Coverage

Arbitrators share views on Belt and Road and more

Arbitrators share views on Belt and Road and more

14 June 2018

A panel of arbitrators at GAR Live Singapore considered how the shift in economic power from west to east and China’s Belt and Road initiative will change arbitration, whether more use should be made of tribunal-appointed experts and how the legalisation of third-party funding has affected the region.

Chairs

Matthew Secomb

White & Case

Matthew Secomb's practice focuses on international arbitration, with a particular emphasis on energy and construction disputes. Faced with complex proceedings where billions can be at stake, clients look to Matthew for his cutting-edge advocacy skills and essential insider know-how.

Amanda Lees

Simmons & Simmons

Amanda specialises in cross border dispute resolution through international arbitration and complex multi-forum litigation. She has experience acting in international arbitrations in Asia and Australia and related stay, anti-suit and anti-arbitration applications. Amanda also sits as an arbitrator in commodities and commercial disputes.

Speakers

Chiann Bao

Skadden, Arps, Slate, Meagher & Flom

Lawrence Boo

The Arbitration Chambers

Jane Davies Evans

3 Verulam Buildings

Tony Dymond

Debevoise & Plimpton

Paul Friedland

White & Case

Jacques-Alexandre Genet

Archipel

Shreyas Jayasimha

Aarna Law

Sapna Jhangiani

Clyde & Co

Joongi Kim

Yonsei University

Robert Kirkness

Freshfields Bruckhaus Deringer

Christopher Lau SC

3 Verulam Buildings

Wendy Lin

WongPartnership

Lucy Martinez

Independent Consultant

Kevin Nash

SIAC

Philip Norman

Simmons & Simmons

Michael Pryles AO PBM

Independent Arbitrator

Jessica Pyman

Mintz Group

Julie Raneda

Schellenberg Wittmer

Gitta Satryani

Herbert Smith Freehills

Barry Stimpson

Reed Smith

Jimmy Yim, SC

Drew & Napier

Programme

9.00: Welcome coffee and registration 

9.30: Chairs’ opening remarks

Matthew Secomb, White & Case
Amanda Lees, Simmons & Simmons  

9.40: Session one: Enforcement: bridging the gap? 

There is a difference between having your award recognised by local courts and getting at actual assets.  How does one bridge that gap – particularly in Asia?  Once you are clear of the court system, what happens? 

In this panel a series of specialists in enforcement - from around the region, including India, Indonesia and China - will discuss navigating the gap between the courts and getting awards into real money.

Questions they’re expected to discuss include:

  • Deciding where to enforce against an Asian opponent: is it better to enforce near to their home, at the seat or elsewhere?
  • What happens once you clear the court system?
  • How does enforcement work in practice in the local courts?
  • Is there an enforcement division of the local court system – and how will it operate? Is there a way to stop it from acting as a negotiator between the sides?
  • What does a model enforcement strategy for Asia look like? Which other professionals will be part of it? Are subsidiaries fair game? 
  • What other region specific pitfalls do newcomers need to be aware of? 
  • Avoiding visits to India – does the Middle-East route work? 
  • What legal remedies are available at the seat, e.g. worldwide receivership orders?  What legal and practical questions might that raise? 

Moderator:
Amanda Lees, Simmons & Simmons 

Panel:
Jacques-Alexandre Genet, Archipel 
Shreyas Jayasimha, Aarna Law 
Philip Norman, Simmons & Simmons 
Jessica Pyman, Mintz Group 
Gitta Satryani, Herbert Smith Freehills 

10.55: Coffee break sponsored by Clyde & Co

11.25: Session two: The GAR Live Question Time

A twist on our usual Tylney Hall format. A panel of distinguished arbitrators will discuss questions submitted by the audience and the moderators.

Moderator:
Michael Pryles AO PBM, Independent Arbitrator 

Panel:
Lawrence Boo, The Arbitration Chambers 
Jane Davies Evans, 3 Verulam Buildings 
Paul Friedland, White & Case 
Joongi Kim, Yonsei University 

12.40: Networking lunch

14.00: Session three: Dissecting bifurcation

Everyone agrees bifurcation is a good idea, but is it really being embraced? Some initial evidence suggests no. 

What are people afraid of, and are those fears justified. How can arbitrators be nudged into embracing it - for the right cases? 

Questions they’re expected to discuss include:

  • What is the ‘ideal’ case for bifurcation?
  • No-go zone: when is bifurcation off the table?
  • Does bifurcation save costs? Long term? Short term?
  • Does due process paranoia prevent arbitrators from bifurcating when they should?
  • Does bifurcation ever go ‘wrong’?
  • Should the likelihood of settlement play a role in deciding whether to bifurcate?
  • Parties taking partial awards to the national courts: a reason to shy away from bifurcation?

Moderator:
Matthew Secomb, White & Case 

Panel:
Tony Dymond, Debevoise & Plimpton
Sapna Jhangiani, Clyde & Co
Robert Kirkness, Freshfields Bruckhaus Deringer 
Wendy Lin, WongPartnership 
Julie Raneda, Schellenberg Wittmer 

15.15: Coffee break sponsored by Clyde & Co

15.45: Session four: The GAR Live Inquisition - Power of the institution vs Party autonomy

This session will replicate a US senate committee hearing with a succession of witnesses being ‘grilled’ by a panel of GAR Live inquisitors, who are seeking to get to the bottom of a problem. 

The panel will explore the extent to which institutions should have power over arbitrations, at the expense of party autonomy.  Why shouldn’t institutions be able to impose measures for cost effectiveness and efficiency that override the arbitration agreement?  After all, who has more experience in seeing what works and what doesn’t?

Amongst others, topics will include:

  • Expediated procedures and the provision for sole arbitrators 
  • Cross institutional consolidation protocol
  • Prospective / retrospective rule changes
  • Party vs institutional appointed arbitrators 

Inquisitors:
Barry Stimpson, Reed Smith
Christopher Lau SC, 3 Verulam Buildings 
Jimmy Yim SC, Drew & Napier  

Witnesses:
Kevin Nash, SIAC
Chiann Bao, Skadden, Arps, Slate, Meagher & Flom
Lucy Martinez, Independent Consultant

17.00: Chairs’ closing remarks

Matthew Secomb, White & Case
Amanda Lees, Simmons & Simmons  

17.10: Close of conference

Venue

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

Prices

PRIVATE PRACTITIONER
Type Price Until
Super Early £400  6 Apr 2018
Early £500 4 May 2018
Standard £600 16 May 2018

 

In-house/governmental
Complimentary In-house/governmetnal registration available