Singapore International Arbitration Academy 2024
On the week of 24 – 29 November 2024, the Centre for International Law (CIL) at NUS (National University of Singapore) held the Singapore International Arbitration Academy (SIAA) 2024.
Every year, CIL brings together some of the world’s leading experts in international arbitration to Singapore for a weeklong programme on investor-state dispute settlement designed specifically for government officials and private practitioners. 2024 marked the return of the SIAA in-person programme, after online editions during the pandemic. More than 50 participants from 17 jurisdictions participated in the Academy, and more than 20 leading practitioners, barristers and government officials joined SIAA 2024’s Faculty.
As a culmination of the SIAA, participants are given the opportunity to argue in investor-state arbitration proceedings before a distinguished tribunal of some of the world's leading arbitrators. This year’s hypothetical for the mock arbitration revolved around the interaction between international investment law and climate change issues. During the course of the Academy, the hypothetical fostered a discussion on investment treaties and related obligations of States and the impact of regulatory measures on investors and their investments.
DAY ONE | 24 Nov 2024
On Day 1, after introductory remarks and formal opening of the Academy by Prof N Jansen Calamita and welcome address by Dr Nilufer Oral, Director of CIL, the participants were introduced to the hypothetical and the applicable treaty obligations by Prof Calamita. Thereafter, Dr Oral set the context to the hypothetical by providing a background to the international environmental law discussing landmark moments and developments in the field leading all the way up till the then ongoing COP 29 in Baku, Azerbaijan.
Prof Chester Brown SC, Barrister and Professor at the University of Sydney Law School, introduced the General Rules of International Law and the Investment Treaty Regime. Prof Brown began the session by discussing sources of international law and explaining how they interact with international investment law. The session concluded with a discussion on attribution by conduct under the ILC Articles on State Responsibility.
Dr Romesh Weeramantry, Foreign Legal Consultant, Clifford Chance, led the next session on the interpretation of investment treaties under the Vienna Convention on the Law of Treaties discussing ‘ordinary meaning’, ‘context’ and ‘object and purpose’.
The day concluded with a session by Prof Brown on the scope of investment treaties: ‘investors’ and ‘investments’. The discussion was centred around various jurisdictional issues for investors (personal jurisdiction), investments (subject matter jurisdiction) and temporal jurisdiction.
DAY 2 | 25 Nov 2024
On Day 2 of the Academy, Mr Gonzalo Flores, Deputy Secretary General of ICSID, conducted sessions covering ICSID practices, procedures, jurisdictional objections, tribunal constitution, and other procedural matters. The day wrapped up with an interactive session led by Ms Sapna Jhangiani KC, who focused on drafting the request for arbitration, including its structure and essential elements. Participants had the opportunity to draft a request for arbitration based on the hypothetical.
DAY 3 | 26 Nov 2024
Day 3 of the Academy began with a session on the cost and duration of investment arbitration by Mr Tze Siong Ang, discussing the current trends, allocation of costs and tools to manage the cost and duration of arbitration. Prof Mark Feldman from the Peking University of Transnational Law led the next session on Fair and Equitable Treatment, and Dr Weeramantry followed it up with a session on Expropriation. Both these sessions involved extensive discussions on the substantive obligations of states and investors and encouraged participants to think critically about the hypothetical. The day concluded with a session on Defence arguments in investment arbitration by Prof Can Yeginsu, Barrister.
DAY 4 | 27 Nov 2024
On Day 4 of the Academy, the participants were introduced to document production in international arbitration by Elodie Dulac, from King and Spalding. The following session on the dissection of an investment arbitration case from the point of view of the Claimant by Mr David Pawlak and the Respondent by Ms Jennifer Lim, from Duxton Hill Chambers, engaged the participants to think critically about how to approach the hypothetical depending on the side they are representing.
Ms Sylvie Tabet, General Counsel, Trade Law Bureau Canada, along with Mr David Pawlak and Prof Calamita, held a session with the Government Officials on Managing Investment Treaty Obligations and Engaging with External Counsel and Developing in-house capacity. Meanwhile, participants preparing for the oral rounds of the mock arbitration were being consulted on their research and arguments by Dr Matthew Secomb, White and Case, Mr Alvin Yap, Assistant Professor, University of Western Australia, Ms Gitta Satryani, Herbert Smith Freehills, and Dr Charalampos Giannakopoulos from CIL.
On the sidelines of the Academy, SIAA participants had the opportunity to attend a conference by Judge Tomas Heider, President of the International Tribunal for the Law of the Sea (ITLOS) on ‘The Contribution of ITLOS to the Development of International Law: From “a Ship as a Unit” to the Continental Shelf and Climate Change’.
DAY 5 | 28 Nov 2024
On Day 5 of the Academy, Prof Calamita held a fireside chat with Prof Hi-Taek Shin, Twenty Essex, Ms Judith Gill KC, independent arbitrator, and Ms Loretta Malintoppi, 39 Essex Chambers, on the point of view of the arbitral tribunal in an investment arbitration. The day concluded with a session by Prof Calamita on the developing landscape of international investment treaties and ISDS.
DAY 6 | 29 Nov 2024
A mock arbitration based on the hypothetical was held on the final day of the Academy. The arbitral tribunal, presided by Prof Calamita, included Justice Pang Khang Chau, High Court of Singapore, Prof Hi-Taek Shin, Twenty Essex, Ms Swee Yen Koh SC, Wong Partnership and Mr Rodman Bundy, Squire Patton Boggs.
Participants representing the Claimant and the Respondent presented their arguments on Jurisdictional Objections, Fair and Equitable Treatment, Expropriation and General Exceptions.
The oralists benefitted from critical feedback from the arbitral tribunal on advocacy, style and presentation of arguments.
The Academy concluded with the SIAA Advocacy Awards and Certificate Ceremony. Mr Daryl Wong, Ms Claire Lim and Mr Kanyiri Kariuki were awarded the SIAA Excellency in Advocacy Award.
