~ In conjunction with the Singapore Convention Week 2024 ~

All the actors engaged in dispute resolution have a crucial role to play in the choice of an appropriate avenue, including mediation and hybrid processes, to resolve each individual dispute. In the very specific context of disputes involving States and foreign investors, how can these actors, in their practice, work towards a tailored approach, far from an automatic and exclusive recourse to arbitration? Counsel, mediation practitioners, government officials, arbitrators, academics and educators will share their experience in that regard, and possible solutions to concretely raise awareness, address concerns and change mindsets across the board.

It is increasingly recognised that non-adjudicatory methods of dispute resolution can bring many benefits: they are less costly and time consuming, allow for creative non-legal solutions, show high compliance rates, and can help preserve relationships. However, in practice, these methods are often perceived as “soft”, and associated with various obstacles and insufficient incentives for dispute actors. A CIL survey on the obstacles to the settlement of Investor-State disputes found that the most significant hurdle to settlement is parties’ desire to defer responsibility for decision-making to a third-party, typically arbitral tribunals. In the experience of dispute resolution practitioners, stakeholders’ unfamiliarity with alternative dispute resolution methods also significantly limits the use of non-adversarial processes.

Against this background, questions for the panellists will include: How can parties be encouraged to confidently consider alternative dispute resolution methods and truly engage? How can arbitrators be pro-active and support settlement efforts?; Are tribunals and counsel well-equipped to manage hybrid processes?; How can counsel, with their clients’ best interest in mind, be settlement advocates?; How can States, when considering alternative dispute resolution, navigate the multiplicity of agencies and ministries involved, as well as political pressure?; How can arbitrators, mediators, counsel and parties be open and creative in the pursuit of the appropriate dispute resolution avenue for every dispute?

These questions will be discussed by a panel of experienced practitioners, including :

• Ms Frauke Nitschke, Team Leader/Legal Counsel, ICSID
• Mr Robert Houston, Senior Associate, K&L Gates Straits Law
• Mr Lim Tat, Managing Partner, Aequitas Law
• Ms Donna Ross, Principal of Donna Ross Dispute Resolution, and Adjunct Professor for NUS Graduate Certificate in International Arbitration & Dispute Resolution
• Ms Mariam Gotsiridze, Principal Research Fellow, SMU, SIDRA (Singapore International Dispute Resolution Academy), and former Head of Department in the Ministry of Justice in Georgia

The panel will be moderated by Ms Natalie Morris Sharma, Government legal counsel, Attorney-General’s Chambers of Singapore, and concluding comments will be made by Ms Celine Lange, Development Lead for CIL’s International Dispute Resolution programme.

PROGRAMME

11.45am – 12:30pm | Registration + Light Lunch
12:30pm – 12:35pm | Opening Address
12:35pm – 02:00pm | Insights by Practitioners
02:00pm – 02:30pm | Q & A, moderated by Natalie Morris Sharma

The Singapore Convention Week (SC Week), organised by the Singapore Ministry of Law (MinLaw), in partnership with various organisations, is a premier event in Singapore dedicated to dispute resolution, encompassing arbitration, mediation and litigation.

Scheduled for 26 August to 30 August 2024, this year’s SC Week promises an engaging line-up of events and serves as a vital platform for thought leaders, practitioners, policymakers and experts to explore emerging trends, tackle common challenges, discuss innovative approaches and foster change.

A highlight of the SC Week 2024 is the UNCITRAL Academy Conference and Capacity-Building Workshops hosted by MinLaw and the United Nations Commission on International Trade Law (UNCITRAL).

Visit www.singaporeconventionweek.sg to find out more.