Date: 14th of September, 2015
Venue: Kuala Lumpur, Malaysia
The Committee Co-Chairs are very pleased, to formally announce our very first IPBA Asia-Pac Arbitration Day on Monday September 14, 2015 in Kuala Lumpur, Malaysia. This inaugural event will be co-hosted by the Kuala Lumpur Regional Centre for Arbitration, as you will see from the attached ‘Save the Date” flyer (below).
This was one of the DRA Committee’s initiatives following our committee planning meeting in Vancouver last year.
The Organising Committee is chaired by the DRA Committee’s immediate past co-chair (and current Malaysia JCM) Mohanadass Kanagasabai, with Shanti Mogan, a DRA Committee Vice Chair, as Organising Committee Deputy Chair.
This event will provide DRA Committee members another opportunity to meet, discuss and interact with each other, in addition to the annual IPBA meeting. It is expected to generate considerable interest both in terms of speaker and delegate participation, and will close with networking cocktails on the evening of 14 September 2015.
Members who wish to speak at this event are invited to send expressions of interest to the Mohanadass Kanagasabai (email@example.com) & Shanti Mogan (firstname.lastname@example.org), the Organising Committee Chair and Deputy Chair respectively. Please state the particular session you are interested in, together with your CV and a brief outline of the points or issues that you think might add value to the session. The event will also feature a Maritime dispute resolution session sponsored by the IPBA’s Maritime Law Committee.
The provisional conference programme is as follows;
9.00am – 10.30am The application of conflicts of law rules to arbitral disputes - This session will look at what conflicts of law rules the arbitrators should apply in the absence of the parties selecting a governing law to determine their disputes. Should the conflicts of law rules be adopted based on the domestic law of the seat or international conflict of laws rules; To what extent is that determination dependent on a desire to achieve substantive justice; should such considerations be relevant in the determination; How do state laws which conflict with international norms on such matters impact on otherwise enforceable awards; Is the solution a transnational set of laws;
11.00am – 12.30pm The operation of attorney-client privilege in differing legal systems – Conflicts of law in international arbitration present a deeper and seemingly intractable challenge beyond the determination of governing law. This session will develop the discussion on how different legal traditions impact on the applicable procedural laws in international arbitration. For example, is it a common expectation that communications with in-house counsel are privileged from discovery? Speakers will focus discussion on the concept of attorney-client privilege and the parallel concept of confidentiality in international arbitration, its different formulations in different jurisdictions and the resulting challenges it presents to international arbitration.
2.00pm – 3.30pm Costs of arbitration and third party funding - In view of escalating costs of international arbitration, third party funding has increased in significance. State Courts in different jurisdictions have dealt with the issue of litigation funding in a variety of ways and the presence of legislation has helped to regulate the practice where possible. This session will explore issues relating to third party funding in international arbitration and how the practice raises ever more difficult questions on conflict of interests, ethical concerns and how costs can and should be dealt with in view of third party funding.
4.00pm to 5.30pm – Multifaceted contemporary issues in Maritime Dispute Resolution - This session will examine the current dynamics to recurrent issues in maritime dispute resolution, in particular the varied manner of incorporation of arbitration clauses into bills of lading including through charterparties and P&I Club undertakings; the efficacy of multi-tiered dispute resolution clauses and the place of good faith obligations; the sensibilities affecting multi-party and multi-contract dispute resolution, primarily in string sales contracts and sub-charter of vessels; and obstacles to the enforcement of arbitration agreements, awards and in rem remedies, that arise in relation to national maritime laws.
5.30pm onwards - Cocktails We look forward to hearing from members and to their participation in this event.
With Best Wishes
Juliet Blanch and Mohan Pillay Co Chairs, Dispute Resolution and Arbitration Committee, IPBA