THAC x APRAG Symposium: One-Day Seminar on International Arbitration Trends in Asia and Globally

After several years of online events, the APRAG and THAC are honoured and impatient to host a joint event in person, located in Bangkok. The symposium will focus on the hottest current topics and International Arbitration Trends in Asia and Globally. While the World felt like pausing during the pandemic lock down period, the Dispute Resolution field did not stutter. This symposium welcomes some of the biggest names in international arbitration , from both Asia and afar, who will share their precious experience and knowledge with our participants.

Session1 “TREATMENT of DAMAGES in CIVIL and COMMON LAW COUNTRIES”

Due to the divergence in approaches taken by Civil and Common law systems, it is critical for arbitrators, counsel and in-house counsel alike to know how they should put together and present their cases in order to best deal with the treatment and quantification of damages. At times, counsel from different jurisdiction sometimes approach the issue of damages from polarised positions. Counsel from one system who are not familiar with the other may make the wrong approach risking their clients getting reduced or no damages. Similarly, arbitrators from one system who are unfamiliar on how to deal with damages in the other system also face the danger of ignoring fundamental rules in how to deal with damages. In addition to dealing with the fundamentals of compensatory damages, the panellists will also share their experiences on the preferences of different arbitration centres in making default appointment of arbitrators and how such preferences may impact upon the presentation and treatment of damages in the arbitration.

“THE RCEP: CHALLENGES and OPPORTUNITITES for ARBITRATION PRACTITIONERS in ASEAN and APAC”

The second session deals with the RCEP and its Challenges and Opportunities for Arbitration in ASEAN and APAC. The Regional Comprehensive Economic Partnership (RCEP) Agreement is a Free Trade Agreement between the 10 ASEAN Member states and its 5 FTA partners Australia, China, Japan, Republic of Korea and New Zealand. It is a comprehensive, high quality and mutually beneficial economic partnership that aims to facilitate the expansion of regional trade and investment. It has an inclusive rules-based multilateral trading system and contains 20 chapters regulating a range of matters, including trade, investment and competition. The Dispute Settlement Chapter is intended to provide effective, efficient, fair and transparent rules and procedures to settle disputes arising under the RCEP Agreement. There are clauses where the RCEP dispute system is not applicable and some clauses contain a number of specific exceptions. The panellists will discuss the different opportunities as well as challenges for fostering increased usage of arbitration by business and individuals in the Asia-Pacific Region including ASEAN .

“ADMISSIBILITY and ARBITRABILITY in INTERNATIONAL ARBITRATION”

The third session deals with Admissibility and Arbitrability in International Arbitration. Modern commercial contracts typically contain a dispute resolution clause specifying pre-conditions or pre-arbitral mechanisms that parties must comply with before being able to refer a dispute to arbitration. Such clauses often give rise to debates as to whether failure to comply with enforceable pre-conditions affects the jurisdiction of the tribunal to hear claims arising out of the arbitration agreement, or whether it is simply a matter of the admissibility of the claims. Courts in a number of jurisdictions have decided that save for procedural irregularities and/or findings made in bad faith or contrary to public policy, decisions made by tribunals on admissibility are final and cannot be challenged in setting aside proceedings. The panellists shall also discuss the latest trends, in different jurisdictions, pertaining to the treatment of arbitrability.

“IMPACT of SANCTIONS on INTERNATIONAL ARBITRATION”

The final session deals with the important topic of the Impact of Sanctions on International Arbitration. Since the US imposition of OFAC sanctions on Crimea in 2014, the world has increasingly become more polarised with more slew of sanctions emanating primarily from the EU, UK, and US on the one hand and counter sanctions from China and Russia on the other hand. Article 18 of the UNCITRAL Model Law safeguards the parties’ basic procedural right of equal treatment and their right to be heard as the essential principles of arbitral due process. A party that needs to comply with a sanction in his home country will have the right to say that he should not be placed in certain harm’s way. Asian parties who conduct business with entities from those countries, or who require awards to be enforced in those countries, may be affected by the sanctions. This panel will deal with how sanctions have caused a major headache for arbitrators, counsel, parties and third parties alike and how sanctions have impacted on international arbitration particularly for all players on the Asian continent. The panelists will also explore problems faced by arbitrators and counsel issues emanating from the inability to make or receive payment to the ability for sanctioned individuals to act.