ORGANISATION MONDIALE DE LA PROPRIÉTÉ INTELLECTUELLE Centre d arbitrage et de médiation de l OMPI WORLD INTELLECTUAL PROPERTY ORGANIZATION WIPO Arbitration and Mediation Center Dr. Colin Yee Cheng ONG Dr. Colin Ong Legal Services Suites 2-2 to 2-4, Gadong Properties Centre Km 3-6, Jalan Gadong Bandar Seri Begawan BE 4119 Brunei Darussalam WIPO LIST OF NEUTRALS BIOGRAPHICAL DATA Telephone: +673 2 420913 Fax: +673 2 420 911 E-mail: onglegal@brunet.bn Date of Birth: September 7, 1967 Nationality: Bruneian EDUCATIONAL AND PROFESSIONAL QUALIFICATIONS PH.D., Commercial Law and Litigation, University of London, Centre for Commercial Law Studies; LLB., (Hons), University of Sheffield; LL.M., (Commercial Law) University of London, Centre for Commercial Law Studies; Diploma, International Commercial Arbitration, (London CIArb); Accredited Tutor & Examiner, Professional qualifications for Chartered Institute of Arbitrators; Fellow, Chartered Institute of Arbitrators (London); Fellow, Malaysian Institute of Arbitrators; Fellow, Arbitrators and Mediators Institute of New Zealand (Arb); Fellow, Singapore Institute of Arbitrators. Chinese: Hokkien, Teochew and Mandarain. English Malay LANGUAGES September 21, 2007 34, Chemin des Colombettes, 1211 GENÈVE 20 (SUISSE) Tel. +41 22 338 82 47 Fax +41 22 740 37 00 e-mail: arbiter.mail@wipo.int website: http://arbiter.wipo.int
2 PRESENT POSITION Lawyer and Arbitrator. Managing Partner of Dr. Colin Ong Legal Services, Advocates & Solicitors, Brunei; Panel Member of the ASEAN Protocol on Enhanced Dispute Settlement Mechanism, ASEAN; Barrister (Practising) Essex Court Chambers and of 3 Verulam Buildings, London; Member ICC Commission on Arbitration (NYC Task Force); Councillor, London Court of International Arbitration (Asia-Pacific Users); Visiting Professor of Law, King s College, University of London; Adjunct Professor of Malaysian Law, Universiti Kebangsaan Malaysia; Member of CEDR Commission on Settlement in International Arbitration; Adjunct Associate Professor (Arbitration and Construction), National University of Singapore; Visiting Fellow, University of London, School of International Arbitration (Queen Mary); Independent Arbitrator and Foreign Law Consultant of Khattar Wong, Singapore. PROFESSIONAL EXPERIENCE BEFORE PRESENT POSITION Barrister and Arbitrator of Essex Court Chambers, London, since 1992; Barrister (Door Tenant) of 3 Verulam Buildings, London, since 1996; Visiting Fellow, University of London, Centre For Commercial Law, since 1996; Adjunct Associate Professor National University of Singapore since 2004; Visiting Fellow, University of London, (Queen Mary since 1996); Former Principal Legal Consultant, ASEAN Centre for Energy, ASEAN (Jakarta) 2002-2003; Independent Arbitrator and Foreign Law Consultant of Khattar Wong, Singapore, since 2002. AREAS OF SPECIALIZATION Commercial & Corporate Practice in particular: All aspects of Commercial Arbitration (Both Counsel and Arbitrator); Intellectual Property Law including advisory and IP litigation Protection and exploitation of IP rights such as trademarks, trade names, trade secrets, domain names, information technology. Also known in the area of Banking; Construction law disputes; Private International Law; and International Joint Ventures. MEMBERSHIP IN PROFESSIONAL BODIES President, Arbitration Association of Brunei Darussalam; Academy of Law, Singapore; ASEAN Law Association; APRAG (Asia Pacific Regional Arbitration Group); ASEAN Intellectual Property Law Association; ITPA; Commercial Bar Association, London.
3 EXPERIENCE IN INTELLECTUAL PROPERTY Actively involved in advising on intellectual property matters to intellectual property rights holders and other law firms in the software, music and film industries since 1998. Regularly acts as independent counsel in advising clients or consultant to other lawyers in drafting pleadings and appearing before tribunals and courts in Brunei and negotiating solutions in various matters including passing off, parallel importation and other aspects of Intellectual property. EXPERIENCE WITH RESPECT TO DOMAIN NAMES Advising clients in development of domain name registration matters and issues of cyber squatting issues. Conducted several seminars and talks on the subject matter. Written many domain name decisions (sole and 3 member panel) at WIPO Arbitration and Mediation Center. Has taken a training course entitled the Workshop on Arbitration of Intellectual Property Disputes and on WIPO Domain Name Dispute organized by WIPO Arbitration and Mediation Center; Singapore International Arbitration Centre and the Ministry of Law of Singapore. MAJOR PUBLICATIONS Correspondent Editorial Board/Author of Journals: Asia Business Law Review (Singapore); Asian In-House Handbook (Hong Kong); Ex- Consultant Editor of Amicus Curiae (IALS, London); Advisory Board of Asian International Arbitration Journal; Editorial Board of Maritime Risk International/P&I International (London) and other international legal journals. Books and International loose leafs (excluding articles): Cross Border Litigation within ASEAN: The Prospects for Harmonization of Civil and Commercial Litigation (Kluwer Law, 1997); Euromoney s OFC Publication (1998); Trade Mark Laws of Brunei Darussalam (Oceana Publications 2002); Getting the Deal Through: Dispute Resolution (contributing author, Herbert Smith (ed), London 2004 & 2005); Brunei and Malaysian chapters in Attachment of Assets, (Juris Publishing 2005); Co-author (with Professor Dr. Priyatna) Indonesia chapter in Attachment of Assets, (Juris Publishing 2005); The International Comparative Legal Guide to International Arbitration (contributing author, Global Legal Group 2004); Co-author (with Dato Syed Ahmad Idid), Malaysian chapter, Enforcement of Money Judgements (Juris Publishing 2005); Co-author (with Datin Hayati Salleh), Brunei chapter, Enforcement of Money Judgements (Juris Publishing 2005); Chapter on Corporate Finance in Euromoney Institutional Investor IFLR 1000 (2004); Chapter in Foreign Judgments (Garb & Lew, Kluwer 2005); Chapter in Encyclopedia of International Commercial Litigation (Sir Anthony Colman(ed), Kluwer, Forthcoming 2006); The Modern Contract of Guarantee (Forthcoming Asian edition, Sweet & Maxwell).
4 EXPERIENCE IN COURT LITIGATION Litigation experience since 1992. Generally retained as lead counsel by other law firms in courts in Brunei and England and as lead counsel or counsel in international arbitrations in the ASEAN countries, England and other countries. More details can be found in any independent legal publication such as The International Who s Who of Commercial Arbitration; The International Who s Who of Inernational Commercial Litigation; Expert Guide to the World's Leading Litigation Lawyers; The International Who's Who of Banking Lawyers; Chambers & Partners Global; Legal 500; Asia-Pacific Legal 500; Asialaw Profiles and IFLR 1000. Appointed as Mediator and Conciliator. EXPERIENCE IN MEDIATION PROFESSIONAL TRAINING IN ARBITRATION Attended all the courses organized by the Chartered Institute of Arbitrators necessary to lead to and complete Fellowship grade. EXPERIENCE IN ARBITRATION Appointed as arbitrator, counsel and expert witness in both ad hoc and institutional commercial arbitrations around the world. Accredited Arbitrator and Panelist of the following International Institutions: Australian Centre for International Commercial Arbitration (ACICA); Badan Arbitrase Nasional Indonesia (Indonesian National Board); Centro de Arbitraje de Mexico (CAM); China International Economic and Trade Arbitration Commission (CIETAC) until 2008; Council for National and International Commerical Arbitration, India; Hong Kong International Arbitration Centre ICSID (pending); International Court of Arbitration of the ICC (Paris) (ad hoc list); International Center for Alternative Dispute Resolution (India); International Centre for Dispute Resolution, Ireland (American Arbitration Association); Korean Commercial Arbitration Board until 2008; Kuala Lumpur Regional Centre for Arbitration (First Panel); London Court of International Arbitration; Malaysian Institute of Arbitrators; Philippine Dispute Resolution Center; Singapore Institute of Arbitrators; Venice Chamber of National and International Arbitration (VENCA); World Intellectual Property Organisation (WIPO).
5 Ad hoc legal adviser to various quasi-governmental and investment bodies within the ASEAN countries. Retained as standing Lead counsel or counsel or Arbitrator in regional ASEAN and English and International law firms. Visiting Academic at various Universities (Top 20 Universities in the World) and Frequent speaker and participant at major legal conferences and international arbitration colloquiums.
6 ARBITRATION EXPERIENCE SUMMARY TABLE Type Administering Institution Name Number of Arbitrations Presiding Arbitrator Sole Arbitrator Role Co-arbitrator Counsel ICC 1 LCIA 2 International Arbitrations KLRCA 6 2 2 2 Ad Hoc 7 3 4 Others: +12 AAA Domestic Arbitrations Ad Hoc 2 +8 TOTAL +25
7 MEDIATION EXPERIENCE SUMMARY TABLE Type Administering Institution Name Number of Mediations Mediator Role Counsel International Mediations Ad hoc AAA Domestic Mediations (Estimates) Court-annexed Ad Hoc 6 4 2 TOTAL 6