30 June 2019
The Big Deal: Managing Disputes in Asia conference
ABLI is excited to be organising one of the sessions of The Big Deal: Managing Disputes in Asia series to be held in Singapore on the sidelines of the signing of the Singapore Convention on Mediation on 5 August 2019.
Session 3 - Enforcing the Judgment: Convergence of Asian Business Laws to Facilitate Certainty for Investment and Trade
Even after having a dispute resolved by a court, there is the tricky matter of the recognition and enforcement of a judgment—particularly in Asia. Chairman of ABLI's Board of Governors, the Honourable the Chief Justice Sundaresh Menon, has observed that:
... [t]here is nothing more frustrating to the ends of transnational commerce than for a business actor to obtain a judgment in one jurisdiction and then find that it is in fact worth nothing more than the paper on which it is printed in another. Certainty in enforcement of judgments will enable businesses to have greater confidence to invest and trade freely.
ABLI has been fortunate to secure mix of panellists in terms of gender, geographical representation professional background and expertise to discuss various issues surrounding the portability of judgments in Asia. Brief biographies of ABLI's panellists are set out below.
ABLI's panel will:
- discuss the hurdles to improving the portability of foreign judgments in the region.
- highlight specific improvements that have been made in the region.
- examine the impact, in economic terms, of not having a harmonised regime for the recognition/enforcement of foreign judgments in Asia.
- propose unique solutions to this problem in Asia.
Details of Session 3
Venue: Stamford Raffles Room, Level 3, Maxwell Chambers, 32 Maxwell Road, Singapore 069115
Date: 5 August 2019
Time: 2:45pm – 05:00pm
Cost: SGD 214.00
About The Big Deal series
ABLI's session is one of three sessions being held as part of The Big Deal: Managing Disputes series.
The Big Deal is a holistic take on what is being done so that businesses and legal industry stakeholders can work effectively to manage and resolve disputes before, during and after deals, with a view towards preserving relationships, lowering transaction costs, promoting certainty, and creating new commercial opportunities.
The details of the other sessions are as follows.
Session 1 - Getting the Deal: Managing Deal Negotiations through Dispute Resolution Strategies
Much of successful deal lawyering, whether as external counsel or as in-house counsel, requires a nuanced understanding of the immediate deal, a deep appreciation of the business context of that deal, and a strategic view of the broader context in which that business operates. The culture wars that are playing out on a global scale bring into sharp relief the matter of what is distinctive (or not) about the business culture in the region and how deal-making is approached. This panel will wrestle with the implications of this on how legal professionals approach deal-making in terms of negotiation, drafting and enforcement of terms. Do current approaches and methodologies for dispute resolution adequately address nuances of doing business in Asia and how might they be adapted or deployed in a more culturally sensitive manner? What are some ways in which the risks of doing business in Asia can be mitigated through a dispute management strategy that is culturally calibrated?
Time: 9.30 am to 11.45 am
Session 2 - Keeping the Bargain: ADR Protocols and Mechanisms to Facilitate the Post-signing Implementation of a Deal
Going to court is not the only option when one party doesn’t hold up their end of a contract. This session will explore the range of alternative dispute resolution mechanisms available to help facilitate the implementation and enforcement of deals, however big or small. Crucially, the session will explore the range of sector-specific ADR protocols and schemes available, including the Singapore Infrastructure Dispute-Management Protocol (SIDP) and the range of dispute resolution schemes administered by the Law Society of Singapore. It will also examine the implications of the Singapore Convention on Mediation for the use of ADR in managing the disputes that arise within ongoing business relationships. The panel will conclude with insights as to the ways in which ADR professionals and their commercial clients can use such tools strategically as part of managing the implementation of a deal.
Time: 12.30 pm to 2.45 pm.
Register for both events here
Session 3 Panellists
||The Honourable Justice Vichai Ariyanuntaka
Senior Judge, Intellectual Property & International Trade Court
The Honourable Justice Vichai Ariyanuntaka is a senior judge at Thailand's Central Intellectual Property and International Trade Court which has exclusive jurisdiction over intellectual property and international trade disputes in Thailand. A law graduate from Chulalongkorn University (LLB Hons), the University of Wales (LLB Hons) and the London School of Economics (LLM), Justice Ariyanuntaka is qualified both in Thailand and in England as a member of Gray’s Inn. As a judge and as administrator, Justice Ariyanuntaka has vast experience in arbitration, intellectual property and commercial disputes. Other positions Justice Vichai has held include Chief Judge of the Central Labour Court, Secretary-General to the President of the Supreme Court and Secretary-General of the ASEAN Law Association. Justice Ariyanuntaka is also a Professor of Law at Thammasat University and spends part of his time teaching at various legal institutions, including the Thai Bar.
||The Honourable Justice Anselmo Reyes
International Judge, Singapore International Commercial Court
The Honourable Anselmo Reyes practises as an arbitrator. He was Professor of Legal Practice at Hong Kong University from October 2012 to September 2018. Before that, he was a judge of the Hong Kong High Court from 2003 to 2012 when he was in charge of the Construction and Arbitration List (2004 to 2008) and the Commercial and Admiralty Lists (2008 to 2012). Justice Reyes was Representative of the Hague Conference on Private International Law's Regional Office Asia Pacific from April 2013 to July 2017. Justice Reyes became an International Judge of the Singapore International Commercial Court in January 2015.
||Mr Philip Jacobs
Investment Director, IANUA Market
Mr Philip Jacobs is an investment director of IANUA Market and a Senior Advisor of a private debt fund. Previously, he was a Capital Markets Structurer at Morgan Stanley for seven years, where he provided advisory services in structured finance transactions for a broad range of investors and vendors across capital structure, products, documentations and jurisdictions. Mr Jacobs has been a delegate at various expert commissions on capital market financing of German mid-market corporates and Loan Market Association/International Swaps and Derivatives Association–related topics (private debt, German distressed market, recognition and enforcement of contracts) and has worked as an expert for the German Ministry of Finance. Holding a Diploma in Mathematics with distinction from the Technical University of Munich, Mr Jacobs has particular interests in financial econometrics and restructuring.
||Dr Yu Meng
Founder, China Justice Observer
Dr Yu Meng is the founder of China Justice Observer (CJO) and a postdoctoral fellow (private international law) at the China University of Political Science and Law (CUPL). CJO’s mission is to present to a non-Chinese audience the real Chinese judicial system, in addition to civil and commercial litigation in China. Dr Yu and her team of lawyers focus on recognition and enforcement of foreign judgments in China. As a postdoctoral fellow, Dr Yu specialises in projects on the proof of foreign law in Chinese courts. Dr Yu obtained her PhD in law (judicial system) from CUPL and was also a visiting scholar at the University of Geneva, Switzerland.
||Dr Adeline Chong
Associate Professor, School of Law, Singapore Management University
Dr Adeline Chong is an associate professor of law with the Singapore Management University. She obtained First Class Honours from the University of Birmingham and subsequently was awarded a scholarship to pursue a Ph.D in Nottingham. Dr Chong has published in the Law Quarterly Review, International and Comparative Law Quarterly, Lloyd’s Maritime and Commercial Law Quarterly and the Journal of Private International Law, and is the co-author of Hill and Chong, International Commercial Disputes: Commercial Conflict of Laws in English Courts (Oxford, Hart, 4th edn, 2010). Her work has been cited by the Singapore and New South Wales Court of Appeals, the Singapore and New Zealand High Courts, as well as in leading texts on conflict of laws such as Dicey, Morris and Collins on the Conflict of Laws. She is the Project Lead for the Asian Business Law Institute’s project on harmonising the recognition and enforcement of foreign judgment rules in Asia.
||Mr Nish Shetty
Partner, Clifford Chance Asia
Nish Shetty leads the Litigation and Dispute Resolution practice in Asia Pacific. He is regarded as a leading expert in the field of dispute resolution and has advised on some of the most complex cross-jurisdictional regulatory issues in recent years in Asia including the Libor/Sibor investigations and the foreign exchange rate investigations. Nish is recognised in leading directories Chambers Asia Pacific and The Legal 500 as a leading practitioner, with clients commenting on his practical and highly commercial approach to handling matters. Some of his recent matters include advising a major international bank in relation to an independent review arising out of MAS investigations into setting of SGD SIBOR and swap offer rates and other FX benchmark rates; advising a major international bank in relation to a regulatory inquiry involving Asian interest rate setting mechanisms and advising a major global insurance company in relation to MAS investigations into potential breaches of the Financial Advisers Act through the provision of financial advisory services by unlicensed employees. Nish is qualified in both England & Wales and Singapore.