CPD Points: 1
Venue: Supreme Court Viewing Gallery, Level 8, Supreme Court, 1 Supreme Court Lane, Singapore 178879
Date: 19 Feb 2016 (5.00pm - 6.45pm)
PRICE (inclusive of GST)
SAL MEMBER $149.80
NON MEMBER $203.30
STUDENT MEMBER $42.80
1 Public CPD Point
Practice Area: Alternative Dispute Resolution
Training Level: General
On occasion, one hears suggestions that the psychological reality of arbitral decision-making stands apart from the universe of rules and regulations. Notwithstanding a superficial appeal in such rhetoric, a more robust account of how arbitrators decide cases must inevitably grapple with the role of rules on several levels: the law applicable to the merits of a dispute; the statutory and treaty framework of arbitration; and the so-called “soft law” of professional and institutional guidelines, elaborated by stake-holders in the arbitration community on matters like witness examination and conflicts of interest. Thoughtful observers seeking to understand international arbitration will want to examine the impact of rules not only on how arbitrators make up their minds, but also in respect of judicial scrutiny of awards. When a disappointed loser challenges an arbitrator’s decision, judges may be called to wrestle with the difference between a “bad decision” normally not reviewable in court, and an excess of authority justifying judicial annulment or non-recognition. These questions will be explored through several scenarios implicating potential conflict between applicable law and contract remedies, including provisions on exclusion of liability, limitation of damages, and cost allocation. Such illustrations offer prisms to separate themes in arbitral decision-making which touch on fidelity to the parties’ shared expectations and the safeguard of hometown interests at the enforcement forum.
||Registration & Tea
||Talk by Professor William Park
||Panel Discussion and Q&A
||Chairperson: Mr Cavinder Bull SC
||Panellist: Mr John Savage
||End of Session
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(inclusive of 7% GST, tea breaks and materials, if any)
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