10 September 2020
A panel at GAR Interactive: Singapore highlighted the impact of covid-19 on commercial and investment arbitration and the challenges of virtual hearings, also asking whether it might lead parties to rethink their choice of arbitral seat.
17 September 2020
A panel at GAR Interactive: Singapore asked if Singapore law could be a credible alternative to English law as a governing law for international commercial contracts – and if that would require incorporating aspects of civil law to attract users from neighbouring countries.
With almost 20 years of experience working in Hong Kong, New York and London, Chiann Bao practises exclusively as an arbitrator and mediator and is a member of Arbitration Chambers. She is a fellow of the Chartered Institute of Arbitrators and a CEDR-accredited mediator. Chiann currently serves as a vice president of the ICC Court of Arbitration and is the chair of the ICC Commission task force on arbitration and ADR. She is also a member of the ICC Belt and Road Initiative Commission. From 2010 to 2016 she served as the secretary general of the Hong Kong International Arbitration Centre where she managed hundreds of arbitrations before tribunals in Asia. In 2019, Chiann was appointed an honorary senior fellow of the British Institute of International and Comparative Law. Who's Who Legal describes her as a "meticulous, smart, well-prepared and efficient arbitrator," as well as "very knowledgeable, diligent and a real diplomat." Chambers Asia Pacific ranked her as one of the most highly regarded individuals in her category and has identified her as “one of the superstars in Asian arbitration."
King & Spalding
Simon Dunbar is a partner in King & Spalding’s International Arbitration practice. With approximately 15 years of practice, Simon has been based in Singapore for more than 13 years, and his work spans the Asia-Pacific region. He has represented clients in international arbitrations under most of the major institutional rules, focusing on energy, infrastructure and joint venture disputes with a connection to Asia.
Simon is admitted to practice in England & Wales and New York, and has been granted rights of audience before the Singapore International Commercial Court (as a registered foreign lawyer). Among other accolades, Simon has been recognised in the legal directories as “an unbelievably good lawyer”, and “a formidable advocate”, whom “clients singl[e] out as being ‘very accommodating and responsive.’”
Singapore International Dispute Resolution Academy
National University of Singapore
Arbitrator and Mediator
Arnold & Porter
3 Verulam Buildings
Hanotiau & van den Berg
Clyde & Co
Simmons & Simmons
Nishimura & Asahi
Singapore International Arbitration Centre (SIAC)
Romulo Mabanta Buenaventura Sayoc & de los Angeles
Cyril Amarchand Mangaldas
Drew & Napier
Allen & Overy
Squire Patton Boggs
14:50 -15:00: Log in and Chairs’ opening remarks
Simon Dunbar, King & Spalding
Chiann Bao, Arbitration Chambers
15:00-15:40: Singaporean law as governing law: a new era for Singaporean practice?
English law governs a great many international commercial contracts and selling “the package” - English governing law plus London seat – has worked well for London’s international arbitration business. Should Singapore seek to replicate that combo by establishing Singaporean common law as a credible alternate governing law?
The panel are expected to explore:
Sapna Jhangiani QC, Clyde & Co
Gary Bell, National University of Singapore
Bernard Hanotiau, Hanotiau & van den Berg
Smitha Menon, WongPartnership
Sarah Thomas, Morrison & Foerster
15:40 – 16:25: The GAR Live Question Time on investor-state mediation, and enforcement
This session provides an opportunity for the audience to pose questions directly to an esteemed panel of arbitrators, advocates and clients. Questions can be on any of the burning issues of the day but a portion of the time will be devoted to two topics: investor state mediation and the challenging/enforcing awards.
The panel are expected to explore:
Nadja Alexander, Singapore International Dispute Resolution Academy
James Claxton, Arbitrator and Mediator
Shaneen Parikh, Cyril Amarchand Mangaldas
Kevin O’Neal, Chevron
Leilah Bruton, Three Crowns
Jane Davies Evans, 3 Verulam Buildings
16:35-17:20: The GAR Live debate: This house believes that the SIAC rules should provide parties with the opportunity to appeal on a point of law
In Oxford Union style, we will hear teams of debaters argue in favour of, or against, a motion in a lively back-and-forth. The audience will play a part in the decision through a live vote and will be encouraged to grill the panellists with further questions. Judges will also voice their opinions on what has been heard, before choosing which side to support and giving reasons for their decisions.
Philip Jeyaretnam SC, Dentons Rodyk
Judith Gill QC, Twenty Essex
Mohamed S. Abdel Wahab, Zulficar & Partners
Mahesh Rai, Drew & Napier
Amanda Lees, Simmons & Simmons
Angeline Welsh, Essex Court
John Rainbird, Allen & Overy
17:20-18:00: Determining the ‘new normal’
The covid-19 pandemic has changed the way we live and work. How revolutionary will it be for international arbitration? How many of the adaptations it has enforced will remain part of the day to day?
This session will explore the future and what it will look like.
This panel will discuss:
Kevin Nash, Singapore International Arbitration Centre (SIAC)
Kabir Duggal, Arnold & Porter
Chié Nakahara, Nishimura & Asahi
Louie Ogsimer, Romulo Mabanta Buenaventura Sayoc & de los Angeles
Barry Stimpson, Squire Patton Boggs
18.00: Chairs’ closing remarks
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