The growth of international commercial arbitration is unstoppable, largely fuelled by the enlargement of international trade and investment. Even with the current global economic uncertainties, commercial disputes can be expected to occur, if not abated. Arbitration as a method of dispute resolution was once considered “non-law”, but has now transformed into a form of “private judiciary”, with its proceedings becoming increasingly “judicialised”, and thus requiring highly specialised handling. Among others, the increasing complexity of procedural technicalities and adversarial processes in arbitration has resulted in an increased demand as well as burden on arbitrators.
The appointment and conduct of arbitrators are steep in the principles of impartiality and independence. In arbitration, the arbitrants are accorded substantial powers to challenge the appointment of the arbitrators but, in reality, this is not as
effortless and straightforward as it seems.
This seminar aims to provide Members of the Bar and local arbitration practitioners with updates on the challenge of arbitration, and will cover the following aspects:
- Impartiality and independence of arbitrators
- Efficacy of the International Bar Association (“IBA”)
- Guidelines on Conflicts of Interest in International
- Arbitration in international arbitral proceedings
- What constitutes failure and/or impossibility to act
- To challenge or not to challenge, that is the question: A right or wrong tactical move
- Dealing with the aftermath of a failed challenge: Incurring the wrath of the arbitrator?
Professor Steve Ngo is an arbitrator, academic, and international arbitration specialist. He is the founding President of Beihai Asia International Arbitration Centre (“BAIAC”) Singapore — the first international arbitral centre established by Beihai Arbitration Commission, China, in Singapore — which focuses on disputes arising from China-ASEAN regional trade and investment. He is also Chairman of the Arbitration and International Dispute Resolution Practice Group of ASEAN Legal Alliance — a private network of law firms that come together from each of the ASEAN countries to offer a seamless delivery of legal services across a diverse cultural, geographical, and legal backdrop.
Among others, he is also a Member of the Ethics Council (“Dewan Kehormatan”) of the Indonesian Advocates Association (Persatuan Advokat Indonesia, “PERADIN”), member of the American Arbitration Association / International Centre for Dispute Resolution (“AAA/ICDR”) Asia Advisory Board, member of the International Chamber of Commerce (“ICC”) Singapore Arbitration Group, and Academic Adviser, Belt and Road Legal Service Research Association, Macau.
He has advised public and private entities not only on post-dispute matters but also on negotiation, mediation, and dispute management. Over the past decade, he has specialised in India, Indonesia and China — the three key growth economies of Asia and Southeast Asia. In addition to international commercial arbitration, he has been consulted on potential investor-state arbitrations, evaluating cases against and for the state party.
He has been appointed to various positions at several universities, and has written and published on subjects relating to international arbitration as well as dispute resolution, including books on Chinese and Indonesian perspectives. His views on dispute resolution have been sought and reported by the media.
Terms and Conditions
Places are limited and registration is on a first-come, first-served basis.
For events with registration fees, all payments must be made in advance, including bank charges. Registration will be confirmed once proof of payment is provided by email or fax, and full payment is received.
For events that are not organised by Bar Council, please note that you are subject to the relevant terms and conditions specified by the external providers.
Cancellations must be made in writing at least 48 hours prior to the event.
If you have failed to inform the organiser on your cancellation for three consecutive times, you may be blacklisted for future events.
Refunds will be processed after the event is completed. This may take up to 30 business days. The conditions for refunds are as follows:
- Full refunds will be issued if the cancellation is notified to the organiser three business days before the event.
- No refunds will be issued if the cancellation is notified to the organiser less than three business days from the event.
The organiser reserves the right to modify, cancel or postpone the event, should circumstances arise that make such action necessary, whereupon all registration fees paid will be refunded.
You are allowed to transfer your place to another participant, but you must notify the organiser with the necessary details.
CPD points will not be awarded to lawyers and pupils in chambers from Peninsular Malaysia who arrive more than 15 minutes late, are not present throughout the event, or leave before its scheduled end.
The personal information that you provide to the Bar Council, whether now or in the future, may be used, recorded, stored, disclosed or otherwise processed by or on behalf of the Bar Council for the purposes of facilitation and organisation of this event, research and audit, maintenance of a participant database for the promotion of this event, and such ancillary services as may be relevant.
- Materials will be emailed only. No printed notes will be provided.
- No recording of the event is permitted via any means at any time.
- No part of the event content may be used/reproduced in any form without the written and explicit consent of the Bar Council and speaker(s).