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IPBA Arbitration Day 2022: International Arbitration in the Endemic Age

Date: 31 August 2022

Venue: Singapore

REGISTRATION IS NOW OPEN!

IPBA Members: SD $150.00 • Non-Members: SD $180.00

Access the registration portal HERE to access the registration portal.

Presented by the IPBA Dispute Resolution and Arbitration Committee, supported by Ministry of Law, Singapore and Maxwell Chambers, Singapore.

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Sponsors

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IPBA ARBITRATION DAY 2022: INTERNATIONAL ARBITRATION IN THE ENDEMIC AGE

Wednesday 31 August 2022 • 9.30 am – 4.30 pm • Maxwell Chambers, Singapore

Synopsis

The Covid-19 pandemic has changed the world in more ways than one could ever imagine. While the pandemic created unprecedented challenges, great opportunities for change and innovation also came along, even in the international arbitration landscape.

In this endemic age, it is apt for us to take a step back to reflect on the past two years to assess the significant trends and developments related to international commercial and investment arbitration across the Asia-Pacific region, to ascertain the changes, in particular the novel types of disputes and practices that have evolved, as well as to explore the future of international arbitration. Will it be business as usual or will there be a new normal?

Eminent arbitration practitioners from all over the world will share their views and perspectives in three separate panel discussions, (1) Reviewing the Current Status (2) Identifying the Changes (3) Gazing into the Future.

Topics will include:

  • Reviewing the Current Status – Significant trends and developments in international commercial and investment arbitration across the Asia-Pacific region during the Covid-19 pandemic
  • Identifying the Changes – Novel types of disputes and practices relevant to international commercial and investment arbitration across the Asia-Pacific region  
  • Gazing into the Future – The practice of international commercial and investment arbitration across the Asia-Pacific region in the wake of the COVID-19 pandemic

Who should attend?

  • Private arbitration practitioners and arbitrators from all over the world, particularly those interested in the Asia-Pacific
  • In-house counsel, representatives from governmental agencies, international organisations and institutions
  • Anyone with an interest or stake in international commercial and investment arbitration

Detailed programme

9.30 am – 9.40 am: Welcome and Introduction by IPBA President
Richard Briggs, Hadef & Partners, Dubai; IPBA President

9.40 am – 9.50 am: The Maxwell Initiative
Shae Teo, Deputy Chief Executive; Maxwell Chambers, Singapore

9.50 am – 10.00 am: Opening Remarks – International Arbitration in the Endemic Age
Koh Swee Yen, Senior Counsel, WongPartnership LLP, Singapore; Co-Chair, IPBA Dispute Resolution and Arbitration Committee

Richard Briggs
IPBA President             
Shae Teo
Maxwell Chambers
Koh Swee Yen SC
Wong Partnership, LLP


10.00 am – 11.20 am: Reviewing the Current Status – Significant trends and developments in international commercial and investment arbitration across the Asia-Pacific region during the Covid-19 pandemic

  • What are the significant legislative developments across the Asia-Pacific region during the COVID-19 pandemic, in particular how they concern international arbitration?
  • What are the significant judicial developments across the Asia-Pacific region during the COVID-19 pandemic, in particular how they concern international arbitration?
  • Do force majeure, frustration and the like constitute viable defences for breach of contract arising from the COVID-19 pandemic?
  • What are the notable trends and developments in investment arbitration across the Asia-Pacific region?
  • What is the current enforcement regime of commercial and investment arbitration awards across the Asia-Pacific region?

Moderator – Mark Mangan, Dechert LLP, Singapore; Vice-Chair, IPBA Dispute Resolution and Arbitration Committee

Panel Speakers

  • Marina Chin, Senior Counsel, Tan Kok Quan Partnership, Singapore
  • Yoko Maeda, City Yuwa Partners, Tokyo
  • James Morrison, Peter & Kim, Sydney
  • Raj Panchmatia, Khaitan & Co., Mumbai
  • Fei Ning, Hui Zhong Law Firm, Beijing; Vice-Chair, IPBA Dispute Resolution and Arbitration Committee
Mark Mangan
Moderator
Marina Chin SC Yoko Maeda James Morrison Raj Panchmatia Fei Ning


11.20 am – 11:40 am: Coffee Break

11:40 am – 1:00 pm: Identifying the Change – Novel types of disputes and practices relevant to international commercial and investment arbitration across the Asia-Pacific region

  • What are the novel types of disputes and practices that have arisen in international arbitration in the context of the COVID-19 pandemic across the Asia-Pacific region?
  • Are investors able to claim damages against a State arising from its regulatory or administrative measures during the COVID-19 pandemic?
  • What are the important judicial decisions involving environmental, social and governance concerns, and how do these impact and/or influence international arbitration practice? What should arbitration practitioners take note of? 
  • Whether and to what extent, has the COVID-19 pandemic shaped “greener” international arbitration practice?
  • How to effectively use technology in international arbitration in the context of COVID-19 pandemic?

Moderator – Kshama Loya, Nishith Desai Associates, Mumbai, India; Vice-Chair, IPBA Dispute Resolution and Arbitration Committee

Panel Speakers

  • Nils Eliasson, King & Spalding LLP, Singapore
  • Professor Kim Joongi, Yonsei Law School, Seoul
  • Albert Marsman, De Brauw Blackstone Westbroek, Netherlands and Singapore
  • Samantha Rowe, Debevoise & Plimpton, London
  • Yutaro Kawabata, Nishimura & Asahi, Tokyo; Vice-Chair, IPBA Dispute Resolution and Arbitration Committee
Kshama Loya
Moderator
Nils Eliasson Prof. Kim Joongi Albert Marsman Samantha Rowe Yutaro Kawabata


1.00 pm – 2.00 pm: Lunch and networking session

2.00 pm – 3.30 pm: Gazing into the Future – The practice of international arbitration across the Asia-Pacific region in the wake of the COVID-19 pandemic

  • What are the existing practices and measures in international arbitration practice, and which should continue to be used after the COVID-19 pandemic? Should virtual hearings become the norm for international arbitration practice even after the COVID-19 pandemic?
  • How arbitral institutions should adapt to the changes in international arbitration practice post-COVID-19?
  • What will the disputes landscape look like for Asia-Pacific?
  • What would the changes be to industry-specific disputes, in particular energy, construction and infrastructure arbitration post-COVID-19?
  • What lies ahead in the enforcement of commercial and investment arbitration awards and settlements across the Asia-Pacific region?
  • Will alternative funding arrangements, including third party funding and alternative fee arrangements with counsel, become the game changer?

Moderator – Marion Smith QC, 39 Essex Court, London; Vice-Chair, IPBA Dispute Resolution and Arbitration Committee

Panel Speakers

  • Tom Glasgow, Omni Bridgeway, Singapore
  • Thomas G. Allen, Kilpatrick Townsend, Washington DC; Vice-Chair, IPBA Dispute Resolution and Arbitration Committee
  • Gitta Satryani, Hebert Smith Freehills, Singapore
  • Cao Lijun, Zhong Lun, Beijing
  • Lucy Reed, Arbitration Chambers, New York
  • Shaun Pereira, Three Crowns LLP, Singapore
Marion Smith QC
Moderator
Tom Glasgow Thomas G. Allen Gitta Satryani
Cao Lijun Lucy Reed Shaun Pereira


3.30 pm to 3.40 pm: Closing Remarks
Sae Youn Kim, Kim & Chang, Seoul; Co-Chair, IPBA Dispute Resolution and Arbitration Committee

Sae Youn Kim


3.40 pm to 4.30 pm: Networking Reception