27 Jun 17

3rd ICC Asia Conference on International Arbitration

Singapore, Singapore, • English
ICC Asia Conference on International Arbitration

Attend ICC’s annual Asia conference on international arbitration and keep up to date with the latest regional and institutional developments. Minister Indranee Rajah will deliver the opening keynote address.

Description

Who should attend?

  • Practising lawyers
  • Corporate counsel
  • Arbitrators
  • Mediators
  • Business professionals and academics coming from or doing business in Asia

27 June: ICC Institute Advanced Level Training on “Production of Documents”
This training will provide participants with practical insights on how to manage production of documents in international arbitration.

27 June: ICC Young Arbitrators Forum (YAF)
ICC YAF is organizing a conference on how to engage, prepare and cross-examine expert witnesses. Click here to register and learn more about the event.

28 June: 3rd ICC Asia Conference on International Arbitration
Attend this conference to keep up-to-date with the latest regional developments in international arbitration. The conference will offer a line-up of world-class speakers, topical discussions and an excellent opportunity to network.

29 June: ICC Institute Training for Tribunal Secretaries
The training aims at teaching legal professionals the role and tasks of a tribunal secretary and the skills necessary to excel in this function.

Singapore Institute of Legal Education
Practice area: Alternative Dispute Resolution
Training category: General

Participants who wish to claim CPD Points must comply strictly with the Attendance Policy set out in the CPD Guidelines. Participants are reminded to sign in on arrival and sign out at the conclusion of each event in the manner required by the organiser. Participants must not be absent from each event for more than 15 minutes.

  • Participants who attend the “ICC Institute of World Business Law Advanced level training: Production of Documents” event and comply with the Attendance Policy may claim 6 Public CPD Points.
  • Participants who attend the “3rd ICC Asia Conference on International Arbitration” event and comply with the Attendance Policy may claim 4.5 Public CPD Points.
  • Participants who attend the “ICC Institute Training for Tribunal Secretaries” event and comply with the Attendance Policy may claim 4.5 Public CPD Points.

Participants who do not comply with the attendance Policy will not be able to obtain CPD Points. Please refer to www.sileCPDcentre.sg for more information.

Logistical notes

Dates and venueDates: 27-29 June

Venue: Four Seasons, Singapore

Registration feesAdvanced Training: Production of Documents
Early-bird until 5 May 2017: US$590
ICC members: US$680
Non-members: US$850
3rd ICC Asia Conference
Early-bird until 5 May 2017: US$499
ICC members: US$599
Non-members: US$750
Discount package: Advanced Training and Conference
Early-bird until 5 May 2017: US$871
ICC members: US$1023
Non-members: US$1280
Training for Tribunal Secretaries
Early-bird until 5 May 2017: US$339
ICC members: US$399
Non-members: US$499
Special discounts-ICC Members may benefit from an extra 5% discount. Please contact your local NC to obtain your discount code.
-Group rates : Register 5 persons from the same company and pay for 4.
-In-house Counsel , full time Academics , Government representatives may benefit from a 30% discount. Please contact events@iccwbo.org for more details.
Registration fees includeAdvanced Training: Production of Documents: all training activities including documentation, lunch and coffee breaks.
3rd ICC Asia Conference: all conference activities including documentation, lunch, coffee breaks and a dinner.
Training for Tribunal Secretaries: all training activities including documentation, lunch and coffee breaks.
Travel and hotel expenses are not included.
How to registerRegister online (secured payment by credit card). Registration will be confirmed upon receipt of the registration fees. To benefit from early bird rates, please note that ICC Services must receive the payment before the deadline.
Working languageEnglish
Credits and hoursICC Training and Conferences is eligible for CLE credit under New York ‘s approved jurisdiction procedures, is a State Bar of California approved MCLE provider and is an accredited CPD provider by the Bar Standards Board of England and Wales. CPD points from the Law Society of Hong Kong have been applied for. French Bars: This event will be sent for CNB approval. Lawyers practising in France may apply for reimbursement from the FIFPL (Fonds Interprofessionnel de Formation des Professionnels Libéraux), subject to terms and conditions.

Singapore Institute of Legal Education
Practice area: Alternative Dispute Resolution
Training category: General
Participants who wish to claim CPD Points must comply strictly with the Attendance Policy set out in the CPD Guidelines. Participants are reminded to sign in on arrival and sign out at the conclusion of each event in the manner required by the organiser. Participants must not be absent from each event for more than 15 minutes.
Participants who attend the “ICC Institute of World Business Law Advanced level training: Production of Documents” event and comply with the Attendance Policy may claim 6 Public CPD Points.
Participants who attend the “3rd ICC Asia Conference on International Arbitration” event and comply with the Attendance Policy may claim 4.5 Public CPD Points.
Participants who attend the “ICC Institute Training for Tribunal Secretaries” event and comply with the Attendance Policy may claim 4.5 Public CPD Points.

Participants who do not comply with the attendance Policy will not be able to obtain CPD Points. Please refer to www.sileCPDcentre.sg for more information.

Cancellation policy50% of the registration fee will be refunded if notice of cancellation is received in writing before Friday 26 May 2017 . Cancellations after this date are not refundable. Subject to agreement from ICC Training and Conferences prior to the event, the registration may be transferred to another person from the same company or organization at no extra charge. Updated registration information will be required.
Please be informed that any form of cancellation will incur a cancellation fee of US$7 + 2.75% of the registration fee which must be covered by the participant.
Please note that ICC Services reserves the right to cancel this event or to make minor alterations to the content and timing of the programme or to the identity of the speakers. In the unlikely event of cancellation, delegates will be offered a full refund. ICC Services will not, however, be held responsible for any related expense incurred by the participant.
DisclaimerThe photos and audiovisual recordings taken at this meeting/event may be used and published by ICC, its subsidiaries or affiliates, for informational or promotional purposes in printed materials or online, including on ICC websites and in social media. Participation in the meeting/event implies agreement to such use of photos or audiovisual recordings in which the participant may appear unless ICC Services receives written notification to the contrary.

27 June 2017 Advanced Training Programme

Advanced Training: Production of Documents

09.00 – 09.30Welcome coffee
09.30 – 09.45Welcoming address and introduction

  • Carita Wallgren-Lindholm, Arbitrator, Finland; Member, ICC International Court of Arbitration & ICC Institute of World Business Law
  • Abhinav Bhushan, Regional Director for South Asia, ICC International Court of Arbitration, Singapore
09.45 – 10.00Thinking strategically about the document production process

This introductory session will address the procedural and strategic choices that should set the approach to document production in international arbitration. Participants will learn how to identify documents that are relevant and material to the case and will discuss issues of document collection and preservation strategies both from a theoretical and a practical standpoint.

  • Tyler B. Robinson, Partner, Simpson, Thacher & Bartlett LLP, United Kingdom
10.00 – 11.00Case scenarios on ‘Thinking strategically about the document production process’
11.00 – 11.15Coffee break
11.15 – 11.30Party-promulgated document requests (part 1) – how to draft effective requests

In international arbitration each party is responsible for submitting the documentary evidence on which it intends to rely to support its case and there is no automatic right to the production of documentary evidence in the possession or control of the opposing party. This session will explore the limits of document production in international arbitration and provide practical insights on how to frame an effective request resulting in an expeditious and cost effective document production procedure.

  • Carita Wallgren-Lindholm
11.30 – 12.15Case scenarios on ‘Party-promulgated document requests (part 1) – how to draft effective requests’ 

  • Carita Wallgren-Lindholm
12.15 – 12.30Party-promulgated document requests (part 2) – how to draft effective objections

Upon receipt of a document production request the requested party has to react. What are the contours of the grounds for refusing to produce documents? How can a party best respond to a broad and indiscriminate document request? How can parties make available information necessary and material to a dispute but maintain confidentiality and competitive secrets? During this session participants will discuss the strategic issues and steps that should be considered when responding to a request for production.

  •  Jason A. Fry, Partner, Clifford Chance Europe LLP, France; former Secretary General, ICC International Court of Arbitration
12.30 – 13.15Case scenarios on ‘Party-promulgated document requests (part 2) – how to draft effective objections’ 

  • Jason A. Fry
13.15 – 14.15Lunch 
14.15 – 14.45Electronic documents – unique challenges and opportunities

A lot has been said regarding the consequences of the increasing use of electronic documents, communications and electronically stored information on the document production process but the international arbitration community is still far from reaching a consensus on these issues.

This session will address the recent trends and possible developments on how electronic evidence should be treated in international arbitration.

  • Tyler B. Robinson
14.45 – 15.00Protecting legal privileges and commercial confidences

Issues of privilege and commercial confidences often arise in international arbitration. The disparity of regimes, however, often makes the outcome uncertain both for counsel and parties and raises challenging issues such as: how to identify and withhold privileged material in practice, how to resist claims of privileges and how to protect commercial confidences, also considering the discretion of the arbitral tribunal on the issue and in the absence of an agreement by the parties.

  • Judith Gill, Partner, Allen & Overy LLP, Singapore
15.00 – 15.45Case scenarios on ‘Protecting legal privileges and commercial confidences’ 
15.45 – 16.00Coffee break 
16.00 – 16.15Non-party documents – techniques to get them if you need them

Non-party discovery in arbitration can prove to be a virtual minefield both for parties and arbitrators: not only do practices vary significantly depending on the seat of the arbitration, the availability (and scope) of non-party discovery also relies on a delicate balance between arbitrators’ authority and courts’ power. This session will address practical challenges when seeking relevant evidence from non-parties to the arbitration such as competitors, third party advisors or investigative bodies.

  • Jo Tirado, Co-Head of International Arbitration and ADR, Garrigues LLP, United Kingdom
16.15 – 17.00Case scenarios on ‘Non-party documents – techniques to get them if you need them’

  • Jo Tirado
17.00 – 17.15Concluding remarks

  • Carita Wallgren-Lindholm

28 June 2017 Conference Programme

3rd ICC Asia Conference on International Arbitration

08.00 – 09.00Registration and welcome coffee
09.00 – 09.10Welcome address

  • Alexis Mourre, President, ICC International Court of Arbitration, Paris
09.10 – 09.30Opening keynote address

  • Indranee Rajah, Senior Minister of State, Ministry of Finance & Ministry of Law; Member of Parliament for Tanjong Pagar GRC, Singapore
09.30 – 10.30Has the advent of expedited arbitration resolved the issues in relation to delay in international arbitration?
The ICC has recently introduced expedited arbitration mechanisms into its rules. What impact has that had on time and costs in international arbitration? Does more need to be done?

  • Alexander Fessas, Managing Counsel; Secretary General-designate, ICC International Court of Arbitration, Paris
  • Timothy Lindsay, Barrister & Solicitor, Lowndes Jordan, Auckland, New Zealand
  • Vinayak Pradhan, Partner, Skrine, Kuala Lumpur, Malaysia

Chaired by:

  • Alan Thambiyah, Arbitrator, The Arbitration Chambers, Singapore; Council Member, ICC Institute of World Business Law
10.30 – 11.00Discussion
11.00 – 11.30Coffee break
11.20 – 12.20Developments in investment arbitration: Is ISDS in danger?
Across Asia we are seeing a termination or attempts at renegotiation of investment treaties (eg. India, Indonesia etc). Add to that the stillborn TTP and recent moves to set-up an investment court. What impact is all of this having on investment arbitration? What role can ICSID play in the future? How do the ICC Rules cover the investment regime?

  • James Claxton, Professor of Law, Kobe University, Japan
  • Elliott Geisinger, Partner, Attorney at Law, Schellenberg Wittmer Ltd, Switzerland
  • Brigitte Stern, Emeritus Professor at the University of Paris I, Panthéon-Sorbonne; International Arbitrator, France
  • Vanina Sucharitkul, International Arbitrator, Hong Kong; Member, ICC International Court of Arbitration

Chaired by:

  • Lucy Reed, Director, Centre for International Law, National University of Singapore, Singapore
12.20 – 12.50Discussion
12.50 – 14.00Lunch
14.00 – 15.00Developments in third party funding
Singapore opened the door to third party funding in January 2017, Hong Kong started discussions in 2016 before adopting it in June 2017. What does all of this mean for the practice of international arbitration? What additional tools are now available to lawyers and clients?

  • Yasmin Mohammad, Senior Counsel, Vannin, Hong Kong & Paris, France
  • Jason Karas, Co-Founder and Solicitor Advocate, Lipman Karas, Hong Kong
  • Kent Phillips, Partner, Hogan Lovells Lee & Lee, Singapore

Chaired by:

  • Nish Shetty, Partner & Head, Litigation & Dispute Resolution (Asia-Pacific), Clifford Chance, Singapore
15.00 – 15.30Discussion
15.30 – 15.50Coffee break
15.50 – 16.50Comparative analysis of developments in arbitration law in the region
What are the recent topical developments in the region when it comes to arbitration? Examples could include enforcement trends; dealing with guerilla tactics; greater diversity in tribunals; arbitration involving the financial services industry; codification of IBA guidelines; liberalization of China’s arbitration regime etc

  • Jingzhou Tao, Partner, Dechert, China
  • Yu-Jin Tay, Partner, Mayer Brown, Singapore
  • Hiroyuki Tezuka, Partner, Nishimura & Partners, Japan

Chaired by:

  • Jane Davies Evan, Barrister, 3 Verulam Buildings, United Kingdom
16.50 – 17.20Discussion
17.20 – 17.30Closing remarks

  • Abhinav Bhushan, Director, South Asia, ICC Arbitration & ADR
  • Mingchao Fan, Director, North Asia, ICC Arbitration & ADR
20.00 – 22.30Dinner

29 June 2017 Training Programme

Training for Tribunal Secretaries

09.00 – 09.05Welcoming remarks

  • Alan Thambiayah, Arbitrator, The Arbitration Chambers, Singapore; Council Member, ICC Institute of World Business Law
09.05 – 09.20Introductory remarks

  • Introduction on the benefits a tribunal secretary can provide to the arbitration proceedings
  • Introduction to the controversies regarding the role of tribunal secretaries
  • Overview of the training program
  • Alan Thambiayah
09.20 – 10.00I. What is expected from a tribunal secretary?

-The perspective of arbitrators/parties/ICC on the role of the tribunal secretary and nature of his/her tasks
– How a tribunal secretary can be helpful/main advantages to the arbitration proceedings in their perspective?

Alan Thambiayah
Kim Rooney, Arbitrator and Barrister, Gilt Chambers, Hong Kong; Member, ICC International Court of Arbitration
Stanley Park, Managing Director/Head of Legal, Asia Pacific Region, ‎Scotiabank Global Banking and Markets, Singapore
Pui-Ki Ta, Counsel, Asia Office, ICC International Court of Arbitration,  Hong Kong

10.00 – 10.20Q&A session
10.20 – 10.35II. The appointment of tribunal secretaries

– In which type of cases would the appointment of a tribunal secretary be helpful? In all instances? Should this depend on the complexity of the case or the amount in dispute?
– Who should act as a tribunal secretary? (Junior lawyer/experienced lawyer/paralegal?)
– Statement of Independence and Impartiality (ICC Note on the Appointment, Duties and Remuneration of Administrative Secretaries/IBA Guidelines on Conflict of Interest in International Arbitration)
– Remuneration of the tribunal secretary (Comparison with other institutions and ad hoc arbitration)
– Objections by the parties to the appointment of tribunal secretaries and decision by the arbitral tribunal

Aloysius (Louie) Llamzon, Senior Associate, King & Spalding, New York, United States

10.35 – 10.45Q&A session
10.45 – 11.00Coffee break
11.00 – 11.30III. Overview of the tribunal secretary’s tasks and role in the organization of the
proceedings
– Nature of the tasks: administrative nature?
– Analysis of the main administrative tasks pertaining to the tribunal secretary
– Analysis of the main non-administrative tasks pertaining to the tribunal secretary
– The specificity of ICSID proceedings
Michael Hwang, Senior Counsel & Chartered Arbitrator, Michael Hwang Chambers, Singapore; Chief Justice, Dubai International Financial Centre Courts; Alternate Member , ICC International Court of Arbitration
• Anne Secomb, Freelance arbitration lawyer, primarily working with David Bateson of 39 Essex Chambers, Singapore
 11.30 – 11.45 Q&A session
11.45 – 12.15IV. The support provided by tribunal secretaries from receipt of the case file until the signature of the terms of reference
– The first contacts with the parties
– Drafting the Terms of Reference (ToR) pursuant to Article 23 of the ICC Rules
– Drafting the Procedural Rules (usually Procedural Order No. 1, “PO 1”)
– Preparation of the Case Management Conference (Art. 24 of the ICC Rules)
Romesh Weeramantry, Foreign Legal Consultant, Clifford Chance, Hong Kong
12.15 – 12.30Q&A session
12.30 – 13.30Lunch
13.30 – 14.30Working Groups: Preparing and Drafting a ToR / PO 1

  • Michael Hwang
  • Anne Secomb
  • Alan Thambiayah
  • Romesh Weeramantry
14.30 – 15.00Discussion on the ToR / PO 1

  • Michael Hwang
  • Anne Secomb
  • Alan Thambiayah
  • Romesh Weeramantry
15.00 – 16.30V. The support provided by tribunal secretaries from the signature of the terms of reference until the evidentiary hearing
15.00 – 15.20Procedural aspects

– Issues relating to bifurcation, interim measures, provisional measures: inform arbitral tribunal and prepare procedural orders under the tribunal’s direction and supervision
– Document production requests: provide copies of relevant documents to the president of the tribunal, attend/follow deliberations in this regard, and prepare draft decision in the Redfern Schedule under the tribunal’s direction, control and supervision
– Preparation of pre-hearing conference
– Preparation for the evidentiary hearing
– Role during the Hearing

Emily Hay, Associate, Hanotiau & van den Berg,  Belgium

15.20 – 15.30Q&A session
15.30-16.00Technological aspects

– Creation, organization and transmission of electronic files in order to facilitate the organization of the proceedings

Jonathan Choo, Partner, Bird & Bird, Singapore

16.00-16.10Q&A session
16.10-16.30Coffee break
16.30 -17.15VI. The award

– The role of the tribunal secretary in the deliberations
– The role of the tribunal secretary in the drafting of the award
– Requests for correction/interpretation: draft addendum/decision and liaise with ICC Secretariat

Michael Hwang, Senior Counsel & Chartered Arbitrator, Michael Hwang Chambers, Singapore; Chief Justice, Dubai International Financial Centre Courts; Alternate Member , ICC International Court of Arbitration

17.15-17.30Q&A session
17.30-17.45Closing remarks

Alan Thambiayah

Sponsorship Opportunities

This conference offers you an unrivalled opportunity to maximize your visibility to practicing lawyers, corporate counsel, business professionals, and academics coming from or doing business in Asia.

Learn more about Sponsorship of the ICC Asia Conference on International Arbitration.

Registration

For further information, please contact

  • Charlotte Strandberg
  • +33 1 49 53 29 34
  • Programme and logistics
  • Mouna El Jabri
  • +33 1 49 53 28 67
  • Registration issues
  • Sandra Sanchez Nery
  • +33 1 49 53 28 42
  • Sponsorship