Deminor Wiki - ADR in Asia Conference

History

The ADR in Asia Conference emerged from the visionary establishment of Hong Kong Arbitration Week in 2011, conceived by arbitration luminaries Karen Tan, Chiann Bao, and Michael Moser as a dedicated forum for advancing dispute resolution practice in Asia. This inaugural arbitration week represented the first event of its kind globally, predating similar initiatives that would later emerge in cities such as London, Paris, Singapore, and New York. The creation of a week-long celebration of arbitration reflected Hong Kong's ambitions to cement its position as Asia's preeminent dispute resolution hub, building upon the foundation laid by HKIAC in 1985, which was established by leading businesspeople and professionals who recognised the need for sophisticated arbitration services in the region.

The conference's evolution has mirrored the dramatic transformation of Asian legal markets over the past decade. Initially focused primarily on commercial arbitration practices, the conference expanded its scope to encompass emerging areas such as investment treaty arbitration, Belt and Road Initiative disputes, and critically, the integration of litigation funding into mainstream dispute resolution. The timing of the conference's establishment proved prescient, coinciding with Asia's emergence as the world's fastest-growing economic region and the corresponding surge in cross-border commercial activity, which required sophisticated dispute resolution mechanisms.

The watershed moment for the conference's development came with the regulatory liberalisation of third-party funding across key Asian jurisdictions. Singapore's Civil Law (Amendment) Act 2017, which came into force on 1 March 2017, and Hong Kong's Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Ordinance 2017, which took effect on 1 February 2019, significantly altered the dispute resolution landscape. These legislative reforms positioned the ADR in Asia Conference at the forefront of discussions about how litigation funding could enhance access to justice whilst maintaining the integrity of arbitral proceedings, transforming the event from a regional gathering into a globally significant forum for shaping international arbitration practice.

Conference Structure and Evolution

The ADR in Asia Conference has developed a distinctive format that balances substantive legal discourse with practical commercial insights. Each annual iteration adopts a thematic approach that reflects current challenges and opportunities in the dispute resolution landscape.

The conference typically features a combination of keynote addresses from industry leaders, panel discussions with diverse stakeholder representation, and interactive workshops designed to foster the practical development of skills. Notable speakers have included senior partners from international law firms, general counsel from multinational corporations, representatives from major litigation funding organisations, sitting arbitrators from leading arbitral institutions, and government officials responsible for regulatory policy.

The integration of litigation funding discussions has become increasingly central to the conference programme. Dedicated sessions examine practical aspects of funding arrangements, including due diligence processes, structuring considerations for multi-jurisdictional disputes, disclosure obligations, and the management of potential conflicts of interest. The conference has been instrumental in developing soft law principles and best practices for funded arbitrations in Asia, with working groups regularly producing guidelines that influence market practice across the region.

The Hong Kong International Arbitration Centre (HKIAC)

As the organising institution behind the ADR in Asia Conference, HKIAC brings substantial credibility and expertise to the event. Established in 1985, the HKIAC has grown to become one of the world's leading arbitral institutions, consistently ranked among the top five most preferred arbitral institutions globally, according to the Queen Mary University of London International Arbitration Survey. The institution administers over 500 cases annually, involving parties from more than 45 jurisdictions, making it uniquely positioned to convene a conference addressing the diverse needs of the Asian dispute resolution community.

Litigation Funding Context

The relationship between the ADR in Asia Conference and the development of litigation funding in Asia is symbiotic. Before regulatory reforms permitted third-party funding, the conference provided a crucial forum for education and advocacy, helping to overcome traditional resistance rooted in common law doctrines of maintenance and champerty. Sessions featuring successful case studies from jurisdictions where funding was already established, such as Australia and England, demonstrated the potential benefits whilst addressing legitimate concerns about control, confidentiality, and conflicts of interest.

The conference has been instrumental in developing practical frameworks for implementing litigation funding in the Asian context. This includes addressing unique regional considerations such as the diversity of legal systems (spanning common law, civil law, and hybrid jurisdictions), varying approaches to legal professional privilege, different cost-shifting regimes, and cultural attitudes towards third-party involvement in disputes. The development of the Association of Litigation Funders of Hong Kong's Code of Practice for Third Party Funding of Arbitration, which came into effect alongside the legislative reforms, benefited significantly from discussions and workshops conducted during successive conferences.

Broader Industry Context

The ADR in Asia Conference operates within the context of profound changes in the global legal services industry. The rise of legal technology, including artificial intelligence applications in case assessment and document review, is a prominent feature of conference programming. Sessions examine how funders utilise data analytics to evaluate cases, the potential for blockchain technology in enforcing arbitral awards, and the implications of virtual hearings for cost management in funded cases.

Environmental, social, and governance (ESG) considerations have emerged as a significant theme, with the conference addressing how litigation funding can enable communities and stakeholders to pursue claims related to environmental damage, human rights violations, and corporate governance failures.

The Belt and Road Initiative's impact on dispute resolution continues to shape conference discussions, with sessions examining the unique challenges of infrastructure disputes, the role of Chinese arbitral institutions in BRI-related cases, and the development of specialised dispute resolution mechanisms for complex multi-party, multi-jurisdictional projects. The conference has fostered dialogue between Chinese and international practitioners about harmonising approaches to ensure effective dispute resolution for these unprecedented infrastructure investments.

Conclusion

The ADR in Asia Conference stands as the region's preeminent platform for advancing alternative dispute resolution and litigation funding, successfully bridging the diverse legal traditions, regulatory frameworks, and commercial practices that characterise Asian markets. Its establishment in 2011 as the centrepiece of the world's first arbitration week demonstrated remarkable foresight, anticipating Asia's emergence as a global economic powerhouse requiring sophisticated dispute resolution mechanisms.