The international arbitration market had to adapt and evolve rapidly to deal with the challenges presented by the Covid-19 pandemic. Not only is technology increasingly being utilised to facilitate arbitration proceedings, remote and virtual hearings are becoming the “new normal”. One also see the emergence of new forms of commercial and investor-state disputes arising from the passing and implementation of governmental legislation and regulations and increasing invocation of material adverse effect/change clauses.
Asia Pacific has been at the forefront of innovation and developments in international arbitration, and will continue to do so. How will the practice of international arbitration in Asia Pacific adapt to the new era of social distancing ushered in by the Covid-19 pandemic, and develop best practices embracing the “new normal” with its diversity in culture, legal systems, languages and traditions? Such innovation and developments shall be discussed and presented in various aspects including:
- What developments have been observed and made in international arbitrations with Asia Pacific elements in the light of the Covid-19 pandemic
- Which of these developments can be expected to impact the practice of international arbitration globally?
- In the aftermath of the Covid-19 pandemic, what will dispute resolution mechanism look like?
Each session will be followed by a 30-minute networking session (1015-1045 BST) for attendees to join and chat with speakers and other participants.
Day 1: Excusable or not? Consequences on contract performance in international arbitration
22 September 2020, 0900-1045 BST
- How Covid-19 could affect contractual obligations
- Recent developments on the invocation of concepts of force majeure, frustration and interpretation of particular clauses, including material adverse effect/change clauses
- How the invocation and interpretation of general legal doctrines and jurisprudence have evolved in Asia Pacific due to Covid-19 pandemic
- The best practices in putting particular clauses in your contracts in various industries in Asia Pacific
- Procedural consequences - what developments have been observed in international arbitrations with Asia Pacific?
- Where to from here - gazing into the crystal ball
- Swee Yen Koh WongPartnership, Singapore; Vice Chair, IBA Arbitration
- Gaëtan Verhoosel Three Crowns, London; Co-Chair, IBA Arbitration Committee
- Sapna Jhangiani QC Clyde & Co, Singapore
- Matthew Gearing QC Allen & Overy, Hong Kong SAR
- Darius Khambata SC One Essex Court, Mumbai
- Kap-You (Kevin) Kim Peter & Kim, Seoul
- Ariel Ye King & Wood Mallesons, Shenzhen; Chair, IBA One Belt One Road Subcommittee
Day 2: A pandemic arbitration wave? The rise of investor-state arbitrations in the aftermath of the pandemic
24 September 2020, 0900-1045 BST
- Can investment agreements be a powerful tool to recover or prevent loss resulting from COVID-19 related government emergency measures?
- Should the emergency measures be shielded from the investor-state arbitration?
- What are the case scenarios/potential claims in the field of investor-state arbitrations? What are the possible state defences and arguments?
- What are the perspectives of stakeholders in Asia Pacific?
- More mediation within investor-state arbitrations in Asia Pacific?
- Will investor state arbitration survive the Covid-19 crisis? Can investor-state arbitration remain as a preferred mechanism for resolving investment disputes? What will dispute resolution mechanism for investor-state disputes look like in the aftermath of the Covid-19 pandemic?
- Sarah Grimmer Hong Kong International Arbitration Centre, Hong Kong SAR
- Professor Doug Jones AO Independent Arbitrator, Sydney, New South Wales
- Toby Landau QC Essex Court Chambers, Singapore
- Judith Levine Independent Arbitrator, Sydney, New South Wales
- Alvin Yeo SC WongPartnership, Singapore
- Chié Nakahara Nishimura & Asahi, Tokyo
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Session recordings, where applicable, will be available to all registered delegates.
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