Coverage

GAR Live Singapore - in pictures

GAR Live Singapore - in pictures

07 June 2017

GAR Live took place in Singapore today, at Maxwell Chambers. Photos of the event are now available.

Singapore’s courts under the spotlight

Singapore’s courts under the spotlight

07 June 2017

Singapore’s courts have been less busy than usual supervising commercial arbitrations this year, GAR Live delegates heard today – but there have been a wave of applications on natural justice grounds and from overseas counsel wanting to appear before the courts in arbitration-related matters.

Singapore grabbing share of investment arbitration despite “hot potato” case

Singapore grabbing share of investment arbitration despite “hot potato” case

07 June 2017

A major change of the past few years has been Singapore’s emergence as a hub for investment treaty arbitration. Speakers at GAR Live Singapore considered its role in this regard, with particular reference to the “political hot potato” of the Sanum v Laos case.

Singapore’s seismic shift on funding

Singapore’s seismic shift on funding

07 June 2017

Speakers at GAR Live Singapore today reflected on a year that saw a “seismic shift” in the country’s attitude to third-party funding – which went from a mere possibility 12 months ago to a reality embedded in statute.

Abuse of process discussed in Singapore

Abuse of process discussed in Singapore

08 June 2017

Speakers at GAR Live Singapore yesterday considered abuses of the arbitral process – whether structuring investments for the sole purpose of bringing a claim, hitting a party with multiple claims based on the same facts or bringing a claim founded on a corrupt transaction or as a way to launder money.

Chairs

Michael Pryles

Independent Arbitrator

Dr. Michael Pryles AO PBM is an internationally regarded arbitrator, with extensive experience in Asia, Europe, North America and Australia. Chambers Asia-Pacific has consistently rated him as one of the "star individuals" who are most in demand in the Asia-Pacific region.

Michael has sat as an arbitrator in over 400 cases worldwide. He has experience of both ad hoc and institutional commercial arbitrations under the UNCITRAL, ICC, LCIA, SIAC, HKIAC, CIETAC, SCC, JCAA, KLRCA and Swiss rules; investor-state arbitrations under the ICSID rules the ICSID Additional Facility Rules and the UNCITRAL Rules (BITs, NAFTA, CAFTA and state investor protection laws).

Loretta Malintoppi

39 Essex Chambers

An Italian lawyer by training, Loretta has an LLM from Georgetown University Law Centre in Washington DC and is dually qualified, at the Rome and Paris Bars. Loretta has also been registered to practise in Singapore since 2012.

She sits as arbitrator in arbitrations under a variety of arbitration rules, including ICSID, ICC, UNCITRAL, SIAC, LCIA, Milan Chamber of Arbitration and DIAC. Aside from her native Italian, Loretta is fluent in English, French and Spanish. Loretta also regularly appears as counsel and advocate in State-to-State disputes before the International Court of Justice and in ad hoc inter-State arbitrations. She was a Member for Italy of the ICC International Court of Arbitration from 2000 to 2009 and a Vice-President of the ICC Court from 2009 until June 2015. 

Speakers

Chiann Bao

Skadden, Arps, Slate, Meagher & Flom

David Bateson

39 Essex Chambers

Olga Boltenko

CMS Hasche Sigle

Oliver Gayner

IMF Bentham

Judith Gill QC

Allen & Overy

Jean Ho Qing Ying

Assistant Professor, National University of Singapore

Philip Jeyaretnam SC

Dentons Rodyk & Davidson

Sapna Jhangiani

Clyde & Co

Edmund Kronenburg

Braddel Brothers

Amanda Lees

Simmons & Simmons

Steven Lim

CMS Cameron McKenna Nabarro Olswang

Nicholas Lingard

Freshfields Bruckhaus Deringer

Kevin Nash

Singapore International Arbitration Centre

Zachary Sharpe

Jones Day

Matthew Secomb

White & Case

Paul Tan

Rajah & Tann Singapore

Swee Yen Koh

WongPartnership

Programme

8.30: Welcome coffee and registration 

9.00: Chairs’ opening remarks 

Michael Pryles, Independent Arbitrator
Loretta Malintoppi, 39 Essex Chambers

9.10: Session one: The year in review 

Experts from around the region will discuss the latest developments in Singapore, and regionally, over the past year. What has changed, and what are the implications?

Topics the panel are expected to discuss include:  

- Developments in South-East Asia
- Annulment proceedings: What’s new?
- The impact on enforcement of the court of the seat (Yukos, Belokon, etc.)
- Developments in investment treaty making, including the uncertainties surrounding the TTIP
- Reconsideration of investment awards
- Third-party funding and the Asian market
- Arbitrators’ challenges
- Recent key cases

Moderator:
Sapna Jhangiani, Clyde & Co

Panel:

Oliver Gayner, IMF Bentham
Jean Ho Qing Ying, Assistant Professor, National University of Singapore
Nicholas Lingard, Freshfields Bruckhaus Deringer
Paul Tan, Rajah & Tann Singapore

10.40: Coffee break sponsored by Clyde & Co

11.00: Session two: Due process paranoia

It’s not uncommon for counsel to raise questions of due process, yet few awards are overturned based on a breach. So how often does a due process challenge really succeed?

In this session, the panel will discuss the issues surrounding due process, including:

- When it’s justified for counsel to raise the question of a breach of due process
- Is due process a "sword of Damocles" which intimidates arbitrators?
- Are common law concepts too pervasive?
- The impact of corruption on arbitration and arbitral awards
- Can arbitrators raise the issue of corruption proprio motu?
- Burden and standards of proof: Red flags and “clear and convincing evidence”

Moderator:
Loretta Malintoppi, 39 Essex Chambers

Panel:

Chiann Bao, Skadden, Arps, Slate, Meagher & Flom
Olga Boltenko, CMS Hasche Sigle
Matthew Secomb, White & Case
Zachary Sharpe
, Jones Day

12.30: Networking lunch 

14.00: Session three: The GAR Live Inquisition: Who’s to blame when it all goes wrong?

In a new format for GAR Live, this session will replicate a US senate committee hearing or a UK House of Commons select committee session wherein a succession of witnesses are ‘grilled’ by a panel of GAR Live inquisitors on a topic.

The panel will explore which of the various stakeholders in an arbitration is really to blame when a case takes too long, costs too much, or is annulled because of an abuse of process. Amongst others, topics will include:

- Case management - who’s arbitration is it anyway?
- The role of arbitral institutions in rendering the process more efficient. Recent rules revisions for summary disposal of claims, reduction of delays for awards, etc.
- Guerrilla tactics and disciplinary powers of tribunals

Moderator:
Steven Lim, CMS Cameron McKenna Nabarro Olswang

Inquisitors:
Judith Gill QC, Allen & Overy
Philip Jeyaretnam SC, Dentons Rodyk & Davidson

Witnesses:
Kevin Nash, Singapore International Arbitration Centre
Edmund Kronenburg, Braddell Brothers
Amanda Lees, Simmons & Simmons
David Bateson, 39 Essex Chambers

15.30: Coffee break sponsored by Clyde & Co 

16.00: Session four: The GAR Live Symposium

A return of our mini-Tylney Hall

Moderator:
Swee Yen Koh
, WongPartnership
Michael Pryles, Independent Arbitrator

17.30: Chairs’ closing remarks

Michael Pryles, Independent Arbitrator
Loretta Malintoppi, 39 Essex Chambers

17.40: Close of conference  

Venue

Maxwell Chambers, 32 Maxwell Road, #03-01, 069115, Singapore

Prices

PRIVATE PRACTITIONER
Type Price Until
Super Early £400  28 Apr 2017
Early £500 02 Jun 2017
Standard £600 07 Jun 2017
In-house/governmental
Complimentary In-house/governmetnal registration available