Assignment of a claim that appears straightforward on paper can raise profound questions about the scope of the arbitration agreement, the role of party consent, and the enforceability of the resulting award. The answers vary — sometimes dramatically — depending on the applicable law.

This session will provide a structured, comparative analysis across England and Wales, Russia, Singapore, Hong Kong, mainland China, and investment arbitration:

• Is assignment of substantive claims generally permitted? Where the line is drawn and why some jurisdictions are more restrictive than others.
• Does the arbitration clause follow the claim? The tension between separability and the principle that procedural rights attach to substantive claims.
• Consent, notice, and form requirements. What formalities must be observed and the consequences of getting them wrong.
• The effect of anti-assignment clauses. Void transfer or mere breach of contract? How tribunals and courts differ.
• Issues after arbitration has commenced. Assignment mid-proceedings, substitution of parties, and the tribunal's authority.
• Enforcement and public policy risks. When assignment-related objections can defeat recognition of an award under the New York Convention.

Speakers:

Elizaveta Rachkova, Solicitor, Gherson Solicitors LLP

Dr Cong Gao, Consultant, Gherson Solicitors LLP

Dr Wing So, Barrister, Resolution Chambers

Vladimir Khvalei, Partner, Mansors

Anastasia Medvedskaya, Barrister, Outline Chambers