The enforcement of arbitral awards against States, whether in investor-state or commercial cases, has always been an area rife with difficulties. Among other things, the lack of assets directly held by States, sovereign immunity laws, difficulties with establishing that property against which enforcement is sought falls within the commercial exception, and attempts by States to raise their own domestic laws as grounds to resist enforcement, are some of the common issues that plague enforcement.
Statistics show that States are less likely than commercial parties to voluntarily comply with arbitral awards. According to the Report on Compliance with Investment Treaty Arbitration Awards 2023 by Dutch consultancy NL-Investmentconsulting, the number of unpaid investor-state awards have risen from 36 in 2022 to 60 in 2023, with at least US$70.5 billion remaining unpaid.
Join us, as our panellists who hail from diverse backgrounds ranging from commercial and investor-state arbitration practitioners, academia, to government service, offer their perspectives and share their experience on the difficulties and pitfalls in enforcing arbitral awards against States, and share practical tips on how these difficulties can be overcome to achieve effective enforcement.
PROGRAMME
4.30pm to 5.00pm Registration
5.00pm to 6.00pm Panel Discussion
6.00pm to 6.15pm Q & A (Moderated)
6.15pm to 7.00pm Networking Drinks
VENUE SPONSOR
1.0 Public CPD Point
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 this 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 entire 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. Please refer to http://www.sileCPDcentre.sg for more information.
MODERATOR
Koh Swee Yen S.C
Head of International Arbitration, WongPartnership LLP
President, ILA (SG)
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.
Swee Yen is the Co-Chair of the IPBA Dispute Resolution and Arbitration Committee, and an officer of the IBA Asia Pacific Regional Forum. She was the former Vice-Chair of the IBA Arbitration Committee, and a member of the ICCA-ASIL Task Force on Damages She is currently a Board member of the Swiss Arbitration Association, and a member of the LCIA Asia Pacific Users’ Council. She is an Executive Committee of the Foundation for International Arbitration Advocacy and the President of the Singapore branch of the International Law Association.
In addition to her active counsel practice in complex litigation and international commercial and investment arbitration, she also sits as an arbitrator. She was recently listed in GAR’s exclusive 45 under 45 list, and is also recognised as a Global Elite Thought Leader in Who’s Who Legal Arbitration 2024. She was also awarded Litigation Lawyer of the Year at The Legal 500 Southeast Asia Awards 2023, and Dispute Resolution Lawyer of the Year at the ALB SE Asia Law Awards 2024. She is described as "an absolute standout", “razor-sharp” in her advocacy and “brilliant, decisive and fearless”.
SPEAKER
Scott Tan
Deputy Senior State Counsel, Attorney-General’s Chambers, Singapore
Scott read law at Oxford University and Harvard Law School. He has worked in the Singapore Legal Service since graduation, first as a Deputy Public Prosecutor at the Attorney-General’s Chambers (AGC) and later as a Justices’ Law Clerk, Assistant Registrar, and then Special Assistant to the Chief Justice at the Supreme Court before returning to the AGC to join the International Affairs Division. He currently leads on matters relating to international disputes, oversees the general international law workstream, and advises on matters relating to the law of the sea, trade and investment law, and the laws of war.”
SPEAKER
Joel Quek
Partner, International Arbitration and Corporate Commercial Disputes, WongPartnership LLP
Joel Quek is a Partner in the Commercial & Corporate Disputes, International Arbitration and Vietnam Practices at WongPartnership LLP. His main areas of practice are in international arbitration and litigation, involving commercial, corporate, investment, shareholder and employment disputes across a range of sectors including energy, commodities, gaming, finance, transport, construction and healthcare. Joel also has an active investment treaty arbitration practice, acting for both private investors and State parties, and has particular expertise in arbitration-related court proceedings. Prior to entering private practice, Joel served as a Justices’ Law Clerk to the Chief Justice and Judges of the Singapore Supreme Court. His experience also includes a stint with Fountain Court Chambers in London. Joel is a member of the steering committee of the IBA Arb40 and teaches trial advocacy in the National University of Singapore.
SPEAKER
Dr Jean Ho
Associate Professor of Law, National University of Singapore
Dr Jean Ho is Associate Professor of Law and Director of the J.D. Programme at the National University of Singapore. Prior to joining academia, she practiced investor-State dispute settlement and general international arbitration with Shearman & Sterling LLP. Jean holds law degrees from New York University, l’Université de Paris I (Panthéon-Sorbonne) and Cambridge University, and is called to the Singapore and New York bars. She is a principal co-author of a leading textbook International Investment Law and Arbitration (2nd ed., Cambridge University Press 2021) which has been cited with approval by the Singapore Court of Appeal and the Colombian Constitutional Court.
SPEAKER
Duncan Watson KC
Managing Partner, Quinn Emanuel, Singapore
Duncan is the Managing Partner of Quinn Emanuel’s new Singapore office. Duncan specialises in international commercial and investment treaty arbitration, and is qualified in both Australia and England & Wales. Who’s Who Legal (2021) listed him as one of the nine “most highly regarded” young arbitration partners in the Asia Pacific, and quoted peers who described him as “an exceptional adviser and advocate” and “certainly among the very best of his generation”. Duncan was appointed King’s Counsel (England & Wales) in March 2021 at the age of 37. He also sits as arbitrator.