Beyond the Black Box: Six Degrees of Separation - Independence, Impartiality, and Duty of Disclosure

Beyond the Black Box: Six Degrees of Separation - Independence, Impartiality, and Duty of Disclosure | 12 October 2023

There have been significant cases recently which considered the issues of bias and conflicts of interest in international arbitration. The need to ensure that justice is not only done but is also seen to be done in arbitration to resolve their disputes. What should an arbitrator disclose and what should the arbitrator do if being challenged by one of the parties. Are we being too sensitive or being too practical?

For our second session, join our facilitators, Delphine Ho and Jern-Fei Ng KC as they lead the discussion and explore the various types of conflicts of interest, and instances where a challenge based on conflicts crosses the line and becomes and abusive one.

The discussion, subject to the Chatham House Rules, will address, amongst others:

How much uniformity exists among the various sets of institutional rules and guidelines
What are the main types of conflict of interest that pose a challenge in arbitration proceedings
How much independence and impartiality do users seek
What are users expecting, and to what extent do expectations differ concerning the users’ own arbitrator, the arbitrator appointed by the opponent, and the chairperson
In what ways can party-appointed arbitrators impact independence and impartiality
When and why should an arbitrator be challenged
Whether the approach to disclosure and challenges should be revisited

Registration for the event has closed.

Please RSVP by 17 April 2023. We look forward to having you join us!

Speakers

JERN-FEI NG KC

Jern-Fei Ng KC is an experienced counsel specialising in commercial litigation and arbitration, with 18 years’ experience appearing before courts and tribunals and sitting as arbitrator in different jurisdictions, including England, Hong Kong, Singapore, Malaysia, BVI, Cayman Islands and Luxembourg.

He has acted as counsel in some 350 cases and as arbitrator in some 30 cases pursuant to, amongst others, ICC, HKIAC, LCIA, LMAA, SIAC, PCA and UNCITRAL Rules. He was one of the youngest Queen’s Counsel to be appointed in 2018.

Described in the legal directories as “an absolutely brilliant advocate and “one of the most talented counsel I have worked with on issues of strategy, where he is always several steps ahead of the current state of proceedings”.

In addition to being on the board of directors of Maxwell Chambers, Jern-Fei is also the Head of Foreign Lawyers Chapter of the Singapore Academy of Law’s Professional Affairs Committee and also a member of the HKIAC’s Proceedings Committee.

DELPHINE HO

Delphine Ho is a full-time independent arbitrator and mediator, with 20 years of experience as counsel, in the Singapore courts and in an arbitral institution. She has been appointed in arbitrations as president, co-arbitrator and sole arbitrator under various arbitral rules, including the rules of the Singapore International Arbitration Centre (SIAC), International Chamber of Commerce (ICC) and UNCITRAL Arbitration Rules.

Delphine’s disputes expertise spans various sectors and industries, including construction and infrastructure, shareholder and joint venture, energy, commodities, transportation, technology and general commercial matters.

Prior to joining The Arbitration Chambers, Delphine was the Registrar of the Singapore International Arbitration Centre from 2016 to 2021. As Registrar, she oversaw the administration of thousands of arbitration cases filed with the SIAC and conducted under the SIAC Arbitration Rules (multiple editions), the UNCITRAL Rules and other institutional rules. In addition to supervising the SIAC Secretariat, she was also responsible for the scrutiny and approval of more than 800 draft awards and orders, and was the statutory authority for the taxation of arbitration costs under the Singapore International Arbitration Act.

Delphine started practice in one of the largest legal firms in Singapore, with a practice focused on complex litigation and arbitration. She entered the Singapore judicial service in 2013, serving concurrently as an Assistant Registrar in the Supreme Court and District Judge of the State Courts.

In addition, Delphine teaches international arbitration at various levels, and is a member of the Singapore Institute of Arbitrators’ (SIArb) faculty.