As part of Hong Kong Arbitration Week 2025 programming, on 21 October 2025, Skadden hosted “Navigating the Storm: Effective Crisis Management.” Friven Yeoh and Sharmistha Chakrabarti, partners in Skadden’s International Litigation and Arbitration Group, led a panel outlining a comprehensive tool kit for effectively navigating corporate crises in the 21st century, from initial stages through formal dispute resolution proceedings.
The panel included guest speakers Andrew Macintosh, a senior managing director at FTI Consulting supporting clients with risk, compliance, intelligence and investigations projects across Asia Pacific; Robert S. Pé, an independent arbitrator with Arbitration Chambers and a fellow of the Chartered Institute of Arbitrators; and Iain Seow, general counsel and company secretary at Shangri-La Asia Limited.
Participants discussed crisis definition, response strategies and risk mitigation, as well as stakeholder engagement and communication obligations. The below key takeaway suggestions emerged for firms to consider.
1. Prepare risk and response plans before incidents arise.
- Prepare in advance by assessing risks specific to your business, including the likelihood and expected impact of such risks materializing.
- Plan for the worst-case scenario and consider your options. Good preparation supports the legal defensibility of your response to a crisis if the response is later scrutinized, and having your crisis management plan and procedures vetted thoroughly (e.g. , by way of a third-party audit) may be helpful.
- Ensure there is a clear delineation of roles within the company and that everyone is aware of their responsibilities.
2. Get advice early.
- Consider engaging your external advisors (including communications experts and external counsel) before the crisis arises and have them participate in crisis planning sessions or simulations. Don’t underestimate the benefits of having your “go to” advisory team ready to go, especially given the urgency once a crisis arises.
- Involving litigation counsel at the contract-drafting stage may be helpful to minimize issues down the road (e.g. , ensuring clearly drafted force majeure or material adverse change clauses and clearly specified procedures to resolve disputes).
3. Remember all your different stakeholders.
- Contemplate your messaging to various stakeholders — shareholders, regulators, consumers, etc. Make sure there is an “agreed” set of facts within the company so that consistent and accurate information is put out to the public, especially if an investigation is ongoing and facts are still being uncovered.
- Consider the human element of a crisis and those who may be personally impacted.
4. Explore procedures that can help resolve any disputes swiftly.
- Take advantage of procedures that may be available in arbitral institutional rules to resolve disputes quickly (e.g. , emergency arbitration, requesting early determination of certain issues, opting for expedited procedures, etc.).
5. Invest in and maintain connection through recovery.
- Continue communicating with stakeholders after the crisis has settled and focus on rebuilding trust.