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Danny McFadden



It is a privilege to be able to assist people find solutions to seemingly intractable and tough, conflicts and disputes.

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Australia, China, Hong Kong, Indonesia, Ireland, Japan, Mongolia, Singapore, Taiwan, Province of China, Thailand, United Kingdom, United States
English, Chinese
Mediation Profile

Danny McFadden is currently Managing Director of CEDR Asia Pacific based in Hong Kong. A CEDR (UK) Director 2004 to 2015. He mediates disputes throughout the Asia Pacific region with a particular expertise in cross-cultural and multinational disputes. A fluent Mandarin speaker Danny has lived and worked throughout South East and Central Asia over many years. He has worked with parties from many different cultures both in business negotiation and mediation and has a clear understanding of the dynamics of mediating and working across international boundaries.

Previously he worked for the United Nations Ombudsman's Office in New York as an expert adviser to the  new internal UN Justice System. In 2009 Danny was appointed the UN Interim Director of Mediation, mediating cases and also assisting in the selection of staff for the new Mediation Division. In 2010 he was appointed as Regional Mediator for the World Bank and in this capacity acts as mediator and provides training to World Bank and IFC offices in South East Asia.

He is also currently engaged as on-call Senior Mediator and Consultant to the United Nations Ombudsman's Office for the Asian region.

He has provided ADR consultancy services to the legislatures in a number of countries including Azerbaijan, China, Hong Kong, Kazakhstan and Vietnam. During the last 7 years Danny has, acting as Project Manager, developed programmes and delivered courses/workshops in conflict management mediation in Azerbaijan, Cameroon, China, Hong Kong, Kazakhstan, Taiwan and Guyana to lawyers, judges and other professionals. This work included working with local partners to analyse the local legal environment and promote mediation to Government Ministers, the Judiciary and local law societies. He is a Kluwer Law Book Company author in 2013 his book “Mediation in Greater China" was published and 2017 Mediation in Singapore 2nd Edition.

International Commercial transactions

• Dispute regarding Joint Venture Chinese and US parties
• Dispute involving non-delivery of steel to Asian steelmaker.
• Dispute involving breach of fiduciary duties and alleged removal of data from former company 
• Alleged breach of Director’s duties and theft of intellectual property including client information 
• Break up of Joint Venture dispute Chinese and US parties based Hong Kong 
• 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
• 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 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.

Trusts, Wills, Probate and Closely Held Family Companies

• 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 siblings wishing to break up trust created in the Channel Islands and distribute the capital to the beneficiaries. 
• 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. Dispute over distribution of USA assets of Asian family company/conglomerate and apportionment of shares to the children of the owner of the company.
• 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.

Employment / Workplace / Discrimination

• Dispute involving employees of International Airline and Aircrew Union over long term contract. ( 7 days) 
• 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.
• 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. 
• Dismissal of CEO/Director Publicly listed company 
• Claim for unfair dismissal by staff member of international organisation 

Property / Construction

• Dispute over prolongation issues construction contract. 

• 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.

Construction & Engineering

• Claims against a 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.

Professional Negligence

• 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

Danny's feedback style is that of a flexible commercial mediator, who takes a positive, constructive approach but it also shows he is not afraid to test the parties robustly in relation to their positions and is highly pragmatic when assisting parties to consider possible solutions. His hands-on experience in international business both running his own companies and working with others, allows him to adopt a problem solving approach which tries to find real world solutions to sometimes complex disputes. His background as a businessman and later as a commercial lawyer grounds his mediation style in both business and legal perspectives when needed. He adapts his mediation style to suit the parties's needs and the requirements of the dispute.
Mediates regularly in the commercial, employment, construction, succession and trusts, banking, insurance, and property sectors with a particular expertise in cross-border and multinational disputes. (See Mediation experience case examples below) Has mediated cases in UK, USA, Australia, China, Hong Kong, Singapore, Thailand and other Asian countries. Apart from commercial cases as Regional Mediator for the World Bank and United Nations also mediates workplace cases and when selected acts as a family mediator in Hong Kong.

Available upon request

• Member of Hong Kong Government Department of Justice Mediation Steering Committee and Accreditation Sub-Committee
• Vice Chairperson HKMAAL 
• HKMAAL Member Mediation Accreditation Committee
• Hong Kong Mediation Accreditation Association Limited (HKMAAL) Council member
• FCIArb – Chartered Institute of Arbitrators
• Member of International Ombudsman Association
• International Chamber of Commerce – Hong Kong, China
• On Role The Law Society of England and Wales
• The Law Society of England and Wales ADR Sector member
• International Bar Association 
• Asian Lawyers Association (UK)
• ICC Member and Member ADR Committee Hong Kong Branch 
• World Jurist Association Member
• Justice of the Peace (Queensland)

Available upon request

Training and Education
  • Danny has worked as a trainer in many countries including Azerbaijan, China, Cameroon, Guyana, Hong Kong, Ireland, Mongolia, Singapore, Sweden, UK and the USA. 
    A Lead Trainer with CEDR Danny has trained lawyers, judges and professionals including Mediator Accreditation Training, Advocacy Training for Lawyers, Negotiation and Conflict Management Training for large corporations. In 2010 and 2012 he acted as Judge and Mediator at the ICC International Mediation Contest in Paris.
  • Adjunct Professor Kobe University Japan
  • Adjunct Professor Singapore Management University ( SMU) subject International Commercial Mediation 
  • Visiting Lecturer Hong Kong University 
  • Visiting Lecturer Xiamen University China
  • Visiting Lecturer Chinese University of Hong Kong 
  • Visiting Lecturer City University Hong Kong 
  • Visiting Lecturer Bond University Queensland Australia
  • Mediate First Conference: May 2o18 Hong Kong 2018
  • KCAB International Mediation Conference: Seoul November 2017
  • Hangzhou International Mediation Summit: September 2017
  • IBA Mediation Conference: San Francisco USA April 2017
  • Speaker & Judge Paris ICC Mediation Conference February 2017
Publications
  • Editor and Author Book: "China's International Business Transactions and Laws"2017 Kluwer Law books.
  • Editor and Author Book " Mediation in Singapore", Sweet and Maxwell, 2nd Edition 2017
  • Author Book: “Mediation in Greater China”, 2013 Kluwer Law books
  • Author Chapter: Mediation in Hong Kong”in Brock and Stone, Commercial Litigation in Hong Kong, 2013, Sweet and Maxwell 2013
    Author Chapter: "Mediation and Arbitration”(Med-Arb) in Brock and Ma, Arbitration in Hong Kong, Sweet and Maxwell, 2014
Compliance

CEDR Code of Conduct: http://www.cedr.com/about_us/modeldocs/?id=4
IMI Code of Professional Conduct

CEDR Feedback Complaint Procedures: https://www.cedr.com/solve/feedback.php and
IMI Professional Conduct Assessment Process: https://imimediation.org/professional-conduct-assessment-process

Has Allianz professional indemnity insurance. Maximum limit of Hong Kong $20,000,000.

Contact
Danny
McFadden
Danny Mcfadden
852 28691816
852 51007131
Director
CEDR Asia Pacific
Suite 18B
Cartwright Gardens
I Bonham Road
Mid-Levels
HK
Hong Kong