Tuesday, 20 May 2014
9:00 - 9:15 a.m.
9:15 - 10:45 a.m.
Country Focus: South Korea
a vigorous economy and modern arbitration laws, South Korea is well positioned
to be deemed one of the most promising frontiers for international business
transactions. In a nutshell, South Korea
has long been a signatory of the New York Convention; their federal
legislation, the Arbitration Act of Korea, mirrors the key provisions of the
UNCITRAL model law; they have entered into a progressive FTA with the U.S.;
and, South Korean courts have proven to be very positive and arbitration
friendly when deciding arbitration-related disputes. With a seemingly positive framework in place,
where is South Korea headed in the international arbitration world? Have they come to embrace investment
arbitration? This panel will open the
conference by providing attendees an overview of how South Korea progressed to
this point, the issues they are facing today, and their prospects for the
10:45 - 11:05 a.m.
11:05 a.m. - 12:35
Gap: The Impact of Culture on the
International Arbitration Process
there a significant difference in holding an arbitration in a jurisdiction in
the east as opposed to one in the west?
Can parties expect any special nuances when going before an arbitrator
from a country of Asian culture compared to one with a U.S. or Canadian
background? Similarly, how do counsel
from these different regions diverge in style when presenting their cases? Many scholars agree that East Asian culture
is one of “consensus building” as opposed to the Western tradition of zealous
advocacy, which can lead to a significant difference in how proceedings are
conducted. This panel will discuss
nuances in Asian and North American culture which affect arbitration and
highlight the practical differences that commonly arise. Finally, they will sum up their discussion by
offering insight on how to tailor a case to suit the players from these various
12:35 - 1:45 p.m.
1:45 - 3:15 p.m.
Investment Arbitration in Asia
of the fastest growing sectors in the world of international arbitration is
undoubtedly investment and state-party arbitration. As a large, diverse and generally
arbitration-forward region, Asia is well positioned to be at the forefront of
this trend. This panel will discuss
recent arbitration cases involving Asian states, viable and beneficial dispute
resolution options including the 2012 ICC Rules of Arbitration, and touch upon
the BITs in place with governments with Asia.
The panelists will also share their thoughts on how they see investment
and state party arbitration evolving in the region over the next decade.
3:15 - 3:35 p.m.
3:35 - 5:00 p.m.
Overview: The Latest Initiatives
Impacting International Arbitration
economic trade and investment continue to flow across borders, businesses from
around the world increasingly turn to international arbitration as their
preferred method of dispute resolution.
Often times, these results in a positive shift in laws and initiatives
passed by individual governments for the purpose of encouraging international
arbitration, and thus, cross border business transactions. In this panel, we
will be provided an update of the legal landscapes in Singapore, Malaysia, the
U.S. (California) and Canada.
Wednesday, 21 May 2014
8:00 - 9:00 a.m.
9:00 - 10:30 a.m.
Jurisprudence: The Latest on the Approach of U.S. Courts and Hong Kong Courts
in Enforcing International Arbitration Awards
recent string of federal U.S. cases have provided varied reasons for the
non-enforcement of some international arbitration awards: the doctrine of forum non conveniens, lack of
personal jurisdiction, and non-compliance with a pre-condition to arbitrate, to
name a few. Do these decisions work to
safeguard the legitimacy of the international arbitration process or are they
overreaching and just create more uncertainty for parties looking to enforce
their awards in the U.S.? On the other
side of the Pacific, Hong Kong courts have put forth a decision which works to
reinforce their willingness to give great deference to the power of arbitral
tribunals by enforcing a contentious award.
This panel of U.S. and Hong Kong practitioners will summarize the key
cases from the past year of each jurisdiction and discuss the reaction from the
international arbitration community.
10:30 - 10:50 a.m.
10:50 a.m. - 12:50
Roundtable: A Discussion on the State of
International Arbitration in Asia and North America
into the fourth year of this conference, we continue the tradition of holding a
panel discussion amongst in-house counsel in order to gain their viewpoint on
the state of international arbitration in Asia and North America. How have their views evolved on dispute
resolution? Are they satisfied with the
speed and efficiency of the process?
What are the challenges they see continuing to plague the system? With economic growth progressing in both
regions, it is inevitable that more business will be transacted and inexorably,
that more disputes will arise. How does
international arbitration best fill this vacuum? This panel will close the conference with
sharp and honest insight into these questions.