SYNOPSIS Governments are increasingly enforcing their values through sanctions on commercial parties, with far-reaching effect. Whilst sanctions have been part of the arbitration landscape for decades, from Iran through North Korea to Myanmar, the global response to Russian aggression in Ukraine has been uniquely widespread and universal, with repercussions that will be felt for years to come.
This seminar will assess the issues from a conflicts of laws perspectives. What are the relevant choice of law rules, and how to they apply to disputes being resolved before the Singapore Courts or in Singapore seated arbitrations? Which sanctions must be given effect to, and how; and what about the blocking statutes that may be enacted in response? What practical issues might arise, for the sanctioned or other non-sanctioned party?
MODERATOR
Tomas Furlong (Partner, Herbert Smith Freehills) | Download Presentation
PANELLISTS
• Nathanael Lin (Partner, Rajah & Tann Singapore LLP) | Download Presentation
• Charis Tan (Partner, Peter & Kim) | Download Presentation
• Julie Raneda (Partner, Schellenberg Wittmer) | Download Presentation
• Juan Pablo Argentato,(Managing Counsel, ICC International Court of Arbitration)
PROGRAMME
5.00pm - 5.05pm Welcome Remarks by Tomas Furlong
5.05pm - 5.20pm
Nathanael Lin : The general approach to sanctions under Singapore law, the extent to which the current situation with Russia is different, and the scope of relevant current sanctions under Singapore law (re Ukraine and the areas if any), and how the Singapore regime compares to other regimes.
5.20pm - 5.40pm
Charis Tan and Tomas Furlong : The impact of foreign law sanctions on Singapore disputes through the lens of the law applicable to arbitrability, illegality and contract and what this means in practice – i.e., which foreign sanctions does a Singapore seated tribunal need to take note of, and why.
5.40pm - 5.55pm
Julie Raneda : The impact of blocking statutes, such as Russian authority from prior to the current situation, whereby the Russian courts claim exclusive jurisdiction over sanctioned parties, and have granted antisuit injunctions to enforce that exclusive jurisdiction.
5.55pm - 6.10pm
Juan Pablo Argentato : An arbitral institution’s approach to sanctions from a practical perspective.
6.10pm - 6.35pm Question & Answer
6.35pm - 8.30pm Networking Drinks
VENUE: Herbert Smith Freehills LLP, 50 Raffles Place, #24-01 Singapore Land Tower, Singapore 048623
SILE CPD ACCREDITATION
2.0 Public CPD Points
Practice Area: International Law
Training Category: General
Participants who wish to obtain CPD Points are reminded that they must comply strictly with the Attendance Policy set out in the CPD Guidelines. For participants attending the face-to-face activity, this includes signing in on arrival and signing out at the conclusion of the activity in the manner required by the organiser, and not being absent from the activity for more than 15 minutes. For those participating via the webinar, this includes logging in at the start of the webinar and logging out at the conclusion of the webinar in the manner required by the organiser, and not being away from the activity for more than 15 minutes. Participants who do not comply with the Attendance Policy will not be able to obtain CPD Points for attending the activity. Participants who do not comply with the Attendance Policy will not be able to obtain CPD Points for attending the activity. Please refer to http://www.sileCPDcentre.sg for more information.
Chapter 4