Conference Programme

This interactive discussion will focus on emerging global trends in arbitration, with panellists from Kenya, Fiji, Hong Kong, Singapore and Australia. The panel will examine a diverse range of topics, including the regulation of AI, expedited procedures, emergency arbitration and the role of third parties, looking at the different practices and perspectives which have arisen across Africa and Asia Pacific. The panel will also consider the role of national courts in the arbitral process, including the development of international commercial courts and practical points to consider in relation to the enforcement of awards.

Chair: Simon Chapman KC, Herbert Smith Freehills, Hong Kong

Panel:

• Jacqueline Waihenya, JWM Law, Kenya
• Mark Johnston KC, North Quarter Lane Chambers, Brisbane
• Ana Tuiketei, International Lawyer & Arbitrator, Fiji
• Monica Chong, Wong Partnership, Singapore

How are investors meant to navigate an increasingly challenging regulatory environment? Whether responding to the challenges of different layers of government, changes to government, the changing requirements to curb emissions and find ever-greener energy and other ESG requirements, investors must find security within an increasingly maligned system. Should they bring a claim, what will the process be? Does conciliation work? Turn the page and go to Session 2 to choose if you invest more or bring a claim…

Chair: Ben Juratowitch KC, Essex Court Chambers, London

Panel:

• Carlos Martinez-Betanzos, Busham Ringe y Correa, Mexico City
• Ben Love, Boies Schiller Flexner, New York
• Lee Carroll, White & Case, Melbourne
• Bryce Williams, Permanent Court of Arbitration, The Hague

One of the key advantages of arbitration is its procedural flexibility, allowing the parties to tailor the arbitral procedure to the specific needs of their dispute, as well as to accommodate changing or unforeseen circumstances. This panel will discuss what procedural options lie at the parties’ disposal, whether they have any impact on the outcome of a dispute, and how parties and their counsel can deploy these options to win cases. The panel will also explore, from the arbitrators’ perspective, how to make use of the flexibility in arbitral procedure to ensure an effective, efficient and fair dispute resolution process.

Speakers:

• Simon Greenberg, Clifford Chance, Paris
• Jennifer Lim, Duxton Hill Chambers, Singapore

We examine the factors that are important in proving a case before an arbitral tribunal when evidence may be unavailable or difficult to obtain.

Topics discussed will include:

• How to deal with imperfect evidence: what strategies are available?
• Missing records due to war, lapse of time, or a failure of disclosure: how to address?
• The desirability for discipline being exercised over expert evidence to encourage alignment and focussing on relevant issues
• The use of visual and other aids to assist a tribunal in understanding a complex situation

Chair: Liam Kelly KC, Gerald Brennan Chambers, Brisbane

Panel:

• Louie Ogsimer, Romulo Mabanta Buenaventura Sayoc & de los Angeles, Manila
• Vivian Siu, FTI Consulting, Sydney
• Juliana Jorissen, King & Wood Mallesons, Perth
• Cameron Forsaith, Franklin Legal, London

This panel will bring together leading industry and legal experts to discuss how Australia is tracking in its energy transition, the challenges Australia is facing and the role arbitration can play as part of the solution.

Our panellists will discuss the types of disputes that arise in the energy sector and the dispute resolution mechanisms best suited to resolving such disputes, including arbitration.  They will look ahead to what types of disputes may be over the horizon, based on their experience in Australia and around the world.

Chair: Diana Bowman, Australian Centre for International Commercial Arbitration, Sydney

Panel:

• Tom Clarke, Victorian Bar, Melbourne
• Kim Middleton, Marque Lawyers, Sydney
• Simon Currie, Energy Estate, Sydney
• Amanda Murphy, BHP, Perth

In 2,839 days from this conference, Brisbane will welcome the world, and more than fourteen thousand athletes will find out whether the years of preparation they have put into their sport are enough to secure gold. As the mode of dispute resolution for many facets of the Olympics, arbitration, like the athletes, will need to make sure that it is prepared for what comes its way between now and 2032.

This panel will consider the timeline to the Games, and will consider arbitration’s role, and readiness, for the issues that may arise on the road to Brisbane 2032, including relating to infrastructure, sustainability, IOC stipulations, and the sports regulatory framework, including Olympic selection and doping.

Arbitration is a critical part of preparing for the Games, and, if ready, has a unique ability to cross borders and ensure a fair and level playing field for athletes, administrators, contractors and suppliers involved with this significant event as they “go for gold”.

Chair: Carla Mills, Corrs Chambers Westgarth, Sydney

Panel:

• Alexis Schoeb, Peter & Kim, Sydney
• Venetia Bennett, Francis Burt Chambers, Perth
• Melissa Yeo, Ashurst, Brisbane
• Ryan Cable, Clayton Utz, Brisbane

Ready to show off your knowledge of the New York Convention? Are you prepared to flex your dedicated and thorough study over the past twelve months of the Geneva Protocol, in front of your colleagues and friends?

With modern fun questions relating to sport, celebrities (perhaps even including a famous sixth billionaire engagement), serial litigants (including that person who likes expensive seats), history, animals and of course arbitral procedure, on 14 October, one of you will take home gold.

You need only ask Lewis Hamilton, it all comes down to the last lap. The rules for the Arbitration Quiz are in incredibly simple. Subscription is not required. There are no terms and conditions.

But – unlike Olympic gymnastics, there will be no right to appeal your answer or your team’s final score. So if you are not in front when the questions are done and you somehow forgot to bring your drone to spy on your rivals, you will be heading home emptyhanded with no medal at all.

Paris’ slogan was – Ouvrons Grand les Jeux, or Games wide open.

Our slogan is Ouvrons Grand Le Quiz d’Arbitrage.  Two points to the first team who remembers to translate this slogan on their answer sheet!

Chair: Gowri Kangeson, DLA Piper, Melbourne

Panel:

• Dr Mariel Dimsey, CMS, Hong Kong
• Chris Humby, Nexus Chambers, Adelaide
• Jason Mitchenson, Level Twenty-Seven Chambers, Brisbane