HERBERT SMITH FREEHILLS – SMU ASIAN ARBITRATION LECTURE

This year marks the tenth edition of the Herbert Smith Freehills – SMU Asian Arbitration Lecture Series.

We are delighted that Ms Loretta Malintoppi from 39 Essex Chambers will deliver the lecture on Thursday 22 October, on the topic “Don’t Shoot the Sheriff: The Threat of Legal Claims Against Arbitrators and Arbitral Institutions”.

The Herbert Smith Freehills-SMU Asian Arbitration Lecture Series was established in 2010 through funding from Herbert Smith Freehills, and promotes collaborative forms of dispute resolution and access to justice. It also aims to promote Singapore as a leading centre for dispute resolution in Asia, particularly in arbitration and mediation. Each year, a distinguished jurist delivers the lecture, which is also published in a leading global arbitration journal.

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Herbert Smith Freehills – SMU Asian Arbitration Lecture

This year marks the ninth edition of the Herbert Smith Freehills – SMU Asian Arbitration Lecture Series.

We are delighted that The Honourable Justice Judith Prakash will deliver the lecture on Wednesday 2 October, on the topic “The Court’s role in arbitral proceedings: regulator or promoter?”

The Herbert Smith Freehills-SMU Asian Arbitration Lecture Series was established in 2010 through funding from Herbert Smith Freehills, and promotes collaborative forms of dispute resolution and access to justice. It also aims to promote Singapore as a leading centre for dispute resolution in Asia, particularly in arbitration and mediation. Each year, a distinguished jurist delivers the lecture, which is also published in a leading global arbitration journal.

Date:      Wednesday, 2 October 2019

Time:      4:30pm – Registration

5:00pm – Lecture

Cocktail Reception to follow

Venue:   Singapore Management University

Administration Building

Mochtar Riady Auditorium, Level 5

81 Victoria Street

Singapore 188065

Click here to register

The lecture will be a SILE accredited CPD activity.

Global Pound Conference report published

The Global Pound Conference series – a unique and ambitious initiative to inform how civil and commercial disputes are resolved in the 21st century – brought together over 4000 dispute resolution stakeholders, at 28 conferences spanning 24 countries worldwide.

Herbert Smith Freehills, global founding sponsor of the series, has teamed up with PwC and IMI (International Mediation Institute) to identify key insights that emerge from the extensive voting data collected during the series. With a focus on the needs of corporate users of dispute resolution, this ground-breaking report challenges the traditional and fundamental notions of what clients want and how lawyers should represent them in a dispute. We identify four key global themes along with four notable regional differences.

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Podcast: How Arbitration and ADR can be used together

In this short podcast Professional Support Consultants Hannah Ambrose and Vanessa Naish look at how Arbitration and Alternative Dispute Resolution (or “ADR”) can work together. The podcast considers how parties can agree to an ADR process in addition to, or alongside arbitration, looking at approaches in different jurisdictions and under different arbitral institutional rules, before turning to the complexities of drafting escalation clauses in contracts. Finally it looks at how a successful settlement should be formalised to be most effective and enforceable.

Our series of ADR guides is designed to provide clients with essential practical guidance on various processes falling under the banner of ‘alternative dispute resolution’ (ADR).

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Global Pound Conference Hong Kong  – a mandate for change

Hong Kong's status as a leading international dispute resolution hub is well-known. It enjoys a strong, independent judiciary as well as world class international arbitration services. Mediation and other forms of ADR are heavily supported by a myriad of institutions. Although not a compulsory requirement, mediation in the context of civil litigation tends to be interpreted by commercial parties as a mandatory step. Against this backdrop, delegates voted at the recent Global Pound Conference Hong Kong, which saw over 200 delegates from across Hong Kong's disputes market congregate to discuss their approach to commercial dispute resolution. Hong Kong's Secretary for Justice, Chief Justice and Solicitor General headlined the conference.

Click here for our ebulletin on the Hong Kong results, and here for an article on technology in dispute resolution, featuring partner May Tai.

Click here to download our synopsis and infographics on the Hong Kong data as featured on our ADR hub.

Click here to download the aggregated results from the first 18 Global Pound Conference events, which have taken place in 12 countries in Africa, the Americas, Asia, Europe and the Middle East. This includes the very first analysis of the overall trends set to shape the future of dispute resolution globally.

The above provide insights for all stakeholders  – commercial parties, lawyers, experts, judges, arbitrators, mediators and government – on the areas of focus for Hong Kong as it seeks to maintain  – and expand – its position as a leading dispute resolution centre.

 

Multi-tiered dispute resolution clauses in construction contracts: watch out for potential pitfalls

In this article, Elizabeth Kantor and Philip Parrott consider the reasons why parties may wish to include multi-tiered dispute resolution clauses in their construction contracts and warn of common pitfalls which can cause the unwary party to become embroiled in time-consuming and costly procedural battles.

This article was first published in Construction Law on 9 August 2016.

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Launch of landmark global conference series on the future of dispute resolution

Herbert Smith Freehills is pleased to announce the launch of The Global Pound Conference (GPC) Series 2016-17.

The aim of this ambitious worldwide conference series is to build a global conversation about the current landscape of civil and commercial dispute resolution and how dispute resolution tools and institutions should respond to the needs of 21st century business.  In particular, it aims to gather standardised and actionable data on what users of dispute resolution mechanisms need and want and whether those needs are being met.

Over 25 countries worldwide have already committed to holding a GPC event, with more being added. The launch will take place at a two-day conference in Singapore on 17-18 March 2016 and the last event is scheduled to be held in London in July 2017.  Other cities will include Hong Kong, Paris, Dubai, Madrid, Sydney, New York and Frankfurt/Berlin.

The Series, which is being led by the International Mediation Institute (IMI), is being sponsored by Herbert Smith Freehills as well as other global partners: Shell,  AkzoNobel, the Beijing Arbitration Commission (BAC),  JAMS, and the International Centre for Dispute Resolution (ICDR).

Pivotal to Herbert Smith Freehills' pre-eminent disputes practice is a deep understanding of the importance of working with our clients to assess how they can best make use of the various dispute resolution mechanisms available to them.  We have therefore long been at the forefront of efforts to explore what corporates and other organisations actually need from dispute resolution processs and how the existing mechanisms can be improved to meet those needs.  In particular, our award-winning alternative dispute resolution (ADR) practice has undertaken extensive client research studies into how corporates develop strategies for using ADR and we were the lead sponsors of the pilot event for the GPC series, held in London last year. 

We are therefore proud to be the Global Platinum Sponsor of the GPC series.   Alexander Oddy, Partner and member of the GPC Central Organising Group said:

 "The GPC Series is a really exciting and unique opportunity for all stakeholders in the dispute resolution community to shape the way we do things in the 21st Century. It is a chance to understand what corporates and other organisations really need, to share ideas and learning and develop new processes that are fit for purpose.

"What we have today is a relatively developed set of dispute resolution processes but we need to understand how we can use those more effectively in combination and in culturally sensitive ways in the future."

Why the 'Pound Conference' Series?

The original Pound Conference, held in the USA in 1976 (and named in honour of Roscoe Pound, the reforming Dean of Harvard Law School in the 1920s and 30s), was the event widely credited as the stimulus for the development of the range of ADR processes used today. The new Global Pound Conference series is intended to be as ground-breaking and important for corporate dispute resolution as the 1976 conference was.  

Who will attend the GPC events?

Major stakeholders in dispute resolution will attend the GPC Series including businesses, lawyers, chambers of commerce, academics, judges, arbitrators, mediators, policy makers, government officials and others. They will collaborate at each of the conferences around the world to discuss how existing tools and techniques available in dispute resolution are working in practice. They will also stimulate new ideas and generate actionable data on the dispute resolution needs of corporates and other organisations, both domestically and internationally.

How will the GPC gather data? 

The events worldwide will share a common technology platform to enable all participants to vote on standardised core questions about the current and future dispute resolution landscape. The results of the voting for each question will be available immediately to delegates at each event, for analysis and discussion.

What will be the output of the GPC? 

The GPC Series will culminate in a report at the end of 2017, interpreting the data gathered globally to help shape how dispute resolution will be conducted for years to come. The resulting data from all of the events will be publicly available to anyone wishing to research stakeholder views on dispute resolution.  The data collected at individual conferences will be published following each event and we will be providing periodic updates on this blog throughout the 18 month period.

How can I get involved in the GPC?

The GPC gives all those interested in civil and commercial dispute resolution a say in how dispute resolution should evolve. We invite you to participate in this exciting project by attending a GPC event near you over the next 18 months.   The dedicated website www.globalpoundconference.org contains full information about the GPC, the planned events and how to get involved.

Click here​ to watch a brief video explaining the benefits of attend​ing the GPC Series.

Herbert Smith Freehills launches guide on the use of mediation with arbitration within its series of ADR Practical Guides

We are pleased to launch the sixth guide in our series of ADR Practical Guides, designed to provide clients with essential practical guidance on various processes falling under the banner of alternative dispute resolution (ADR), with a particular focus on mediation.

Guide No. 6: ‘Use of Mediation with Arbitration’ provides a brief description of how mediation and other ADR processes can be used with arbitration, including some key points to consider at the stage of drafting dispute resolution clauses and during the arbitration process.

Previous guides in the series can be found on our ADR webpage, together with other materials including our award-winning research into how corporates use ADR.

For more information please contact Alexander Oddy, Partner, Craig Tevendale, Partner, Jan O’Neill, Professional Support Lawyer, Hannah Ambrose, Professional Support Lawyer, or your usual Herbert Smith Freehills contact.

Alexander Oddy
Alexander Oddy
Partner
+44 20 7466 2407
Craig Tevendale
Craig Tevendale
Partner
+44 20 7466 2445
Jan O'Neill
Jan O'Neill
Professional Support Lawyer
+44 20 7466 2202
Hannah Ambrose
Hannah Ambrose
Professional Support Lawyer
+44 20 7466 7585

 

Singapore International Mediation Centre is launched, offering parties an “Arb-Med-Arb” process in partnership with SIAC

The Singapore International Mediation Centre (SIMC) was officially launched on 5 November 2014. Set up following the recommendations of a Working Group chaired by Edwin Glasgow CBE QC and George Lim SC, the SIMC will supplement the array of international dispute resolution options available in Singapore. In particular, the SIMC will work closely with the Singapore International Arbitration Centre (SIAC) to promote mediation within international arbitration through a new ‘Arb-Med-Arb’ protocol (“AMA Protocol“).  

Key features and procedure of the Arb-Med-Arb Protocol

The new model AMA Protocol allows a party to commence arbitration under the auspices of the SIAC, and then proceed to mediation under the SIMC. In practice, parties will, as they would in a regular arbitration, commence proceedings under the AMA Protocol by filing with the Registrar of the SIAC a Notice of Arbitration. The Registrar of the SIAC will inform SIMC of the arbitration within four working days from its commencement (or, if parties had not adopted the AMA Protocol at the outset, from the agreement of the parties to refer to their dispute to mediation under the AMA Protocol). After the filing of the Response to the Notice of Arbitration, and the subsequent constitution of the Tribunal, the Tribunal will stay the arbitration for mediation at SIMC. Upon receipt of the case file from the SIAC, the SIMC will fix a date for the commencement of mediation at SIMC (“Mediation Commencement Date“), which will be conducted under the SIMC Mediation Rules. Unless the Registrar of SIAC in consultation with the SIMC extends the time, the mediation shall be completed within eight weeks of the Mediation Commencement Date.

Under the AMA Protocol, the arbitrator(s) and the mediator(s) will be separately and independently appointed by SIAC and SIMC respectively, under the applicable arbitration rules and mediation rules of eac-h Centre. To ensure impartiality of both processes, the arbitrator(s) and mediator(s) will usually be different individuals, unless otherwise agreed by the parties. This represents a departure from the traditional understanding in Asia of the arb-med process in which arbitration and mediation proceedings are conducted by the same person.

It is also worth noting that all mediations conducted under the rules and auspices of the SIMC (which would include mediations under the AMA Protocol) are private, confidential, and without prejudice, unless otherwise agreed by the parties.

If the mediation is successful, the settlement is taken back to the tribunal to be recorded in the form of a consent award. A consent award is generally accepted as an arbitral award and, subject to any local legislation and/or requirements, is generally enforceable in the approximately 150 New York Convention member states. The non-justiciable elements of any mediated settlement (for example, settled disputes that fall outside the scope of the arbitration agreement and hence the tribunal’s jurisdiction) would need to be recorded in a separate settlement agreement (which would not be enforceable under the New York Convention). Parties who cannot settle their disputes through mediation may continue with the arbitration proceedings.

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