Conference programme

The escalating geopolitical tensions and expanding economic sanctions regimes have created unprecedented challenges for international arbitration practitioners. This panel will examine how geopolitical factors impact arbitration proceedings, including practical considerations for arbitrator selection, fund transfers, jurisdictional issues and challenges in enforcement in disputes involving sanctioned states or entities.

Obtaining an arbitration award against a state or state-owned entity is often only the beginning of the dispute resolution journey. In practice, enforcement frequently becomes the most challenging phase, particularly where sovereign immunity defences, asset tracing issues and jurisdiction-specific enforcement limitations arise. This panel will examine the evolving landscape of sovereign immunity and award enforcement across key Asia-Pacific jurisdictions. It will also discuss practical enforcement strategies, including asset tracing, indirect pressure mechanisms and jurisdictional forum selection.

As investment treaty arbitration faces growing scrutiny, mediation is increasingly discussed as a complementary or alternative dispute resolution mechanism in investor-state disputes. This panel will explore the recent rise in International Centre for Settlement of Investment Disputes conciliation cases, the emergence of new players, ongoing reform discussions within the UNCITRAL Working Group III and the potential role of mediation in resolving investment disputes. The discussion will also consider how mediation aligns with the objectives of the Singapore Convention
and the evolving landscape of investor-state dispute settlement.