryan Robertson International Partner

CMS Guide to Arbitration

Omar is recommended as a leading junior in the most recent editions of Chambers and Partners and Legal 500.

slaughter and may Detail from Sea Hook by Trevor Bell Dispute Resolution

Transcription:

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 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

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

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

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

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

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

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 2012 7

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 2010 1st 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 2006 8