April 29, 2014
KLRCA & MIARB Talk Series : Ethics in International Arbitration – Myth or The New Reality
KLRCA collaborated with the Malaysian Institute of Arbitrators (MIArb) for a Talk Session titled ‘Ethics in International Arbitration – Myth or The New Reality’ that was held at the Royal Lake Club, Kuala Lumpur. Despite the heavy evening downpour, participants comprising of legal counsels from multinational corporations, local conglomerates and other members of the law fraternity braved the weather to ensure the halls were at its maximum capacity for this talk.
The principal speaker for this talk was Mr Nigel Cooper of Quadrant Chambers, London whose commercial practice predominantly covers the fields of shipping, energy and insurance law. Nigel appears before the Commercial and Admiralty Courts, in arbitration (both international and domestic) and before the appellate courts. Ms Lai Jen Li, KLRCA’s Deputy Head of Legal Services made up the other half of the speakers’ panel that was moderated by Mr Kevin Prakash, the Vice President of the Malaysian Institute of Arbitrators (MIArb).
Mr Kevin began proceedings with a short welcoming address followed by the introduction of the speakers. Mr Nigel then took centre stage to begin his presentation on ‘Ethics in International Arbitration’. The presentation focused on the ethics of counsel in international arbitration and identified some of the difficulties in seeking a single universal code to regulate international arbitration practitioners with brief references on IBA Rules of Ethics for International Arbitrators 1987, IBA Guidelines on Conflicts of Interest 2004 and Hague Principles 2011 amongst others.
Ms Lai Jen Li then took over to present ‘Ethics in International Arbitration – A Malaysian Perspective’ with a comprehensive coverage on how KLRCA ensures ethical standards. Attendees were taken through two salient points; Code of Conduct & Corporate Integrity Pledge and Disclosure Requirement & Statement of Independence. Ms Lai concluded her presentation with a subtle reminder that all parties should not lose sight of the different roles that each and every party to an arbitration proceeding play in ensuring that only the best results are obtained.
Mr Kevin soon took over to moderate an interactive and stimulating question and answer session which was dominated by a host of intense questions by the senior legal practitioners in which both Mr Nigel Cooper and Ms Lai Jen Lie answered expertly backed up by recent examples from the world of arbitration.
The talk came to a close with many of the attendees opting to stay on beyond the regulatory fellowship to strengthen ties and expand networks with their British counterparts.