SYNOPSIS
It has never been more important for a party to appoint the right arbitrator either as a sole arbitrator or as its nominee in a panel of three arbitrators. Not only will the tribunal determine a dispute by making key findings of law and fact, the arbitrator is in a position to issue an award or have input into an award that can only be challenged and appealed in very limited circumstances.
In addition to deciding the substance of the dispute, the tribunal will also determine matters of procedure that can be of strategic importance and consequence. The right of the parties to choose their arbitrators or at least the method for which the tribunal is appointed is a fundamental aspect of international arbitration. It is also fundamental that an arbitrator needs to be unbiased and impartial. There are good reasons for why arbitrators ought not take on an appointment in the first place, or should cease an appointment, in cases of actual or apparent bias. This has caused many practical difficulties, and proliferated much international case law, where the world of arbitration appears to be shrinking and the interconnectedness of arbitration practitioners (solicitors, barristers, full time arbitrators, experts) is growing.
This seminar will cover the important choice a party needs to make in appointing an arbitrator, as well as the applicable law surrounding that appointment, together with the possible challenge and removal of an arbitrator. The session will also look at national legislation, case law, arbitral rules, as well as the ‘soft law’ guidelines that are employed in practice. Some pre-reading of one or two key cases will ensure that most is gained from the session.
ABOUT THE SPEAKERS
Simon Bellas
Simon Bellas is an international disputes authority whose practice is focused on large-scale construction projects, especially in the energy and resources and infrastructure sectors. He has particular experience working with owners and with overseas EPC contractors. Simon is a highly ranked arbitration and construction lawyer and has managed some of the largest international arbitrations and litigation in the Asia-Pacific region.
In addition to large-scale transnational disputes, Simon is regularly engaged during project execution as "project counsel" with a mandate of avoiding and minimizing claims and disputes. With more than 15 years experience, notably in LNG and mining, Simon is a leading industry professional and has an in-depth working knowledge of many of the technical engineering and commercial issues that underpin projects and the claims that commonly arise from them.
Simon has significant experience with extension of time, variation, and delay and disruption claims as well as advising on contract termination issues. His practice is distinctively international having been based in several continents, including Australia, Asia, and the CIS, and regularly working on international arbitrations. Simon was previously based in Singapore working in-house for a global offshore LNG contractor.
Ken Hickman
Ken Hickman's practice is focused on large-scale construction, infrastructure, mining, energy, and transport projects. He has acted for owners and contractors in Australia and Southeast Asia in arbitration (ICC, SIAC, LMAA, SCMA), litigation, mediation, and expert determination. Ken also has been engaged by clients prior to initiating formal legal proceedings to investigate and minimize claims and disputes, and he has significant experience in Australia acting for owners and contractors in high-value adjudications under various security of payment legislation throughout Australia.
Ken has particular experience running complex and high-value international commercial arbitrations, seated around the world under various institutional rules.
Prior to joining Jones Day, Ken worked for international law firms in Melbourne and Singapore. During this time he advised regional clients in construction and major transport infrastructure projects; offshore construction projects (including chartering arrangements for related subsea/heavy lift operations); energy and mining projects, including contracts for the procurement of specialized equipment; shipping (including charter party and bill of lading disputes and disputes concerning the construction of specialized vessels for the oil and gas industry); and commodities trading disputes and investigations.
In addition, Ken has diverse experience across multiple industry and government sectors having served previous secondments with an ASX-listed mining services company and a statutory authority delivering a multibillion dollar transport project in Victoria. He also worked with the Regional Rail Link Authority in Victoria during the procurement phase on a $4.3 billion rail infrastructure project.
FEES
a. Seminar fee
Seminar fee of S$150* (inclusive of GST) applies.
b. Group discount fee
Group discount fee of S$135* (inclusive of GST) applies if there are at least 10 participants from the same organisation.
c. SMU Alumni fee (for LLB / JD / LLM graduates)
Seminar fee of S$135* (inclusive of GST) applies for SMU LLB / JD / LLM Alumni.
*Please note that there will be no refund of any fees should the participant cancel the registration/ fail to attend the seminar. However, registration is transferable. Notice of any change in participant should be sent to the Academy via email: smulawacademy@smu.edu.sg, by 13 September 2019.
SMU School of Law reserves the right to cancel or postpone any event. In such case, we will arrange for the refund of seminar fees paid.
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