1st ICC Malaysia Arbitration Day

22 May 2023

Kuala Lumpur English
Start: 08:30 (MYT) | End: End: 17:30 (MYT)

Join us for the inaugural ICC Malaysia Arbitration Day which will be filled with topical discussions on international arbitration development in Malaysia and ample networking opportunities among dispute resolution stakeholders based and interested in Malaysia dispute work. 

Esteemed members of judiciaries, in-house counsel and dispute resolution practitioners will shed light on several pertinent issues with respect to enforcement of awards before the Malaysian courts, the practice of ICC arbitration, diversity of arbitrators’ appointments in ICC arbitrations and the current state of the use of arbitrations for disputes involving Malaysian parties.

This event is open to practitioners, in-house counsel, and academics. 

22 May

MYT Time Zone

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

 

 

  

 


Tejus Chauhan

Director, ICC Arbitration & ADR, South Asia, ICC Dispute Resolution Services

Celine Chelladurai

Partner, Celine & Oommen, Kuala Lumpur

Sharon Chong

Partner, Skrine, Kuala Lumpur

James Ding

Partner, C.H. Tay & Partners, Kuala Lumpur

Geraldine Kamalanathan

Head of Legal, Commercial, Maybank Group, Kuala Lumpur

Foo Joon Liang

Dispute Resolution Partner, Gan Partnership, Kuala Lumpur

Ko Luen Lam

Head of Arbitration, Building, Construction & Engineering and Insurance, Shook Lin & Bok, Kuala Lumpur

K. Shanti Mogan

Head, Arbitration & Mediation, Shearn Delamore & Co, Kuala Lumpur

Sanjay Mohanasundram

Partner, Sanjay Mohan, Advocates & Solicitors, Kuala Lumpur

Nahendran Navaratnam

Principal, Navaratnam Chambers, Kuala Lumpur

Huey Minn Ooi

Partner, Raja, Darryl & Loh, Kuala Lumpur

Rajendra Navaratnam

Partner, Azman Davidson & Co, Kuala Lumpur; Member, ICC International Court of Arbitration

YA Datuk Nallini Pathmanathan

Judge, Federal Court of Malaysia, Kuala Lumpur

Belden Premaraj

Principal Partner & Head, Belden Advocates & Solicitors, Kuala Lumpur

VK Rajah SC

Independent Arbitrator, Duxton Hill Chambers, Former Attorney-General and Judge of Court of Appeal, Singapore

Sitpah Selvaratnam

Consultant, Tommy Thomas Advocates & Solicitors, Kuala Lumpur; Alternate Member, ICC International Court of Arbitration

Kuhendran Thanapalasingam

Head of Construction Dispute Resolution, Zul Rafique & Partners, Kuala Lumpur

Dates and venue

The Conference will take place at the following venue:

Asian International Arbitration Centre (AIAC)

Bangunan Sulaiman

Jalan Sultan Hishamuddin, Kampung Attap, 50000 Kuala Lumpur

Wilayah Persekutuan Kuala Lumpur, Malaysia

 

The Networking Reception after the conclusion of the Conference will take place at the following venue:

The Majestic Hotel Kuala Lumpur

5, Jalan Sultan Hishamuddin, Tasik Perdana, 50000 Kuala Lumpur

Wilayah Persekutuan Kuala Lumpur, Malaysia

Exact rooms for both the Conference and the Networking Reception will be communicated in due course. 

Working language English
Registration

When you click to register for the event above, you leave the ICC website and are re-directed to the registration platform used by the event co-organiser. Your personal information will be collected by this registration platform and the event co-organiser in accordance with their own privacy policies. Among other things, the privacy policy provides that the event co-organizer will share your personal data with ICC for the purpose of providing event services (registrations).

To enjoy the early-bird registration fee of RM100.00/participant, please complete your registration on or before 1 April 2023. After this date, the standard fee of RM200.00/participant applies. 

For further information please contact:

Esther Boey

Manager – ICC Malaysia Secretariat’s Office

icc.cpk@rdl.com.my

Rachel Chong

Admin Assistant, Arbitration and ADR, South Asia, ICC Dispute Resolution Services

iccdrs-southasia@iccwbo.org

http://iccmalaysia.org.my/wp-content/uploads/2023/01/FINAL_ICC-Malaysia-Arbitration-Day-Sponsorship-Brochure-2022.pdf

For sponsorship enquiries, please contact: Ms Irene Mira (Deputy Director, Arbitration & ADR, South Asia, ICC Dispute Resolution Services) at irene.mira@iccwbo.org and Ms Esther Boey, Manager – ICC Malaysia Secretariat’s Office at icc.cpk@rdl.com.my

Organisers

ICC Court Centenary
ICC Malaysia

Supporting Organisations/Partners