A new Era for IDR:
Breaking the Stronghold of Arbitration
On 8 April 2024, the CIL-NUS International Dispute Resolution (IDR) Programme held a conference entitled: “A new Era for IDR: Breaking the Stronghold of Arbitration”.
This by-invitation-only conference was an interactive event, bringing together recognised experts in international dispute resolution and diplomacy to explore alternative and innovative ways of resolving interstate and investor state disputes.
Against the backdrop of an increasing dissatisfaction with existing systems of international litigation, arbitration and other tribunal processes, participants discussed new approaches, in particular for international disputes raising critical issues of national policy, such as climate change.
After introductory remarks by Dr Nilufer Oral, Director of CIL, and Ms Loretta Malintoppi, Chair of the IDR programme’s Advisory Committee, the conference started with the presentation of thought papers by Mr Toby Landau KC, and Ms Wu Ye-Min.
Closing comments were provided by Ambassador Tommy Koh, Solicitor General Daphne Hong and Deputy Attorney General Lionel Yee.
Ms Celine Lange, Lead of the IDR Programme Development at CIL, was the MC for the day.
Mr Landau’s paper dealt with the de/re-politicisation of international investment arbitration, while Ms Wu’s examined the geopolitics and stakeholder interests in investment arbitration. Their presentation was followed by a panel entitled “In Search of New IDR Options in Disputes Involving States: Lessons from the Past, Alternatives for the Future”. This panel featured Professor Zachary Douglas KC, Professor Phoebe Okowa, Ms Natalie Morris Sharma and Professor Chester Brown.
In an interview conducted by Professor Lucy Reed, Her Excellency Julia Gillard, 27th Prime Minister of Australia and Mr Jonathan Powell, one of the architects of the Good Friday Agreement, shared their high-profile experience on “negotiating intractable conflicts”.
The second panel, entitled “A Closer Look: IDR Put to the Test in Environmental Issues”, gathered Professor Laurence Boisson de Chazournes, Professor Christina Voigt, Lord Carnwath, Justice Brian Preston and Justice De Silva.
In the Town Hall meeting that followed, Judge Tullio Treves, Sir Michael Wood KC and Professor Payam Akhavan, drawing from the discussions of the day, debated questions put to them by Mr Rodman Bundy, with an engaged participation from the audience.
Closing Comments by ...
Participants in the conference included government officials from Singapore and the region, members of the judiciary, experts from Academia, representatives of arbitration/mediation institutions, key international dispute resolution practitioners from Singapore and abroad and members of the diplomatic community in Singapore.
The conference was followed by two public side events:
- On 11 April 2024, a lecture - jointly organised by CIL and APCEL (Asia-Pacific Centre for Environmental Law) - on “Climate Change and the Courts” by Lord Carnwath and Dr Linda Yanti Sulistiawati. Their presentations, on respectively, judges and climate change, and climate change litigation in Indonesia, were followed by questions by panellists Dr Nilufer Oral and Mr Sean Tseng, moderated by Assistant Professor Tara Davenport.
- On 12 April 2024, CIL co-organised with the International Law Association (Singapore branch) a fireside chat, hosted by law firm Rajah & Tann, featuring Professor Makane Moïse Mbengue who was interviewed by Dr Nilufer Oral. Their discussion included topics such as climate change issues in treaty negotiations and disputes, the backlash against investment arbitration, as well as the role of the Global South in the investment regime’s reform process.
