07-09Dec

ICC YAF South Asia Regional Conference

Goa, India, • English

Following Singapore and Seoul, Goa is the 3rd host of this Regional YAF event held every two years.

Description

This two-and-a-half-day event will feature a diverse set of panels and debates on topical issues in international commercial arbitration. The event will include a social programme with lunches, a dinner, coffee breaks and drinks, allowing for many networking opportunities in Goa, the land of sun, sand and sea.

Who should attend?

This conference is aimed at young arbitration practitioners of approximately 40 years or under: counsel, arbitrators, corporate counsel or academics. The ICC YAF Conference is an ideal forum for young practitioners to exchange thoughts on international arbitration and to enrich their network in the region.

Programme

Friday, 7 December
18:00-22:00Welcome Reception
Saturday, 8 December
09:30 – 10:00Welcome Coffee and Registration
10:00 – 11:00Inaugural Session
11:00 – 12:30Pathological Clauses in Arbitration Agreements: A primer on effective drafting of arbitration clauses

Defective clauses in Arbitration agreements, or pathological clauses can result in uncertainty, increased time and cost for the parties involved. Instances where the said defective clauses make it impossible to establish the arbitral jurisdiction, the agreement itself is rendered null and void. In such a scenario, knowing how to incorporate an arbitration clause in agreements and understanding the ambit and scope of the same becomes essential to ensure that the arbitral process does not become protracted and the parties to a transaction are ad – idem in terms of the arbitration clause being relied upon. The panel will discuss the key elements of an arbitration agreement, real examples of pathological clauses and what “not to” draft in an arbitration agreement.

12:30 – 13:30Lunch Break
13:30 – 15:00Lex Loci Arbitri: A Case for Delocalization of International Commercial Arbitration

The delocalization of international commercial arbitration has been a topic that has sparked imaginations and fuelled debate for over two decades. In its most simplistic form, delocalization involves freeing an international arbitration from the constraints of the procedural law of the place of arbitration (Lex Loci Arbitri), thereby leaving it to “float” free of national jurisdiction, irrespective of where the arbitration takes place. Delocalization of the arbitral process and the final award would mean that parties remain unaffected by unforeseen and undesired local procedural law, and do not face the risk that non-compliance, subject to mandatory provisions with the law of the seat would render their award unenforceable. The panel will among others, discuss how delocalization plays out in the region and to what extent do users understand the concept of delocalization.

15:00 – 15:15Coffee Break
15:15 – 16:45‘Anti-arbitration injunctions’: Treading the fine line

Concomitant with the rise of international arbitrations, anti-arbitration injunctions are becoming increasingly popular as a tactical strategy. Although it may seem contrary to the policy of minimal curial intervention, anti-arbitration injunctions are within the jurisdiction of courts and, used in the right circumstances, are compatible with the goals of international commercial arbitration. However, the line between the acceptable use and unacceptable abuse of anti-arbitration injunctions remains fine. The panel will discuss various issues surrounding these injunctions i.e., when it’s needed, the use and abuse of the process as also the stand of various national courts in the surrounding jurisdictions.

Sunday, 9 December
11:00 – 12:15Oxford style debate on “This House believes that the growth of international arbitration in Asia is just a phase, in due course, it will be, just a haze!”

Speakers

Suegene ANGPartner, Wong Partnership, Myanmar
Prateek BagariaPartner, Singularity Legal, India
Akanksha BhagatAssociate, Clifford Chance, Singapore
Abhinav BhushanDirector, South Asia, ICC Arbitration & ADR, Singapore
Tejus ChauhanArbitration Coordinator, ICC India
Ziva FilipicManaging Counsel, ICC International Court of Arbitration, Paris
Tomas FurlongSenior Associate, Herbert Smith Freehills, Hong Kong
Shashank GargICC YAF Representative (North), India; Partner, Advani & Co., New Delhi
Brenda HorriganHead of International Arbitration (Australia), Herbert Smith Freehills, Australia
Rishabh JoganiICC YAF Representative (South), India; Associate, Shardul Amarchand Mangaldas, India
Imran KhanExecutive Director, ICC India
Arun MalRegistered Foreign Lawyer, E&W, Allen & Overy, Hong Kong
Sonali MathurPartner, AZB & Partners, Mumbai
Montek MayalManaging Director, FTI Consulting, India
E.O. MendesAdvocate, Hon’ble High Court of Bombay at Goa
Niraj ModhaBarrister, Tanfield Chambers, London
Nico A. P. MoodutoAssociate, SSEK Indonesian Legal Consultants, Indonesia
Vivekananda NInternational Counsel, Allen & Gledhill LLP, Singapore
James NoblePartner, Harneys, Hong Kong
Emraan RahmaniDispute Resolution Coordinator, ICC Afghanistan, Afghanistan
Mahesh RaiDirector, Drew & Napier, Singapore
Zara ShafruddinAssociate, Jones Day, Singapore
Sonal Kumar SinghManaging Partner, AKS Partners, New Delhi
Jae Hee SuhAssociate, Allen & Overy, Singapore
Tomohiro TatenoSenior Associate, INPEX Browse Ltd., Australia
Jocelyn Lim Yean TsePartner, SKRINE, Malaysia

Logistical notes

Venue

Vivanta by Taj Panaji, Goa, Off D B Bandodkar Road,

Near St. Inez Junction, Panaji, 403001 Goa, INDIA

Travel and accommodation

Travel and hotel expenses are not included. Participants are responsible for making their own travel arrangements and hotel reservations.

Registration

To register please click on the link here: http://registrations.ficci.com/icc/goa/form.html

For more information, please contact:

  • Tejus Chauhan
  • +91 11 23322472
  • Arbitration Coordinator, India
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