Event Details
Maxwell Conversations: Managing Public Policy | 29 August 2024
Maxwell Conversations features leading personalities at the top of the international dispute resolution industry. These events seek to challenge assumptions with a deeper examination of the issues.
Synposis
Public policy is an important element in determining the arbitrability of a dispute, and also a ground on which an award may be annulled or refused enforcement. It has often been said that the public policy should be construed narrowly in keeping with the pro-arbitration policy of the New York Convention or the UNCITRAL Model Law.
Held as part of Singapore Convention Week, this session of Maxwell Conversations focused on the crucial role of public policy in international arbitration. The discussion highlighted how public policy influences the arbitrability of disputes and serves as grounds for annulling or refusing the enforcement of an award. While it is commonly understood that public policy should be interpreted narrowly, aligning with the pro-arbitration stance of the New York Convention and UNCITRAL Model Law, the event also shed light on less frequently discussed topics.
The panel explored the importance of arbitrator independence and seat court review, which are considered part of the “international public policy” of arbitration. This was contrasted with how courts may enforce annulled awards if they deem the annulment contrary to their own national public policy, touching on issues like crime, corruption, or sovereignty. The discussion raised important questions about whether international and national public policies are opposing forces or if enforcing courts should consider multiple layers of public policy, including the public policies of the governing law, the seat of arbitration, and how to navigate conflicts between these different frameworks.
The books referenced by Michael at the start of the session are:
- The Public Policy Exception under the New York Convention, Second Edition by Anton G. Maurer
- ICCA’s Guide to the Interpretation of the 1958 New York Convention, Second Edition
- Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York 1958 by the UNCITRAL Secretariat
Additional reference materials include:
- Re-calibration of curial intervention in public policy challenges against arbitral awards” written by Darius Chan and Elias Ngai of the Singapore Management University in the Journal of International Arbitration
Q&A from the Lecture:
Q1: What are the potential challenges in the future for issuing arbitral awards? Are there any changes in environment or technology that may mitigate or worsen these challenges?
Q2: What aspects of arbitration are ready for AI?
Q3: What do you think are the key issues that need to be considered when using technology?
Q4: About diversity, I notice that the ICC now has an almost 50/50 male/female mix. Is this too fast and too artificial?
Q5: For operating with ICC arbitration, since the publishing of the ICC arbitration rules 2021 in the year of 2021, which part of the arbitration rules 2021 would ICC suggest multi-national companies, future expert witnesses, future party representatives and future arbitrators to pay attention to as per ICC’s observation so far?
Q6: What would ICC like expert witnesses, party representatives, and arbitrators to do (and prepare themselves) in order to operate ICC arbitration in line with ICC’s vision?
- 29 August 2024, Thursday
- 8.00 am – 9:30 am (GMT+8)
- Singapore
- Organiser: Maxwell Chambers
- Format: Hybrid (In-person at Maxwell Chambers, Online over Zoom)
Dr Michael Hwang
Dr Michael Hwang S.C. currently practises as an international arbitrator based in Singapore with a selective practice as Senior Counsel of the Supreme Court of Singapore. He served as the Chief Justice of the Dubai International Financial Centre (DIFC) Courts from 2010 – 2018.
Dr Hwang’s other past appointments include: Judicial Commissioner of the Supreme Court of Singapore; Singapore’s Non-Resident Ambassador to Switzerland and Argentina; President of the Law Society of Singapore; Commissioner of the United Nations Compensation Commission; Vice Chairman of the ICC International Court of Arbitration; Vice President of the International Council of Commercial Arbitration (ICCA); and a Visiting (and later Adjunct) Professor of the National University of Singapore. He was educated at undergraduate and postgraduate levels at Oxford University, where he won the Gordon Warter Scholarship from Pembroke College by open competitive examination. He has been conferred an Honorary LLD by the University of Sydney.
Jessica Fei
Jessica is a widely recognized leading international arbitration and dispute resolution specialist with close to 30 years’ experience working with international arbitration institutions and leading firms.
Constantly ranked and recommended by leading legal media including Chambers, WWL, Legal 500, and ALB, Jessica is one of the very few leading international arbitration practitioners (acting as counsel and arbitrator) with dual qualifications (China and New York) as well as extensive cross-border dispute resolution experience between Chinese/Asian and Western parties.
Jessica focuses her practice on international arbitration, litigation and alternative disputes resolution. She sits regularly as arbitrator in commercial arbitration cases, and is listed on the international arbitrator panels of the SIAC, HKIAC, CIETAC, ICDR/AAA, AIAC, KCAB, CEAC etc. Jessica is a court member of SIAC Court of Arbitration, a member of the International/ Asia Advisory Committee of the AAA/ICDR, a member of the CEAC Advisory Board, VP of the UIA Litigation Committee and China Chapter Chair of NYSBA International Section.
Sae Youn Kim
Sae Youn Kim is a partner of the International Arbitration & Cross-Border Litigation Practice of Kim & Chang. Ms. Kim practices primarily in the areas of international litigation and arbitration with an emphasis on commercial and international law.
Before joining Kim & Chang, she served as a judge at various Korean district courts, and practiced as a key member in major Korean law firms. Ms. Kim also sits as an arbitrator. Her expertise in international dispute resolution has been recognized by the variety of roles she holds and held in various institutions, including but not limited to a Commissioner of the Korea Trade Commission, a Vice-Chair of the Arbitration Committee of the International Bar Association, a Co-Chair of the Dispute Resolution and Arbitration Committee of the Inter-Pacific Bar Association, and a member of the ICC Court. She is regularly selected as leading lawyer by publications such as Chambers and Partners, Who’s Who Legal, Legal 500, and Asian Legal Business.
Ms. Kim received an LL.M. from Duke University Law School in 2007, and her LL.B. from Seoul National University College of Law in 1991. She graduated the Judicial Training and Research Institute by the Supreme Court of Korea in 1994. She speaks and practices in both Korean and English.
Vijayendra Pratap Singh
With over 20 years of experience, Vijayendra Pratap Singh heads the Litigation and Dispute Resolution practice in Delhi. Vijayendra represents clients in international, commercial and domestic arbitrations; corporate and commercial litigation; regulatory practices and securities law. He has advised various government departments, such as the Department of Economic Affairs, Ministry of Finance; Securities and Exchange Board of India; Ministry of Statistics and Programme Implementation; the Ministry of Consumer Affairs, etc., on the de-criminalisation of various Statutes and has been involved in various policy making initiatives of the Government of India. Vijayendra’s expertise span domestic and international arbitration, as well as disputes in various fora in India, ranging from shareholder disputes to corporate actions.
Lawrence Teh (Moderator)
Lawrence Teh is the Global Co-Head of Dentons’ International Arbitration practice and a senior partner in Dentons Rodyk’s Litigation and Dispute Resolution practice group. He is Co-Head of Dentons Rodyk’s International Arbitration and Shipping practice groups. He has particular experience in handling commercial disputes including those of international trade and commodities, maritime and aviation, banking and financial services, onshore and offshore construction, mergers, acquisitions, joint ventures and other investments, and insurance.
Attendance Policy
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Practice Area: Alternative Dispute Resolution
Training Category: General
Earn 1 Public
CPD Point
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