1st ICC Malaysia Arbitration Day

08:30-09:30

Registration & breakfast

09:30-09:45

Opening remarks

09:45-10:45

Session 1 – Part 1: Is it time to set the clock back; Courts’ approach to arbitral awards – rubber stamp or critical review?

 This topic deals with the Courts’ approach with respect to arbitral awards; where issues of arbitrability and jurisdiction arise, what balance should be struck between the statutorily enshrined preserve of the Courts and the commercial right of parties to have disputes arbitrated; where awards are challenged on grounds other than jurisdiction, is a non-interventionist approach always the recommended approach; what does it mean for a jurisdiction to be ‘pro-arbitration’ and is such approach subject to limits; is there a danger of the ‘administrative rubber-stamping’ of awards leading to concerns about the integrity of the award.

• YA Datuk Nallini Pathmanathan,Judge. Federal Court of Malaysia, Kuala Lumpur
• VK Rajah SC,Independent Arbitrator, Duxton Hill Chambers, Former Attorney-General and Judge of Court of Appeal, Singapore
• Geraldine Kamalanathan,Head of Legal, Commercial, Maybank Group, Kuala Lumpur
• Nahendran Navaratnam,Principal, Navaratnam Chambers, Kuala Lumpur
• Belden Premaraj,Principal Partner & Head, Belden Advocates & Solicitors, Kuala Lumpur
• Lam Ko Luen,Head of Arbitration, Building, Construction & Engineering and Insurance, Shook Lin & Bok (Moderator), Kuala Lumpur

10:45-11:00

Break

11:00-12:00

Session 1 - Part 2: Is it time to set the clock back; Courts’ approach to arbitral awards – rubber stamp or critical review?

This topic deals with the Courts’ approach in respect of arbitral awards; where issues of arbitrability and jurisdiction arise, what balance should be struck between the statutorily enshrined preserve of the Courts and the commercial right of parties to have disputes arbitrated; where awards are challenged on grounds other than jurisdiction, is a non-interventionist approach always the recommended approach; what does it mean for a jurisdiction to be ‘pro-arbitration’ and is such approach subject to limits; is there a danger of the ‘administrative rubber-stamping’ of awards leading to concerns about the integrity of the award.

• YA Datuk Nallini Pathmanathan,Judge. Federal Court of Malaysia, Kuala Lumpur
• VK Rajah SC, Independent Arbitrator, Duxton Hill Chambers, Former Attorney-General and Judge of Court of Appeal, Singapore
• Geraldine Kamalanathan, Head of Legal, Commercial, Maybank Group, Kuala Lumpur
• Nahendran Navaratnam, Principal, Navaratnam Chambers, Kuala Lumpur
• Belden Premaraj, Principal Partner & Head, Belden Advocates & Solicitors, Kuala Lumpur
• Lam Ko Luen,Head of Arbitration, Building, Construction & Engineering and Insurance, Shook Lin & Bok (moderator), Kuala Lumpur

12:00-13:00

Session 2: What is the impetus to adopt the ICC Rules of Arbitration to arbitrate disputes?

In this interview session, delegates will be privy to an insight into the benefits of arbitrating under the ICC Rules of Arbitration; the unique features of the ICC Rules; the work and function of task forces within the ICC that address practical concerns faced in arbitration; ICC International Court of Arbitration’s judicial supervision of arbitral proceedings, including arbitral appointments and challenges, monitoring the arbitral process, scrutinising arbitral awards to reinforce quality and enforceability, managing fees and overseeing emergency arbitral proceedings.

• Interviewee:Tejus Chauhan,Director, ICC Arbitration & ADR, South Asia, ICC Dispute Resolution Services
• Interviewer: James Ding, Partner, C.H. Tay & Partners, Kuala Lumpur

13:00-14:30

Lunch & Networking

14:30-16:00

Session 3: Arbitrator Diversity – Welcome step or misplaced crutch? Will diversity be achieved at the cost of meritocracy in arbitrator selection?

This panel discussion looks at various forms of arbitrator diversity, whether affirmative action is a redress for arbitrator diversity; how that may impact on meritocracy in arbitrator selection; what are the root causes of the lack of diversity and how, and by whom, they should be addressed.

• Rajendra Navaratnam, Partner, Azman Davidson & Co, Kuala Lumpur ; Member, ICC International Court of Arbitration
• Celine Chelladurai, Partner, Celine & Oommen
• Sharon Chong Partner, Skrine, Kuala Lumpur
• K. Shanti Mogan, Head, Arbitration & Mediation, Shearn Delamore & Co, Kuala Lumpur (moderator)

16:00-17:00

Session 4: Is arbitration losing its appeal?

In this debate, the audience will hear countervailing views about the appeal of arbitration today where there are equally efficacious avenues through domestic or international courts. Where arbitration processes become more complex and time consuming, where lawyers and judges dominate the arbitral scene, where neutrality is brought into question with party appointed arbitrators, the question arises as to whether arbitration has lost its appeal. The lack of an appeal process, the delays in arbitration and the high costs in arbitrating disputes leave many losing parties feeling without adequaterecourse. Has the time come to close the chapter on arbitration?

• Sanjay Mohanasundram, Partner, Sanjay Mohan, Advocates & Solicitors, Kuala Lumpur
• Kuhendran Thanapalasingam, Head of Construction Dispute Resolution, Zul Rafique & Partners, Kuala Lumpur
• Ooi Huey Miin, Partner, Raja, Darryl & Loh, Kuala Lumpur
• Foo Joon Liang, Dispute Resolution Partner, Gan Partnership, Kuala Lumpur
• Sitpah Selvaratnam, Consultant, Tommy Thomas, Advocate & Solicitors; Altenate Member, ICC International Court of Arbitration (moderator)

17:00-17:30

Closing & Announcements

17:30

Networking Reception at The Majestic Hotel Kuala Lumpur