PANEL DETAILS | SIAC Symposium 2023

PLENARY I

The Next Generation of Disputes in International Arbitration

This panel will address the future readiness of arbitration to tackle the next generation of disputes, including: (a) shifting trends in traditional industries, such as energy, commodities and petrochemical; (b) the changing contours of traditional categories of disputes, including cross border commercial and ISDS disputes; and (c) the evolution of disputes in newer contexts, including cross-border insolvency and taxation disputes.

MODERATOR

Mr Cavinder Bull, SC

Vice President, SIAC Court of Arbitration;
Chief Executive Officer, Drew & Napier LLC

PANELLISTS

Justice Kannan Ramesh

Judge of the Appellate Division, Supreme Court of Singapore

Justice Christopher S. Sontchi

Judge, Singapore International Commercial Court

Dr Claudia Annacker

Member, SIAC Court of Arbitration; Partner, Dechert (Paris) LLP

Mr Kelvin Poon, SC
Deputy Managing Partner, Head, International Arbitration, Partner, Rajah & Tann Singapore LLP

Mr Julian Soong

Managing Director, Singapore and General Counsel, APAC, ARLANXEO Singapore Pte Ltd

PLENARY 2

Themes Arising from the new SIAC Rules

The Sixth Edition of the SIAC Rules were introduced on 1 August 2016 and have been applied in more than 3,000 international cases. During the public consultation process, SIAC received nearly 1,000 comments from arbitration stakeholders across the world which helped to develop and fine-tune market-leading mechanisms such as the early dismissal of claims and defences, consolidation and joinder.

This panel seeks to continue SIAC’s tradition of consultation with a discussion on the draft 7th Edition of the SIAC Rules which were released in August 2023. The panelists will examine, among the many new provisions, emergency arbitration, expedited procedure, early dismissal, preliminary determination, and rules dealing with multiple contracts, multiple parties and multiple proceedings. This panel will also serve as a first look at SIAC’s new ‘Streamlined Procedure’.

MODERATOR

Mr Kevin Nash

Registrar, SIAC

PANELLISTS

Ms Judith Knieper

Legal Officer, UNCITRAL Secretariat

Mr Dheeraj Nair

Partner, JSA

Mr Paul Sandosham

Partner and Head of Energy, Infrastructure and Resources Disputes, Southeast Asia, Clifford Chance Asia

Mr Ramesh Selvaraj

Partner & Deputy Head, International Arbitration, Allen & Gledhill

Ms Koh Swee Yen, SC

Head of the International Arbitration Practice and Partner in the Commercial & Corporate Disputes Practice, WongPartnership LLP

CONNECT & COLLABORATE 1
Regional Developments

North and Latin America

Connecting Continents: Exploring Arbitration and Trade Trends between Asia and the Americas

Join our interactive panel as we dive into the dynamic trade relationship between the Americas and Asia – a collection of diverse, yet complementary, regions. Our panel of experts will shed light on the latest trends, challenges, and opportunities that define this evolving landscape. The panel will also discuss the potential legal, cultural, and regulatory issues that would be helpful for legal practitioners and businesses alike in managing disputes and dispute resolution strategies across the regions.

MODERATOR

Ms Adriana Uson

Director & Head, Americas, SIAC

SPEAKERS

GaryBenton photo (std res) cropped_edited.jpg

Mr Gary L. Benton

C.Arb, FCIArb, FCollArb, Board Chairman, Silicon Valley Arbitration & Mediation Center; President, California Arbitration

Dr Deborah Elms

Executive Director, Asian Trade Centre

Ms Karina Goldberg

Member, SIAC Court of Arbitration; Partner, Ferro, Castro Neves, Daltro & Gomide Advogados

Mr Ramiro Rodriguez

Director-Head of Mergers & Acquisitions Department, Head-Funds Industry Practice, Duane Morris & Selvam LLP

Ms Angela Torres-Andresen

Founder - Executive Director, Latin American Chamber of Commerce, Singapore

South Asia; Africa and Middle East

Illuminating Top Trends in South Asia, Africa and Middle East

International Arbitration continues to emerge as the preferred dispute resolution mechanism for cross-border commercial disputes in South Asia, Africa and Middle East. In order to meet the needs of its users, the practice of international arbitration is evolving and developing at a fast pace with newer trends and opportunities in these regions. In this collaborative panel discussion, we will discuss the following through case studies: (a) new streams of disputes; (b) proliferation of arbitral institutions; (c) choices in arbitration agreements; (d) use of innovative procedural mechanism such as emergency arbitration; (e) use of technology; and (f) region-specific issues with the enforcement of awards.

MODERATOR

Ms Shwetha Bidhuri

Director & Head (South Asia), SIAC

SPEAKERS

Mr Karim Anjarwalla

Senior Partner, ALN Kenya

Mr Tejas Karia

Member, SIAC Court of Arbitration; Partner and Head of Arbitration Practice, Shardul Amarchand Mangaldas & Co

Mr Jim Morrison

Partner, Peter & Kim

Mr Thomas R. Snider

Member, SIAC Court of Arbitration; Partner, Head of International Arbitration, Charles Russell Speechlys LLP

North East Asia; South East Asia and Asia Pacific

Navigating Challenging Terrain of International Arbitration: Experiences from North East Asia, South East Asia and Asia Pacific

The regions under discussion in this panel have experienced significant geopolitical transitions and evolution in cross-border trade dynamics and relationships. Learn from experts as they share their experiences with navigating cross-border and cultural complexities, preserving commercial relationships and developing strategies for resolving high-stakes disputes in this challenging geopolitical and trade terrain.

MODERATOR

Mr Zhang Cunyuan

Director & Head, China, SIAC

SPEAKERS

Mr Cao Lijun

Member, SIAC Court of Arbitration; Partner, Zhong Lun Law Firm

Mr Minh Dang

Member, SIAC Court of Arbitration; Senior Partner, YKVN

Mr Eri Hertiawan

Member, SIAC Court of Arbitration; Senior Partner, Joint Head, Dispute Resolution & Litigation, Assegaf Hamzah & Partners

Ms Samantha Tan

Partner, Freshfields Bruckhaus Deringer

CONNECT & COLLABORATE 2
Topical Sessions

Technology, Intellectual Property and Artificial Intelligence

Tech, IP, and AI at the Forefront:
Navigating New Terrains in International Arbitration

Join us in navigating the evolving arbitration landscape where technology, intellectual property (IP) rights and artificial intelligence (AI) converge, giving rise to new-age disputes and novel challenges. This session delves into complex legal and dispute resolution issues arising from FinTech, IP ownership, and emerging AI-generated technologies, amongst others. Explore how arbitration offers a strategic path to navigate complexities arising from such disputes and gain insights into regional practices and regulatory trends shaping the future of dispute resolution. This session will also address the topical matter of the use of AI in arbitration proceedings, shedding light on its current applications, potential pitfalls, and promising advancements.

MODERATOR

Ms Snigdha Bhatta

Deputy Counsel, SIAC

SPEAKERS

Ms Yi-Jun Kang

Senior Associate, Morrison & Foerster LLP

Mr Shaun Leong

Equity Partner, Withers

Mr Montek Mayal

Partner & Practice Head for Asia and Middle East, Osbourne Partners

Mr Alexandre Vagenheim

VP, Global Legal Data, Jus Mundi

Cross-Border Insolvency and Commercial Disputes

Commercial and Insolvency Disputes in the International Arbitration World

International arbitration has had unparalleled growth since its humble beginnings. It has now become the default mode of resolving cross border disputes, leading to an increase in its interaction with national laws and legal frameworks. International arbitration now faces a new challenge: insolvency issues in cross border disputes.

These include:

Commercial considerations when a counterparty becomes insolvent during the arbitration;
Issues of insolvency overlapping with statutory national bodies empowered to address issues of insolvency; and
Third party funding considerations in insolvency situations.

This expert panel will navigate through the complexities of dealing with insolvency issues in cross border arbitrations, including tracking the growth of insolvency arbitration, the role of third party funding in insolvency arbitration and noting the skills needed to equip lawyers for these disputes.

MODERATOR

Mr Pranav Budihal

Deputy Counsel, SIAC

SPEAKERS

Judge Robert D. Drain

Of Counsel, Skadden, Arps, Slate, Meagher & Flom LLP

Judge James M. Peck

Senior Of Counsel, Morrison & Foerster LLP

Mr Quentin Pak

Director, Burford Capital

Ms Natalie Yap

Counsel, Nishimura & Asahi

Projects, Infrastructure and Energy

Trends, Issues and Opportunities in the Projects, Infrastructure and Energy Disputes Sector

This panel will provide an opportunity to analyse the political, regulatory, economic and environmental drivers that are triggering the current generation of infrastructure and energy disputes. It will consider dispute avoidance and dispute management strategies for parties in the projects, infrastructure and energy sector. It will further look into the role of lawyers, arbitrators, experts and arbitral institutions in evolving procedure and practice to meet the needs of the ever evolving projects, infrastructure and energy sector.

MODERATOR