ARTICLE
September 26, 2017
3rd IPBA Asia-Pac Arbitration Day 2017
The third edition of the IPBA Asia Pac Arbitration Day held jointly with the Kuala Lumpur Regional Centre for Arbitration, built on the success of the previous 2015 and 2016 events held in Kuala Lumpur. Acclaimed speakers and keen international delegate participation were replicated again this year with a focus on trending issues in the arbitration world.
The one day conference opened with remarks by Mr. Mohan Pillay who welcomed delegates to the event. This was followed by a keynote address presented by The Honourable Justice Anselmo Reyes. Justice Anselmo Reyes addressed the reflections on enforcing arbitral awards against states for sovereign immunity, crown immunity, and state–owned enterprises.
This conference witnessed the participation of close to 130 delegates from across Asia, providing an excellent opportunity for delegates to evaluate a wealth of information and exchange insights pertaining to the trending issues in the arbitration world.
Session 1 | The Judiciary – Has the Pendulum Swung Too Far?
This session explored the current trends in the court’s exercise of its supervisory jurisdiction. Focus areas included appeals from questions of law, setting aside applications and interim measures. The central issue discussed was whether there is an over disposition towards non- intervention that might be unhealthy for the arbitral process and/or the development of the law, and how different jurisdictions have developed case law to establish a set of principles that seek to strike some balance.
Moderator: Ms. Shanti Mogan | Shearn Delamore & Co, Malaysia
Speakers: Y.A. Tuan S. Nantha Balan a/l E.S. Moorthy| Judge, High Court, Malaysia
Mr. Denis Brock| O’Melveny & Myers, Hong Kong
Ms. Justyna Szpara | Laszczuk & Partners, Poland
Mr. Masafumi Kodama | Kitahama Partners, Japan
Mr. Paul Sandosham | Clifford Chance, Singapore
Session 2 | Arbitral Institutions – Pushing the Limits
This session looked at fundamental structural reforms to improve the services provided by arbitral institutions. In particular, in areas to do with rules governing the arbitration, arbitrator appointments, transparency of the appointment process, award scrutiny, costs, delays in rendering of arbitral awards, and administrative efficiency.
Moderator: Ms. Karen Gough | 39 Essex Chambers, London
Speakers: Mr. Steven Lim | CMS Law, Singapore
Mr. Sudharsanan Thillainathan |Shook Lin & Bok, Malaysia
Mr. Vyapak Desai | Nishith Desai Associates, India
Mr. Nigel Cooper QC | Quadrant Chambers, United Kingdom
Ms. Smrithi Ramesh | KLRCA, Malaysia
Mr. Kevin Nash | SIAC, Singapore
Session 3 | Current Challenges in the Enforcement of International Arbitration Award and Judgments
This topic dealt with specific challenges that are encountered in enforcement from both jurisprudential and practical perspectives including in a Belt and Road era. What tactics are commonly employed to avoid enforcement and alternatively, what progress jurisdictions have made to facilitate the enforcement of awards and judgments.
Moderator: Mr. Kevin Prakash | Mohanadass Partnership, Malaysia
Speakers: Mr. Francis Xavier, SC | Rajah & Tann LLP, Singapore
Mr. Neerav Merchant | Majmudar & Partners, India
Mr. Jack Li | Jin Mao PRC Lawyers, China
Mr.Theodoor Bakker|Ali Budiardjo, Nugroho, Reksodiputro, Indonesia
Abhinav Bhushan | ICC Asia
Session 4 | The Great Debate
The great Debate examined opposing views on current topics in a manner that was controversial and thought provoking. The key motions debated on were:
- Exercise of arbitral jurisdiction over third parties’ defeats party autonomy.
- It’s time for Arbitral Institutions to appoint younger arbitrators.
- Gender bias in arbitration is a myth.
Moderator: Tan Sri Dato V C George | Skrine, Malaysia
Speakers: Ms. Elaine Yap | (Topic 1) For
Ms. Wendy Lin | (Topic 1) Against
Mr. Ben Olbourne | (Topic 2) For
Mr. Mahesh Rai | (Topic 2) Against
Ms. Smrithi Ramesh | (Topic 3) For
Ms. Asya Jamaludin | (Topic 3) Against
Check out more pictures of this event here!
