ICC Institute of World Business Law Advanced Training on Drafting Enforceable Awards

08:30 – 09:00

Registration and welcome coffee

09:00 – 09:10

Welcoming address, introduction and presentation of the ICC Institute of World Business Law

• Minn Naing Oo, Partner, Allen& Gledhill, Singapore; Member, ICC International Court of Arbitration; Member, ICC Institute of World Business Law

09:10 – 10:10

Drafting an arbitral award: which drafting style?

Participants will receive first-hand guidelines and knowledge on best practices pertaining to award legal drafting styles. How legal systems and traditions can influence drafting techniques, the different approaches in civil and common law. How to improve the quality of the award, by getting away from the “copy and paste” drafting style, to properly reflect the reasons behind the arbitral decision, identifying how much “reasoning” is necessary to render a fully convincing award and secure its enforceability.

• Sapna Jhangiani KC, Advocate, Arbitrator & Mediator, Singapore; Vice-Chair, ICC Commission on Arbitration & ADR
• Christine Artero, Arbitrator, The Arbitration Chambers Pte Ltd, Singapore; Door Tenant, Fountain Court Chambers, Singapore

10:10 – 10:40

Q&A

10:40 – 10:55

Coffee break

10:55 – 11:40

Drafting an arbitral award: spotlight on specific issues

This session will focus on particular sections of the award which often present difficulties and challenges in particular:

(1)     Jurisdiction and applicable law

(2)    Damages

(3)    Auxiliary remedies: interest and costs

• Tan Chuan Thye SC, Partner, Rajah & Tann LLP, Singapore; Member, ICC Institute of World Business Law
• Mark Mangan, Founding Partner, Lindsay Francis Mangan, Singapore; Member, ICC International Court of Arbitration
• Sapna Jhangiani KC, Advocate, Arbitrator & Mediator, Singapore; ; Vice-Chair, ICC Commission on Arbitration & ADR 

11:40 – 12:45

Case scenarios and Q&A

12:45 – 13:45

Lunch

13:45 – 14:15

Introduction to scrutiny of the award by the ICC International Court of Arbitration (ICC Court)

Participants will gain a deeper insight into a distinctive feature of ICC arbitration, the ICC Court’s scrutiny of all draft awards. An ICC representative will share her expertise on the ICC Court scrutiny process, the different levels of review, the assistance and tools provided by the Secretariat of the Court, such as the “ICC Award Checklist”, to help arbitral tribunals, although respecting their liberty of decision, draft more legally effective awards.

• Yvonne Mak, Counsel, ICC International Court of Arbitration, Singapore

14:15 – 14:30

Discussion

14:30 – 15:45

Working groups: draft award review before scrutiny by the ICC Court

Participants will be given the opportunity to study a draft award, in the conditions in which a draft award would be reviewed before scrutiny by the ICC Court. Each working group will be responsible for reviewing the draft award and will make its comments as if it were a Counsel of the Secretariat of the ICC Court.

• Yvonne Mak, Counsel, ICC Court, Singapore

15:45 – 16:15

Coffee break

16:15 – 17:30

Mock Court session: scrutiny of the award by the ICC Court and debate

This is an opportunity for participants to witness the type of discussions that are held between members of the ICC Court and representatives of the Secretariat when reviewing a draft award. The parties to this mock court session will debate on the draft award reviewed by the working groups.

• Mark Mangan, Founding Partner, Lindsay Francis Mangan, Singapore; Member, ICC International Court of Arbitration
• Minn Naing Oo, Partner, Allen& Gledhill, Singapore; Member, ICC International Court of Arbitration; Member, ICC Institute of World Business Law
• Yvonne Mak, Counsel, ICC International Court of Arbitration, Singapore

17:30 – 17:40

Concluding remarks

• Minn Naing Oo, Partner, Allen& Gledhill, Singapore; Member, ICC International Court of Arbitration; Member, ICC Institute of World Business Law