Researchers' Activities

CIL Director Professor Lucy Reed spoke at the international conference on ‘The Rise of International Commercial Courts’ at Qatar University on 13 May 2018. Professor Reed spoke about the Singapore International Commercial Court on a panel discussing comparative features of international commercial courts, including the Qatar International Court and Dispute Resolution Centre. The keynote speaker for the conference was Justice Ramesh Kannan of the Singapore High Court.

CIL Director Professor Lucy Reed spoke on the opening plenary panel of the bi-annual Congress of the International Council for Commercial Arbitration (ICCA) in Sydney, Australia. The panel theme was ‘Law-Making in International Arbitration: What Legitimacy Challenges Lie Ahead?’, and Professor Reed spoke on arbitration tribunals as lawmakers. Professor Stephan Schill of the University of Amsterdam moderated the panel, and the other panellists were Singapore Chief Justice Sundaresh Menon, ICC Court of Arbitration President Alexis Moure, and Professor Thomas Schultz of Kings College London. All the papers will be published in the official ICCA Congress Series (Wolters Kluwer).

Professor Reed also spoke at the follow-on AMINZ-ICCA International Arbitration Day in Queenstown, New Zealand, where the theme was ‘Making Arbitration Work in a Changing World: A Pacific View’. She was the commentator on Daniel Kaldermis’s keynote lecture entitled ‘International Arbitration in a Brave New World’.

Research Associate Ms Melissa Loja presented her research paper at the New Voices Panel at the 112th Annual Meeting of the American Society of International Law in Washington DC. Ms Loja’s paper was about international agreements between non-state actors. Her paper discussed international agreements that national petroleum corporations such as Petronas, PetroVietnam, PetroleumBrunei and China National Offshore Oil Corporations enter into to manage disputes over petroleum resources that are shared by states across maritime zones and boundaries.

Professor Laurence Helfer, Editor-in-Chief of the American Journal of International Law, remarked that her paper makes a concrete contribution to international law, because it presents primary data that have not been made known before, and it enables a granular examination of actual practices in international law.

On 1 February 2018, CIL Director Professor Lucy Reed spoke at a programme at the Supreme Court entitled ‘The Singapore International Commercial Court’s potential to advance the rule of law’. The conference was sponsored by the Singapore International Commercial Court (SICC), the Singapore International Law Association and Freshfields (Singapore). The speakers included two judges on the SICC, Justice Quentin Lowe and Sir Vivian Ramsey, as well as Mr Francis Xavier SC of Rajah & Tann, and Mr Nicholas Lingard and Mr Robert Kirkness of Freshfields. Professor Reed spoke on what characteristics make an international commercial court truly international.

CIL Director Professor Lucy Reed served as faculty at the 2017 Summer Institute of the ASEAN Human Rights Resource Centre (HRRC) held in Bali on 29–31 January 2018 (the volcano risk having postponed the original summer date). The chairman of the conference was HE Ambassador Ong Keng Yong, who is the chairman of HRRC and a member of the CIL Board of Directors. The theme of the conference was ‘Trade, Investment, and the Rule of Law in ASEAN’. Professor Reed spoke on ‘The Rule of Law and Dispute Resolution in ASEAN’ and moderated a panel on ‘Rights Dimensions in Trade and Investment in the ASEAN Community’.

The HRRC is a non-profit academic centre headquartered at the University of Indonesia in Jakarta, in partnership with 11 other academic institutions in 7 out of 10 ASEAN member states. Its mission is to support a rights-based approach to ASEAN integration through research, training and education, and its core thematic areas are rule of law, business and human rights, and the rights of vulnerable populations. The Summer Institute is the HRRC’s signature annual event, organised in collaboration with the WSD Handa Center for Human Rights and International Justice at Stanford University and Udayana University.

CIL Director Professor Lucy Reed represented the Centre at several events at the 2017 Seoul ADR Festival during the week of 6 November. At the joint programme of the Singapore International Arbitration Centre (SIAC) and the Korea Commercial Arbitration Board (KCAB) on ‘Multiple Proceedings in Multiple Fora: Strategies and Synergies’, Prof Reed delivered the keynote address and was a speaker on the panel on ‘Consolidation and Joinder under Arbitral Institutional Rules’. She also spoke on the panel on International Investment Dispute Settlement, addressing ‘Momentum on Procedural Reforms:  The Way Forward’. Prof Reed was interviewed at the Young Arbitration Practitioners’ Forum ‘Fireside Chat’ organised by Young SIAC and the Korean Council for International Arbitration, and served as faculty for the second annual Seoul Academy for International Arbitration.

CIL Director Lucy Reed, Head of International Dispute Resolution (Practice Skills) J Christopher Thomas QC, Head of Investment Law and Policy Jansen Calamita, Practice Fellow Emily Choo, and Global Associates Mark Feldman and Tara Davenport were part of the faculty of the 2017 Singapore International Arbitration Academy, which was organised by the CIL on 25 October 2017–2 November 2017. Ms Emily Choo was also team coach to one of the teams that took part in the Academy’s arbitration moot.

CIL Research Associates Millicent McCreath, Robert Real and Zoe Scanlon attended the Academy as participants and took part in the arbitration moot. Ms Zoe Scanlon was awarded a prize for excellence in advocacy.

Professor Reed, Mr Thomas, Research Associate Professor (CIL) Calamita and Ms Choo were speakers and moderators in the panel sessions in the CIL International Conference on Global Currents in International Investment Law on 2 November 2017.

On 23 October 2017, CIL Director Lucy Reed delivered the Seoul Arbitration Lecture 2017, sponsored by the Seoul International Dispute Resolution Centre. The lecture title was ‘Suite for ISDS: Mediation, Arbitration and Appellate Bodies’. She addressed the need for lawyers practising in the field of investment treaty arbitration to expand their repertoire or suite of skills to keep up with developments. On the one hand, it is important to be prepared for the new investment court system envisioned in the new EU-driven free trade agreements and, on the other hand, to play a more active role in furthering settlements of suitable disputes by mediated negotiations. The audience comprised over 100 Korean ministry representatives, practitioners and academics.

At a reception at the Asian Civilisations Museum on the evening of 19 September, Fountain Court Chambers announced the winners of the Christopher Bathurst Prize 2017. The prize is an annual writing competition, named in honour of the late Christopher Bathurst QC, who was a long-standing senior member of Fountain Court Chambers with strong ties to Singapore. The prize is open to full-time students enrolled at the National University of Singapore Faculty of Law or the Singapore Management University School of Law, and lawyers under 30 years old qualified under the Legal Profession Act. The prize is supported by the Singapore Academy of Law.

On 12 September 2017, CIL Director Professor Lucy Reed delivered the John E.C. Memorial Lecture at the McGill Faculty of Law in Montreal. The title of Lucy’s lecture was ‘International Dispute Resolution Courts: Retreat or Advance?’, and she focused on the recent progress of the Singapore International Commercial Court. Lucy was introduced by McGill Dean Robert Leckey and Mr Pierre-Olivier Savoie. Professor Fabien Gelinas and Mr Stephen Drymer of Woods led the discussion that followed the lecture.

On 11 September 2017, CIL Practice Fellow Ms Emily Choo participated, upon invitation, in a Young Public International Law Group (YPILG) debate. The YPILG is a network of young public international law (PIL) practitioners from law firms, the bar, international organisations, governments and academic institutions around the world. The purpose of YPILG is to connect early to mid-career PIL practitioners to one another, to facilitate exchanges of ideas and knowledge sharing in the PIL field, and to promote the next generation of PIL professionals. This debate was the YPILG’s first event in Asia.

CIL participated in the 6th Biennial Conference of the Asian Society of International Law (AsianSIL) on 25–26 August 2017 in Seoul, Korea. The conference was organised by the AsianSIL, the Korea Chapter of the AsianSIL, and the Ministry of Foreign Affairs of the Republic of Korea. The theme of the conference was ‘Asia and International Law in Times of Uncertainty’. CIL Director Professor Lucy Reed chaired the session on ‘New Proposals for Investment Dispute Resolution Mechanism’. Head of CIL’s Ocean Law and Policy Programme Associate Professor Robert Beckman chaired the session on ‘New Voices in International Law’, which featured presentations from two CIL Research Associates (see below). He also gave a presentation on the implications of the South China Sea arbitral award.

CIL Director, Professor Lucy Reed, represented the Centre and spoke at the inaugural colloquium on International Law of the Asian Academy of International Law (AAIL) in Hong Kong on 7-8 July 2017. The theme of the colloquium was ‘Common Future in Asia’, with panels on ‘One Country Two Systems: Interaction with International Law’, ‘Investment Collaboration: Opportunities and Challenges for Asia’, and ‘Interpretation of Treaties and UNCLOS: The Regime of Islands, Rocks and Offshore Archipelagos’. The welcome and keynote speakers included the new Hong Kong Chief Executive Mrs Carrie Lam, GBM, GBS; Mr Rimsky Yuen, GBM, SC, JP, Secretary for Justice of Hong Kong; Professor Teresa Cheng SC, Chairman of the AAIL; Dr Li Shishi, President of the Chinese Society of International Law; Professor Zhang Yuejiao, Former WTO Appellate Body Member and Chair; Mr Liu Zhenmin, Vice Minister for Foreign Affairs of China (by video); and Mr Xie Zhenhua, Special Representative for Climate Change Affairs of China.

On 15 June 2017, CIL Director Professor Lucy Reed spoke at the public seminar programme on ‘Investor-State Mediation: Perspectives from States, Mediators & Practitioners’ sponsored by ICSID and the American University Washington College of Law Center on International Commercial Arbitration. Lucy again presented the results of the CIL Survey, in the broader context of legitimate versus perceived obstacles to State settlement of investor disputes. 

On 12–14 June 2017, CIL Director Professor Lucy Reed and Research Assistant Seraphina Chew attended the inaugural Investor-State Mediator Training at World Bank Headquarters in Washington DC sponsored by the Bank’s International Centre for Investment Disputes (ICSID), the Centre for Effective Dispute Resolution (CEDR), the International Mediation Institute, and the International Energy Charter (ECT). This training initiative reflects the increasing interest in mediation and conciliation of investor-State disputes, either before or while the parties resort to international arbitration. Lucy and Seraphina presented the results of CIL’s survey on obstacles to settlement of investor-State disputes, as part of training the participants to identify the inherent impediments States face in voluntarily settling disputes with investors. Other speakers included Meg Kinnear, Secretary-General of ICSID; Karl Mackie, co-founder of CEDR; Anna-Joubin-Bret, a drafter of the IBA Rules on Rules for Investor-State Mediation; and Alejandro Carballo Leyda, General Counsel of the ECT.

Professor Lucy Reed, CIL Director, represented the Centre at the 111th Annual Meeting of the American Society of International Law in Washington DC on 12–15 April 2017. Professor Reed was President of the American Society of International Law from 2008 to 2010. With the topical theme of ‘What International Law Values’, highlights of the meeting included: the Grotius Lecture by Harvard University Professor David Armitage entitled ‘Civil War Time: From Grotius to the Global War on Terror’; an interview by New York University Law School Professor Philip Alston of Hudson Medal Winner Professor Georges Abi-Saab; an Assembly address by Professor Philippe Sands on the origins of the ideas of ‘genocide’ and ‘crimes against humanity’ as illustrated in his new book East West Street; and a keynote address by the new General Counsel of the World Bank Group, Ms Sandie Okoro, on gender-based violence entitled ‘Seen and Not Heard’. NUS Law Faculty Dean and CIL Board Deputy Chairman, Professor Simon Chesterman, spoke on the panel on ‘Claims Against the United Nations: From Within and Without’. Ayelet Berman, soon to join CIL as a Senior Research Fellow, spoke on the panel on “The Rise of Multistakeholder Global Governance’. Professor Reed, Dean Chesterman and NUS Professor Tony Anghie attended the Colleague Societies Breakfast as representatives of the Asian Society of International Law. [Photos]

On 22–23 February 2017, CIL Director Lucy Reed participated in several events at Pepperdine University School of Law in California, which is the home of the well-known Straus Institute for Dispute Resolution. Professor Reed was interviewed by Professor Tom Stipanowich, Dean of the Straus Institute, and Ms Maria Chedid, arbitration partner at Baker & McKenzie in San Francisco, in the inaugural international commercial arbitration ‘A Conversation With…’. Professor Reed spoke to Pepperdine/Straus law students and LLM candidates about the practice of international arbitration and, having judged the final Vis Moot rounds in both Vienna and Hong Kong, was warmly welcomed by the Vis team to sit a practice round. Professor Reed also had meetings on arbitration curricula, including with Professor Jack Coe, a leading international arbitration academic and rapporteur for the American Law Institute’s Restatement of the U.S. Law of International Commercial Arbitration.

On 16 February 2017, CIL’s Christopher Thomas QC was a discussant at the symposium on “International Investment Arbitration Across Asia” organised by the Centre for Asian and Pacific Law at the University of Sydney (CAPLUS) and by the Sydney Centre for International Law (SCIL). The following day, he spoke at the “SCIL International Law Year in Review Conference” on the prospects for and challenges to plurilateral and multilateral treaties in the area of international investment protection.

On 27-28 February 2017, Research Associate Professor (CIL) N. Jansen Calamita, Head of CIL’s Investment Law and Policy Programme, gave lectures at University College London and the Lauterpacht Centre for International Law at the University of Cambridge. He spoke on the compatibility of the European Union’s new investment tribunal system with existing instruments of the investment treaty regime, such as the ICSID Convention and the New York Convention. A summary of his remarks was reported in Global Arbitration Review. His paper is presently in prepublication review.

On 27 October 2016, CIL Director Lucy Reed delivered the 31st Queen Mary University–Freshfields Arbitration Lecture in London, on the topic of ‘Ab(use) of Due Process: Sword vs Shield’. Professor Reed, who for many years led the Freshfields International Arbitration Group, framed her topic with the example of Donald Trump impugning the US federal judge who is presiding over a case against Trump University, by claiming the Mexican heritage of the judge—who was born and raised in Indiana—is biased because of Trump’s plans to construct a wall at the Mexican border if he is elected President.

Professor Reed described a growing trend in international arbitration for the unreasonable invocation of procedural complaints ‘under the banner of due process’ as a ‘brazen strategy’ to seek to pressurise arbitral tribunals. Her thesis was that arbitral tribunals should not allow parties to conflate routine procedural complaints (however stridently or repeatedly articulated, as Trump has done in interviews) with genuine ‘due process’ violations which have the potential to undermine the legitimacy of the arbitral process.

Defining due process as ‘a person’s right not to be deprived as property or other rights without the opportunity to represent themselves before neutral judges’, Professor Reed outlined the historical evolution of the concept of due process as a shield for legitimacy in international arbitration, before providing some practical illustrations of the strategy of (ab)using due process as a sword to influence the outcome. She focused on the boundaries and grey areas between routine procedural complaints and true due process violations. She concluded by urging arbitrators to confront the strategy, to prevent toleration leading to normalisation.

Due process, in Professor Reed’s words, ‘is meant to be a shield against procedural unfairness’ and for a party to ‘gleefully use due process as a sword is to cheapen due process’. As she concluded: neither Zorro nor the Three Muskeeters should be welcome in international arbitration hearing rooms.

CIL Practice Fellow Emily Choo attended the inaugural KLRCA Summer Academy on International Investment Law and Dispute Settlement, which was held in Kuala Lumpur, Malaysia from 25-29 July 2016. The Summer Academy was organised by the Kuala Lumpur Regional Centre for Arbitration in partnership with Clifford Chance. The 5-day programme comprised lectures, interactive training and practical exercises on topical issues in investment law. Around 50 government officials, academics, members of the judiciary and private practitioners from Malaysia, Indonesia, the Philippines, Singapore, Hong Kong and France attended the Summer Academy. [View image]

On 20 July 2016, CIL Director Lucy Reed participated in the Panel Discussion on The Rule of Law and Dispute Resolution held in Singapore. The panel discussion, which was accompanied by a performance by the Temple Church Boys’ Choir from London, was moderated by Chief Justice Sundaresh Menon and was jointly organised by The Honourable Societies of Inner and Middle Temple, The Temple Church and Singapore Academy of Law. To view the eBrochure, please click here. [View photo]

CIL Practice Fellow Emily Choo was invited to present her paper on “The Impact of Non-State Actors’ Intervention in Investor-State Arbitration” at the ILA British Branch Spring Conference on Non-State Actors and Changing Relations in International Law, which was held at the Lancaster University, United Kingdom on 8-9 April 2016. The conference was organised by the Lancaster University Law School and the International Law Association British Branch. Emily spoke about the impact of non-state actors on the development of investment law through their intervention in investor-state arbitration.

On 15 November 2016, Research Associate Professor (CIL) N. Jansen Calamita, Head of CIL’s Investment Law and Policy Programme, gave a keynote presentation at the Asian Business Law Institute’s Asia Pacific Arbitration Conference 2016 titled ‘The Rise of Investment Treaty and Investor State Arbitration Practices in Asia’. Among other issues, he addressed the current state-of-play of investment treaty making and investor-state arbitration in Asia, including the ASEAN Comprehensive Investment Agreement, as well as the status of ongoing negotiations on the Trans-Pacific Partnership (TPP) and the Regional Comprehensive Economic Partnership (RCEP).

On 1 November 2016, Research Associate Professor (CIL) N. Jansen Calamita, Head of CIL’s Investment Law and Policy Programme, was an invited speaker at the ‘International Symposium on China and Development of International Dispute Resolution System in the Context of “the Belt and Road” Construction’ at the Silk Road Institute for International and Comparative law at Xi’an Jiaotong University School of Law in Xi’an, China. His presentation, entitled ‘Building Legal Infrastructure for International Arbitration’, addressed the importance of a consistent, internationalised commercial arbitration framework across the range of states being considered for inclusion in China’s One Belt, One Road initiative.