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, Asian Lawyers Association, 48 Group, British Expertise and a Fellow of the Chartered Institute of Arbitrators. Mediator, Arbitrator and Lawyer, Managing Director CEDR Asia Pacific Suite 905, 9/F, Queen s Place, 74 Queen s Road Central, Hong Kong Tel: 28691816 Fax: 28691307 e-mail: dmcfadden@cedr.com.hk Fluent in Mandarin Chinese and English Mediation Experience Professional Experience as a Neutral in ADR procedures: Director of Mediation and Senior Mediator United Nations Mediation Division New York Regional Mediator for South East Asia World Bank Mediator with CEDR Solve London 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 International commercial transactions Dispute involving non-delivery of steel to Asian steelmaker. International sale of goods dispute involving issues and claim of force majeure 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 \221142.1\AT06 1
General Commercial / Contractual Dispute over distribution of USA assets of Asian family company/conglomerate and apportionment of shares to the children of the owner of the company. 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 of professional negligence against a Singapore based firm of accountants and financial advisers, mediation held in Hong Kong. Claim brought by Taiwanese family firm against US banking entity. 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. Dispute involving the acquisition of financial services businesses and franchises. Alleged breach of terms in the contract of sale. Dispute involving Australian and Taiwanese joint venture partners ( in Mainland China) Mediation took place in New York USA involved claims and counter claims in respect to the ownership of shares in an educational institution. Contractual dispute about the provision of services for a major entertainment event Major international Beauty Product Company claimed breaches of a franchise \221142.1\AT06 2
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 Health Care Trust matter involving dispute between the Trust and a local authority. Claim under the Sale of Goods Act. The claimant alleged misrepresentation and fraud in the sale of electronic goods. Property / Construction 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 Involved 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. 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. Employment / Workplace / Discrimination 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. \221142.1\AT06 3
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. Career Managing Director of CEDR Asia Pacific in Hong Kong and a Director of the Centre for Effective Dispute Resolution (CEDR) London since 2004. He is dually qualified as a lawyer both in Australia and the UK and has been involved in ADR, negotiation, mediation and international business for over 20 years. Now based in Hong Kong, and as a CEDR Accredited Mediator, Danny mediates regularly in the commercial, succession and trusts, banking, insurance, employment and property sectors with a particular expertise in cross-cultural and multinational disputes. He is also currently the 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. He mediates regularly in China and in May 2012 Danny mediated a case involving a family business conglomerate with parties from Taiwan and the USA, using both English and Mandarin. In 2009 Danny acted for 3 months as the Interim Director of Mediation at United Nations in New York, mediating cases and also assisting in the selection of staff for the new Mediation Division. This followed on from 2008, when taking temporary leave of absence from CEDR; he joined the United Nations Ombudsman s Office in New York as an expert adviser on the establishment 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. In 2012 he is under contract to the UN as consultant and on call Senior Mediator Danny has worked as the Lead Assessor for the Hong Kong International Arbitration Centre and the Hong Kong Law Society plus training mediator Assessors in mediation accreditation for their respective mediator panels including supervising the assessment days. He has provided ADR consultancy services to the legislatures of Azerbaijan, China, Hong Kong, Kazakhstan, Taiwan and Vietnam. \221142.1\AT06 4
Other Dispute Resolution Experience Capacity Building During the last 8 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. Also acting as consultant 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. Currently Lecturer and Adjunct Professor Singapore Management University (SMU) Speaker on Mediation and ADR - Speaker Inaugural Singapore Mediation Lecture 2012 Speaker Shanghai Mediation Centre Conference 2012 Speaker Paris ICC Mediation Conference February 2012 Speaker Zhuhai China Conference May 2012 Speaker Taipei Taiwan, First Taiwan Mediation Conference 2011 Speaker Asian Mediation Association Conference Kuala Lumpur Malaysia 2011 Speaker Hong Kong Joint Mediation Helpline Conference HKIAC Hong Kong 2011 Speaker Kluwer Arbitration and Mediation Conference Hong Kong 2011 Speaker 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 \221142.1\AT06 5
\221142.1\AT06 6 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