Tuesday, 1 September 2020

Returning for its 6th year, GAR Live Singapore is bringing together leading arbitrators, representatives of institutions, expert witnesses and funders to address emerging developments in Singapore and beyond. Attendees will hear specific techniques and approaches for successfully mediating within investor-state arbitrations, determine whether Singapore should be looking to innovate governing law, gain insight on cross-border award enforcement and join the GAR Live debate to decide whether SIAC rules should provide parties with the opportunity to appeal on a point of law.

E-mail Tel: +44 20 3780 4183

Chairs

Wade Coriell

King & Spalding

Wade Coriell is deputy head of King & Spalding’s International Arbitration practice and leader of its Asia disputes group. Chambers calls him "an excellent advocate whose level of experience and ability make him stand out." Wade has represented clients in several of the largest international arbitrations on record in Asia and Latin America, and his recent work includes handling five Asia-based disputes of over $1 billion each.

Wade is ranked in Chambers, Legal 500, and several other directories. In 2013, Law360 named him one of five Rising Stars in International Energy Law, and GAR calls him "a lawyer to know."

Chiann Bao

Arbitration Chambers

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."

Speakers

Nadja Alexander

Singapore International Dispute Resolution Academy

Gary Bell

National University of Singapore

Tai-Heng Cheng

Sidley Austin

James Claxton

Arbitrator and Mediator

Kabir Duggal

Arnold and Porter

Judith Gill QC

Twenty Essex

Bernard Hanotiau

Hanotiau & van den Berg

Philip Jeyaretnam, SC

Dentons Rodyk

Sapna Jhangiani

Clyde & Co Clasis Singapore

Smitha Menon

WongPartnership

Chié Nakahara

Nishimura & Asahi

Louie Ogsimer

Romulo Mabanta Buenaventura Sayoc & de los Angeles

Kevin O'Neal

Chevron Asia South

Mahesh Rai

Drew & Napier

Rohit Singhal

Masin Project

Liz Snodgrass

Three Crowns

Barry Stimpson

Squire Patton Boggs

Angeline Welsh

Essex Court

Programme

09.00: Welcome coffee and registration

09.35: Chairs’ opening remarks

Chiann Bao, Arbitration Chambers
Wade Coriell, King & Spalding

09.45: Session one: Let’s settle this: mediation within investor-state arbitrations

Arbitration has been the go-to choice for the resolution of investor-state disputes. However, recently the advantages of resolving international investor-state disputes through means of mediation have gained traction amongst practitioners and academics. In August 2018, ICSID announced its fourth and most extensive changes to dispute resolution rules – including a new dispute settlement mechanism, the Mediation Rules. So what specific techniques and approaches to a successful mediation should every expert know? This panel will guide us through the best practices, along with the strengths and pitfalls of employing mediation devices during an investor-state arbitration.

  • What are the key mediation devices and services available to parties as support in an investor-state dispute?
  • Mediation advocacy vs arbitration advocacy: how are they different and what kind of new approaches might arbitrators consider to stay ahead of the game?
  • Why aren’t we seeing more mediation in the context of investor-state arbitration, especially considering how mediation has seen widespread adoption in other areas of disputes?
  • What are the perspectives of stakeholders?
  • What assessment can we make of the current mediation system in Singapore? What are the most pressing systematic issues and what’s the way forward from here?
  • How have we seen ICSID’s mediation rules being used in practice?

Panellists:

Nadja Alexander, Singapore International Dispite Resolution Academy
James Claxton, Arbitrator and Mediator
Kabir Duggal, Arnold & Porter

10.45: Coffee break

11.30: Session two: Singaporean law as governing law – a new era for Singaporean practice?

It is well known that English law governs most international commercial contracts and that that fact has helped establish London as one of the premier seats for international arbitration. Should Singapore be looking to replicate this with a distinctive and innovative governing law of their own? And if they did, what would that look like and could it challenge English laws dominance in arbitration agreements?

The panel are expected to explore:

  • Is this likely, and if it is what could it mean for Singapore and its legal market?
  • How could Singapore adapt, update and improve current English law, so as to pose serious competition?
  • How might aspects of civil law be incorporated into the Singaporean law system, and how would this impact the arbitration process?

Panellists:
Gary Bell, National University of Singapore
Bernard Hanotiau, Hanotiau & van den Berg
Sapna Jhangiani, Clyde & Co Clasis Singapore

12.15: Networking lunch 

13.30: Fireside chat

Speaker:
Judith Gill QC, Twenty Essex

14.00: Session three: Enforcement of Singaporean awards across borders

This panel will discuss award enforcement across different jurisdictions, and the challenges that come with the territory. Practitioners from other jurisdictions bring their own understanding of arbitration and domestic common practices to the table when coming to Singapore as a seat; how do they approach Singapore exactly and how does this differ from place to place?

This panel will also discuss:

  • Have we got the balance right in Singapore when it comes to enforcing awards?
  • Is Singapore becoming too arbitration friendly? Has Singapore been enforcing awards which may have issues? What grounds can you overturn a case on?
  • How do clients and practitioners outside Singapore approach international arbitration, and what effect does this have on the enforcement of Singaporean awards overseas?
  • How might a client’s domestic laws impact the enforcement of an award?

Panellists:
Louie Ogsimer, Romulo Mabanta Buenaventura Sayoc & de los Angeles
Kevin O’Neal, Chevron South Asia

15.00: Coffee break

15.30: Session four: The GAR Live debate

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.

Motion: This house believes that the SIAC rules should provide parties with the opportunity to appeal on a point of law

Judges:
Philip Jeyaretnam, Dentons Rodyk
Tai-Heng Cheng, Sidley Austin

Debaters:
Mahesh Rai, Drew & Napier
Rohit Singhal, Masin Project
Liz Snodgrass, Three Crowns
Angeline Welsh, Essex Court

16:30: Session five: Determining the ‘new normal’ 

The covid-19 pandemic has changed the way we live, work and interact, with the world potentially looking very different post-crisis. ADR, arbitration and mediation have not passed through unscathed but has this been a chance to revolutionise arbitration, boosting and strengthening its virtues as opposed to domestic court litigation? This session will explore how much arbitration has been impacted, the procedural adaptations seen across international arbitration as a result of the pandemic and whether arbitration has emerged stronger.

This panel will discuss:

  • How arbitration practitioners are using technology differently as a result of the covid-19 pandemic, and how best practice can be developed for remote proceedings
  • What procedural changes can we expect in ADR across the world, and what changes do we expect to endure and impact ADR long term?
  • Gazing into the crystal ball: what will dispute resolution look like after covid?

Panellists:
Smitha Menon, WongPartnership
Chie Nakahara, Nishimura & Asahi
Barry Stimpson, Squire Pattin Boggs

17.30: Chairs’ closing remarks

Chiann Bao, Arbitration Chambers
Wade Coriell, King & Spalding

17.45: Close of conference

Further Information

For further information or sponsorship opportunities, please call +44 203 780 4137 or email events@globalarbitrationreview.com

Venue

Singapore

Tickets

PRIVATE PRACTITIONER
Type Price Until
Super Early £400  17 Jul 2020
Early £500 14 Aug 2020
Standard £600 1 Sep 2020

 

IN-HOUSE COUNSEL/ GOVERNMENT REPRESENTATIVES 
Type Price
Standard £0