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SEMINAR: Enforcement of Investor-State Awards in Pro-Arbitration Jurisdictions – Serving Investors and Promoting the Secondary Market in International Awards (4 May 2023, 5.00pm - 8.15pm (GMT+8))
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Seminar Synopsis

Since 2019, a series of investors have filed applications in the Australian Federal courts to enforce over US $7 billion worth of investor-State awards, despite the parties having little or no connection to Australia. On 12 April 2023, the High Court of Australia ruled on the Kingdom of Spain’s loss of State immunity in a suit by EU energy investors, while India’s claim to immunity from award enforcement action by Mauritian investors will be heard this September. Justin Hogan-Doran SC, counsel for investors in all these cases, will discuss how a fast, pro-arbitration Court system can be leveraged to attract investors away from traditional enforcement jurisdictions, accelerating investors’ award recovery strategies and enhancing their access to the developing secondary market in international awards.

Justin’s presentation will be followed by a discussion of the issues it raises with a panel featuring leading practitioners Koh Swee Yen SC and Mark Mangan, moderated by Kate Apostolova.

Seminar Programme

5.00 – 5.30pm  Registrations and Standing Buffet Reception
5.30 – 5.45pm  Opening Remarks by Chairperson/Moderator
5.45 – 6.30pm
 Presentation by Justin Hogan-Doran SC
6.30 – 7.15pm  Panel Discussion/Q&A Session
7.15 – 8.15pm
 Networking Drinks

About the Speaker

 Justin Hogan Doran

 

Justin Hogan-Doran SC – Barrister, 7 Wentworth Selborne Chambers

Justin Hogan-Doran is a Senior Counsel (apptd. 2020) at the Australian Bar and an arbitrator, based in Sydney.  He is peer-recognised as a leading arbitration and transport barrister, regularly appearing in cross-border litigation and arbitration.  A former UN Legal Officer and management consultant, Justin appears for investors, governments, P&I Clubs and shipping lines in international commercial & maritime arbitrations, public international law claims, and admiralty, maritime and infrastructure disputes, class actions, and complex asset-tracing and enforcement actions.  He also sits as an arbitrator in international commercial arbitrations. 
Justin is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and of the Australian Centre for International Commercial Arbitration (FACICA).  

About the Panellists

 

Mark Mangan

 

Mark Mangan – Partner, Dechert LLP, Singapore

Mark Mangan is one of the leading arbitration lawyers based in Asia. He has appeared as counsel in over 50 cases, arising all around the world. Many of the cases have been ground-breaking; have often raised novel and complex issues requiring innovative solutions; and routinely involve some of the world’s leading corporations, sovereign governments and state owned entities. Mark also regularly sits as an arbitrator, having been appointed on over 25 occasions under the rules of various institutions, including those of the SIAC, ICC, HKIAC, LCIA, SCC and KCAB, serving as sole arbitrator, co-arbitrator, presiding arbitrator and emergency arbitrator. 
Mark and his team handle disputes arising across a broad range of sectors. Areas of particular focus have included oil and gas (including gas price reviews), mining, nuclear energy, renewables, high technology (including satellites), construction, life sciences, private equity, cryptocurrencies, the formation and winding down of financial funds, food and beverage, and telecommunications. Shareholders disputes and so-called post M&A disputes have also featured in recent times. Mark also has an active investment treaty practice, advising and representing both investors and states. He is also a co-editor and author of A Guide to Investment Treaty Protection and Enforcement (Global Arbitration Review, 1st Edition 2021) and a co-editor of GAR’s on-line Investment Treaty Arbitration Know-how series. He was ‘highly commended’ in the 2019 Financial Times Innovative Lawyer Awards Asia-Pacific (for leading one of Singapore's first ever third party funded arbitrations) and ‘commended’ in the 2017 edition (for identifying and promoting international law remedies to cross-border haze pollution).

 

Koh Swee Yen

 

Koh Swee Yen SC – Partner, WongPartnership LLP

Koh Swee Yen, Senior Counsel, is the Head of the International Arbitration Practice and a Partner in the Commercial & Corporate Disputes Practice of WongPartnership LLP.
Her practice focuses on complex, high-value and cross-border disputes across a wide spectrum of matters from commercial, energy, international sales, trade, transport, technology to investment. She regularly appears before the Singapore Courts, including the Singapore International Commercial Court and in international commercial and investment arbitrations under the major institutional rules, including ICSID, ICC, ICDR, LCIA, SIAC and UNCITRAL.
Swee Yen is highly recommended for her expertise in resolving complex international disputes, and is named in various legal publications including The Legal 500, Chambers Asia-Pacific, Chambers Global, Benchmark Litigation Asia-Pacific and Who’s Who Legal: Arbitration 2022, Commercial Litigation 2022, Asset Recovery 2022 and Energy 2022. Described as being "in a league of her own", with a “very deep understanding of the law” and “razor-sharp” in her advocacy, she is regarded as the "go-to disputes lawyer in Singapore”

About the Moderator

 

Kate Apostolova

 

Kate Apostolova – Counsel, Mayer Brown PK Wong & Nair Pte Ltd

Kate Apostolova is counsel at Mayer Brown-Singapore. She has extensive experience in investor-state arbitration and frequently counsels on public international law issues and complex, politically-sensitive disputes around Asia. Her arbitration experience is broad and also includes high-value commercial arbitrations, LNG arbitrations and construction arbitrations. She has appeared as oral advocate and been involved in cases before all major arbitral institutions, the US courts and courts in Asia, the European Court of Human Rights, the International Criminal Tribunal for the Former Yugoslavia, and the International Tribunal for the Law of the Sea. Kate has also been nominated as arbitrator in ad hoc, SIAC, ICC and HKIAC arbitrations.
In addition to her extensive experience, Kate is a regular speaker on international arbitration topics and is a prolific writer, most recently having authored a book chapter on “Judicial Deference to Arbitral Tribunals under Section 1782”. Kate is recognised by Chambers Asia Pacific and Chambers Global; by Who's Who Legal – International Arbitration as Global Elite/Thought Leader in international arbitration (the most coveted ranking in Who’s Who Legal); and is listed in Legal 500’s Arbitration Powerlist. 

 


  REGISTRATION CLOSING DATE:  28 April 2023

FEES

 

Membership Regular Rate
SIArb Members S$ 70.00
Members of:
Asia Pacific Institute of Experts (APIEx)
Regional Arbitral Institute Forum (RAIF)
Singapore Chamber of Maritime Arbitration (SCMA) 
Singapore Corporate Counsel Association (SCCA)
Singapore Institute of Architects (SIA)
Society of Construction Law Singapore (SCL (S)) 
S$ 90.00
Others S$ 120.00

Supporting Organisations:

      

Continuing Professional Development

SILE CPD Points 
Practice Area: Alternate Dispute Resolution 
Training Level: General
Public CPD Points: 1.5

Download Brochure HERE.  

 
 
 
 
 
 
 
 
 
 
 
Location 1 Marina Boulevard, NTUC Centre, Level 9 Room 903, Singapore 018989
Registrations are now closed

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