ICC Institute Advanced Training - ‘Catch me if (and while) you can: How to Navigate Interim Measures in International Arbitration’

26-27 May 2021

Online English CPD/MCLE/CNB credits/points available
9.00 – 12.30 CEST / 15.00 – 18.30 HKT/SGT

6th ICC Asia Conference: Agenda of the week

˃ 25 May11.00-12.30 CEST (17.00-18.30 HKT/SGT): ICC SME Lab Series: Legal Essentials for Start-ups: Lab #1 “Starting to negotiate”
>26-27 May, 09.00-13.00 CEST (15.00-19.00 HKT/SGT): ICC Institute Advanced Training - ‘Catch me if (and while) you can: How to Navigate Interim Measures in International Arbitration’
>28 May, 09.00-12.45 CEST (15.00-18.45 HKT/SGT): 6th ICC Asia Conference on International Arbitration

The ICC Institute Advanced Level Training - Catch me if (and while) you can: How to Navigate Interim Measures in International Arbitration - will take place online on 26-27 May 2021. 

This advanced training will provide participants with insight into strategic considerations and procedures when requesting interim measures, practical considerations from the counsel’s and arbitrator’s perspectives as well as compliance, enforcement and other issues arising after interim measures are ordered/awarded. Participants will also be given the opportunity to interact around the study of a mock case in small working groups.

Who should attend?

  • Practising lawyers
  • Corporate counsel
  • Arbitrators
  • Mediators
  • Business professionals and academics coming from or doing business in Asia
Wednesday 26 May: Training programme
Thursday 27 May: Training programme
Friday 28 May: 6th ICC Asia Conference

09.00 – 09.15 CEST / 15.00 – 15.15 HKT/SGT

Welcoming address, presentation of the ICC Institute, introduction and presentation of the mock cases

  • May Tai, Managing Partner, Asia, Herbert Smith Freehills, Hong Kong
  • Alan J. Thambiayah, Independent Arbitrator, The Arbitration Chambers, Singapore; Vice Chair, ICC Institute of World Business Law

09.15 – 9.45 CEST / 15.15 – 15.45 HKT/SGT

Arrangement on Interim Measures between PR China and Hong Kong – the ICC Perspective

  • Pui-Ki Emmanuelle Ta, Counsel, Secretariat of the ICC International Court of Arbitration – Asia Office, Hong Kong

09.45 – 10.30 CEST / 15.45 – 16.30 HKT/SGT

Strategic considerations and procedures: When, how and to whom to request interim measures?

-Concept: must be temporary

-Powers of the ICC arbitral tribunals

-Role of the lex arbitri

-When can/should request for interim measures be made?

-To whom can/should interim measures be requested: emergency arbitrator, arbitral tribunal, national courts (concurrent jurisdiction)

-ICC procedure and statistics: Art. 28 ICC Rules

-Specific measures: security for costs, escrow accounts, stop payment orders relating to first demand bank guarantees, and counter-guarantees

  • May Tai, Managing Partner, Asia, Herbert Smith Freehills, Hong Kong
  • Mariel Dimsey, Partner & Co-Head, CMS International Arbitration Group, CMS, Hong Kong

10.30 – 11.15 CEST / 16.30 – 17.15 HKT/SGT

Mock Case

11.15 – 11.30 CEST / 17.15 – 17.30 HKT/SGT

Coffee break

11.30 – 12.15 CEST / 17.30 – 18.15 HKT/SGT

Practical considerations: The counsel’s perspective

-Burden of proof

-Types of measures that can be requested: a very broad range, but with limitations

-Ex-parte requests

-Discovery requests before national courts in aid of international arbitration (e.g., 28 USC 1782 requests)

-Most common defenses against requests for interim measures

  • Jun Bautista, Counsel, King & Spalding, Singapore
  • Sae Youn Kim, Partner, Kim & Chang, South Korea

12.15 – 13.00 CEST / 18.15 – 19.00 HKT/SGT

Mock Case

09.00 – 09.45 CEST / 15.00 – 15.45 HKT/SGT

Practical considerations: The arbitrator’s perspective

-Asymmetric information with the parties (especially at the outset of the case)

-Urgency and due process (can an arbitrator award ex-parte measures?)

-Risks: prejudgment, awarding or denying measures may have a permanent effect (e.g., where one of the parties risks liquidation, where assets may disappear, etc.)

-Can/should arbitrators take a more active role (e.g., escrow accounts managed by tribunals; order counter-security)

  • Alan J. Thambiayah, Independent Arbitrator, The Arbitration Chambers, Singapore; Vice Chair, ICC Institute of World Business Law
  • Tan Chuan Thye SC, Partner, Rajah & Tann Singapore LLP, Singapore; Member, ICC Institute of World Business Law

09.45 – 10.30 CEST / 15.45 – 16.30 HKT/SGT

Q&A

10.30 – 10.45 CEST / 16.30 – 16.45 HKT/SGT

Coffee break

10.45 – 11.30 CEST / 16.45 – 17.30 HKT/SGT

Compliance, enforcement and other issues arising after interim measures are ordered/awarded

-“Order” v. “Award” of interim measures

-Enforcement considerations: what can the parties do?

-What can arbitrators do faced with a party’s refusal to comply with interim measures?

-Relevance of civil v. common law jurisdictions

  • Tomohiro Tateno, Senior Associate, INPEX, Australia
  • Jane Willems, Arbitrator, Mediator, BW ARBINTL Ltd, Hong Kong; Member, ICC Institute of World Business Law

11.30 – 12.15 CEST / 17.30 –18.15 HKT/SGT

Q&A

12.15 – 12.30 CEST / 18.15 – 18.30 HKT/SGT

Concluding remarks

  • May Tai, Managing Partner, Asia, Herbert Smith Freehills, Hong Kong
  • Alan J. Thambiayah, Independent Arbitrator, The Arbitration Chambers, Singapore; Vice Chair, ICC Institute of World Business Law

Jun Bautista

Counsel, King & Spalding, Singapore

Mariel Dimsey

Partner & Co-Head of the CMS International Arbitration Group, CMS, Hong Kong

Sae Youn Kim

Partner, Kim & Chang, South Korea

Pui-Ki Emmanuelle Ta

Counsel, Secretariat of the ICC International Court of Arbitration – Asia Office, Hong Kong

May Tai

Managing Partner, Asia, Herbert Smith Freehills, Hong Kong

Tomohiro Tateno

Senior Associate, INPEX, Australia

Alan J. Thambiayah

Independent Arbitrator, The Arbitration Chambers, Singapore; Vice Chair, ICC Institute of World Business Law

Tan Chuan Thye SC

Partner, Rajah & Tann Singapore LLP, Singapore; Member, ICC Institute of World Business Law

Jane Willems

Arbitrator, Mediator, BW ARBINTL Ltd., Hong Kong; Member, ICC Institute of World Business Law

Date and venue

26-27 May 2021

Online

Registration fees

Training: €100 (*Price includes VAT)

Special discounts:

Group rates: Register 5 persons from the same company and pay for 4.
In-house Counsel and Government representatives may benefit from a free ticket.

ICC Members: Please contact your National Committee to receive the discount code to access the Member rate (20% reduction).

Please contact ICCGlobalEvents@iccwbo.org for more details.

Credits, hours and points

This event is eligible for credits/hours/points before the French Bar, NY Bar, Singapore Institute of Legal Education and The Law Society of Hong Kong. Please note that this is subject to validation of ICC Global Events' applications (or individual application, as necessary) to the afore mentioned Bars.

You are informed that day 1 of the Training (26 May) is eligible for 4 Public CPD Points from the Singapore Institute of Legal Education (SILE) and Day 2 (27 May) is eligible for 2 Public CPD Points.

Please note, for the purposes of SILE CPD accreditation, that the Practice Area for the training is Alternative Dispute Resolution and the Training Level is Advanced.

Please see below SILE’s Attendance Policy:

Participants who wish to obtain CPD Points are reminded that they must comply strictly with the Attendance Policy set out in the CPD Guidelines. For this activity, this includes logging in at the start of the webinar and logging out at the conclusion of the webinar on each day of the activity, and not being away from any part of the webinar for more than 15 minutes on each day of the activity. Participants who do not comply with the Attendance Policy on any particular day of the activity will not be able to obtain CPD Points for that day of the activity. Please refer to http://www.sileCPDcentre.sg for more information.

Further, ICC Global Events is a State Bar of California approved MCLE provider.

Please contact ICCGlobalEvents@iccwbo.org if you have any questions or would like further information.

Working languages English
Cancellation policy Any form of cancellation until Wednesday 19 May 2021 will incur a cancellation fee of 2.75% of the registration fee which must be covered by the participant. Cancellations after this date are refundable 50% of the registration fee.
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