Faculty of Law Twilight Seminar - International Commercial Arbitration: The Mechanics and Hot Topics

Speaker:

A/Prof Winnie Jo-Mei Ma will speak on 'Arbitral institution’s perspective: Lessons from drafting institutional arbitration rules'

Professor Lawrence Boo will speak on 'Arbitrator’s perspective: Tips for dealing with gaps in arbitration rules'

When: Tuesday, 6 June 2017. 5:30 PM to 7:00 PM

Where: Bond University, 14 University Drive, Robina Health, Sciences and Medicine Building 5 (HSM)

When: 5:30-6.00PM Drinks and nibbles 6.00-7.00PM Seminar (5_3_35)

Carparking: PG3 - https://bond.edu.au/campus-map

Enquiries: lawresearch@bond.edu.au

Abstract:

The continuing success and growth of arbitration as the leading mechanism of international dispute resolution are attributable to comprehensive regulatory framework on all levels: the prevalent New York Convention and UNCITRAL Model Law on International Commercial Arbitration (on the international level); arbitration-friendly legislations (on the national level); and effective arbitration rules of numerous institutions (on the institutional level). The challenges of aligning with international trends and benchmarks while conforming to the users’ demands and interests include balancing between party autonomy, fairness and finality; between efficiency, expediency and proportionality; as well as between legal, linguistic and cultural complexity.

Winnie Ma will share her current experience in drafting international arbitration rules for an institution from scratch, and bilingually. Topics include determining the seat, language and law applicable to arbitration, challenging arbitrators, time-limits on award-making and confidentiality.

Lawrence Boo will share his insights in tackling some of the challenging issues confronting arbitrators. These include: the do’s and don’ts in discovery/disclosure applications; measuring “success” when apportioning costs; awarding costs where there is no valid agreement to arbitrate; and dealing with fellow arbitrator who has been “compromised”.