Herbert Smith Freehills has promoted three new Of Counsel from within the global arbitration practice with effect from 1st May. With promotions in Singapore, Johannesburg and Frankfurt the new Of Counsel are:
Tag: Asia
Register to attend London International Disputes Week 2023: International Arbitration Day (15 May 2023)
This year’s London International Disputes Week (LIDW)’s International Arbitration Day will ‘follow the arbitration sun’ across key regions and jurisdictions, featuring keynote speeches and panels from some of the leading global figures from across the dispute resolution community. Herbert Smith Freehills are delighted to be a co-host of LIDW’s inaugural International Arbitration Day, hosting a number of panels and networking events at our offices. This event is free to attend and offers both in person and virtual attendance for some sessions. Click here to find out more about all of the events on offer at LIDW’s International Arbitration Day or here for more information about the full programme for LIDW.
Our speakers from Herbert Smith Freehills across the day include:
The Asian International Arbitration Centre gets a new Director
After more than 3.5 months without a Director, Datuk Professor Sundra Rajoo has been appointed as the Director of the Asian International Arbitration Centre (“AIAC“).
SMU Asian Arbitration Lecture 2022
Please join us at the Herbert Smith Freehills-SMU Asian Arbitration Lecture on Wednesday, 23 November 2022, 5:00 PM.
This year’s lecture will be presented by Prof. Dr. Diane Desierto on the subject of “Human Rights, Environmental and Climate Change Law in the Substance and Procedure of International Arbitration“.
Inter-State, investor-state and commercial arbitration in recent years has increasingly wrestled with the complexities of human rights, environmental, and climate change law and their impact on the substance and procedure of international arbitration. This lecture will map all of these affected areas of substance and procedure for inter-State, investor-State and commercial arbitration, and conclude with specific normative recommendations on where international arbitration has to adapt, and where it has to stay the course, despite (or precisely because of) the evolutive nature of human rights law, environmental law, and climate change law and their growing presence in international arbitration disputes.
The lecture will be followed by a panel discussion moderated by Gitta Satryani (Partner, Herbert Smith Freehills) who will be joined by Guest of Honor Ms Daphne Hong (Solicitor-General), and Prof. Dr. Diane Desierto, Antony Crockett (Partner, Herbert Smith Freehills) to discuss the issues raised in the lecture and answer questions from the audience.
We are pleased that the lecture will return to an in-person format this year and will be held at the Mochtar Riady Auditorium at Singapore Management University, Victoria Road. The Lecture commences at 5:00 PM with a post-event cocktail reception from 6:30 PM – 7:30 PM. Further details of the Lecture including the Programme can be found here.
The Herbert Smith Freehills-SMU Asian Arbitration Lecture Series was established in 2010 and made possible by a term fund contribution by Herbert Smith Freehills. The objective of the Lecture Series is to promote collaborative forms of dispute resolution and access to justice, and in so doing to promote Singapore as the centre for dispute resolution in Asia, particularly in arbitration and mediation.
The lecture will be a SILE accredited CPD activity (1.5 points).
For more information, please contact Gitta Satryani, Partner, Alastair Henderson, Partner, Antony Crockett, Partner, or your usual Herbert Smith Freehills contact.
Gitta Satryani
Partner
+65 91254216
Alastair Henderson
Partner
+65 91790907
Antony Crockett
Partner
+852 93353752
Dispute Resolution in Asia-Pacific: Parties seek efficient processes and enforceable outcomes
Following our report on the Global Pound Conference series, which brought together over 4000 stakeholders at 28 conferences worldwide, our analysis of the Asia Pacific results reveals different demands in Asia and Oceania.
Six Asia Pacific cities hosted conferences to assess how dispute resolution can be improved: Singapore; Hong Kong; Chandigarh, India; Bangkok, Thailand; Sydney, Australia and Auckland, New Zealand. Each conference addressed the demand side (commercial party perspectives on dispute resolution); the supply side (what advisers and providers are delivering to commercial parties); the key obstacles and challenges; and what needs to be addressed to effect change.
In Asia the data revealed a clear desire for enhanced regulation of mediation compared to Oceania. At first blush, this could be said to be rooted in civil versus common law traditions. But only one of the Asian countries to host a GPC event, Thailand, has a civil-law system. The reason appears to be more complex: enhanced regulation, particularly around enforcement, would lend credibility to mediation in Asia as a viable alternative to litigation or arbitration. This is particularly so in the context of commercial cross-border disputes. UNCITRAL’s proposed New York-style Convention on the mutual recognition and enforcement of mediation settlement agreements is likely to be applauded in Asia and may hail an inflection point for the use of mediation.
Join us in Singapore to celebrate 60 years of the NY Convention
Enforcement of arbitration awards in SE Asia
This year marks the 60th anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, commonly referred to as the “New York Convention”. As one of the most successful international treaties of the 20th century, and a primary tool in the promotion of arbitration worldwide, the Convention established a regime to facilitate international enforcement of arbitration awards in 159 countries.
This event will discuss the impact of the Convention in Southeast Asia, and whether its objectives have been successful in practice. Following a keynote address by Justice Anselmo Reyes of the Singapore International Commercial Court, a series of presentations and panels will discuss the history of the Convention; how it shapes the day-to-day conduct of international arbitration; practical experience of enforcement in ASEAN states (with data from a new survey); and future prospects for similar regimes that aim to support international litigation and mediated settlements.
This event is jointly hosted by Singapore Management University (a premier university, internationally recognised for world-class research in the field of international arbitration); Singapore International Dispute Resolution Academy (a non-profit organization supported by the Ministry of Law, and Asia’s global thought leader for learning and research in negotiation and dispute resolution); and Herbert Smith Freehills (one of the world’s leading law firms, with a global reputation for international arbitration).
The event will be a SILE accredited CPD activity.
For more information on the programme and speakers, please click here.
Date: Tuesday, 12 June 2018
Time: Registration: 4:30pm
Event: 5:00pm to 7:30pm, followed by a cocktail reception
Venue:
NTUC Centre,
1 Marina Boulevard
Level 7, Stephen Riady Auditorium @ NTUC
Singapore 018989
Please click here to view map
RSVP: To respond to this e-invitation, click here
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Please RSVP by Tuesday, 29 May 2018 to secure your seat. Spaces are limited and will be offered on a first come, first served basis.
China proposes dedicated “Belt and Road” court
Supreme People’s Court Monitor has published a highly informative article on proposals by the SPC relating to China’s”Belt and Road” initiative. These include establishing a dedicated court, along the lines of the Singapore International Commercial Court, to hear Belt & Road disputes. Click here to read the piece.
Our thanks to Susan Finder of SPC Monitor for permission to re-publish.
Inside Arbitration: Issue #3 of the publication from Herbert Smith Freehills’ Global Arbitration Practice
We are delighted to share with you the latest issue of the publication from Herbert Smith Freehills' Global Arbitration Practice, Inside Arbitration.
In addition to sharing knowledge and insights about the markets and industries in which our clients operate, the publication offers personal perspectives of our international arbitration partners from across the globe.
In this issue:
- Paula Hodges QC, Peter Leon, Craig Tevendale and Chris Parker share their insights into the development of commercial arbitration on the African continent and consider dispute resolution choices for parties negotiating Africa-related contracts.
- We consider the development of arbitration in Rwanda and the Kigali International Arbitration Centre "in conversation" with KIAC's secretary general, Dr Fidèle Masengo.
- Peter Godwin, Regional Head of Disputes Asia, reflects on his 16 years in Asia and the changes in attitudes towards dispute resolution amongst Japanese parties.
- Dr Patricia Nacimiento, Thomas Weimann and Dr Mathias Wittinghofer give their view on whether Germany is on its way to becoming a true arbitration powerhouse.
- Chris Parker, Elaine Wong, Gitta Satryani and Elizabeth Kantor provide a global perspective on the availability of security for costs and claim in international arbitration.
- Dr Larry Shore discusses his path into public international law and the development of his interest in treaty disputes, as well as the differences in arbitration practice in the US and the UK and trends in US arbitration.
- We highlight a number of key considerations for parties negotiating contracts with state and state-owned entities across the globe and provide comparative into state immunity in five key jurisdictions.
We are pleased to present our clients with an infographic providing a snapshot of our global arbitration practice in the two years 2014-2016.
The infographic details the successes of our growing practice and our huge geographical reach. The infographic is available at this link and at page 25 of Inside Arbitration.
The full digital edition can be downloaded in PDF by clicking on this link.
We hope that you enjoy reading Issue #3 of Inside Arbitration. We would welcome your feedback.
Trends in choice of governing law & jurisdiction in cross-border transactions in Asia: Singapore Academy of Law publishes study
On 10 January 2016, the Singapore Academy of Law (SAL) published the results of its study on preferences for the choice of governing law and jurisdiction made by those involved in cross-border transactions "in Singapore and the region" (the Study). The Study, which was commissioned by the SAL's International Promotion of Singapore Law Committee, reflects the views of around 500 commercial law practitioners and in-house counsel who have involvement in cross-border transactions. The Study results can be accessed here.
The Study responses suggest the growth in (i) the internationalisation of transactions in the region, (ii) the importance of Singapore law and (iii) Singapore as a preferred choice of forum for the resolution of disputes. The most noteworthy points are highlighted below.
However, the value in the Study in signalling the comparative strength of Singapore's position as an international centre of dispute resolution will be determined by the demographics of the Study population, and, in particular, how many of the respondents are based outside Singapore and in which jurisdictions.