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IPBA Arbitration Day 2022: International Arbitration in the Endemic Age

Date: 31 August 2022

Venue: Singapore

The Dispute Resolution & Arbitration Committee announces the comeback of IPBA Arbitration Day, presented by the IPBA Dispute Resolution and Arbitration Committee, supported by Ministry of Law, Singapore and Maxwell Chambers.

Join us in Singapore for this onsite event, or join online. Registration will be open soon.

  • IPBA members: SD $150   •   Non-members: SD $180
  • Wednesday 31 August 2022 • 9.30 am – 4.30 pm
  • Venue: Maxwell Chambers, Singapore

Topics will include:

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

10.00 am – 11.20 am: Reviewing the Current Status – Significant trends and developments in international 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, from an investor’s perspective?
  • What are the notable trends and developments in investment arbitration across the Asia-Pacific region, from a state’s perspective?

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
  • Yutaro Kawabata, Nishimura & Asahi, Tokyo; Vice-Chair, IPBA Dispute Resolution and Arbitration Committee
  • James Morrison, Peter & Kim, Sydney
  • Gitta Satryani, Hebert Smith Freehills, Singapore
  • Sun Huawei, Zhonglun, Beijing

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 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
  • Shaun Pereira, Three Crowns LLP, Singapore
  • Samantha Rowe, Debevoise & Plimpton, London

1.00 pm – 2.00 pm: Lunch and networking session

2.00 pm – 3.20 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 would the changes be to industry-specific disputes, such as energy, construction and infrastructure arbitration post-COVID-19?
  • 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, Global Lead, International Disputes, Kilpatrick Townsend, Washington DC; Vice-Chair, IPBA Dispute Resolution and Arbitration Committee
  • Sanjeev Kapoor, Khaitan & Co., New Delhi
  • Yoko Maeda, City Yuwa Partners, Tokyo
  • Lucy Reed, Arbitration Chambers, New York

3.20 pm to 3.30 pm: Closing Remarks

  • Sae Youn Kim, Kim & Chang, Seoul; Co-Chair, IPBA Dispute Resolution and Arbitration Committee

3.30 pm to 4.30 pm: Networking Reception