The Rise of International Commercial Arbitration and Developments

In Investment Treaty Arbitration: Asia’s Response


Thursday,  6 October 2016

             APRAG Representative Dinner and Meeting, 17.00 - 21.00 PM, WITA



DAY 1 Friday, 7 October 2016

Session  1 Diversity and Unification of Arbitration Practices in Asia
  This session we look at issues such as:
  1. Is there a common international arbitration culture in the Asia Pacific Region ?
  2. Is the march of common law procedure too pervasive?
  3. Who should control the length of a hearing?
  4. Is the role of arbitrators different?
  5. Are adversarial proceedings appropriate?
  6. Is there a fundamental difference in the approach to commercial transactions?
  7. Is the approach to dispute resolution in general different?
  8. Is it possible to ensure international uniformity in arbitration procedures and culture?


Session 2

Third Party Funding and Costs In Investment and Commercial Arbitration ?

  1. Should third-party funding in Investment and Commercial arbitration be allowed?
  2. Issues of confidentiality and privilege - can third-party funding be regulated?
  3. Should there be a harmonised system of costs in international arbitration?
  4. Are there any best practices for reducing time and costs in Investment Treaty Arbitration and commercial arbitration that can be adopted throughout the region?
  5. Can an egregious error on the award of costs by an arbitral tribunal be challenged in the seat and at the courts of enforcement?
  6. Should there be harmonisation of practices on dealing with security for costs in the Asia-Pacific region?


Luncheon Adjournment

Session 3 Investment Arbitrations in Asia
  1. Has Investment Arbitration had any effect in shaping Investment Treaties of States?
  2. Are Investment Treaty Arbitration cases dominated by the same arbitrators and law firms from US and Western European countries?
  3. Do Asian witnesses and Asian law firms face cultural disadvantages in appearing before European Tribunals?
  4. As some Asian States have withdrawn from BIT treaties and Investment Treaty Arbitration, is this an opportunity for the ICC and UNCITRAL to flourish?
  5. Indonesia's experience in Investment Arbitration
  6. The I+UNCITRAL Arbitration Rules as a Unifying set of Arbitration Rules for the AEC


Coffee Break

Session 4 Current issues on commercial and investment arbitration within the new ASEAN economic Community
  1. Prospects for harmonization of commercial and investment arbitration within the new ASEAN Economic Community
  2. Are there unique attributes of international arbitration culture in ASEAN.
  3. How should commercial arbitration complement the current dispute resolution mechanisms in ASEAN
  4. What are the opportunities for the international arbitration community to assist in developing best practices for international arbitration within the AEC
  5. A harmonised system of international commercial arbitration within the AEC and Beyond ?


DAY 2 Saturday 8 October 2016

Session 5 Members Update and Collaboration Perspectives