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An arbitrator’s duty to be impartial is at the heart of his or her role; and maintaining impartiality is essential to enable international arbitration to provide a fair process for resolving disputes. But what does this duty require, and how is it policed? The English Supreme Court case of Halliburton v Chubb has thrown a spotlight on the interaction between the duty of impartiality and disclosure, particularly in the context of arbitrators accepting multiple appointments, but this is not the whole story. In this webinar, our three eminent speakers bring experiences as counsel, arbitrator and arbitral institution that bear on this important topic to discuss:
- what it means to be “impartial”, and how this relates to “independence”;
- whether an arbitrator’s duty of impartiality should be equated with that of a judge;
- what recent authorities tell us about the duty of disclosure and impartiality, and how Halliburton v Chubb compares with decisions from other key jurisdictions (such as BYL v BYN [2020] SGHC 6);
- practical points for counsel/arbitrators to bear in mind when approaching questions of disclosure and conflicts of interest at different stages of a dispute (e.g., at the point of arbitrator appointment, during the arbitration, and at the enforcement or challenge stage);
- when an arbitrator’s conduct of the proceedings (as opposed to links to the parties or other participants) may cast doubt on his or her impartiality;
- the significance of “soft rules” such as the IBA Guidelines and grey areas that remain; and
- transparency and the role of the institution in policing the arbitrators.
Webinar participants will be able to watch and listen to (via computer audio or telephone line) the video presentation and Q&A discussion on their screens, receive a PDF copy of the presentation slides, as well as participate in the Q&A discussion by sending in their questions to the moderator via text using the built-in Q&A function.
| 6.00– 6.15pm |
Opening Remarks by Chairperson Mr. Chia Chor Leong – Arbitrator, Adjudicator, Mediator; Council Member, Singapore Institute of Arbitrators |
| 6.15– 7.30pm |
Policing the Arbitrators Ms. Judith Gill QC - Arbitrator Member, Twenty Essex chambers
Ms. Sarah Grimmer - Secretary-General, Hong Kong International Arbitration Centre Mr. Thio Shen Yi SC - Joint Managing Partner, TSMP Law Corporation |
| 7.30– 7.45pm |
Q & A Session |
About the Speakers
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Ms. Judith Gill QC is recognised as one of the leading practitioners in the field of international arbitration. She was a partner in the International Arbitration Group of the global law firm Allen & Overy for more than 25 years and was Head of the Group for 11 years. She has particular experience of projects (especially in the energy and infrastructure sectors), joint ventures, distributorships, investor protection disputes, insurance claims and construction disputes. Judith moved to Singapore in September 2015 and joined Twenty Essex in Singapore in May 2018. Since joining Chambers Judith has practised exclusively as an arbitrator. She has extensive experience, both as sole and as a member of a panel of three arbitrators, in matters involving construction disputes, energy contracts, manufacturing, distributorship agreements and other commercial agreements. In particular, Judith is regularly appointed as arbitrator in arbitrations conducted under the auspices of different institutions, including the ICC, SIAC, HKIAC, PCA and ICSID. |
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Ms. Sarah Grimmer is Secretary-General of the Hong Kong International Arbitration Centre responsible for its international dispute resolution services and operations from Hong Kong, Seoul, and Shanghai. She was formerly Senior Legal Counsel at the Permanent Court of Arbitration in The Hague where she administered inter-state, investor-state, and commercial arbitrations involving states or state- entities. Prior to joining the PCA, Sarah was a member of the Secretariat at the ICC International Court of Arbitration in Paris where she administered commercial arbitrations under the ICC Rules. She was also a member of the international arbitration group at Shearman & Sterling LLP in Paris, prior to which she worked in private practice in Auckland. |
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Mr. Thio Shen Yi SC read law at St John’s College, Cambridge University, graduating in 1991. He topped the English Bar Examinations, and was called to the Singapore bar in 1993. Since then, he has practiced exclusively in dispute resolution, primarily as counsel, and occasionally as arbitrator. He was appointed Senior Counsel in 2008 at 40 and elected a Master Bencher of The Middle Temple in 2016. He served as the President of the Law Society, and as Vice-President of the Senate of the Singapore Academy of Law from 2015-2016. |
About the Chairperson
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Mr. Chia Chor Leong is a Fellow of the Singapore Institute of Arbitrators and serves on its Council. He is a lawyer who has been in practice since 1981, specialising in commercial and corporate dispute resolution. He currently practises mostly as arbitrator, adjudicator and mediator. |
REGISTRATION CLOSING DATE: 12th July 2021 |
FEES (includes materials, if any) |
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| Membership | Regular Rate | |
| SIArb Members | S$ 40.00 | |
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Members of:
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S$ 60.00 | |
| Others | S$ 90.00 | |
Supporting Organisation
Continuing Professional Development
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SILE CPD Points |
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