DISPUTES CHINESE P

China has been Cambodia’s largest foreign direct investor between 2013 and 2019, investing in infrastructure, resource development and tourism in particular.

In parallel, Chinese exports to Cambodia increased by 150% over the same period.

On 12 October 2020, China and Cambodia signed a Free Trade Agreement (FTA). The FTA is expected to further strengthen economic ties and trade between the two countries. It also makes Cambodia an integral part of China’s Belt and Road Initiative in Southeast Asia.

he rapid increase in trade and in estment bet een both countries ill necessaril lead to an increase in disputes bet een hinese and ambodia entities or entities operating in ambodia.

hat are the peculiarities o disputes in ol ing hinese parties hat are the recent e olutions o

the legal rame ork rele ant to those disputes in hina and ambodia o to best prepare or and

success ull resol e those disputes

dispute resolution la er and international arbitration

la er ith e tensi e e perience in disputes in ol ing hinese parties ill address these issues during our ebinar on 25 anuar . he ill also ans er uestions participants ma ha e in relation to such disputes.

+855 23 999 567T www.bun-associates.comW

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anking inanceorporate and Mispute esolutionun ssociates hnom enh

JACOMY Emmanuel, International Arbitration Shearman & Sterling

+855 23 999 567T www.bun-associates.comW

un ssociates is an independent la irm dul registered ith the ar ssociation o the ingdom o ambodia. n a ard- inning la irm in Cambodia, it provides innovative, high quality legal advice

and services to domestic and international clients. Its three founding principles: commitment, professionalism and quality have persisted throughout the irm s rapid gro th and are the root o its e cellent reputation. s a ull-ser ice irm un ssociates ad ises clients in di erse areas such as banking and inance insurance health corporate and M tax and custom, real estate and construction, commercial contracts, energy and mining, labor and employment, telecommunication and new technology, commercial litigation, agro-business, and intellectual property.

he irm also o ers pri ate client ser ices legal translation and certi ications. he irm bene its rom being ambodian and international in its management structure, identity and approach. It takes pride in its integrated, multi-disciplinary team of legal experts with advanced legal degrees from some of the most renowned universities in Asia, Australia, Europe and the US and covering a multitude of languages. Bun & Associates have since 2017 consecutively named the Cambodia a o the ear b sia a sia- aci ic egal ractice ards and has been consistentl ranked a top tier la irm b sia a egal 500 Chambers and Partners and IFLR 1000.

Bun Youdy President, National Commercial Arbitration Centre Managing Partner, Bun & Associates Mobile: +855 (0) 12 817 817Email: president@ncac.org.kh

bun@bun-associates.com

Professional Experience

At Bun & Associates, Youdy co-lead various practice groups, namely Banking & Finance, Corporate and M&A, Dispute Resolution, Telecom & New Technology, and Oil & Mining. He has a wide range of clientele consisting of large financial institutions, foreign EXIM banks, fund managers, ministries and foreign and international development agencies.

Youdy is currently the President of National Commercial Arbitration Centre of Cambodia (NCAC). He has been involved with arbitration in Cambodia and NCAC since the early stages of the development of the sector. He was among the first generation commercial arbitrators admitted to the NCAC panel and was one of the Centre’s founding board members. He also sat on the NCAC’s Appointment Committee which is entrusted to decide on arbitrators’ appointment and jurisdictional challenges related matters. In addition, Youdy is a Fellow of the Singapore Institute of Arbitrators (SIArb) since 2015.

Some of Youdy’s notable arbitration related works include acting for an international construction company to successfully enforce a foreign arbitration award in Cambodia under the New York Convention; sitting as an arbitrator in a construction dispute; and acting as lead counsel in an arbitration proceeding relating to a dispute arising out of a public infrastructure project. He had also been engaged to provide expert opinion on Cambodian law aspect in relation to an investment arbitration dispute under ICSID as well as a commercial arbitration case administered by an international arbitration centre.

Youdy has been consistently ranked a top tier lawyer in Cambodia by IFLR 1000, Legal500, Chambers & Partners; and won numerous awards for legal practice in Cambodia including 2019 Practitioner of Year and 2020 Client Excellent Award by Asialaw. Most recently, he was named in Asia Best Lawyers 2020 by International Financial Law Review.

Youdy serves the private sector business community through his role as the Secretary General of the European Chamber of Commerce in Cambodia (Eurocham). He is also active in social pro bono work and is a founding board member of Teach for Cambodia, an NGO whose mission is to work with the public and private sectors to build new source of talent for the public education sector and its broader context.

Committee which is entrusted to decide on arbitrators’ appointment and jurisdictional challenges related matters. In addition, Youdy is a Fellow of the Singapore Institute of Arbitrators (SIArb) since 2015.

Some of Youdy’s notable arbitration related works include acting for an international construction company to successfully enforce a foreign arbitration award in Cambodia under the New York Convention; sitting as an arbitrator in a construction dispute; and acting as lead counsel in an arbitration proceeding relating to a dispute arising out of a public infrastructure project. He had also been engaged to provide expert opinion on Cambodian law aspect in relation to an investment arbitration dispute under ICSID as well as a commercial arbitration case administered by an international arbitration centre.

Youdy has been consistently ranked a top tier lawyer in Cambodia by IFLR 1000, Legal500, Chambers & Partners; and won numerous awards for legal practice in Cambodia including 2019 Practitioner of Year and 2020 Client Excellent Award by Asialaw. Most recently, he was named in Asia Best Lawyers 2020 by International Financial Law Review.

Youdy serves the private sector business community through his role as the Secretary General of the European Chamber of Commerce in Cambodia (Eurocham). He is also active in social pro bono work and is a founding board member of Teach for Cambodia, an NGO whose mission is to work with the public and private sectors to build new source of talent for the public education sector and its broader context.

Shearman & Sterling was founded in 1873.

Shearman & Sterling has a long and distinguished history of supporting our clients wherever they do business, from major financial centers to emerging and growth markets. We represent many of the world’s leading corporations and major financial institutions, as well as emerging growth companies, governments and state-owned enterprises – often working on ground-breaking, precedent-setting matters. With a deep understanding of our clients’ businesses and the industries where they operate, our work is driven by their need for outstanding legal and commercial advice. We have over 850 lawyers around the world speaking more than 70 languages and practicing US, English, French, German, Italian, Hong Kong, OHADA and Saudi law. Combining legal knowledge with industry expertise, our team provides commercial advice to help our clients achieve their ambitions. We are committed to forging long-term relationships by providing genuine insight and practical advice to clients as they navigate the challenges of the 21st century global economy.

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Beijing T +86 10 5922 8000 M +86 159 2076 5289 emmanuel.jacomy@shearman.com

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Emmanuel Jacomy BIOGRAPHY

Emmanuel Jacomy is a partner in Shearman & Sterling’s International Arbitration practice, based in Beijing and Singapore.

Emmanuel advises and represents companies, State-owned entities and governments in international commercial and investment treaty arbitrations under all major arbitration rules (including ICSID, ICC, HKIAC, LCIA, SIAC and UNCITRAL), with focus on investment, oil & gas, energy and mining disputes, as well as disputes having a Chinese and an African nexus. He also acts as arbitrator, including in disputes involving Chinese parties, and represents clients in litigation before national courts and international criminal courts.

Emmanuel was recently appointed to the Expert Advisory Committee of the International Institute for Dispute Settlement Prevention (IIDPS), jointly established by the China Council for the Promotion of International Trade (CCPIT) and the Beijing Institute of Technology (BIT).

He is an Adjunct Professor at the University of International Business and Economics (Beijing), where he teaches international commercial and investment arbitration. He also is a Visiting lecturer at the National University of Singapore (NUS) and Tsinghua University (Beijing), and is a Member of ICCA-Tsinghua University Working Group on Chinese Arbitration Practice. He publishes and speaks regularly on issues of investment arbitration and international commercial arbitration.

Peers have described Emmanuel as “one of the brightest arbitration practitioners” of his generation. Clients also praise him for being “an extremely bright lawyer”, “quick on his feet” and “attentive to the needs of Chinese clients”, whose “expertise in investment treaty arbitration and public international law background are highly regarded”. Emmanuel is featured in Chambers, Legal 500 as well as in Who’s Who Legal: Arbitration Future Leaders 2020, which profiles the foremost practitioners in the global arbitration community aged 45 and under.

He is actively involved in the firm’s International Pro Bono Program, currently representing victims of the Khmer Rouge regime before the Extraordinary Chambers in the Courts of Cambodia (“ECCC”), a United Nations-supported tribunal set up to bring to trial senior leaders of the regime led by Pol Pot in Cambodia from 1975 to 1979.

Emmanuel Jacomy holds a Master (DEA) of International Economic Law from Panthéon-Sorbonne University (Paris I) and a Master of Science in Management from HEC School of Management. He is qualified to practice in France, England and Wales, and Cambodia. He speaks English, French and Mandarin Chinese.